A New Tax System (Luxury Car Tax) Act 1999 (Cth)

A New Tax System (Luxury Car Tax) Act 1999 No. 76, 1999 Compilation No. 26 Compilation date: 1 January 2022 Includes amendments up to: Act No. 127, 2021 Registered: 19 January 2022 About this compilation This compilation This is a compilation of the A New Tax System (Luxury Car Tax) Act 1999 that shows the text of the law as amended and in force on 1 January 2022 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary Division 1—Preliminary 1‑1.................................Short title 1‑2.............................Commencement 1‑3.....States and Territories are bound by the luxury car tax law Division 2—Overview of the luxury car tax legislation 2‑1..........................What this Act is about 2‑5...........................Luxury car tax (Part 2) 2‑10....................Paying the luxury car tax (Part 3) 2‑15..........................Miscellaneous (Part 4) 2‑20....................Interpretative provisions (Part 5) 2‑25....Administration, collection and recovery provisions in the Taxation Administration Act 1953 Division 3—Identifying defined terms 3‑1...................When defined terms are identified 3‑5.............................When terms are not identified 3‑10.............Identifying the defined term in a definition Division 4—Non‑operative material 4‑1....................................Non‑operative material 4‑5...........................Explanatory sections 4‑10..............................Other material Part 2—Luxury car tax Division 5—Taxable supplies of luxury cars 5‑1.......................What this Division is about 5‑5.......................Liability for luxury car tax 5‑10....................Taxable supplies of luxury cars 5‑15................The amount of luxury car tax payable 5‑20....................................The luxury car tax value of a car Division 7—Taxable importations of luxury cars 7‑1.......................What this Division is about 7‑5.........Liability for luxury car tax on taxable importations 7‑10.................Taxable importations of luxury cars 7‑15.....................The amount of luxury car tax 7‑20...............................Meaning of non‑taxable re‑importation Division 9—Quoting 9‑1.......................What this Division is about 9‑5..................................Quoting 9‑10............................Periodic quoting 9‑15................Manner in which quote must be made 9‑20....Incorrect quote nevertheless effective for certain purposes 9‑25Quote not effective for certain purposes if there are grounds for believing it was improperly made 9‑30....................Improper quoting is an offence Part 3—Paying the luxury car tax Division 13—Paying the luxury car tax 13‑1......................What this Division is about Subdivision 13‑A—Net amounts and adjustments 13‑5.......Net amounts increased by amounts of luxury car tax 13‑10..............................Adjustments 13‑15Attribution rules for taxable supplies of luxury cars and luxury car tax adjustments Subdivision 13‑B—Paying assessed luxury car tax on taxable importations of luxury cars 13‑20Paying assessed luxury car tax on taxable importations of luxury cars 13‑25...........Security or undertaking given under section 162 or 162A of the Customs Act 13‑30.......................Application of Division 165 of the GST Act Division 15—Adjustments 15‑1......................What this Division is about Subdivision 15‑A—General adjustments 15‑5...................Luxury car tax adjustment event 15‑10............Where adjustments for luxury car tax arise 15‑15...........Previously attributed luxury car tax amounts 15‑20................Increasing adjustments for supplies 15‑25................Decreasing adjustments for supplies Subdivision 15‑B—Change of use adjustments 15‑30.............Changes of use—supplies of luxury cars 15‑35..............Changes of use—importing luxury cars Subdivision 15‑C—Bad debts adjustments 15‑40.........................Writing off bad debts 15‑45............Recovering amounts previously written off Division 16—GST groups and GST joint ventures 16‑1......................What this Division is about Subdivision 16‑A—Members of GST groups 16‑5....................Who is liable for luxury car tax 16‑10.....................Luxury car tax adjustments Subdivision 16‑B—Participants in GST joint ventures 16‑15...................Who is liable for luxury car tax 16‑20.....................Luxury car tax adjustments 16‑25.....Additional net amounts relating to GST joint ventures Division 17—Credits 17‑1......................What this Division is about 17‑5..........................Credits for tax borne 17‑10............................Claiming credits 17‑15....................Excess credits must be repaid Division 18—Refunds 18‑1......................What this Division is about 18‑5.............Refunds for tax borne—primary producers 18‑10............Refunds for tax borne—tourism operators 18‑15...........................Claiming refunds 18‑20..........................Payment