Tourist Refund Scheme Change

[SunnyinDubai]

There is a limit you can bring in duty free so you need to make sure that you are within your limit in terms of ehat you claim the refund for. From memory adults have a duty free concession of $900 per adult so you should limit your purchases to that amount of just over or if there are more than two of you travelling, the total combined amount of the allowance. Does this make sense?

 

I did hear that you can go over this duty free allowance without being hit by the tax and other customs charges provided the tax and charges are to be collected less than $50 but you must declare that you are over the limit. :)

[MicCanberra]

There is a limit you can bring in duty free so you need to make sure that you are within your limit in terms of ehat you claim the refund for. From memory adults have a duty free concession of $900 per adult so you should limit your purchases to that amount of just over or if there are more than two of you travelling, the total combined amount of the allowance. Does this make sense?

 

I did hear that you can go over this duty free allowance without being hit by the tax and other customs charges provided the tax and charges are to be collected less than $50 but you must declare that you are over the limit. :)

I believe you are correct. It is always better to declare than to try and plead ignorance, so depending on which country you go to people should always check the duty free limits for that country as well as the return to Australia.:D

[Xcitdcruiser]

Based on the above, I'm not sure this is in effect.

 

It actually says this amendmend has ceased, as it was repealed two days later. It appears this is done automatically so I'm not sure if that's due to the administrative process, or because it needed (or still needs) other approval.

 

That would possibly explain why it hasn't been in the press, or on the customs site.

 

 

....so... 30 days or 60 days .... this is the big question....

[aussiedisneyfan]

Here is the updated regulation on our system, which is the official ATO Legal Database. Once you have opened the link, if you click on the little "view history note" option it will show you what was done and when it was enforced.

Regulation 168-5.05 for the tax invoice change

Regulation 168-5.09 for the number of days change.

 

My husband is the legal guru regarding all the legislation sites and he hasn't given me a decent explanation yet as to why the comlaw website shows an almost immediate repeal of the amending regulation. He does say it is incorrect. I have asked for him to chase it up today and hopefully I can give an answer tonight.

[MicCanberra]

Here is the updated regulation on our system, which is the official ATO Legal Database. Once you have opened the link, if you click on the little "view history note" option it will show you what was done and when it was enforced.

Regulation 168-5.05 for the tax invoice change

Regulation 168-5.09 for the number of days change.

 

My husband is the legal guru regarding all the legislation sites and he hasn't given me a decent explanation yet as to why the comlaw website shows an almost immediate repeal of the amending regulation. He does say it is incorrect. I have asked for him to chase it up today and hopefully I can give an answer tonight.

We look forward to your husband's ruling on this matter.:D

[Happy Cruizer]

Here is the updated regulation on our system, which is the official ATO Legal Database. Once you have opened the link, if you click on the little "view history note" option it will show you what was done and when it was enforced.

Regulation 168-5.05 for the tax invoice change

Regulation 168-5.09 for the number of days change.

 

My husband is the legal guru regarding all the legislation sites and he hasn't given me a decent explanation yet as to why the comlaw website shows an almost immediate repeal of the amending regulation. He does say it is incorrect. I have asked for him to chase it up today and hopefully I can give an answer tonight.

 

Thanks, look fwd to the update!

[aussiedisneyfan]

I should start out by saying that neither myself or husband are actually lawyers, we work on the ATO's legal database and my husband it the manager of the site (address complaints to him). Now you all know what I do!

 

I hope I can explain clearly what the go is ith regards to confusion of Comlaw saying that the change is already repealed, I understand it in my head but putting it into words, hee hee.

 

The statement on Comlaw in the box on the top right that it is repealed is correct in the sense that the amending legislation is repealed. However the actual amendments made to the original document are still in force. That statement is because the consolidation of the original document is the official version and so they "clean up" by repealing any amending documents that have already had their changes implemented. The relevant parts are:

 

48A(1) This section repeals a legislative instrument that is made on or after the commencement of this section and whose only legal effect is to amend or repeal one or more other legislative instruments (without making any application, saving or transitional provisions relating to the amendment or repeal).

...

48A(3) The repeal of the instrument by this section does not affect any amendment or repeal made by the instrument...

 

So I am saying that it has changed and is in force. My word won't help you if the people at the terminal say no. It is up to you decide if you are going to listen to me or not. :o I am not trying to be smart or narky, just unsure if I have explained it well enough or not.

 

Hopefully the Comlaw website will have the updated version of the GST regulations available soon and then you could simply print out the revised document.

[LouLou28]

Thanks for all the info ADF. I'm hoping to hold out till the 30 days clicks over 14 to go .... As long as my current laptop can wait too before dying!

