10Common rules for exemptions from giving returns for usual return periods

10  Common rules for exemptions from giving returns for usual return periods

 (1) An application under this instrument for an exemption from the requirement to give returns, in relation to a product, for usual return periods in a financial year or calendar year must:

 (a) be in the approved form; and

 (b) include the information required by the form.

Note: Under this instrument, a person may be able to apply for an exemption from the requirement:

(a) to give returns for quarters in a financial year; or

(b) to give returns for quarters in a calendar year; or

(c) to give returns for calendar months in a financial year; or

(d) to give returns for calendar months in a calendar year.

 (2) The Secretary must, before the end of the period of 30 days beginning on the day the Secretary receives the application, grant, or refuse to grant, the exemption.

 (3) If the Secretary does not make a decision before the end of that 30‑day period, the Secretary is taken to have made a decision to refuse to grant the exemption.

Continuation of exemption

 (4) If the person is exempt from giving returns under this instrument, in relation to a product, for usual return periods in a financial year or calendar year and gives a return for that year in accordance with this instrument, the exemption is taken to also apply for the next financial year or calendar year, as the case may be.

Revocation of exemption

 (5) However, the Secretary may, in writing, revoke that exemption before the end of the first usual return period in that next financial year or calendar year in which levy or charge is imposed on that product where the person is liable to pay the levy or charge or an equivalent amount.

 (6) In making a decision on an application for an exemption, or a decision under subsection (5) to revoke an exemption, in relation to a product and a financial year or calendar year, the Secretary must have regard to the following for levy or charge imposed on the product:

 (a) the total amount of levy or charge, or the total equivalent amount, the person is likely to be liable to pay for the financial year or calendar year;

 (b) the total amount of levy or charge, or the total equivalent amount, that was payable by the person for the previous financial year or calendar year, as the case may be.

 (7) Subsection (6) does not limit the matters to which the Secretary may have regard.

Notice of decisions

 (8) The Secretary must give the applicant for an exemption:

 (a) notice of the Secretary’s decision under subsection (2); and

 (b) if that decision is a refusal to grant the exemption—notice of the reasons for the refusal.

 (9) The Secretary must give the holder of an exemption:

 (a) notice of the Secretary’s decision under subsection (5) to revoke the exemption; and

 (b) notice of the reasons for the revocation.

 (10) For the purposes of paragraph 48(1)(f) of the Act, the following decisions are prescribed:

 (a) a decision under subsection (2) or (3) of this section to refuse to grant an exemption;

 (b) a decision under subsection (5) of this section to revoke an exemption.

 (11) For the purposes of paragraph 48(3)(b) of the Act:

 (a) for a decision under subsection (2) of this section to refuse to grant an exemption or a decision under subsection (5) of this section to revoke an exemption—the prescribed period is the period of 28 days beginning on the day on which the person was notified of the decision; or

 (b) for a decision under subsection (3) of this section to refuse to grant an exemption—the prescribed period is the period of 28 days beginning on the day after the end of the 30‑day period referred to in that subsection.