of refunds Part 4—Miscellaneous Division 21—Miscellaneous 21‑1........Commonwealth etc. not liable to pay luxury car tax 21‑5..........Cancellation of exemptions from luxury car tax 21‑10Agreement with Commissioner regarding calculation of luxury car tax values 21‑15..........................Application of the Criminal Code 21‑20..............................Regulations Part 5—Rules for interpreting this Act Division 23—What forms part of this Act 23‑1......................What forms part of this Act 23‑5.................What does not form part of this Act 23‑10..Explanatory sections, and their role in interpreting this Act Division 25—Luxury cars 25‑1...............................Meaning of luxury car Division 27—The Dictionary 27‑1................................Dictionary Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act about a luxury car tax to implement A New Tax System, and for related purposes Part 1—Preliminary Division 1—Preliminary 1‑1 Short title This Act may be cited as the A New Tax System (Luxury Car Tax) Act 1999. 1‑2 Commencement This Act commences on 1 July 2000. 1‑3 States and Territories are bound by the luxury car tax law The *luxury car tax law binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not make the Crown liable to be prosecuted for an offence. Division 2—Overview of the luxury car tax legislation 2‑1 What this Act is about This Act is about the luxury car tax. It is a single stage tax that is imposed on supplies and importations of luxury cars and is in addition to any GST that may be payable. The tax is only calculated on the value of the car that exceeds the luxury car tax threshold. Note: The luxury car tax is imposed by 3 Acts: (a) the A New Tax System (Luxury Car Tax Imposition—General) Act 1999; and (b) the A New Tax System (Luxury Car Tax Imposition—Customs) Act 1999; and (c) the A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999. 2‑5 Luxury car tax (Part 2) (1) Part 2 sets out the rules that establish liability for the luxury car tax. The tax applies to both supplies and importations of luxury cars. (Divisions 5 and 7) (2) There is a system of quoting which is designed to prevent the tax becoming payable until the car is sold or imported at the retail level. (Division 9) 2‑10 Paying the luxury car tax (Part 3) (1) Amounts of luxury car tax are included in net amounts under the GST system. This has the effect of incorporating the luxury car tax into the payments and refunds system for the GST. However, assessed luxury car tax on importations is paid with customs duty (where appropriate). (Division 13) (2) Adjustments to the net amount can arise out of circumstances that occur after the supply or importation of the car. (Division 15) (3) Credits can arise for people who are not entitled to an adjustment but who, for example, have paid too much tax. (Division 17) (4) Refunds can arise for primary producers and tourism operators in certain circumstances. (Division 18). 2‑15 Miscellaneous (Part 4) Part 4 deals with miscellaneous matters. 2‑20 Interpretative provisions (Part 5) Part 5 contains the Dictionary, which sets out a list of all the terms that are defined in this Act. It also sets out the meanings of some important concepts and rules on how to interpret this Act. 2‑25 Administration, collection and recovery provisions in the Taxation Administration Act 1953 Parts 3‑10, 4‑1 and 4‑15 in Schedule 1 to the Taxation Administration Act 1953 contain provisions relating to the administration of the luxury car tax, and to the collection and recovery of amounts of luxury car tax. Division 3—Identifying defined terms 3‑1 When defined terms are identified (1) Many of the terms used in this Act are defined. (2) Most defined terms in this Act are identified by an asterisk appearing at the start of the term: as in "*luxury car". The footnote that goes with the asterisk contains a signpost to the Dictionary definitions in section 27‑1. 3‑5 When terms are not identified (1) Once a defined term has been identified by an asterisk, later occurrences of the term in the same subsection are not usually asterisked. (2) Terms are not asterisked in the non‑operative material contained in this Act. Note: The non‑operative material is described in Division 4. (3) The following basic terms used throughout the Act are not identified with an asterisk. Common definitions that are not asterisked Item This term: 1 indirect tax zone 2 luxury car tax 3 supply 4 you 3‑10 Identifying the defined term in a definition Within a definition, the defined term is identified by bold italics. Division 4—Non‑operative material 4‑1 Non‑operative material In addition to the operative provisions themselves, this Act contains other material to help you identify accurately and quickly the provisions that are relevant to you and to help you understand them. This other material falls into 2 main categories. 