Tourist Refund Scheme: explained and elaborated

Tourist Refund Scheme (TRS) as the name suggests is a part of the Australian government’s taxation system that allows people, both travelers and Australian citizens alike, to get refunds on GST and other taxes.

With TRS, travelers from overseas and Australians as well can get refunds on the Goods and Services Tax and Wine equalization tax paid on goods bought in Australia and then out of Australia that too in a checked luggage or carryon bags, provided they meet certain conditions. Air and sea crews who are in operation are not eligible for TRS. To make a claim at the TRS facility, you need to take your bought goods, the respective tax invoices in original, your passport and boarding pass. Different goods have different conditions applied to them. For instance to get refunds on oversized items and LAGs goods you must get them verified at the Australian Border Force ‘s client service office.

According to Department of Immigration and Border Protection (DIBP), you can claim a refund if:

• you purchased the goods in the 60 days before you leave Australia
• Your purchases are from a single business with the same Australian business number (ABN) and total AUD 300 (GST inclusive) or more. For example, if you bought items from one business, even on separate invoices, that together total AUD 300, these items could be eligible for a tax refund under the TRS
• you, as the travelling passenger, paid for the goods

·         You have an original tax invoice for the goods.

·         If the shop has issued you with an electronic tax invoice you will need to provide this on your device when making a claim.

• you wear or carry the goods as hand luggage aboard the aircraft or ship as you leave Australia
• If the goods are liquids, aerosols or gels (LAGs), or oversized or bulky goods that the airline requires to be checked in as hold luggage you need to have these good verified at the ABF Client Service office before checking the goods in with your luggage.

   

Misleading & Deceptive Conducts: What do they mean?

Misleading and deceptive conducts falls under the wings of commercial law and if you are a victim of such, then you can seek the help of commercial lawyers in Melbourne area.

According to Section 18 of the Australian Consumer Law (ACL) (which applies in each State and Territory):

“A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.”

Person includes both individuals and corporations.

“In trade or commerce” conducts in the context of above mentioned law means such conducts which are carried out are of trading or commercial nature having a prime objective of making profit.

Conducts that counts

Those conducts which can be scrutinized as being misleading or deceptive includes:

• ·        Verbal communications or representations (including telephonic or face to face)

• ·        Written communications or representations (emails, letters etc.)

·        Silence

• ·        Representations about present and existing facts and intentions

• ·        Representations about future matters like projections and predictions.

Misleading and deceptive

Such conducts which induces errors and if there be a threat of real and not remote possibility of being mislead or deceived on the basis of those conducts, then those conducts can be said misleading or deceptive conducts.

Misleading and deceptive conducts include:

• ·        False promises and statements

• ·        A representation of a matter of future will be deemed misleading and deceptive if the representing person has no reasonable grounds for making the representations

• ·        A representation of a matter pertaining to present times will be deemed misleading and deceptive if the representing person has no reasonable grounds for making the representations

Remedies

According to Section 236 of the Australian Consumer Law (ACL):

“If a person suffers loss or damage because of the conduct of another person, and the conduct contravened [section 18], the claimant may recover the amount of the loss or damage by action against that other person, or against any person involved in the contravention.”

To get the remedies, the following must be proved:

• ·        The misleading and deceptive conducts were relied on and decisions were made upon those conducts. And

• ·        The conduct was actually responsible for and contributed to the damage or loss suffered, even if the conduct was not the primary or sole cause of the damages.

It’s highly advisable to seek legal help when being a victim of misleading and deceptive conducts. There are many prolific commercial lawyers in Melbourne who can assist in these situations.