(1) For paragraph 11C(3)(a) of the Act, the amount mentioned in subsection 11C(1) of the Act is payable only if the following conditions are satisfied:
(a) the person who acquired the services is subject to an agreement in writing between the ICRC and the Commonwealth to repay to the Commonwealth the amount worked out under subsection (2) if the person assigns the services to another person (except to another person entitled to an indirect tax concession under this regulation or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;
(b) if the person has breached a previous agreement under paragraph (a)--the person complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the person complies with the agreement.
(2) For paragraph (1)(a), the amount to be repaid is the amount paid under section 11C of the Act in relation to the acquisition.
(3) The amount mentioned in subsection 11C(1) of the Act is not payable if:
(a) an amount was payable for a similar acquisition; and
(b) the Minister tells the person in writing that, in his or her opinion, the person's reasonable needs were met by that acquisition.
(4) In this regulation: