Document ID: chunk:federal_register_of_legislation:C2010C00583:clause:11_18:p17
Version: federal_register_of_legislation:C2010C00583
Segment Type: clause
Provision Reference: sch 11 cl 18 (pt 17/18)
Character Range: 144534–147472

to the extent that they are payments of excess to which section 78‑18 or 79‑55 applies).

80‑75  Adjustment events relating to managing operator's payment or supply

  Division 19 applies in relation to an *increasing adjustment that the *managing operator has under section 80‑70 as a result of the making of a *managing operator's payment or supply as if:
 (a) the *contributing operator's payment were *consideration for a *taxable supply made by the managing operator; and
 (b) the adjustment were the GST payable on the taxable supply; and
 (c) any changes made to those payments were a change in the consideration for the supply.

Subdivision 80‑C—Hybrid settlement sharing arrangements

80‑80  Meaning of hybrid settlement sharing arrangement etc.

Meaning of hybrid settlement sharing arrangement

 (1) A hybrid settlement sharing arrangement is an arrangement:
 (a) that relates to an accident or other incident or 2 or more related accidents or other incidents; and
 (b) to which the parties are:
 (i) an entity that is the *managing operator of a *nominal defendant settlement sharing arrangement, or entities that are managing operators of nominal defendant settlement sharing arrangements, that relate to the accidents or incidents; and
 (ii) an *operator or operators of a *compulsory third party scheme or schemes who have issued *insurance policies to owners or drivers involved in the accidents or incidents; and
 (c) under which:
 (i) one party (the managing operator) is to make one or more payments or supplies in settlement of a claim, under the compulsory third party scheme or one of the compulsory third party schemes involved, relating to the accidents or incidents; and
 (ii) each other party (a contributing operator) is to make a payment to the *managing operator in respect of that operator settling the claim.

Meaning of managing operator's payment or supply

 (2) If a payment or supply mentioned in subparagraph (1)(c)(i) is not a *CTP ancillary payment or supply, it is a managing operator's payment or supply.

Meaning of contributing operator's payment

 (3) A payment mentioned in subparagraph (1)(c)(ii), to the extent that it is not a fee to the *managing operator for managing the process of making settlements under the arrangement, is a contributing operator's payment.

80‑85  Subdivision 80‑A to apply to hybrid settlement sharing arrangement, subject to exceptions

  In addition to its operation apart from this Subdivision, Subdivision 80‑A has effect, subject to sections 80‑90 and 80‑95, as if a *hybrid settlement sharing arrangement were an *insurance policy settlement sharing arrangement.

80‑90  Subdivision 80‑B to apply to payments or supplies by managing operator of hybrid settlement sharing arrangement who is also managing operator of nominal defendant settlement sharing arrangement

  If:
 (a) the entity that is the *managing operator of the *hybrid settlement sharing