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Gold

Australia

Checked 2026-09-29 · Version r2 · Replaces version r1 · Reviewed

Public law and official guidance, published as research. Not legal, tax or financial advice.

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Industrial mining originRefining hub

Industrial gold origin and refining hub. Tenure and royalty are state matters: WA (the largest producer) Mining Act 1978 (mining lease 21 years; Part 5A royalties) and, since 1 Sep 2025, the Mining (Royalties) Regulations 2025 administered by the Commissioner of State Revenue: 2.5% of gold metal x monthly average London PM Fix in AUD, first 2,500 oz per gold royalty project per financial year exempt, gold taken as produced on delivery to the refinery (the Mining Regulations 1981 royalty division was deleted from that date). Queensland: 2.5% up to A$600/oz, 5% from A$890/oz (so 5% at current prices), $100,000 threshold; Victoria 2.75% of net market value after 2,500 oz; NSW 4% of ex-mine value (guideline only; law blocked). Dore goes to an LBMA refiner, dominated by the state-owned Perth Mint (Gold Corporation Act: functions incl. refining and London accreditation; Treasurer's guarantee). GST: first supply of refined 99.5%+ investment gold by a refiner to a dealer is GST-free (s.38-385); later supplies input taxed (s.40-100); importing such gold is non-taxable (s.13-10(b)); dore and scrap are taxable, with a reverse charge on business supplies of goods containing gold (Div 86). No export permit or duty; export declaration above $2,000 FOB (Customs Act s.113-114C). Russian gold exported after 30 Sep 2022 may not be imported, bought or transported without a permit (Autonomous Sanctions Regulations reg 4A/12A; Designation item 16). AML/CTF: bullion dealing is a designated service; buying or selling precious metals for $10,000+ in cash or virtual assets became one on 31 Mar 2026 with obligations from 1 Jul 2026. Perth Mint: 2018-2021 doping of SGE kilobars, AUSTRAC enforceable undertaking (Nov 2023), LBMA listing kept.

How sure this page is

  • Primary law 60
  • Official guidance 7
  • Standard 2
  • Secondary 6
  • Industry practice 12
  • Unverified 1
  • No confidence level recorded 10
  • Researcher's note 34
  • Blocked 5
  • Not recorded 39
  • Text 21
  • OCR 10
  • Not stated 13

Regulators

  • Australian Border Force (ABF), Department of Home Affairs

    Export declarations and export entry advices (Customs Act ss.113-114C) and import declarations (ss.68, 71A) through the Integrated Cargo System; Customs Tariff

    No confidence level recordedNot recorded
  • Australian Sanctions Office (ASO), Department of Foreign Affairs and Trade

    Autonomous sanctions administered for the Minister for Foreign Affairs, including the ban on importing, purchasing or transporting Russian gold exported after 30 Sep 2022 and permits under reg 18 of the Autonomous Sanctions Regulations 2011

    No confidence level recordedNot recordedBlocked
  • Australian Taxation Office (ATO)

    GST, including the precious-metal rules (GST Act ss.38-385, 40-100, s.195-1), GST on importation (s.13-10) and the valuable-metal reverse charge (Division 86)

    No confidence level recordedNot recordedOCR
  • Australian Transaction Reports and Analysis Centre (AUSTRAC)

    AML/CTF regulator and FIU: bullion dealers (s.6 table 2 item 1) and, from 31 Mar 2026 (obligations from 1 Jul 2026), dealers buying or selling precious metals, stones or products for $10,000 or more in physical currency or virtual assets (item 2); threshold, suspicious-matter and cross-border reports

    No confidence level recordedNot recordedBlocked
  • Department of Mines, Petroleum and Exploration (DMPE), Western Australia

    Mining tenure under the Mining Act 1978 (WA): miner's rights, prospecting and exploration licences, mining leases; Mineral Titles Online. Successor to DEMIRS/DMIRS (old dmp.wa.gov.au URLs redirect to it).

    No confidence level recordedNot recordedOCR
  • LBMA (London Bullion Market Association)

    Good Delivery List and Responsible Gold Guidance (private industry standard, not Australian law)

    No confidence level recordedNot recorded
  • NSW Resources / Revenue NSW

    NSW mineral royalty under the Mining Act 1992 (NSW)

    No confidence level recordedNot recordedOCR
  • Queensland Revenue Office (QRO)

    Queensland mineral royalty (Mineral Resources (Royalty) Regulation 2025; the Commissioner of State Revenue issues public rulings such as MRA002)

    No confidence level recordedNot recordedOCR
  • Department Head (Victoria), under the Mineral Resources (Sustainable Development) Act 1990

    Receives production and royalty returns and royalties under the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 (reg 8)

    No confidence level recordedNot recordedOCR
  • Commissioner of State Revenue (Western Australia)

    Receives WA mineral royalty returns and payments, estimates and adjusts gold metal produced, approves separate gold royalty projects, from 1 Sep 2025 under the Mining (Royalties) Regulations 2025

    No confidence level recordedNot recordedOCR

Laws

  • Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)

    s.6(3) table 2: item 1 buying or selling bullion in the course of carrying on a bullion-dealing business; item 2 buying or selling precious metal, stones or products in the course of carrying on a business where the purchase involves physical currency or virtual assets totalling $10,000 or more (linked transactions aggregated); s.5 bullion; s.5A precious metal (gold, silver, platinum-group metals, alloys with at least 2%); s.43 threshold transaction reports within 10 business days; s.41 suspicious matter reports; s.51B enrolment within 28 days; s.53 cross-border movement reports for monetary instruments of $10,000 or more

    Citation
    Act No. 169, 2006; Compilation No. 62, C2026C00274 (1 Jul 2026)
    Kind
    Act
    Primary lawNot recorded
  • Anti-Money Laundering and Counter-Terrorism Financing Rules 2025 (Cth)

    Report content rules (e.g. r. 9-12 cross-border movement reports; suspicious matter reports may concern precious metal, with bullion serial numbers); no rule found that prescribes bullion as a monetary instrument for s.53

    Citation
    F2025L01026; Compilation No. 1 (F2026C00274, 31 Mar 2026)
    Kind
    Regulation
    Primary lawNot recorded
  • Autonomous Sanctions Regulations 2011 (Cth)

    Reg 4A sanctioned imports (import, purchase or transport of import sanctioned goods; designation power reg 4A(3)); reg 12A offence; reg 18(1)(b) Ministerial permit authorising a sanctioned import; regs 4(4) and 4A(4) gold, precious metals and diamonds to/from the Government of Syria

    Citation
    Select Legislative Instrument No. 247, 2011; Compilation No. 18 (F2025C01175, 5 Dec 2025)
    Kind
    Regulation
    Primary lawNot recorded
  • Gold Corporation Act 1987 (WA)

