A New Tax System (Goods and Services Tax) Act 1999

Chapter 4 - The special rules  

Part 4-2 - Special rules mainly about supplies and acquisitions  

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.

(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:


(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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