4‑5 Explanatory sections One category is the explanatory section in many Divisions. Under the section heading "What this Division is about", a short explanation of the Division appears in boxed text. Explanatory sections form part of this Act but are not operative provisions. In interpreting an operative provision, explanatory sections may only be considered for limited purposes. They are set out in section 23‑10. 4‑10 Other material The other category consists of material such as notes and examples. These also form part of the Act. They are distinguished by type size from the operative provisions (except for formulas), but are not kept separate from them. Part 2—Luxury car tax Division 5—Taxable supplies of luxury cars 5‑1 What this Division is about Luxury car tax is payable on taxable supplies of luxury cars. This Division defines taxable supplies of luxury cars, states who is liable for the luxury car tax, and describes how to work out the amount of luxury car tax on those supplies. 5‑5 Liability for luxury car tax You must pay the luxury car tax payable on any *taxable supply of a luxury car that you make. 5‑10 Taxable supplies of luxury cars (1) You make a taxable supply of a luxury car if: (a) you supply a *luxury car; and (b) the supply is made in the course or furtherance of an *enterprise that you *carry on; and (c) the supply is *connected with the indirect tax zone; and (d) you are *registered, or *required to be registered. (2) However, you do not make a taxable supply of a luxury car if: (a) the *recipient *quotes for the supply of the car; or (b) the car is *more than 2 years old; or (c) you export the car in circumstances where the export is *GST‑free under Subdivision 38‑E of the *GST Act. (3) A *car is more than 2 years old at the time of a supply if: (a) for a car that has not been *imported—the car was manufactured more than 2 years before the time of the supply; or (b) the car was *entered for home consumption more than 2 years before the time of the supply. 5‑15 The amount of luxury car tax payable (1) The amount of luxury car tax payable on a *taxable supply of a luxury car is as follows: where: rate is the rate applicable under: (a) the A New Tax System (Luxury Car Tax Imposition—General) Act 1999; or (b) the A New Tax System (Luxury Car Tax Imposition—Customs) Act 1999; or (c) the A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999. (2) However, if luxury car tax has already become payable in respect of the car, the amount of luxury car tax payable on a *taxable supply of a luxury car is: (a) the amount of luxury car tax on the supply (worked out in accordance with subsection (1)); minus (b) the sum of all luxury car tax that was payable in respect of any previous *importation or supply of the car. The amount of luxury car tax payable on a taxable supply of a luxury car is zero if the amount in paragraph (a) is less than the amount in paragraph (b). (3) In determining the luxury car tax that was payable in respect of any previous *importation or supply of a *car for the purposes of paragraph (2)(b), take into account *luxury car tax adjustments (if any) other than luxury car tax adjustments made under Subdivision 15‑C (bad debts adjustments). 5‑20 The luxury car tax value of a car (1) In relation to the supply of a *car, the luxury car tax value is the *price of the car excluding: (a) any luxury car tax for that supply; and (b) any other *Australian tax or *Australian fee or charge, other than *GST and *customs duty; payable on the supply. (1A) If the supply of the *car is *GST‑free (to an extent) because of Subdivision 38‑P of the *GST Act, the *luxury car tax value of the car includes an amount equal to the amount of *GST that was not payable because of Subdivision 38‑P. Supply of car to associate etc. (2) If: (a) the supply of the *car is to an *associate of the supplier, or an employee or *officer of either the supplier or an associate of the supplier; and (b) there is no *consideration for the supply or the consideration is less than the *GST inclusive market value of the car; the *luxury car tax value of the car is the GST inclusive market value of the car excluding any luxury car tax payable on the supply. Additional supplies and modifications for cars (3) The *luxury car tax value of a *car includes the *price of all supplies in relation to the car that are made to, or are paid for by, the *recipient of the car, or an *associate of the recipient and that are: (a) made before the *end supply of the car; or (b) made under an arrangement made with the supplier of the car, or with an associate of the supplier, at or before the time of the end supply. (4) If a supply in relation to the *car is made by an *associate of the *recipient of the car and there is no *consideration for the supply or the consideration is less than the *GST inclusive market value of the car, the *price of the supply is the GST inclusive market value of the supply. Modifications for disabled people (5) The *luxury car tax value of a *car does not include the *price of modifications made to the car solely for the purpose of: (a) adapting it for driving