    Establishes Gold Corporation and the Mint (The Perth Mint); s.10 functions incl. refining gold and maintaining the Mint's accreditation acceptable to the London Gold Market; s.36(c) the Mint's function to refine gold and dore; s.22 Treasurer's guarantee of the cash equivalent of gold due, payable and deliverable by Gold Corporation, the Mint or GoldCorp under the Act and of money due in currency dealings

    Citation
    Act No. 99 of 1987
    Kind
    Act
    Primary lawNot recordedOCR
  • A New Tax System (Goods and Services Tax) Act 1999 (Cth)

    s.9-70 GST 10% of value; s.38-385 GST-free first supply of precious metal after refining (refiner of precious metal to dealer in precious metal); s.40-100 other supplies of precious metal input taxed; s.195-1 precious metal = gold (in an investment form) of at least 99.5% fineness; s.13-10(b) importation non-taxable if it would have been GST-free or input taxed as a supply; s.38-185 exports of goods GST-free; Division 86 reverse charge on taxable supplies of goods consisting wholly or partly of valuable metal (gold, silver, platinum)

    Citation
    Act No. 55, 1999; Compilation No. 96, C2026C00081 (1 Jan 2026)
    Kind
    Act
    Primary lawNot recorded
  • Mining Act 1992 (NSW)

    NSW royalty on gold: 4% of ex-mine value (value of mineral recovered less allowable deductions) per the NSW guidelines; the Act and the Mining Regulation 2016 are not held (bot challenge)

    Kind
    Act
    Official guidanceNot recordedOCR

    Researcher's note: [blocked] Mining Act 1992 (NSW) and Mining Regulation 2016 (NSW) could not be downloaded (legislation.nsw.gov.au bot challenge, queues au-1 and au-4); rate from the NSW compliance guidelines (undated, PDF modified Aug 2024).

  • Customs (Prohibited Exports) Regulations 1958 (Cth)

    Lists the goods whose export needs a permission; gold is not among them (no gold, bullion or precious-metal item found); reg 11 export sanctioned goods under autonomous sanctions

    Citation
    Statutory Rules No. 5, 1958; Compilation No. 115 (F2026C00262, 26 Mar 2026)
    Kind
    Regulation
    Primary lawNot recorded
  • Mineral Resources (Royalty) Regulation 2025 (Qld)

    Queensland royalty: s.22 rate from Sch 1; Sch 1 Pt 1 s.2 gold (a prescribed mineral (royalty)): 2.5% of value if the average market price (LBM p.m. fix in AUD) is at or below A$600/oz, 5% at or above A$890/oz, a sliding rate in 0.02% steps between; s.26 no royalty on the first $100,000 of value of relevant minerals per mining operation per financial year

    Citation
    SL No. 108 of 2025
    Kind
    Regulation
    In force from
    2025-09-01
    Primary lawNot recordedOCR
  • Autonomous Sanctions (Import Sanctioned Goods-Russia) Designation 2022, as amended by Amendment (No.1) Designation 2022 (gold)

    Schedule 1 item 16: gold (HS 7108) exported from Russia after the commencement of Amendment (No.1) (30 Sep 2022) is an import sanctioned good for Russia

    Citation
    F2022L00310 (Compilation No. 1, F2023C00075); amended by F2022L01282
    Kind
    Regulation
    In force from
    2022-09-30
    Primary lawNot recordedBlocked
  • Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 (Vic)

    Victorian gold royalty: reg 6(1A) 2.75% of the net market value of gold produced under a mining licence; reg 6(1B) first 2,500 oz per relevant period exempt; reg 74 no royalty on gold produced before 1 Jan 2020; reg 8 production and royalty return within 30 days after each relevant period (financial year unless varied)

    Citation
    S.R. No. 48/2019, Authorised Version No. 005 (20 Oct 2025)
    Kind
    Regulation
    Primary lawNot recordedOCR
  • Mining Regulations 1981 (WA), Part V Division 5 (production and royalties, rr. 85-89; gold r. 86AA)

    Gold royalty regime until 31 Aug 2025: r. 86AA (2.5% of royalty value; first 2,500 oz per gold royalty project per financial year exempt; London PM Fix converted to AUD). Division 5 deleted by SL 2025/153 r. 8 from 1 Sep 2025.

    Kind
    Regulation
    Repealed on
    2025-09-01
    Primary lawNot recordedOCR
  • Mining (Royalties) Regulations 2025 (WA)

    Current WA royalty (made under Mining Act s.120B-120C): r. 9 royalty payable by the holder of, or applicant for, the tenement; r. 10 quarterly, within 30 days; Sch 1 Div 2 gold 2.5% of royalty value (r. 14); r. 30 royalty value = gold metal produced x monthly average London PM Fix in AUD; r. 21 first 2,500 oz per gold royalty project per financial year exempt; rr. 31-33 when gold metal is produced; rr. 43-44 production report and royalty return; r. 46 records 7 years

    Citation
    SL 2025/154
    Kind
    Regulation
    In force from
    2025-09-01
    Primary lawNot recordedOCR
  • Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (Cth)

    Schedule 3 Part 2 inserted the precious-metals dealer designated service (s.6(3) table 2 item 2) and s.5A, in force 31 Mar 2026 (s.2 table item 2); Schedule 3 Part 4 item 11 defers Parts 1A (programs), 2 (CDD), 3 (reporting) and Divisions 2-6 of Part 10 (record keeping) for that service to 1 Jul 2026; item 12 sets enrolment by 29 Jul 2026 for dealers who started before 1 Jul 2026

    Citation
    Act No. 110, 2024 (Royal Assent 10 Dec 2024)
    Kind
    Act
    In force from
    2026-03-31
    Primary lawNot recordedBlocked
  • Autonomous Sanctions Act 2011 (Cth)

    s.16 offence of contravening a sanction law: up to 10 years imprisonment and/or a fine of the greater of 3 times the transaction value or 2,500 penalty units (individuals)

    Citation
    Act No. 38, 2011; Compilation No. 4 (C2024C00138)
    Kind
    Act
    Primary lawNot recorded
  • Customs Act 1901 (Cth)

    s.68 entry of imported goods (import declaration, s.71A); ss.113-114C export entry: owner must enter goods for export and not load them without an authority to deal (s.113(1)); consignments with an FOB value not exceeding $2,000 exempt unless a permission is required (s.113(2)(b), (2A)); export declaration (s.114); export entry advice with its number (s.114C); withdrawal within 7 days if not exported within 30 days of the intended day (s.116); records kept 5 years (s.240(1A)); Divisions 4J, 4K, 4M origin record-keeping and verification for preferential claims in China, Hong Kong and the UK

    Citation
    Act No. 6, 1901; Compilation No. 192, C2026C00378 (27 Aug 2026)
    Kind
    Act
    Primary lawNot recorded
  • Customs Tariff Act 1995 (Cth), Schedule 3

    Heading 7108 and 7112.91 duty Free

    Kind
    Act
    Official guidanceNot recorded

    Researcher's note: [not-read] The Customs Tariff Act 1995 itself is not held (its Federal Register id was not found in this pass); Schedule 3 chapter 71 read on the ABF current-tariff page (read-full).

