Home | Databases | WorldLII | Search | Feedback Papua New Guinea Sessional Legislation

  Download original PDF

Goods and Services Tax (Papua LNG Project) (Amendment) Act 2019

No. 7 of 2019.

Goods and Services Tax (Papua LNG Project)(Amendment) Act 2019.

Certified on : 23/12/2019

ARRANGEMENT OF SECTIONS.

1. Interpretation (Amendment of Section 2).
“Papua LNG Gas Agreement”
“Papua LNG Project Company”
“Papua LNG Project Entity”
“Papua LNG Project Operations Delegate”
“Papua LNG Project Participant”
“Papua LNG Project Petroleum”

2. New Section 12A.

“12A. PAPUA LNG PROJECT TRANSACTIONS.”.

3. Zero rating of exported goods (Amendment of Section 19).
4. Other zero rated goods (Amendment of Section 21).

No. 7 of 2019.

AN ACT

entitled,

Goods and Services Tax (Papua LNG Project)(Amendment) Act 2019,

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

MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.

1. INTERPRETATION (AMENDMENT OF SECTION 2).

Section 2(1) of the Principal Act is amended by -

(a) inserting the following new definitions:

• ““Papua LNG Gas Agreement” has the meaning given to it in the Income Tax Act 1959;
• “Papua LNG Project Company” has the meaning given to it in the Income Tax Act 1959;
• “Papua LNG Project Entity” has the meaning given to Project Entity in the Papua LNG Gas Agreement;
• “Papua LNG Project Operations Delegate” has the meaning given to Operations Delegate in the Papua LNG Gas Agreement;”; and
• “Papua LNG Project Participant” has the meaning given to it in the Income Tax Act 1959;
• “Papua LNG Project Petroleum” has the meaning given to it in the Income Tax Act 1959;

(b) amending the definition of “resource company” by adding at the end of Paragraph (a) the words “, and includes any person (who need not be a licensee) to which such operator has delegated under a written agreement the conduct of all or any of the operations conducted in relation to the licence in respect of which it is the operator.”.

2. NEW SECTION 12A.

The Principal Act is amended by inserting after Section 12 the following new section:

“12A. PAPUA LNG PROJECT TRANSACTIONS.
(1) Any supply of goods or services by a Papua LNG Project Participant to the Papua LNG Project Company, or by the Papua LNG Project Company to a Papua LNG Project Participant, shall be disregarded for the purposes of determining the liability to output tax of the relevant person or persons making the supply.
(2) Nothing in Subsection (1) affects the entitlement of the person making the supply to a deduction for input tax under Section 31.”.

3. ZERO RATING OF EXPORTED GOODS (AMENDMENT OF SECTION 19).

Section 19(1) of the Principal Act is amended by inserting after Paragraph (i) the following new paragraph:

“(j) the goods supplied are Papua LNG Project Petroleum and that Papua LNG Project Petroleum is exported by any person whether under that supply or another supply or otherwise.”.

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

Section 21(1) of the Principal Act is amended by inserting after Paragraph (j) the following new paragraph:

“(k) the supply is the supply of goods or services, other than cars, to a resource company that is a Papua LNG Project Entity or a Papua LNG Project Operations Delegate for use solely in carrying on its resource operations.”.

I hereby certify that the above is a fair print of the Goods and Services Tax (Papua LNG Project)(Amendment) Act 2019, which has been made by the National Parliament.

Acting Clerk of the National Parliament.

I hereby certify that the Goods and Services Tax (Papua LNG Project)(Amendment) Act 2019, was made by the National Parliament on 16 October 2019.

Acting Speaker of the National Parliament.