Document ID: chunk:federal_register_of_legislation:C2010C00583:clause:11_18:p14
Version: federal_register_of_legislation:C2010C00583
Segment Type: clause
Provision Reference: sch 11 cl 18 (pt 14/18)
Character Range: 136494–139374

80‑25  Contributing operator's payment

 (1) For the purposes of Divisions 78 and 79, a *contributing operator's payment is treated as follows.

 (2) If the *contributing operator is a party to the *insurance policy settlement sharing arrangement because it issued only one *insurance policy, the *contributing operator's payment is treated as a payment or supply, made by the contributing operator, in settlement of a claim relating to the accidents or incidents, under that insurance policy.

Example: Assume the same facts as in the example in section 80‑20. The contributing operator who issued 1 of the 3 policies covering the vehicles in the accident makes a payment to the managing operator.

For the purposes of Division 78 or 79, the payment (except to the extent that it represents a managing operator's fee) will be treated as being made by the contributing operator under the insurance policy that it issued.

 (3) If the *contributing operator is a party to the *insurance policy settlement sharing arrangement because it issued 2 or more *insurance policies, the *contributing operator's payment is treated as a payment or supply, made by the contributing operator, in settlement of a claim relating to the accidents or incidents, under the insurance policies, and for that purpose is divided among the policies in equal proportions.

80‑30  Managing operator's increasing adjustment where contributing operator's payment

 (1) If:
 (a) a *contributing operator's payment is made; and
 (b) as a result of section 80‑20, there was a *decreasing adjustment for the *managing operator under Division 78 or 79 in relation to the *managing operator's payment or supply;
there is an increasing adjustment for the managing operator of the following amount:

Managing operator's settlement amount

 (2) The managing operator's settlement amount mentioned in subsection (1) is worked out using this method statement.

      Method statement
           Step 1. Add together:

                (a) the sum of the payments of *money (if any) that are included in the *managing operator's payment or supply; and
                (b) the *GST inclusive market value of the supplies (if any) that are included in the *managing operator's payment or supply (other than supplies that would have been *taxable supplies but for section 78‑25 or 79‑60).

           Step 2. If, in relation to the *managing operator's payment or supply, any payments of an excess were made to the *managing operator, subtract from the step 1 amount the sum of all those payments (except to the extent that they are payments of excess to which section 78‑18 or 79‑55 applies).

Example: Assume the same facts as in the examples in sections 80‑20 and 80‑25. Assume also that, as a result of section 80‑20, there was a decreasing adjustment under Division 78 or 79 for the managing operator's payment or