  • Mining Act 1978 (WA)

    Mining tenure in WA: miner's right (ss.40C-40D), prospecting licence (s.40, max 200 ha; 4-year term s.45), mining lease (s.71; 21-year term s.78; lessee owns minerals lawfully mined, s.85(2)(b)); Part 5A royalties: s.120B royalty payable as prescribed, s.120D royalty return

    Kind
    Act
    Primary lawNot recordedOCR

Laws concerning gold in Australia

From the law library: the laws tagged with this commodity, with their sources. They are not research findings; the sections above are.

Application of s 38-385 to ‘precious metal’ refined from scrap (ATO internal paper by Gordon Brysland, 27 November 2013), with an earlier ATO GST advice letter (Deputy Commissioner Rick Matthews), released under the Freedom of Information Act 1982

Act · No official number; FOI release on iorder.com.au (ProdID 1-GHLD72Y-P1) · Australian Taxation Office

Gold Coast Waterways Authority Act 2012 (Act No. 38 of 2012)

Act · Made 2012-12-05 · Queensland

Gold Coast Waterways Authority Regulation 2012

Regulation · Made 2012-12-13 · Queensland

Mining Act 1992 (NSW) No 29, current

Act · NSW Parliamentary Counsel

Mining Regulation 2016 (NSW), current (save as

Regulation · NSW Parliamentary Counsel

Gold Corporation Act 1987 (WA) — Official Version [05-c0-00], as at 31 January 2025

Act · Act No. 99 of 1987 (enacted as the Gold Banking Corporation Act 1987) · Made 2026-09-28 · Parliament of Western Australia

Water Plan (Gold Coast) 2006

Regulation · Made 2007-12-14 · Queensland

Procedures

Vaulting and metal accounts

Applies when: bars are stored in Australia

  1. Custody

    Hold bars in allocated or unallocated metal accounts; for the Perth Mint, metal liabilities carry the WA Treasurer's guarantee

    Who
    Depository / vault operator (metal accounts)
    Needs
    Bar list for refined bars
    Issues
    Metal account statement
    Industry practiceNot recordedOCR

    Legal basis: Gold Corporation Act 1987 (WA), s.22

    Researcher's note: Metal-account practice from the Perth Mint pages; the guarantee itself read in s.22 (cash equivalent of gold due, payable and deliverable under the Act and currency-dealing moneys).

Domestic bullion dealing (AML/CTF and GST)

Applies when: refined gold is sold within Australia

  1. Licensing

    Enrol with AUSTRAC within 28 days of starting a designated service and adopt an AML/CTF program (bullion dealing; from 31 Mar 2026 also buying or selling precious metal for $10,000 or more in physical currency or virtual assets, with obligations from 1 Jul 2026)

    Who
    Bullion dealer / dealer in precious metal
    Issues
    AUSTRAC enrolment; AML/CTF program
    Primary lawNot recordedBlocked

    Legal basis: AML/CTF Act 2006, s.6(3) table 2 items 1-2; ss.26B, 51B

  2. Due diligence

    Carry out customer due diligence before providing the designated service; enhanced due diligence in higher-risk cases

    Who
    Bullion dealer / dealer in precious metal
    Needs
    AUSTRAC enrolment
    Issues
    Customer due diligence file
    Primary lawNot recordedBlocked

    Legal basis: AML/CTF Act 2006, s.28 (initial CDD); s.39E item 11 (bullion under $5,000)

  3. Tax

    Sell or buy bars: input-taxed supply of precious metal (no GST charged, no input credits), or GST-free if it is the refiner's first supply after refining to a dealer

    Who
    Bullion dealer / dealer in precious metal
    Needs
    Customer due diligence file
    Primary lawNot recordedOCR

    Legal basis: A New Tax System (Goods and Services Tax) Act 1999, s.40-100; s.38-385

  4. Reporting

    Report each threshold transaction (transfer of $10,000 or more in physical currency) to AUSTRAC within 10 business days

    Who
    Bullion dealer / dealer in precious metal
    With
    AUSTRAC
    Issues
    Threshold transaction report
    Primary lawNot recorded

    Legal basis: AML/CTF Act 2006, s.43; s.5 threshold transaction

  5. Reporting

    Report suspicious matters to AUSTRAC (within 3 business days, or 24 hours for terrorism financing suspicions)

    Who
    Bullion dealer / dealer in precious metal
    With
    AUSTRAC
    Issues
    Suspicious matter report
    Primary lawNot recordedBlocked

    Legal basis: AML/CTF Act 2006, s.41

Export of Australian-refined bars

Applies when: country is the origin exporting refined gold

  1. Customs

    Prepare commercial invoice and bar list; no export permit or licence is required for gold

    Who
    Exporter of bars (refiner, dealer or miner selling offshore)
    Needs
    Bar list for refined bars
    Primary lawNot recorded

    Legal basis: Customs (Prohibited Exports) Regulations 1958 (no gold item)

    Researcher's note: [inferred] Absence of a gold export permit read from the Regulations as a whole; commercial invoice and bar list are commercial practice.

  2. Customs

    Lodge the export declaration in the Integrated Cargo System (required for consignments above $2,000 FOB) and obtain the export entry advice (authority to deal) with its number before loading; a declaration may be refused if the intended export day is more than 6 months ahead; if not exported within 30 days of the intended day, withdraw or amend within 7 days; keep commercial documents 5 years

    Who
    Licensed customs broker
    With
    Australian Border Force
    Primary lawNot recorded

    Legal basis: Customs Act 1901, ss.113, 114, 114C, 116, 240(1A); Customs Regulation 2015 r. 82

  3. Customs

    Obtain a certificate of origin only if the buyer or the destination requires one (e.g. to claim an FTA preference); an exporter claiming Australian origin for a preferential tariff in China, Hong Kong or the UK may be required by the ABF to produce origin records and answer questions for verification by the importing customs

    Who
    Exporter of bars (refiner, dealer or miner selling offshore)
    Issues
    Certificate of origin (on request)
    Primary lawNot recorded

    Legal basis: Customs Act 1901, Divisions 4J, 4K, 4M (ss.126AOA-126AOD, 126APA-126APD, 126ARA-126ARD)

    Researcher's note: [not-read] Issuing bodies and forms for certificates of origin not researched (au.gap-cert-origin); no Australian export rule requires one for gold.

  4. Transport

    Ship by secure air freight under air waybill

    Who
    Secure precious-metals carrier / airline
    Issues
    Air waybill
    Industry practiceNot recorded

    Researcher's note: Carrier practice not documented in the sources read.

Import of doré, scrap or bars

Applies when: country receives doré (e.g. from the Pacific) or bars

  1. Due diligence

    Onboard the foreign supplier: KYC, origin and chain-of-custody documents, export authorisation of the origin country, under LBMA RGG

    Who
    Australian gold refiner (LBMA Good Delivery-listed)
    Issues
    Supplier KYC pack for imported doré/scrap
    StandardNot recorded

    Researcher's note: RGG duties inferred from GD status; no Australian statute imposes refiner origin checks.

