2021-03-15 GC Agenda - Item 9 - Attachment 5 - MCU19-0114 & RAL19 0027 Infrastructure Agreement (44 pages)

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                                       (iii) the exercise or non-exercise of a right, including for the actual or
                                             contemplated enforcement or preservation of a right, waiver,
                                             release, indemnity, discharge or charge under this document.


                17.         GST
                17.1        Construction of this clause
                            In this clause 19:
                            (a)        a word has the meaning in the GST Act; and
                            (b)        a reference to GST payable and an input tax credit entitlement include
                                       the GST payable by, and the input tax credit entitlement of, the
                                       representative member for a GST group of which the entity is a member.
                17.2        Payment of GST
                            (a)        If a party or an entity through which that party acts (Supplier) is liable
                                       to pay GST on a supply made under or in connection with this
                                       document, the recipient is to pay to the Supplier an amount equal to the
                                       GST payable by the Supplier.
                            (b)        The recipient is to pay the amount stated in paragraph (a) in addition to
                                       and at the same time that the consideration for the supply is to be
                                       provided under this document.
                            (c)        The Supplier is to deliver a tax invoice or an adjustment note to the
                                       recipient before the Supplier is entitled to the payment of the amount
                                       stated in paragraph (a).
                            (d)        The recipient may withhold the payment of the amount stated in
                                       paragraph (a) until the Supplier provides a tax invoice or an adjustment
                                       note, as appropriate.
                            (e)        If an adjustment event arises in respect of a taxable supply made by a
                                       Supplier under this document, the amount payable by the recipient is to
                                       be recalculated to reflect the adjustment event and a payment is to be
                                       made by the recipient to the Supplier or by the Supplier to the recipient
                                       as the case requires.
                            (f)        The parties are to do all things including producing a tax invoice and
                                       other documents which may be necessary or desirable to enable or help
                                       the other party to claim an input tax credit, set-off, rebate or refund for
                                       an amount of GST for a supply under this document.
                17.3        Reimbursable cost
                            If a party is required to pay for a cost of another party (Reimbursable Cost),
                            the amount to be paid is the amount of the Reimbursable Cost net of an input
                            tax credit or reduced input tax credit to which the other party is entitled for
                            the Reimbursable Cost.




Document Set ID: 21379346
Version: 1, Version Date: 27/01/2021