 

Appreciate all your research!

[The_Big_M]

The statement on Comlaw in the box on the top right that it is repealed is correct in the sense that the amending legislation is repealed. However the actual amendments made to the original document are still in force. That statement is because the consolidation of the original document is the official version and so they "clean up" by repealing any amending documents that have already had their changes implemented. The relevant parts are:

 

 

 

I was thinking about that as a possibility yesterday, but when I searched through other similar amendments I found some that still showed as current.

 

So I couldn't really work it out; it could well be that they were different in some little way and as I'm no commlaw expert thought I would just put it out there. Thanks for the explanation. I expect you're right and it's just a weird quirk in how legislation is enacted.

[MicCanberra]

I should start out by saying that neither myself or husband are actually lawyers, we work on the ATO's legal database and my husband it the manager of the site (address complaints to him). Now you all know what I do!

 

I hope I can explain clearly what the go is ith regards to confusion of Comlaw saying that the change is already repealed, I understand it in my head but putting it into words, hee hee.

 

The statement on Comlaw in the box on the top right that it is repealed is correct in the sense that the amending legislation is repealed. However the actual amendments made to the original document are still in force. That statement is because the consolidation of the original document is the official version and so they "clean up" by repealing any amending documents that have already had their changes implemented. The relevant parts are:

 

 

 

So I am saying that it has changed and is in force. My word won't help you if the people at the terminal say no. It is up to you decide if you are going to listen to me or not. :o I am not trying to be smart or narky, just unsure if I have explained it well enough or not.

 

Hopefully the Comlaw website will have the updated version of the GST regulations available soon and then you could simply print out the revised document.

Thanks, it has cleared it up in my mind, and I am not a lawyer either just another PS.:D

[LouLou28]

I emailed Customs to see what their take was ... Given that's who we have to deal with when we leave the country. Here's their response

 

Dear Linda

 

Thank you for your email.

 

There has been no such change implemented so far. Our website will be updated as soon as any new changes come into effect. Please check the website http://www.customsgov.au.

 

 

 

 

Sincerely

 

Rupinder K | Senior Customs Officer | Customs Information and Support Centre Cargo & Trade Services Branch | Cargo & Trade Division| Australian Customs & Border Protection Service | website:http://www.customs.gov.au| E :Information@customs.gov.au | F: 02 8339 6713 | P: 1300 363 263

 

Still could just be in the process of being implemented.

[MicCanberra]

I emailed Customs to see what their take was ... Given that's who we have to deal with when we leave the country. Here's their response

 

Dear Linda

 

Thank you for your email.

 

There has been no such change implemented so far. Our website will be updated as soon as any new changes come into effect. Please check the website www.customsgov.au.

 

 

Sincerely

 

Rupinder K | Senior Customs Officer | Customs Information and Support Centre Cargo & Trade Services Branch | Cargo & Trade Division| Australian Customs & Border Protection Service | website:www.customs.gov.au| E :Information@customs.gov.au | F: 02 8339 6713 | P: 1300 363 263

 

Still could just be in the process of being implemented.

Interesting, it is most likely case:D

[Happy Cruizer]

I emailed Customs to see what their take was ... Given that's who we have to deal with when we leave the country...

Still could just be in the process of being implemented.

 

And it takes a little while ... Take a copy of the amended ruling to avoid that argument of who's right or wrong. ;)

[6andy6]

Be interesting to see if that means 'any' receipt from 'any' store within the same chain e.g. Buy something at the Apple store in Southland and get receipt A then buy something at Apple Doncaster and get receipt B then combine the two.

 

Or does the receipt also have to be from the same store.

 

Wonder if it also includes clothing...have to check it out. Bought a new suit recently (and taking it with me).

[Pushka]

Be

 

Wonder if it also includes clothing...have to check it out. Bought a new suit recently (and taking it with me).

 

You'll have to wear it then as they have to see the goods.

[aussiedisneyfan]

We have claimed my husband's suit before. Just carried the suit bag with us. Also once claimed our suitcase and a couple of bras. I offered to show then but they said it was ok. Lol.

[SunnyinDubai]

Be interesting to see if that means 'any' receipt from 'any' store within the same chain e.g. Buy something at the Apple store in Southland and get receipt A then buy something at Apple Doncaster and get receipt B then combine the two.

 

Or does the receipt also have to be from the same store.

 

Wonder if it also includes clothing...have to check it out. Bought a new suit recently (and taking it with me).