  2. Due diligence

    Screen for Russian-origin gold: import, purchase or transport of Russian gold exported after 30 Sep 2022 is prohibited without a sanctions permit

    Who
    Importer of doré or bullion (usually the refiner or a dealer)
    Issues
    Screen for Russian-origin gold
    Primary lawNot recorded

    Legal basis: Autonomous Sanctions Regulations 2011 regs 4A, 12A, 18(1)(b); Import Sanctioned Goods-Russia Designation 2022 Sch 1 item 16

  3. Customs

    Lodge the import declaration (entry for home consumption) in the Integrated Cargo System for consignments above the entry thresholds; customs duty Free for 7108 and 7112.91; importation of precious metal (99.5%+, investment form) is a non-taxable importation for GST; dore is a taxable importation (GST 10% of the value of the taxable importation)

    Who
    Licensed customs broker
    With
    Australian Border Force
    Needs
    Screen for Russian-origin gold
    Issues
    Import declaration, HS 7108 / 7112.91
    Primary lawNot recorded

    Legal basis: Customs Act 1901 ss.68, 71A; Customs Tariff Act 1995 Sch 3; GST Act 1999 ss.13-5, 13-10, 13-20

    Researcher's note: [inferred] GST on imported dore follows from ss.13-5/13-10 with the precious-metal definition; [not-read] duty rate from the ABF tariff page, not the Act.

Mine to refinery and first sale (industrial miner, WA model)

Applies when: country is the origin (Australian mine output)

Channel: Toll refining at an Australian LBMA refiner (dominant channel)

  1. Licensing

    Hold a granted mining lease (or state equivalent) with approvals to mine

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    Primary lawNot recordedOCR

    Legal basis: Mining Act 1978 (WA), ss.71, 78, 85

    Researcher's note: [not-read] Mining proposal and closure plan approvals not read.

  2. Extraction

    Mine ore, process (CIL/gravity), and pour doré bars at the mine site; mark each bar

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    Issues
    Mine doré bar number and mine mark
    Industry practiceNot recorded

    Researcher's note: Mine-site processing described only generally.

  3. Transport

    Collect doré under secure transport and deliver to the refinery

    Who
    Secure precious-metals carrier / airline
    With
    Australian gold refiner (LBMA Good Delivery-listed)
    Needs
    Refining (toll) agreement between miner and refiner
    Industry practiceNot recorded
  4. Custody

    Receive, weigh and sample the doré; issue receipt. For WA royalty, gold metal is taken to be produced on delivery to the refinery if delivered within 3 months of the gold-bearing material being obtained; otherwise on the day after the 3-month period

    Who
    Australian gold refiner (LBMA Good Delivery-listed)
    Issues
    Refinery receipt and weigh-in of doré
    Primary lawNot recordedOCR

    Legal basis: Mining (Royalties) Regulations 2025 (WA), rr. 29, 31-32

  5. Assay

    Assay the doré and issue the outturn statement; credit the miner's metal account with fine gold (or buy the gold outright)

    Who
    Australian gold refiner (LBMA Good Delivery-listed)
    Needs
    Refinery receipt and weigh-in of doré
    Issues
    Outturn / assay statement; Metal account statement
    Industry practiceNot recorded
  6. Tax

    First sale of refined gold: GST-free where it is the first supply after refining by or on behalf of the supplier, by a refiner of precious metal, to a dealer in precious metal; otherwise the supply of precious metal is input taxed

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    With
    Bullion dealer / dealer in precious metal
    Needs
    Metal account statement
    Primary lawNot recordedOCR

    Legal basis: A New Tax System (Goods and Services Tax) Act 1999, s.38-385; s.40-100; s.195-1

    Researcher's note: [conflict] au.div-gst-scrap (refining from scrap).

State royalty reporting and payment

Applies when: country is the origin

  1. Tax

    Calculate the royalty value each month: gold metal produced x average London PM fix (AUD) for the month; apply 2.5%, after exempting the first 2,500 oz per gold royalty project per financial year

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    Needs
    Outturn / assay statement
    Issues
    LBMA Gold Price PM (AUD) reference
    Primary lawNot recordedOCR

    Legal basis: Mining (Royalties) Regulations 2025 (WA), regs 14 and Sch 1 Div 2, 21, 22, 30

  2. Reporting

    Lodge the quarterly production report within 30 days after the quarter

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    With
    Commissioner of State Revenue (WA)
    Issues
    Quarterly production report
    Primary lawNot recordedOCR

    Legal basis: Mining (Royalties) Regulations 2025 (WA), reg 43

  3. Tax

    Lodge the quarterly royalty return with the Commissioner of State Revenue and pay the royalty within 30 days after the quarter

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    With
    Commissioner of State Revenue (WA)
    Issues
    Quarterly royalty return; Royalty payment to the State
    Primary lawNot recordedOCR

    Legal basis: Mining (Royalties) Regulations 2025 (WA), regs 9, 10(2), 44

  4. Tax

    Where needed, decide an estimated amount of gold metal produced from gold-bearing material and adjust it later against production data or assay results

    Who
    Commissioner of State Revenue (WA)
    With
    Mining tenement holder (mining lease) operating a gold mine and mill
    Primary lawNot recordedOCR

    Legal basis: Mining (Royalties) Regulations 2025 (WA), regs 34-35

  5. Tax

    If gold-bearing material is exported as concentrate or crushed/screened material (not metal), gold metal is taken to be produced when the ship arrives at the unloading port; royalty is calculated on that basis

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    Primary lawNot recordedOCR

    Legal basis: Mining (Royalties) Regulations 2025 (WA), reg 33

  6. Reporting

    Keep complete records of quantity produced and each sale for 7 years

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    Issues
    Royalty records (7 years)
    Primary lawNot recordedOCR

    Legal basis: Mining (Royalties) Regulations 2025 (WA), reg 46

  7. Tax

    Queensland: lodge the royalty return with the Queensland Revenue Office and pay royalty on gold sold, disposed of or used in the return period at the Sch 1 rate (2.5% at or below A$600/oz average LBM p.m. fix, 5% at or above A$890/oz, sliding between), after the $100,000 threshold exemption for relevant minerals per operation per financial year

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    Issues
    Qld / NSW / Vic royalty return
    Primary lawNot recordedOCR

    Legal basis: Mineral Resources (Royalty) Regulation 2025 (Qld), ss.22, 26; Sch 1 Pt 1 ss.1-2

    Researcher's note: [not-read] Return timing provisions (Part 2 ss.5-12) not read.

