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 78 - Insurance  

Subdivision 78-F - Miscellaneous  

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78-110   Effect of judgments and court orders  

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If:

(a) an entity makes one or more of the following:

(i) a payment of *money;

(ii) a payment of *digital currency;

(iii) a supply;

in compliance with a judgment or order of a court relating to:

(iv) a claim under an *insurance policy; or

(v) a claim by an insurer in exercising rights of subrogation in respect of an insurance policy; or

(vi) a claim for compensation under a *statutory compensation scheme; and

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(b) had the payment or supply been made in the absence of such a judgment or order, it would have been a payment or supply made in settlement of the claim;

the payment or supply is treated as having been made in settlement of the claim.

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History

S 78-110 amended by No 118 of 2017, s 3 and Sch 1 item 11, by substituting para (a), effective 1 July 2017. For application provision, see note under the definition of " digital currency " in s 195-1 . Para (a) formerly read:

(a) in compliance with a judgment or order of a court relating to:

(i) a claim under an *insurance policy; or

(ii) a claim by an insurer in exercising rights of subrogation in respect of an insurance policy; or

(iii) a claim for compensation under a *statutory compensation scheme;

an entity makes a payment of *money, makes a supply, or makes both a payment of money and a supply; and

S 78-110 inserted by No 177 of 1999, s 3 and Sch 1 item 95, effective 1 July 2000.

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