Western Australian Current Acts

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TRANSPORT (ROAD PASSENGER SERVICES) ACT 2018 - SECT 233

233 .         Provisions relating to determining buyback payments

        (1)         An amount of Hardship Fund payment is to be deducted under section 231 or 232 only to the extent that the deduction results in the buyback payment being reduced to zero.

        (2)         If an amount of Hardship Fund payment has already been deducted for a buyback payment or net loss payment for 1 or more other sets of taxi plates of which an applicant for the buyback payment was an eligible owner (buyback) or an eligible former owner, the Hardship Fund payment referred to in section 231(2) or 232(2) is the balance of the Hardship Fund payment remaining after that deduction or those deductions.

        (3)         If an eligible owner (buyback) of the taxi plates would be liable to pay GST in relation to a buyback payment determined in accordance with section 231(2) or 232(2), the amount of the buyback payment is to be increased by an amount equivalent to the GST liability relevant to the payment.

        (4)         If a joint application is made for a buyback payment in relation to taxi plates and a Hardship Fund payment was paid to one or more of the applicants, the CEO, in determining the buyback payment under section 231 or 232

            (a)         may apportion the buyback payment among the applicants according to their respective interests without deducting any Hardship Fund payment; and

            (b)         may then deduct any Hardship Fund payment from the portion of each person who received the payment to determine the final buyback payment payable to that person.



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