  8. Tax

    New South Wales: lodge the royalty and statistics return and pay 4% of ex-mine value (value of mineral recovered less allowable deductions) annually by 31 July, or quarterly where the anticipated royalty for the 12-month period exceeds $50,000

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    Issues
    Qld / NSW / Vic royalty return
    Official guidanceNot recordedOCR

    Legal basis: Mining Act 1992 (NSW) (per the NSW compliance guidelines)

    Researcher's note: [blocked] NSW Act and Regulation not held (bot challenge); from the undated NSW guideline.

  9. Tax

    Victoria: give the production and royalty return within 30 days after each relevant period (financial year unless varied) and pay 2.75% of the net market value of gold produced under the mining licence, after the first 2,500 oz exemption

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    Issues
    Qld / NSW / Vic royalty return
    Primary lawNot recordedOCR

    Legal basis: Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 (Vic), regs 5, 6(1A)-(1B), 8

Re-export of bars refined from imported material

Applies when: country is a refining hub for foreign doré

  1. Due diligence

    Keep origin records for imported material: under LBMA RGG the mine remains the origin of gold refined in Australia

    Who
    Australian gold refiner (LBMA Good Delivery-listed)
    Needs
    Supplier KYC pack for imported doré/scrap
    StandardNot recorded

    Researcher's note: RGG origin rule not re-read here.

  2. Customs

    Prepare commercial invoice and bar list; no export permit or licence is required for gold

    Who
    Exporter of bars (refiner, dealer or miner selling offshore)
    Needs
    Bar list for refined bars
    Primary lawNot recorded

    Legal basis: Customs (Prohibited Exports) Regulations 1958 (no gold item)

    Researcher's note: [inferred] Absence of a gold export permit read from the Regulations as a whole; commercial invoice and bar list are commercial practice.

  3. Customs

    Lodge the export declaration in the Integrated Cargo System (required for consignments above $2,000 FOB) and obtain the export entry advice (authority to deal) with its number before loading; a declaration may be refused if the intended export day is more than 6 months ahead; if not exported within 30 days of the intended day, withdraw or amend within 7 days; keep commercial documents 5 years

    Who
    Licensed customs broker
    With
    Australian Border Force
    Primary lawNot recorded

    Legal basis: Customs Act 1901, ss.113, 114, 114C, 116, 240(1A); Customs Regulation 2015 r. 82

  4. Customs

    Obtain a certificate of origin only if the buyer or the destination requires one (e.g. to claim an FTA preference); an exporter claiming Australian origin for a preferential tariff in China, Hong Kong or the UK may be required by the ABF to produce origin records and answer questions for verification by the importing customs

    Who
    Exporter of bars (refiner, dealer or miner selling offshore)
    Issues
    Certificate of origin (on request)
    Primary lawNot recorded

    Legal basis: Customs Act 1901, Divisions 4J, 4K, 4M (ss.126AOA-126AOD, 126APA-126APD, 126ARA-126ARD)

    Researcher's note: [not-read] Issuing bodies and forms for certificates of origin not researched (au.gap-cert-origin); no Australian export rule requires one for gold.

  5. Transport

    Ship by secure air freight under air waybill

    Who
    Secure precious-metals carrier / airline
    Issues
    Air waybill
    Industry practiceNot recorded

    Researcher's note: Carrier practice not documented in the sources read.

Refining to kilobars and Good Delivery bars

Applies when: country refines domestic or imported doré

  1. Refining

    Refine doré to 999.9 kilobars/minted bars or 995+ Good Delivery bars; cast, mark (refiner mark, serial, fineness) and record

    Who
    Australian gold refiner (LBMA Good Delivery-listed)
    Needs
    Outturn / assay statement
    Issues
    Bar list for refined bars
    Industry practiceNot recorded
  2. Due diligence

    Maintain LBMA Good Delivery and RGG compliance; publish the annual RGG compliance report with independent assurance

    Who
    Australian gold refiner (LBMA Good Delivery-listed)
    Issues
    Refiner RGG report and assurance
    SecondaryNot recorded
  3. Reporting

    Report suspicious matters to AUSTRAC (refiner bullion business is a reporting entity)

    Who
    Australian gold refiner (LBMA Good Delivery-listed)
    With
    AUSTRAC
    Issues
    Suspicious matter report
    Primary lawNot recorded

    Legal basis: AML/CTF Act 2006, s.6(3) table 2 item 1; s.41

    Researcher's note: [inferred] The refiner is a reporting entity because it buys and sells bullion in a bullion-dealing business (s.6 table 2 item 1); the Perth Mint enforceable undertaking confirms it for that refiner.

Sale and settlement of refined gold

Applies when: miner or refiner sells gold

  1. Pricing

    Price the sale against the LBMA Gold Price (commonly in AUD) or a forward/hedge contract

    Who
    Mining tenement holder (mining lease) operating a gold mine and mill
    With
    Bank or bullion buyer (offtaker)
    Issues
    LBMA Gold Price PM (AUD) reference
    Industry practiceNot recordedOCR

    Researcher's note: Commercial pricing practice not documented; the LBMA PM fix is the statutory WA royalty reference.

  2. Payment

    Transfer metal from the miner's metal account to the buyer, or deliver bars, against payment

    Who
    Australian gold refiner (LBMA Good Delivery-listed)
    With
    Bank or bullion buyer (offtaker)
    Needs
    Metal account statement
    Issues
    Payment for gold sold
    Industry practiceNot recorded

Licences and registrations

  • AUSTRAC enrolment as a reporting entity providing bullion designated services (with AML/CTF program)

    AUSTRAC enrolment; AML/CTF program

    Held by
    Bullion dealer / dealer in precious metal
    Issued by
    AUSTRAC
    Primary lawNot recordedBlocked

    Legal basis: AML/CTF Act 2006, s.6(3) table 2 item 1; s.51B (enrol within 28 days of starting)

  • AUSTRAC enrolment for the precious metals, stones and products designated service (AML/CTF program, compliance officer, trained staff)

    AUSTRAC enrolment

    Held by
    Bullion dealer / dealer in precious metal
    Issued by
    AUSTRAC
    Primary lawNot recordedBlocked

    Legal basis: AML/CTF Act 2006 as amended by the AML/CTF Amendment Act 2024, s.6(3) table 2 item 2; s.51B; Amendment Act Sch 3 Pt 4 item 12

  • Statutory status and state guarantee under the Gold Corporation Act 1987 (WA)

    Held by
    Australian gold refiner (LBMA Good Delivery-listed)
    Issued by
    Parliament of Western Australia
    Primary lawNot recordedOCR

    Legal basis: Gold Corporation Act 1987 (WA), ss.10, 22, 36

  • Status as a 'dealer in precious metal' (recipient condition for GST-free first supply after refining)

    Held by
    Bullion dealer / dealer in precious metal
    Issued by
    Self-assessed under GST law (ATO)
    Primary lawNot recordedOCR

    Legal basis: A New Tax System (Goods and Services Tax) Act 1999, s.38-385(c); s.195-1

  • LBMA Good Delivery List membership (and other exchange accreditations: CME, SGE, OSE, DGCX for the Perth Mint)

    Listing on the LBMA Good Delivery List

    Held by
    Australian gold refiner (LBMA Good Delivery-listed)
    Issued by
    LBMA (and the exchanges)
    Industry practiceNot recorded

    Legal basis: LBMA Good Delivery List Rules (private standard)

    Researcher's note: Perth Mint's own page and press on the 2023 LBMA review; the LBMA list table did not render. Other Australian GD refiners not confirmed.

