Western Australian Current Acts

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TRANSPORT (ROAD PASSENGER SERVICES) ACT 2018 - SECT 239

239 .         Provisions relating to determining net loss payments

        (1)         An amount of Hardship Fund payment is to be deducted under section 237 or 238 only to the extent that the deduction results in the net loss payment being reduced to zero.

        (2)         If an amount of Hardship Fund payment has already been deducted for a net loss payment or buyback payment for 1 or more other sets of taxi plates of which an applicant for the net loss payment was an eligible former owner or eligible owner (buyback), the Hardship Fund payment referred to in section 237(2) or 238(2) is the balance of the Hardship Fund payment remaining after that deduction or those deductions.

        (3)         If the eligible former owner of taxi plates would be liable to pay GST in relation to a net loss payment determined in accordance with section 237(2) or 238(2) the amount of the net loss 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 net loss payment and a Hardship Fund payment was paid to one or more of the applicants, the CEO, in determining the net loss payment under section 237 or 238

            (a)         may apportion the net loss 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 net loss payment payable to that person.



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