Development Application part 2 OF 2 All of CD, Information in notes - MCU12/0216

 

27 November 2009]

QUEENSLAND GOVERNMENT GAZETTE No. 89 981

 

(a) Except where the context suggests
otherwise, terms used in this clause have
the meanings given to those terms by the
A New Tax System (Goods and Services
Tax) Act 1999 (as amended from time to
time).

(b) Any part of a supply that is treated as a
separate supply for GST purposes
(including attributing GST payable to tax
periods) will be treated as a separate
supply for the purposes of this clause.

(c) Any reference in this clause to GST
payable by an entity includes any GST
payable by the representative member of
any GST group of which that entity is a
member, Any reference in this clause to
input tax credits to which an entity is
entitled will include input tax credits to
which the representative member of any
GST group of which that entity is a
member is entitled,

12.2 Reimbursements and similar payments

Any payment or reimbursement required to be made
under this Easement for a cost, expense, or other
amount paid or incurred will be limited to the total
cost, expense or amount less the amount of any
input tax credit to which an entity is entitled for the
acquisition to which the cost, expense or amount
relates.

12.3. GST payable

If GST is payable in relation to a supply made
under or in connection with this Easement then:

(a) any party ("Recipient") that is required to
provide consideration to another party
("Supplier") for that supply must pay an
additional amount to the Supplier equal to
the amount of GST payable on the supply;

(b) the additional amount is payable at the
same time as any of the consideration is to
be first provided for the supply or, if later,
after the Supplier provides a valid tax
invoice to the Recipient.

12.4 Variation

If the GST payable in relation to a supply made
under or in connection with this Easement varies
from the additional amount paid by the Recipient
under clause 12.3 in relation to that supply then the
Supplier will provide a corresponding refund or
credit to, or will be entitled to receive the amount of
that variation from, the Recipient. Any payment,
credit or refund under this paragraph is deemed to

be a payment, credit or refund of the additional
amount payable under clause 12.3.

(SCHEDULE ENDS)