  • LBMA Responsible Gold Guidance compliance with annual independent assurance

    Annual RGG assurance report

    Held by
    Australian gold refiner (LBMA Good Delivery-listed)
    Issued by
    LBMA / independent assurance provider
    Valid for
    annual
    SecondaryNot recorded

    Legal basis: LBMA Responsible Gold Guidance (private standard)

    Researcher's note: The Perth Mint's 2023 LBMA review (corrective action plan, no zero-tolerance non-conformance) confirms it is under the RGG; the RGG text was not re-read for this module.

  • Mining lease (WA, Mining Act 1978 s.71) - or the state equivalent (Qld mining lease, NSW mining lease, Vic mining licence)

    Registered tenement in Mineral Titles Online

    Held by
    Mining tenement holder (mining lease) operating a gold mine and mill
    Issued by
    Department of Mines, Petroleum and Exploration (WA)
    Valid for
    21 years, renewable (s.78)
    Primary lawNot recordedOCR

    Legal basis: Mining Act 1978 (WA), ss.71, 74, 78, 85

    Researcher's note: [not-read] Mining proposal / closure plan approvals and other states' tenure law were not read.

  • Miner's right and/or prospecting licence (WA)

    Held by
    Prospector / small miner (miner's right or prospecting licence)
    Issued by
    Department of Mines, Petroleum and Exploration (WA)
    Primary lawNot recordedOCR

    Legal basis: Mining Act 1978 (WA), ss.40, 40C, 40D, 45

Taxes and fees

  • Export duty on gold

    All exports, including gold

    Rate
    None
    Official guidanceNot recorded

    Researcher's note: [not-read] Statement of the ABF, not a provision of the Customs Act.

  • GST - first supply of precious metal after refining

    First supply of precious metal after its refining by, or on behalf of, the supplier, where the refiner is a "refiner of precious metal" and the recipient a "dealer in precious metal" (each: an entity that satisfies the Commissioner of the activity - s.195-1)

    Rate
    GST-free (0%, input credits allowed)
    Primary lawNot recordedOCR

    Legal basis: A New Tax System (Goods and Services Tax) Act 1999, s.38-385; s.195-1

    Researcher's note: [conflict] au.div-gst-scrap: two ATO views differ on whether re-refined scrap can be a GST-free first supply; the model follows the words of s.38-385.

  • GST on importation of precious metal

    Imported gold that meets the precious-metal definition is a non-taxable importation because its supply would be input taxed or GST-free (s.13-10(b)); dore and other gold outside the definition is a taxable importation

    Rate
    Non-taxable importation (precious metal); otherwise GST 10% of the value of the taxable importation (customs value plus international transport and insurance, s.13-20)
    Primary lawNot recordedBlocked

    Legal basis: A New Tax System (Goods and Services Tax) Act 1999, ss.13-5, 13-10(b), 13-20

    Researcher's note: [inferred] That imported dore is a taxable importation follows from ss.13-5/13-10 read with the precious-metal definition; Part 3-2 (other non-taxable importations) was not read.

  • GST - other supplies of precious metal

    Gold (in an investment form) of at least 99.5% fineness (s.195-1 precious metal); "investment form" is not defined in the Act - the ATO describes it as a coin, wafer, bar or other tradeable form with an internationally accepted hallmark (LBMA-approved for gold)

    Rate
    Input taxed (no GST charged; no input tax credits)
    Primary lawNot recordedOCR

    Legal basis: A New Tax System (Goods and Services Tax) Act 1999, s.40-100; s.195-1

    Researcher's note: [not-read] GSTR 2003/10 (the ATO ruling on "investment form") is blocked; the description of investment form is from the ATO FOI advice letter (not binding).

  • GST reverse charge on supplies of goods containing valuable metal

    A taxable supply of goods consisting wholly or partly of valuable metal (gold, silver, platinum) to a recipient registered or required to be registered, where the market value of the goods does not exceed the valuable metal threshold (i.e. is not at least 10% above the value of the metal in them) or the parties agree in writing - e.g. scrap, dore and other non-investment gold

    Rate
    10% of the price, payable by the recipient
    Paid by
    Recipient of the supply
    Collected by
    Australian Taxation Office
    Primary lawNot recorded

    Legal basis: A New Tax System (Goods and Services Tax) Act 1999, Division 86 (ss.86-5, 86-10, 86-25); s.195-1 valuable metal

    Researcher's note: [unconfirmed] Whether a Commissioner determination under s.86-5(3) or a Ministerial percentage under s.86-10(5) is in force was not checked.

  • Customs duty on gold

    HS 7108.11.00, 7108.12.00, 7108.13.00, 7108.20.00 and 7112.91.00 (general rate Free; the rate footnote: FTA originating goods Free unless otherwise shown)

    Rate
    Free
    Official guidanceNot recorded

    Legal basis: Customs Tariff Act 1995, Schedule 3

    Researcher's note: [not-read] Customs Tariff Act 1995 Schedule 3 read on the ABF page, not in the Act text (not held).

  • NSW gold royalty

    Rate
    4% of ex-mine value
    Base
    Value of mineral recovered (first arm's-length sale; stock movements included) less allowable deductions (treatment after the first stockpile, realisation, one-third of on-site administration, depreciation at 11.25% reducing balance); annual return and payment by 31 July, quarterly where the anticipated royalty for the 12-month period exceeds $50,000
    Paid by
    Titleholder
    Collected by
    Revenue NSW (payments to the Office of State Revenue since 1 July 2014, per the guideline)
    Official guidanceNot recordedOCR

    Legal basis: Mining Act 1992 (NSW)

    Researcher's note: [blocked] Mining Act 1992 (NSW) and Mining Regulation 2016 (NSW) not held (legislation.nsw.gov.au bot challenge); [unconfirmed] the guideline is undated (PDF modified Aug 2024), so the current rate is not confirmed in law.

  • Queensland gold royalty

    Rate
    2.5% of value if the average market price for the return period is at or below A$600/oz (reference price 1); 5% if at or above A$890/oz (reference price 2); in between 2.5 + (PD/RFD) x 2.5 per cent, rounded down to 0.02%
    Base
    Value of gold sold, disposed of or used in the return period (average market price = LBM p.m. fix in AUD at the hedge settlement rate); no royalty on the first $100,000 of total value of relevant minerals (incl. gold) per mining operation per financial year (s.26)
    Paid by
    Holder of the mining authority / person who mines the mineral (Mineral Resources Act 1989, per QRO ruling MRA002.3 para 2)
    Collected by
    Queensland Revenue Office
    Primary lawNot recordedOCR

    Legal basis: Mineral Resources (Royalty) Regulation 2025 (Qld), s.22; s.26; Sch 1 Pt 1 ss.1-2

    Researcher's note: [inferred] With the gold price far above A$890/oz, the rate in practice is 5%; QRO publishes each period's rate (publications.qld.gov.au dataset not held: HTTP 202 with no body from the Mac host).

