Commonwealth Consolidated Acts

A NEW TAX SYSTEM (WINE EQUALISATION TAX) ACT 1999 - SECT 7.25

             (1)  A * local entry of wine is not taxable if:

                     (a)  the wine was exported from Australia and is returned to Australia, without having been subject to any treatment, industrial processing, alteration or any other process since its export; and

                     (b)  the importer was not entitled to, and did not claim, a payment under Division 25 (about the tourist refund scheme) related to the export of the wine; and

                     (c)  the importer:

                              (i)  is the manufacturer of the wine; or

                             (ii)  has previously acquired the wine, and the supply by means of which the importer acquired the wine was a * taxable dealing; or

                            (iii)  has previously imported the goods, and the previous importation was a * taxable dealing.

             (2)  A * local entry of wine is not taxable if:

                     (a)  the importer had manufactured, acquired or imported the wine before 1 July 2000; and

                     (b)  the wine was exported from Australia before, on or after 1 July 2000; and

                     (c)  the wine is returned to Australia on or after 1 July 2000, without having been subject to any treatment, industrial processing, alteration or any other process since its export; and

                     (d)  the importer was not entitled to, and did not claim, a payment under Division 25 (about the tourist refund scheme) related to the export of the wine; and

                     (e)  the ownership of the wine when it is returned to Australia is the same as its ownership on 1 July 2000.

Note:          An importation covered by this section may also be duty‑free under item 17 of Schedule 4 to the Customs Tariff Act 1995 .