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Goods and Services Tax (2007 Budget Amendment) Act 2006

PAPUA NEW GUINEA

GOODS AND SERVICES TAX (2007 BUDGET AMENDMENT) ACT 2006

No. 27 of 2006

Goods and Services Tax (2007 Budget Amendment) Act 2006.

Certified on: 03. 10. 07

Goods and Services Tax (2007 Budget Amendment) Act 2006.

ARRANGEMENT OF SECTIONS.

1. Interpretation (Amendment of Section 2).
2. Other zero rated goods (Amendment of Section 21).

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No. of 2006.

AN ACT

entitled

Goods and Services Tax (2007 Budget Amendment) Act 2006,

Being an Act to amend the Goods and Services Tax Act 2003,

MADE by the National Parliament to come into operation –

(a) in respect of Section 1 of the new Paragraph (c) Sub-paragraph(i) as added on by Section 2(a) of this Act — to be deemed to have come into operation on 10 August 2006; and

(b) in respect of the remainder of this Act - on 1 January 2007.

1. INTERPRETATION (AMENDMENT OF SECTION 2).

Section 2 of the Principal Act is amended by inserting the following new definition, immediately following the definition "fine metal.":-

"foreign aid provider" means a foreign aid provider as prescribed and includes a trustee of a trust controlled by the prescribed foreign aid provider for the purpose of administering the aid assistance to the extent that trustee is acting on behalf of the foreign aid provider;".

2. OTHER ZERO RATED GOODS (AMENDMENT OF SECTION 21).

Section 21 of the Principal Act is amended in Subsection (1) -

(a) by repealing Paragraph (c) and replacing it with the following:-

"(c) the supply is the supply of goods and services to –

(i) a prescribed foreign aid provider; or

(ii) a trustee of a trust created by the prescribed foreign aid provided for the purpose of administering aid assistance (except where the trustee is a government department or public authority) insofar as the supply is funded by the prescribed foreign aid provider"; and

(b) by repealing Paragraph (f) and replacing it with the following:-

"(f) the supply is the supply of petroleum, other than processed petroleum, sourced from a field within Papua New Guinea; or"; and

(c) by adding the following new paragraphs:-

"(g) the supply is the supply of travel by sea or air in Papua New Guinea, but only if -

(i) the supply is to an intending passenger; and

(ii) the supply was purchased while the intending passenger was outside Papua New Guinea; or

"(h) the supply is the supply of temporary accommodation in Papua New Guinea but only if –

(i) the supply is to the person to be temporarily accommodated; and

(ii) the supply was purchased while the person to be temporarily accommodated was outside Papua New Guinea; or

"(i) the supply is a supply before the commencement of commercial production by way of the importation or purchase of any services, plant, machinery, equipment, temporary buildings and structures, vehicles, explosives, fuels, reagents, supplies, materials or other assets which are imported into Papua New Guinea, by or on behalf of the joint ventures or any of them, or by the manager or any contractor solely for the purpose of the project, where, for the purposes of this paragraph –

(i) "Mining Development Contract – Ramu Nickel Project" means the Mining Development Contract – Ramu Nickel Project that was signed on 26 July 2000 by the Independent State of Papua New Guinea, Ramu Nickel Limited and Orogen Minerals (Ramu) Limited as amended by the Mining Development Contract Amendment Agreement Ramu Nickel Project that was signed on 10 August 2006 by the Independent State of Papua New Guinea, MCC Ramu NiCo Ltd, Ramu Nickel Limited, Mineral Resources Ramu Limited and Mineral Resources Madang Limited; and

(ii) the expressions "commencement of commercial production", "joint venturers", "manager" and "contractor' each have the same meanings respectively as in the Mining Development Contract - Ramu Nickel Project ".

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I hereby certify that the above is a fair print of the Goods and Services Tax (2007 Budget Amendment) Act 2006 which has been made by the National Parliament.

Clerk of the National Parliament.

I hereby certify that the Goods and Services Tax (2007 Budget Amendment) Act 2006 was made by the National Parliament on 28 November 2006.

Speaker of the National Parliament.