Document ID: chunk:federal_register_of_legislation:C2025C00126:section:7:p30
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 7 (pt 30/63)
Character Range: 316298–319024

Participants in GST joint ventures
 (1) A participant in a *GST joint venture is an entity that:
 (a) became a participant in the joint venture under section 51‑5 or was added to the joint venture under section 51‑70; and
 (b) *satisfies the participation requirements for the joint venture.
 (2) However, the entity is not a participant in the *GST joint venture if the entity has, since the last time the entity became such a participant:
 (a) left, or been removed from, the joint venture under section 51‑70; or
 (b) ceased to *satisfy the participation requirements for the joint venture.
 (3) The *joint venture operator of a *GST joint venture must notify the Commissioner, in the *approved form, if a *participant in the joint venture no longer *satisfies the participation requirements for the GST joint venture.
 (4) The notice must be given within 21 days after the *participant no longer *satisfies the participation requirements for the *GST joint venture.
Note: Section 286‑75 in Schedule 1 to the Taxation Administration Act 1953 provides an administrative penalty for breach of this subsection.

51‑10  Participation requirements of a GST joint venture
  An entity satisfies the participation requirements for a *GST joint venture, or a proposed GST joint venture, if the entity:
 (a) participates in, or intends to participate in, the joint venture; and
 (b) is a party to a joint venture agreement with all the other entities participating in, or intending to participate in, the joint venture; and
 (c) is *registered; and
 (f) accounts on the same basis as all those other participants.

Subdivision 51‑B—Consequences of GST joint ventures

51‑30  Who is liable for GST
 (1) GST payable on any *taxable supply or *taxable importation that the *joint venture operator of a *GST joint venture makes, on behalf of another entity that is a *participant in the joint venture, in the course of activities for which the joint venture was entered into:
 (a) is payable by the joint venture operator; and
 (b) is not payable by the participant.
Note: However, each participant may be jointly and severally liable to pay the GST that is payable by the joint venture operator (see section 444‑80 in Schedule 1 to the Taxation Administration Act 1953).
 (2) However, a supply that the *joint venture operator of a *GST joint venture makes is treated as if it were not a *taxable supply if:
 (a) it is made to another entity that is a *participant in the joint venture; and
 (b) the participant acquired the thing supplied for consumption, use or supply in the course of activities for which the joint venture was entered into.
 (3) This section has effect despite sections 9‑40 and 13‑15 (which are about liability for