  • Victorian gold royalty

    Rate
    2.75%
    Base
    Net market value of the gold produced under a mining licence (market value when first sold, transferred or disposed of, less costs reasonably, necessarily and directly incurred in the sale incl. insurance, freight and marketing); first 2,500 oz per relevant period exempt; no royalty on gold produced before 1 Jan 2020
    Paid by
    Holder of a mining licence
    Collected by
    Department Head (Victoria): production and royalty return within 30 days after each relevant period (financial year unless varied)
    Primary lawNot recordedOCR

    Legal basis: Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 (Vic), regs 4, 5, 6(1A)-(1B), 8, 74

  • WA gold royalty (Mining Regulations 1981)

    Rate
    2.5%
    Base
    Royalty value = total gold metal produced in each month x average of the gold spot prices (London PM Fix converted to AUD) for that month; first 2,500 oz of gold metal per gold royalty project per financial year exempt
    Paid by
    Holder of, or applicant for, the mining tenement
    Collected by
    Director General of Mines (WA) (functions passed to the Commissioner of State Revenue from 1 Sep 2025: Mining (Royalties) Regulations 2025 r. 55)
    Primary lawNot recordedOCR

    Legal basis: Mining Regulations 1981 (WA), r. 86AA(1), (4), (6), (7)

  • WA gold royalty

    Gold metal (at least 99.5% pure) taken to be produced on delivery of gold-bearing material to a refinery within 3 months of extraction (r. 31), otherwise on the day after the 3-month refining period (r. 32), or, for gold-bearing material exported as concentrate or crushed/screened material, when the ship arrives at the unloading place (r. 33)

    Rate
    2.5%
    Base
    Royalty value = gold metal (99.5%+) produced x average London PM fix in AUD for the month of production; first 2,500 oz per gold royalty project per financial year exempt
    Paid by
    Holder of, or applicant for, the mining tenement
    Collected by
    Commissioner of State Revenue (WA)
    Primary lawNot recordedOCR

    Legal basis: Mining (Royalties) Regulations 2025 (WA), rr. 9, 10, 13(2)(a), 14, 21, 22, 30-33; Sch 1 Div 2

Controls

  • Buying or selling bullion (gold, silver, platinum or palladium as a bar, coin, ingot, plate, wafer or like form, bearing a mark guaranteeing fineness and traded by reference to the spot price) in the course of carrying on a bullion-dealing business is a designated service: enrolment, AML/CTF program, customer due diligence (not required where the retail value of the bullion is under $5,000 and there is no enhanced due diligence obligation, s.39E item 11), threshold and suspicious matter reports

    Kind
    Anti-money laundering
    Primary lawNot recordedBlocked

    Legal basis: AML/CTF Act 2006, s.5 (bullion); s.6(3) table 2 item 1; ss.39E, 41, 43, 51B

  • Buying or selling precious metal (gold, silver, platinum-group metals, or an alloy with at least 2% of them, manufactured or not), precious stones or precious products in the course of carrying on a business, where the purchase involves physical currency and/or virtual assets totalling $10,000 or more (single or linked transactions), is a designated service. In force from 31 Mar 2026; programs, customer due diligence, reporting and record keeping apply to it from 1 Jul 2026; dealers who started before 1 Jul 2026 had to enrol by 29 Jul 2026. Purchases paid only by other means (e.g. bank transfer) are outside the item.

    Kind
    Anti-money laundering
    Threshold
    $10,000 in physical currency and/or virtual assets
    Valid from
    2026-03-31
    Primary lawNot recordedBlocked

    Legal basis: AML/CTF Act 2006 as amended by the AML/CTF Amendment Act 2024, s.5A; s.6(3) table 2 item 2; Amendment Act s.2 and Sch 3 Pt 4 items 11-12

  • Export markets accept Australian bars through the refiner's LBMA Good Delivery listing and exchange accreditations (CME, SGE, OSE, DGCX for the Perth Mint).

    Kind
    Bar standard
    Industry practiceNot recorded
  • No economy-wide cap on cash payments was found. Reporting entities must report threshold transactions (transfers of $10,000 or more in physical currency) to AUSTRAC within 10 business days (s.43; s.5). Moving monetary instruments worth $10,000 or more into or out of Australia must be reported (s.53); monetary instruments are physical currency, bearer negotiable instruments and things prescribed by the AML/CTF Rules - bullion is not among them, so gold crossing the border is declared through customs entries, not a s.53 report.

    Kind
    Cash limit
    Threshold
    $10,000 (reporting, not a limit)
    Primary lawNot recorded

    Legal basis: AML/CTF Act 2006, ss.5, 43, 53

    Researcher's note: [inferred] No general cash-payment limit: none in the AML/CTF Act; other statutes not searched. Bullion not a monetary instrument: the Rules 2025 (compilation 1) were searched and prescribe no such thing.

  • No foreign-exchange control or repatriation requirement on gold export proceeds was identified.

    Kind
    Currency control
    Unverified

    Researcher's note: [not-read] No foreign-exchange or repatriation control on gold proceeds was found; the Banking (Foreign Exchange) Regulations 1959 were not obtained in this pass.

    No source recorded
  • No export permit or licence for gold (it is not a prohibited export). The owner must enter goods for export by an export declaration and may not load them without an authority to deal (export entry advice); consignments with an FOB value of $2,000 or less are exempt unless a permission is required. If goods are not exported within 30 days of the intended day, the entry must be withdrawn or amended within 7 days.

    Kind
    Other
    Threshold
    FOB value above $2,000
    Primary lawNot recorded

    Legal basis: Customs Act 1901, ss.113(1)-(2A), 113AA, 114, 114C, 116

    Researcher's note: [inferred] "No export permit" rests on the absence of any gold item in the Prohibited Exports Regulations and on the ABF requirements page.

  • Origin and CAHRA due diligence on supplies is imposed on Australian refiners by the LBMA RGG as a Good Delivery condition, not by Australian statute.

    Kind
    Conflict-area due diligence
    SecondaryNot recorded

    Researcher's note: No Australian statute on refiner origin checks was found.