 

It would be unlikely that you can buy from 2 different Apple stores and combine the receipts as the ABNs would be different. You would need to buy from the same store but it just gives you the flexibility to buy over a period of 60 days rather than in the one time within 30 days. At the end of the day, it is meant to be a tourist refund scheme so I would think the changes to the legislation are meant to allow them to shop at different times and then combine receipts. It is about time they allowed this as most other countries which have a GST/VAT system in place allow multiple receipts from the one store to be combined together. The positive of the system in Australia is that presently they are not charging an admin fee for the refund process which is something a lot of other countries do...then again, I would not be surprised if that is in the pipeline..LOL

 

And no I am not working for the ATO....but I am a lawyer and I used to work with tax legislation :D

[Happy Cruizer]

Be interesting to see if that means 'any' receipt from 'any' store within the same chain e.g. Buy something at the Apple store in Southland and get receipt A then buy something at Apple Doncaster and get receipt B then combine the two.

 

Or does the receipt also have to be from the same store.

 

Wonder if it also includes clothing...have to check it out. Bought a new suit recently (and taking it with me).

 

"To claim a refund you must:

• Spend $300 (GST inclusive) or more in the one store and get a single tax invoice.
  
• [Have purchased the goods no more than 30 days before your departure from Australia.]
  
• Wear or carry the goods on board the aircraft or ship and present them along with your original tax invoice, passport and international boarding pass to a Customs and Border Protection Officer at a TRS facility."
  

All we need now is clarification whether it is 30 or 60 days before departure.:confused:

[Happy Cruizer]

We have claimed my husband's suit before. Just carried the suit bag with us. Also once claimed our suitcase and a couple of bras. I offered to show then but they said it was ok. Lol.

 

Thanks! Good to be aware of what we can claim for!:cool:

[Happy Cruizer]

There is a limit you can bring in duty free so you need to make sure that you are within your limit in terms of ehat you claim the refund for. From memory adults have a duty free concession of $900 per adult so you should limit your purchases to that amount of just over or if there are more than two of you travelling, the total combined amount of the allowance. Does this make sense?

 

I did hear that you can go over this duty free allowance without being hit by the tax and other customs charges provided the tax and charges are to be collected less than $50 but you must declare that you are over the limit. :)

 

Just so that others know, I came back with 5 bottles of wine from the Napa Valley (didn't cost much) but I did declare them on the way in and because the gst wasn't a lot, the guy waved me through, no charge. As long as you declare, depends on on who's on duty.;)

[Pushka]

We have claimed my husband's suit before. Just carried the suit bag with us. Also once claimed our suitcase and a couple of bras. I offered to show then but they said it was ok. Lol.

 

Yes, I wasn't being literal when I said they'd near to wear it, just that the goods need to be available for sighting, and not packed in luggage. ;)

[MicCanberra]

Yes, I wasn't being literal when I said they'd near to wear it, just that the goods need to be available for sighting, and not packed in luggage. ;)

Too funny, :D I can imagine all sorts of things being worn in through customs.:D

[6andy6]

It would be unlikely that you can buy from 2 different Apple stores and combine the receipts as the ABNs would be different. You would need to buy from the same store but it just gives you the flexibility to buy over a period of 60 days rather than in the one time within 30 days. :D

 

Actually most companies would share the ABN number (for example the Commonwealth Bank does not have an different ABN number for its 600 odd branches). The same goes with Apple (or Myer or...) - I bought a few things and the same ABN number is common across all Apple stores.

 

I think the issue is (and one many seem to have missed) this clause which appears on the ComLaw website showing the amendment legislation and maybe why it hasn't been changed on the Customs website;

 

" The Regulation applies to acquisitions made 60 days or more after the day the Regulation is registered on the Federal Register of Legislative Instruments "

Would I be correct to say although the amendments are law, they do not come into effect until 60 days AFTER the amendment is registered.

 

Therefore meaning that the new changes, while approved, people cannot claim purchases on multiply invoices made within 60 days until after April 2013 (2 months from February 2013). So for all us searching for receipts and travelling in the next month can still are bound by the old rules and can not claim more than one receipt (which is a bummer for me).

[aussiedisneyfan]

I think the issue is (and one many seem to have missed) this clause which appears on the ComLaw website showing the amendment legislation and maybe why it hasn't been changed on the Customs website;

 

You are right!! I am really sorry everyone that I have given incorrect information. Can I blame hubby? He was supposed to be the website expert. Sorry, sorry...

 

So I guess those transitional arrangements of starting in 60 days is so that Customs has a chance to update their website and also probably their computer claim systems.

 

Again, I am sorry. Good news to those travelling once they are in force.

[Pushka]

Don't beat yourself up aussiedisneyfan. Once lawyers get their hands on "words" you need another lawyer to untangle them. They don't use the "keep it simple" rule.