Document ID: chunk:federal_register_of_legislation:C2025C00126:section:4:p18
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 4 (pt 18/42)
Character Range: 468562–471215

(ca) those payments that that entity makes or is liable to make are treated as a premium it has paid; and
 (d) the supply of membership of, or participation in, the scheme is treated as the supply of an *insurance policy.
 (3) However, if the entity treated as the entity insured:
 (a) is liable to make payments referred to in paragraph (2)(c); and
 (b) has not made all those payments;
for the purposes of sections 78‑10 and 78‑15, the entity's entitlement to an input tax credit for the premium paid is taken to be what its entitlement would have been if it had made all those payments.

78‑105  Meaning of statutory compensation scheme
  A statutory compensation scheme is a scheme or arrangement:
 (a) that is established by an *Australian law; and
 (b) under which compensation is payable for particular kinds of injury, loss or damage; and
 (c) that is specified in the regulations, or that is of a kind specified in the regulations;
but does not include a *compulsory third party scheme.
Note: Divisions 79 and 80 deal with compulsory third party schemes.

Subdivision 78‑F—Miscellaneous

78‑110  Effect of judgments and court orders
  If:
 (a) an entity makes one or more of the following:
 (i) a payment of *money;
 (ii) a payment of *digital currency;
 (iii) a supply;
  in compliance with a judgment or order of a court relating to:
 (iv) a claim under an *insurance policy; or
 (v) a claim by an insurer in exercising rights of subrogation in respect of an insurance policy; or
 (vi) a claim for compensation under a *statutory compensation scheme; and
 (b) had the payment or supply been made in the absence of such a judgment or order, it would have been a payment or supply made in settlement of the claim;
the payment or supply is treated as having been made in settlement of the claim.

78‑115  Exclusion of certain Commonwealth, State or Territory insurance schemes
  This Division (other than sections 78‑5 and 78‑95) does not apply to an *insurance policy, or to a payment or supply made in settlement of a claim made under an insurance policy, if:
 (a) the policy was supplied under a scheme for insurance, or a *statutory compensation scheme, established by an *Australian law; and
 (b) that scheme is of a kind specified in the regulations.

78‑118  Portfolio transfers
 (1) If an insurer (the first insurer) enters into an arrangement, in the nature of a portfolio transfer, with another insurer for the other insurer:
 (a) to act as the insurer in relation to an *insurance policy; or
 (b) to meet the first insurer's liabilities arising under an insurance policy;
subsection 38‑60(1) and this Division apply, from the time the