by a *disabled person; or (b) adapting it for transporting a disabled person. Supply of car by lease or hire (6) The *luxury car tax value of a *car that is supplied by way of lease or hire is the *GST inclusive market value of the car excluding: (a) any luxury car tax payable on the supply; and (b) any other *Australian tax or *Australian fee or charge, other than *GST and *customs duty; and (c) the *price of any modifications referred to in subsection (5). Division 7—Taxable importations of luxury cars 7‑1 What this Division is about Luxury car tax is payable on taxable importations of luxury cars. This Division defines taxable importations of luxury cars, states who is liable for the luxury car tax and describes how to work out the amount of luxury car tax on those importations. 7‑5 Liability for luxury car tax on taxable importations You must pay the luxury car tax payable on any *taxable importation of a luxury car that you make. 7‑10 Taxable importations of luxury cars (1) You make a taxable importation of a luxury car if: (a) the *luxury car is *imported; and (b) you *enter the car for home consumption. Note: There is no registration requirement for taxable importations, and the importer need not be carrying on an enterprise. (2) The *importation of the car includes any *car parts, accessories or attachments that you import at the same time as the car and that could reasonably be expected to be fitted to the car. (3) However, you do not make a taxable importation of a luxury car if: (a) you *quote for the *importation of the *car; or (b) luxury car tax has already become payable in respect of the car; or (ba) you are *registered at the time of the importation, and the car: (i) is covered by item 7 in Schedule 4 to the *Customs Tariff; and (ii) is imported by the library, museum, gallery or institution to which it is consigned; and (iii) is imported for the sole purpose of public display; or (c) the car is covered by item 10, 11, 15, 18, 21 or 24 in Schedule 4 to the Customs Tariff; or (d) the importation of the car is a *non‑taxable re‑importation. (4) To avoid doubt, a reference to a car that is covered by an item in Schedule 4 to the Customs Tariff includes a reference to a car to which that item would apply apart from the operation of subsection 18(1) of the Customs Tariff Act 1995. 7‑15 The amount of luxury car tax (1) The amount of luxury car tax payable on a *taxable importation of a luxury car is as follows: where: luxury car tax value of the *car is the sum of: (a) the customs value (for the purposes of Division 2 of Part VIII of the Customs Act 1901) of the car and of any *car parts, accessories or attachments covered by subsection 7‑10(2); and (b) the amount paid or payable: (i) for the *international transport of the car and any car parts, accessories or attachments covered by subsection 7‑10(2) to their *place of consignment in the indirect tax zone; and (ii) to insure the car and any car parts, accessories or attachments covered by subsection 7‑10(2) for that transport; to the extent that the amount is not already included under paragraph (a); and (c) any *customs duty payable in respect of the *importation of the car and of any car parts, accessories or attachments covered by subsection 7‑10(2); and (d) any *GST payable in respect of the importation of the car and of any car parts, accessories or attachments covered by subsection 7‑10(2); and (e) if the *importation of the car is *GST‑free (to an extent) because of paragraph 13‑10(b) of the *GST Act in conjunction with Subdivision 38‑P of that Act—an amount equal to the amount of *GST that was not payable because of paragraph 13‑10(b) and Subdivision 38‑P. rate is the rate applicable under: (a) the A New Tax System (Luxury Car Tax Imposition—General) Act 1999; or (b) the A New Tax System (Luxury Car Tax Imposition—Customs) Act 1999; or (c) the A New Tax System (Luxury Car Tax Imposition—Excise) Act 1999. (2) The Commissioner may, in writing: (a) determine the way in which the amount paid or payable for a specified kind of transport or insurance is to be worked out for the purposes of paragraph (b) of the definition of luxury car tax value in subsection (1); and (b) in relation to importations of a specified kind or importations to which specified circumstances apply, determine that the amount paid or payable for a specified kind of transport or insurance is taken, for the purposes of that paragraph, to be zero. 7‑20 Meaning of non‑taxable re‑importation (1) An *importation of a *car is a non‑taxable re‑importation if: (a) the car was exported from the indirect tax zone and is returned to the indirect tax zone, without having been subject to any treatment, industrial processing, repair, renovation, alteration or any other process since its export; and (b) the importer: (i) is the manufacturer of the car; or (ii) has previously acquired the car, and the supply by means of which the importer acquired the goods was a *taxable supply of a luxury car; or (iii) has previously