Chapter 2
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The basic rules
Part 2-2
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Supplies and acquisitions
Division 9
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Taxable supplies
Subdivision 9-A
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What are taxable supplies?
9-15
Consideration
(1)
Consideration
includes:
(a)
any payment, or any act or forbearance, in connection with a supply of anything; and
(b)
any payment, or any act or forbearance, in response to or for the inducement of a supply of anything.
(2)
It does not matter whether the payment, act or forbearance was voluntary, or whether it was by the *
recipient
of the supply.
(2A)
It does not matter:
(a)
whether the payment, act or forbearance was in compliance with an order of a court, or of a tribunal or other body that has the power to make orders; or
(b)
whether the payment, act or forbearance was in compliance with a settlement relating to proceedings before a court, or before a tribunal or other body that has the power to make orders.
History
S 9-15(2A) inserted by No 177 of 1999, s 3 and Sch 1 item 1, effective 1 July 2000.
(2B)
For the avoidance of doubt, the fact that the supplier is an entity of which the *
recipient
of the supply is a member, or that the supplier is an entity that only makes supplies to its members, does not prevent the payment, act or forbearance from being consideration.
History
S 9-15(2B) amended by No 92 of 2000, s 3 and Sch 11 item 3A, by substituting
"
an entity
"
for
"
a body
"
(wherever occurring), effective 1 July 2000.
S 9-15(2B) inserted by No 177 of 1999, s 3 and Sch 1 item 1, effective 1 July 2000.
(3)
(Repealed by No 75 of 2012)
History
S 9-15(3) repealed by No 75 of 2012, s 3 and Sch 2 item 1, applicable, and taken to have applied, from 1 July 2012. S 9-15(3) formerly read:
(3)
However:
(a)
if a right or option to acquire a thing is granted, then:
(i)
the consideration for the supply of the thing on the exercise of the right or option is limited to any additional consideration provided either for the supply or in connection with the exercise of the right or option; or
(ii)
if there is no such additional consideration
-
there is no consideration for the supply; and
(b)
making a gift to a non-profit body is not the provision of consideration; and
(c)
a payment made by a *government related entity to another government related entity is not the provision of consideration if the payment is specifically covered by an appropriation under an *Australian law.
S 9-15(3) amended by No 177 of 1999, s 3 and Sch 1 item 2, by substituting
"
a *government related entity to another government related entity
"
for
"
an *Australian government agency to another Australian government agency
"
in para (c), effective 1 July 2000.
S 9-15(3) amended by No 176 of 1999, s 3 and Sch 1 item 5, by substituting
"
making
"
for
"
a payment made as
"
in para (b), effective 1 July 2000.