Document ID: chunk:federal_register_of_legislation:C2010A00074:clause:1_44:p2
Version: federal_register_of_legislation:C2010A00074
Segment Type: clause
Provision Reference: sch 1 cl 44 (pt 2/5)
Character Range: 38873–41440

venture as a GST joint venture, and did not refuse the application, before that commencement;
then, on the date of effect specified in the application:
 (d) the joint venture is taken to be formed, and its formation is taken to have been notified to the Commissioner, in accordance with section 51‑5 of that Act as amended by this Act; and
 (e) the entities that jointly applied for that approval are taken to be the participants in the joint venture; and
 (f) the entity that was nominated in the application to be the joint venture operator of the joint venture is taken to be the joint venture operator of the joint venture.
(4) If:
 (a) before the commencement of this item, 2 or more entities applied, in accordance with section 51‑5 of the A New Tax System (Goods and Services Tax) Act 1999, for approval of a GST joint venture; and
 (b) the application contained a request (however described) for the Commissioner to decide under section 51‑85 of that Act, as a date of effect of approval of the joint venture, a date occurring before the date of that commencement; and
 (c) the Commissioner did not approve the joint venture as a GST joint venture, and did not refuse the application, before that commencement;
then:
 (d) an application is taken to have been made to the Commissioner, under section 51‑75 of that Act as amended by this Act, for the Commissioner to approve that date of effect as the day on which the formation of the GST joint venture took effect; and
 (e) if the Commissioner decides, under that section as so amended, to approve that day or another day—then, on that day or on that other day:
 (i) the joint venture is taken to have been formed, and its formation is taken to have been notified to the Commissioner, in accordance with section 51‑5 of that Act as so amended; and
 (ii) the entities that jointly applied for approval of the joint venture are taken to be the participants in the joint venture; and
 (iii) the entity that was nominated, in the application for approval of the joint venture, to be the joint venture operator of the joint venture is taken to be the joint venture operator of the joint venture.

Changes to participation etc. in GST joint ventures applied for, but not approved, before commencement
(5) If:
 (a) before the commencement of this item, the joint venture operator of a GST joint venture applied, in accordance with section 51‑70 of the A New Tax System (Goods and Services Tax) Act 1999, for the Commissioner to:
 (i) approve another entity as an additional participant in the joint venture; or
 (ii)