imported the car, and the previous importation was a *taxable importation of a luxury car. (1A) An *importation of a *car is a non‑taxable re‑importation if: (a) the car was exported from the indirect tax zone and is returned to the indirect tax zone; and (b) the car has been subject to any treatment, industrial processing, repair, renovation, alteration or any other process since its export; and (c) the ownership of the car has not changed in the period beginning immediately before the car was exported and ending at the time it is returned to the indirect tax zone. (2) An importation of a *car is a non‑taxable re‑importation if: (a) the importer had manufactured, acquired or imported the car before 1 July 2000; and (b) the car was exported from the indirect tax zone before, on or after 1 July 2000; and (c) the car is returned to the indirect tax zone on or after 1 July 2000, without having been subject to any treatment, industrial processing, repair, renovation, alteration or any other process since its export; and (d) the ownership of the car when it is returned to the indirect tax zone 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. Division 9—Quoting 9‑1 What this Division is about In certain circumstances you can quote for a supply or importation of a luxury car and not pay the luxury car tax. This is designed to avoid the luxury car tax becoming payable unless the car is sold or imported at the retail level. 9‑5 Quoting (1) You are entitled to *quote your *ABN in relation to a supply of a *luxury car or an *importation of a luxury car if, at the time of quoting, you have the intention of using the car for one of the following purposes, and for no other purpose: (a) holding the car as trading stock, other than holding it for hire or lease; or (b) *research and development for the manufacturer of the car; or (c) exporting the car in circumstances where the export is *GST‑free under Subdivision 38‑E of the*GST Act. (2) However, you are not entitled to *quote unless you are *registered. 9‑10 Periodic quoting (1) You may make a periodic quote under this section for supplies that you intend to receive from a supplier during the period covered by the periodic quote. The period must not exceed 12 months. (2) If you make a periodic quote on or before the first day of the period to which the quote relates, you are to be treated as having *quoted your *ABN for all supplies from the supplier during that period, other than supplies in respect of which you have notified the supplier in accordance with subsection (3). (3) If you are not entitled to *quote for a particular supply from the supplier during the period, you must notify the supplier of that fact at or before the time of the supply. The notification must be in the *approved form. (4) You commit an offence if you contravene subsection (3). Penalty: 20 penalty units. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit. (5) Section 9‑25 applies to a *quote that you are treated as having made under subsection (2) of this section for a particular supply. 9‑15 Manner in which quote must be made (1) A *quote (including a periodic quote) must be in the *approved form. (2) A *quote is not effective unless it is made at or before the time of the supply or *importation. 9‑20 Incorrect quote nevertheless effective for certain purposes If you *quote in circumstances in which you are not entitled to quote, or the quote is not in the *approved form, the quote is nevertheless effective for the purpose of subsection 5‑10(2) or 7‑10(3) (whichever is relevant), unless section 9‑25 applies. 9‑25 Quote not effective for certain purposes if there are grounds for believing it was improperly made A *quote is not effective, so far as it would have resulted in you not paying luxury car tax, if at the time of the quote the person to whom the quote is made has reasonable grounds for believing that: (a) you are not entitled to quote in the particular circumstances; or (b) the quote is not made in the *approved form; or (c) the quote is false or misleading in a material particular (either because of something stated in the quote or something left out). 9‑30 Improper quoting is an offence You must not, in relation to any supply or *importation of a *luxury car: (a) *quote an *ABN: (i) in circumstances in which you are not entitled to quote; or (ii) in contravention of subsection 9‑15(1); or (b) in any other way falsely quote an ABN. Penalty: 20 penalty units. