Document ID: chunk:federal_register_of_legislation:C2010C00685:clause:2_91s
Version: federal_register_of_legislation:C2010C00685
Segment Type: clause
Provision Reference: sch 2 cl 91S
Character Range: 49897–51993

91S  Quote not effective without authorisation

 (1) A quote in relation to a dealing with Part 7A goods is only effective if:
 (a) the person quoting is accredited and the quote is authorised by the Commissioner; or
 (b) the quote is a quote of an exemption declaration, the dealing is not a local entry and the person making the quote intends to use the goods so as to satisfy an exemption item (other than a prescribed exemption item); or
 (c) the dealing is not a local entry and the person making the quote:
 (i) is registered; and
 (ii) is not acquiring the goods for resale; and
 (iii) satisfies the low purchase value test (see subsections (2) and (3)) in relation to that dealing; or
 (d) the quote is made in prescribed circumstances; or
 (e) the person accepting the quote satisfies the Commissioner that he or she was satisfied on reasonable grounds that paragraph (a), (b), (c) or (d) applied.

 (2) For a person to satisfy the low purchase value test in relation to a dealing (the current dealing), the total of the value of:
 (a) the current dealing; and
 (b) all other acquisitions of Part 7A goods for which the person quoted in the 12 months before the current dealing;
must be less than $6,000 or such other amount as is prescribed.

 (3) In addition, the person must have an expectation (based on reasonable grounds) that the total of the value of all acquisitions of Part 7A goods by the person in the 12 months after the current dealing for which the person will quote will be less than $6,000 or such other amount as is prescribed.

 (4) For a person (the seller) to be satisfied that another person (the purchaser) satisfies the low purchase value test in relation to a dealing, the seller must obtain from the purchaser a signed statement, in a form approved in writing by the Commissioner, that the purchaser satisfies the low purchase value test in relation to the dealing.

 (5) A person must not, in relation to any dealing with goods, falsely represent that the person satisfies the low purchase value test in relation to that dealing.

Penalty: 50 penalty units.