Commonwealth Consolidated Acts

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 105.5

             (1)  You make a taxable supply if:

                     (a)  you supply the property of another entity (the debtor ) to a third entity in or towards the satisfaction of a debt that the debtor owes to you; and

                     (b)  had the debtor made the supply, the supply would have been a * taxable supply.

             (2)  It does not matter whether:

                     (a)  you made the supply in the course or furtherance of an * enterprise that you * carry on; or

                     (b)  you are * registered, or * required to be registered.

             (3)  However, the supply is not a * taxable supply if:

                     (a)  the debtor has given you a written notice stating that the supply would not be a taxable supply if the debtor were to make it, and stating fully the reasons why the supply would not be a taxable supply; or

                     (b)  if you cannot obtain such a notice--you believe on the basis of reasonable information that the supply would not be a taxable supply if the debtor were to make it.

             (4)  This section has effect despite section 9-5 (which is about what is a taxable supply).