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit. Note 3: Section 23 of the A New Tax System (Australian Business Number) Act 1999 provides penalties for misuse of ABNs. Part 3—Paying the luxury car tax Division 13—Paying the luxury car tax 13‑1 What this Division is about Luxury car tax on supplies of luxury cars is added to net amounts under Division 17 of the GST Act. Adjustments in relation to supplies or importations can be made to net amounts. They may increase or decrease net amounts. Luxury car tax on importations of luxury cars is not incorporated into net amounts but is generally paid with customs duty. Note: Division 165 (Anti‑avoidance) of the GST Act will cover avoidance schemes relating to luxury car tax so far as they affect net amounts, because such schemes affect amounts payable under the GST Act. Subdivision 13‑A—Net amounts and adjustments 13‑5 Net amounts increased by amounts of luxury car tax Your *net amount for a *tax period is increased by the sum of all of the amounts of luxury car tax (if any) that are attributable to that tax period, other than amounts on *taxable importations of luxury cars. 13‑10 Adjustments (1) If you have any *luxury car tax adjustments that are attributable to a *tax period applying to you, alter your *net amount for the period as follows: (a) add to that net amount for the period the sum of all the *increasing luxury car tax adjustments (if any) that are attributable to the period; (b) subtract from that net amount the sum of all the *decreasing luxury car tax adjustments (if any) that are attributable to the period. (2) A *luxury car tax adjustment must be made within 4 years after the supply or *importation to which the adjustment relates. 13‑15 Attribution rules for taxable supplies of luxury cars and luxury car tax adjustments (1) The luxury car tax payable by you on a *taxable supply of a luxury car is attributable to the same *tax period, or tax periods, applying to you as the tax period or tax periods to which: (a) if the *supply is a *taxable supply—the taxable supply is attributable; or (b) if the supply is not a taxable supply—the supply would be attributable if it were a taxable supply. Note: For the basic rules on attribution of taxable supplies, see section 29‑5 of the GST Act. (1A) The luxury car tax payable by you on a *taxable supply of a luxury car that is supplied by way of lease or hire is entirely attributable to the first *tax period to which the supply of the car is attributable. This subsection has effect despite section 156‑5 of the *GST Act. Note: Under that section, the luxury car tax could otherwise be payable on a periodic basis. (2) A *luxury car tax adjustment that you have is attributable to the same *tax period, or tax periods, applying to you as the tax period or tax periods to which: (a) if the luxury car tax adjustment is an *adjustment—the adjustment is attributable; or (b) if the luxury car tax adjustment is not an adjustment—the luxury car tax adjustment would be attributable if it were an adjustment. Note: For the basic rules on attribution of adjustments, see section 29‑20 of the GST Act. Subdivision 13‑B—Paying assessed luxury car tax on taxable importations of luxury cars 13‑20 Paying assessed luxury car tax on taxable importations of luxury cars (1) *Assessed luxury car tax on a *taxable importation of a luxury car is to be paid by the importer to the Commonwealth: (a) at the same time, at the same place, and in the same manner, as *customs duty is payable on the car in question (or would be payable if the car were subject to customs duty); or (b) in the circumstances specified in the regulations, within such further time specified in the regulations, and at the place and in the manner specified in the regulations. Note 1: The regulations could (for example) allow for deferral of payments to coincide with payments of assessed net amounts. Note 1A: For provisions about assessment of luxury car tax on taxable importations of luxury cars, see Division 155 in Schedule 1 to the Taxation Administration Act 1953. Note 2: For provisions about collection and recovery of assessed luxury car tax on taxable importations of luxury cars, see Subdivision 105‑C, and Part 4‑15, in Schedule 1 to the Taxation Administration Act 1953. (2) An officer of Customs (within the meaning of subsection 4(1) of the Customs Act 1901) may refuse to deliver the goods concerned unless the assessed luxury car tax has been paid. 13‑25 Security or undertaking given under section 162 or 162A of the Customs Act (1) An amount of *assessed luxury car tax on a *taxable importation of a luxury car is not payable if: (a) a security or undertaking described in section 162 of the Customs Act 1901 has been given; and (b) the provisions of the regulations mentioned in paragraph 162(3)(a) of that Act are complied with; and (c) either: (i) the car is exported within the relevant period mentioned in paragraph 162(3)(b) of that Act; or (ii) one or more of the circumstances or conditions specified in the regulations mentioned in paragraph 162(3)(b) of that Act apply in relation to the car. Note: Section 162 of the Customs Act 1901 allows delivery of imported goods if the importer gives a security or undertaking to pay any customs duty, assessed GST and assessed luxury car tax relating to the importation. (1A) An amount of *assessed luxury car tax on a *taxable importation of a luxury car is not payable if: (a) a security or undertaking described in section 162A of the Customs Act 1901 has been given; and (b) the car is not dealt with in contraven