  • Importing, purchasing or transporting gold (HS 7108) that was exported from Russia after 30 Sep 2022 is a sanctioned import (Designation Sch 1 item 16; AS Regulations reg 4A(1)-(3)) and an offence unless authorised by a permit of the Minister for Foreign Affairs under reg 18(1)(b) (reg 12A); it extends to using Australian ships or aircraft and to bodies corporate controlling others (reg 12A(3)-(4)); penalty for individuals up to 10 years and/or the greater of 3 times the transaction value or 2,500 penalty units (Act s.16)

    Kind
    Sanctions
    Valid from
    2022-09-30
    Primary lawNot recordedBlocked

    Legal basis: Autonomous Sanctions (Import Sanctioned Goods-Russia) Designation 2022 Sch 1 item 16; Autonomous Sanctions Regulations 2011 regs 4A, 12A, 18; Autonomous Sanctions Act 2011 s.16

  • Supplying, selling or transferring an item of gold, precious metals and diamonds so that it is transferred to the Government of Syria (or its public bodies, agents or controlled entities) is a sanctioned supply, and importing or purchasing such an item from them is a sanctioned import; both are offences without a permit under reg 18

    Kind
    Sanctions
    Primary lawNot recorded

    Legal basis: Autonomous Sanctions Regulations 2011, regs 4(4), 4A(4), 12, 12A, 18

Trade flows

  • The Perth Mint received 195.8 t of gold from resources-industry customers in 2025-26; stated capacity over 800 t of gold a year.

    Figures: 195.8 t (2025-26)

    Industry practiceNot recorded
  • About 100 t of Perth Mint gold bars affected by the doping went mostly to the Shanghai Gold Exchange, its largest customer.

    Figures: ~100 t (2018-2021)

    SecondaryNot recorded

Where practice departs from the law

What credible sources show happening that the law does not provide for.

  • [conflict] Two ATO views in the same FOI release disagree on s.38-385 for gold refined from scrap: an earlier ATO GST advice letter (Deputy Commissioner, pp.7-10) says a refiner who buys already-refined precious metal and re-refines it makes a "second or subsequent supply", input taxed; the 27 Nov 2013 ATO paper (Brysland, pp.1-6) concludes that the first supply of precious metal refined from scrap is GST-free if the other s.38-385 conditions are met, the text being "the first supply of that precious metal after its refining". The model follows the words of s.38-385 (read in the Act) and the later paper; GSTR 2003/10 is not held. Affects au.tax-gst-first-supply, au.st-06.

    Official guidanceNot recordedOCR
  • An AUSTRAC-ordered external audit (Nov 2022-Jul 2023) found AML/CTF compliance shortcomings at the Perth Mint; it entered an enforceable undertaking in Nov 2023 with no fine, with its remediation program due to finish by 30 Apr 2025.

    SecondaryNot recorded
  • From 2018 to Sep 2021 the Perth Mint deliberately added silver and copper to bars so that they sat at the bottom of the 99.99% SGE specification, saving up to $620,000 a year; about 100 t was affected. LBMA (Apr 2023) found no zero-tolerance non-conformance and kept the listing with a corrective action plan.

    SecondaryNot recorded

What we could not obtain

Documents the research needed and could not get, where they might be, and why.

  • AUSTRAC guidance pages (bullion dealers; precious metals designated services; AML/CTF reform) and the DFAT Russian-gold notice are not held; the facts now rest on the Acts and instruments held.

    Missing document
    AUSTRAC bullion dealers guidance; AUSTRAC precious metals, stones and products designated services page; DFAT news 30 Sep 2022
    Where it might be
    https://www.austrac.gov.au/business/industry-specific-guidance/bullion-dealers ; https://www.dfat.gov.au/news/news/russia-australia-prohibits-import-russian-gold
    Why not obtained
    curl error from the Mac host for austrac.gov.au and dfat.gov.au in every queue (dl2, retry, au-1, au-4); listed in laws/_work/au-requests.md.
  • Who issues certificates of origin for Australian gold exports (e.g. chambers of commerce) and in what form; the Customs Act (Divisions 4J, 4K, 4M) only provides record keeping and verification for preferential-origin claims.

    Where it might be
    https://www.dfat.gov.au/trade/agreements (FTA portal); Australian Chamber of Commerce and Industry
    Why not obtained
    DFAT pages refuse the Mac-host download (curl error) and intermittently refuse the reading tool (robots.txt failure); the session web-search budget was exhausted.
  • Whether any foreign-exchange or repatriation rule applies to gold export proceeds (Banking (Foreign Exchange) Regulations 1959).

    Missing document
    Banking (Foreign Exchange) Regulations 1959 (Cth)
    Where it might be
    https://www.legislation.gov.au/
    Why not obtained
    Register id not known and the session web-search budget was exhausted; to be fetched in the next pass.
  • The ATO public ruling on precious metal (GSTR 2003/10: meaning of "investment form") and ATO private ruling 1012083063765 (GST on importing bullion) are not held; the GST Act itself is now held and read.

    Missing document
    GSTR 2003/10; ATO edited private ruling 1012083063765
    Where it might be
    https://www.ato.gov.au/law/view/document?docid=GST%2FGSTR200310%2FNAT%2FATO%2F00001 ; https://www.ato.gov.au/law/view/pdf/pbr/gstr2003-010.pdf ; https://www.ato.gov.au/law/view/print?DocID=EV/1012083063765&PiT=99991231235958
    Why not obtained
    403 bot challenge from the ATO legal database to the Mac-host download (queues dl2, retry, au-1); listed in laws/_work/au-requests.md for a browser download.
  • Customs Tariff Act 1995 (Schedule 3 and Schedule 4) not held: the gold duty rate is read on the ABF page, and Schedule 4 concession items that could make some imports of dore non-taxable for GST (GST Act s.42-5) were not read.

    Missing document
    Customs Tariff Act 1995 (Cth), current compilation (Schedules 3 and 4)
    Where it might be
    https://www.legislation.gov.au/ (Acts, "Customs Tariff Act 1995")
    Why not obtained
    The Register id guessed in queue au-4 (C2004A04941) returned the Register home page; the web-search budget of this session was exhausted before the right id could be found.
  • Which Australian refiners besides the Perth Mint are on the LBMA gold Good Delivery List.

    Where it might be
    https://www.lbma.org.uk/good-delivery/gold-current-list
    Why not obtained
    LBMA list table did not render in the r1 fetch; not retried in the laws pass (LBMA is a private standard, not an Australian legal document).
  • NSW royalty law text (Mining Act 1992 royalty provisions; Mining Regulation 2016 royalty rates).

    Missing document
    Mining Act 1992 (NSW) No 29; Mining Regulation 2016 (NSW) (sl-2016-0498)
    Where it might be
    https://legislation.nsw.gov.au/view/pdf/inforce/current/act-1992-029 ; https://legislation.nsw.gov.au/view/pdf/inforce/current/sl-2016-0498
    Why not obtained
    legislation.nsw.gov.au returns a bot challenge (403) to the Mac-host download for the PDF, export-PDF and export-XML addresses (queues au-1, au-4); listed in laws/_work/au-requests.md.

Routes through Australia

Country pairs

Sources

Every source this country's research cites, with how much of it was read and how.