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

35.3   ABN withholding

       (a)   Where the Lessee may become obliged under any Legal Requirement to withhold
             any amount on account of tax or other imposts from any amount payable to the
             Lessor under or in connection with the Lease unless certain conditions (including
             without limitation the provision by the Lessor of an Australian Business Number)
             are met, the Lessee may withhold the amount required to be withheld under the
             law or Legal Requirement until the Lessee is satisfied in its reasonable opinion
             that all the relevant conditions have been satisfied.

       (b)   If the Lessee for any reason becomes liable to pay an amount referred to in
             clause 35.3(a):

             (i)    the amount paid by the Lessee to Authority shall be taken to have been
                    paid by the Lessee to the Lessor on account of and in satisfaction of
                    amounts payable under the Lease; and

             (ii)   if the amount paid by the Lessee exceeds any amounts payable by the
                    Lessee to the Lessor under the Lease, the amount of the excess shall be
                    a debt due from the Lessor to the Lessee.




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