Document ID: chunk:federal_register_of_legislation:F2004C00165:body:0:p6
Version: federal_register_of_legislation:F2004C00165
Segment Type: other
Provision Reference: 
Character Range: 12384–15101

the person has received:
 (i) a concession under section 11C of the Act; or
 (ii) an exemption from indirect tax under section 11B of the Act.

 (7) In subparagraphs (5) (b) (i) and (c) (i) and paragraph (6) (b):
exceptional circumstances, in relation to the replacement of a motor vehicle, includes the original vehicle being stolen or damaged beyond repair.

Note   Section 11C of the Act establishes an indirect tax concession scheme that provides for reimbursement by the Commissioner of Taxation of indirect tax payable for acquisitions covered by these Regulations.

11B Indirect tax concession scheme — conditions

 (1) For paragraph 11C (3) (a) of the Act, the amount mentioned in subsection 11C (1) of the Act is payable only if the following conditions are satisfied:
 (a) the person who made the acquisition is subject to an agreement in writing between the United Nations and the Commonwealth to repay to the Commonwealth the amount worked out under subregulation (2) if:
 (i) for a payment in relation to an acquisition of a motor vehicle — the person disposes of the motor vehicle (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 3 years after it was acquired; or
 (ii) for a payment in relation to an acquisition of goods other than a motor vehicle — the person disposes of the goods (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after they were acquired; or
 (iii) for a payment in relation to an acquisition of services or any other acquisition (except an acquisition covered by paragraph 11A (1) (d)) — the person assigns the services to another person (except to another person entitled to an indirect tax concession under these Regulations or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;
 (b) if the person has breached a previous agreement under paragraph (a) — the person complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the person complies with the agreement.

 (2) For subparagraphs (1) (a) (i) and (ii):
 (a) a sale of goods to a finance company as part of a sale and lease-back arrangement is not a disposal of the goods; and
 (b) a person (the first person) is taken to have disposed of goods to which 1 of those subparagraphs applies within the period mentioned in that subparagraph to a person who is not entitled