2015-03-03 Planning & Organisation Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 MARCH 2015




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                   3 MARCH 2015

                       (a)    the amount of the expense or outgoing less any input tax credits in
                               respect of the expense or outgoing that the other party is entitled to; and
                       (b)     if the payment by the first party is consideration for a taxable supply, an
                              amount equal to the GST payable by the other party in respect of the
                               payment.
                6.8    Representatives
                       In the event that liability for payment of GST in respect of a supply under this
                       Deed is imposed upon a representative of a supplier, this Clause 6 (Goods and
                       Services tax) shall nonetheless apply and any amounts to be calculated
                       pursuant to this clause 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.
                6.9    Pay As You Go (“PAYG”)
                       PAYG instalments will be deducted from payments to be made to the Claimant
                       if at the time of payment the Claimant has not provided to the Council a valid
                       Australian Business Number or if the Council otherwise reasonably forms the
                       view that deductions are required to be made under Par 2-5 of the Taxation
                       Administration Act 1953.

                7      DEFAULT BY APPLICANT

                7.1    Rights of the Council on default
                       If the Applicant fails to duly perform and fulfil any or all of its obligations in
                       respect of the Infrastructure Contribution, in addition to any other of its rights or
                       remedies at law, the Council may recover from the Applicant the amount of any
                       deficiency in payment or its costs of carrying out or completing any works.
                7.2.   Application of money
                       The Council may apply any sum recovered or received by it pursuant to
                       Clause 7.1 (rights of the council on default) as far as the sum may extend to or
                       towards all or any one or more of the following:
                       (a)     reduction or discharge of the payments or contribution payable by the
                              Owner under this Deed; and
                       (b)     reimbursing itself for the cost of works done and for any damages
                              suffered by it.
                8      NOVATION OF DEED UPON SALE
                8.1    Sale of the Subject Site
                       The Applicant must      not sell or transfer the Subject Site prior to the
                       performance and fulfilment of the Special Conditions as contained in this Deed
                       except subject to the condition that the purchaser (in this clause called “the
                       Purchaser’) shall enter into a deed of novation of this Deed or a replacement
                       Deed with the Council, whereby the Purchaser becomes contractually bound to
                       the Council to perform and comply with the Special Conditions, or such of them
                       as remain unperformed or unfulfilled by the Applicant at the time of such sale.
                8.2.   Applicant to remain liable

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