A New Tax System (Goods and Services Tax) Act 1999
Chapter 4
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The special rules
Part 4-2
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Special rules mainly about supplies and acquisitions
If:
(a) a judgment or order of a court relates to a claim for compensation under a *compulsory third party scheme; and
(aa) an entity makes one or more of the following in compliance with the judgment or order:
(b) had the payment or supply been made in the absence of such a judgment or order, it would have been a * CTP compensation payment or supply or a CTP ancillary payment or supply;
(2)
If:
(a) a judgment or order of a court relates to a claim by an *operator of a compulsory third party scheme exercising rights to recover from an entity in respect of a settlement made under the scheme; and
(aa) an entity makes one or more of the following in compliance with the judgment or order:
(b) had the payment or supply been made in the absence of such a judgment or order, it would have been a settlement of a claim made in exercising rights to recover from an entity in respect of a settlement made under the scheme;
Note:
The special rules in this Part mainly modify the operation of Part 2-2 , but they may affect other Parts of Chapter 2 in minor ways.
Division 79 - Compulsory third party schemes Subdivision 79-C - Other payments and supplies under compulsory third party schemes 79-90 Effect of judgments and court orders (1)If:
(a) a judgment or order of a court relates to a claim for compensation under a *compulsory third party scheme; and
(aa) an entity makes one or more of the following in compliance with the judgment or order:
(i) a payment of *money;
(ii) a payment of *digital currency;
(iii) a supply; and
(b) had the payment or supply been made in the absence of such a judgment or order, it would have been a * CTP compensation payment or supply or a CTP ancillary payment or supply;
the payment or supply is treated as having been a CTP compensation payment or supply or a CTP ancillary payment or supply.
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If:
(a) a judgment or order of a court relates to a claim by an *operator of a compulsory third party scheme exercising rights to recover from an entity in respect of a settlement made under the scheme; and
(aa) an entity makes one or more of the following in compliance with the judgment or order:
(i) a payment of *money;
(ii) a payment of *digital currency;
(iii) a supply; and
(b) had the payment or supply been made in the absence of such a judgment or order, it would have been a settlement of a claim made in exercising rights to recover from an entity in respect of a settlement made under the scheme;
the payment or supply is treated as having been made in settlement of the operator's claim made in exercising those rights.
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