2016-10-17 GC Agenda - Item 8 - Attachment 2 (Amended) - Statement of Financial Position

       (b)    Unless otherwise expressly stated, all prices or other sums payable or
              consideration to be provided under the Lease are exclusive of GST.

       (c)    Despite any other provision in the Lease, if GST is imposed on any supply made
              under the Lease, the recipient must pay to the supplier an amount equal to the
              GST payable on the taxable supply.

       (d)    The recipient must pay the amount referred to in clause 35(c) in addition to and at
              the same time as payment for the taxable supply is required to be made under the
              Lease.

       (e)    If the amount of GST paid or payable by the supplier on any supply made under
              the Lease differs from the amount of GST paid by the recipient, because the
              Commissioner of Taxation lawfully adjusts the value of the taxable supply for the
              purpose of calculating GST, then the amount of GST paid by the recipient will be
              adjusted accordingly by a further payment by the recipient to the supplier or the
              supplier to the recipient, as the case may be.

       (f)    If the Lease requires a party to reimburse or indemnify the other party for any
              expense, loss or outgoings ("reimbursable expense") the amount required to be
              reimbursed or indemnified by the first party will be the amount of the reimbursable
              expenses net of input tax credits (if any) to which the other party is entitled in
              respect of the reimbursable expense ("net amount") provided that should the
              reimbursement or indemnity be subject to GST, the net amount shall be increased
              in accordance with clause 35(c).

       (g)    A valid tax invoice or adjustment note must be delivered by a supplier to the
              recipient before the supplier is entitled to payment of an amount under clause
              35(c). The recipient can withhold payment of the amount until the supplier
              provides a valid tax invoice or adjustment note as appropriate.

       (h)    The Lessee is authorised to withhold from payments to the Lessor, such amounts
              as are required under the Pay as You Go (PAYG) system.

       (i)    If the Lease requires the calculation of a price by the addition of a percentage
              margin to another rate or price, the percentage shall be applied to the rate or price
              exclusive of GST (or where the rate is expressed as being GST inclusive, then
              less any input tax credit the supplier is entitled to claim in respect of that item).

       (j)    In the event that liability for payment of GST in respect of a supply under the
              Lease is imposed upon a representative of a supplier this clause 35 shall
              nonetheless apply and any amounts to be calculated pursuant to clauses 35(c)
              and 35(e) shall be calculated in all respects as if the supplier was liable for the
              GST imposed on such supply and entitled to input tax credits properly allocated to
              the making of that supply.

35.2   Taxes, Duties and Charges

       The Lessor shall:

       (a)    pay and indemnify the Lessee against all sales tax, customs duties, stamp duties,
              goods and services tax and other duties, charges, taxes or imposts payable in
              connection with the supply of the Services; and

       (b)    provide all security required under any Legal Requirement as security for the
              payment of any duties, charges, taxes or imposts.




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