Document ID: chunk:federal_register_of_legislation:C2024A00134:clause:1_35:p3
Version: federal_register_of_legislation:C2024A00134
Segment Type: clause
Provision Reference: sch 1 cl 35 (pt 3/10)
Character Range: 25246–27960

the Applicable MNE Group is *GloBE located in a foreign country or part of a foreign country that has a *Qualifying Competent Authority Agreement in effect with Australia for the Fiscal Year; or
 (ii) a *Designated Filing Entity in relation to the *GloBE Information Return in respect of the Applicable MNE Group for the Fiscal Year is GloBE located in a foreign country or part of a foreign country that has a Qualifying Competent Authority Agreement in effect with Australia for the Fiscal Year; and
 (b) the GloBE Ultimate Parent Entity or Designated Filing Entity gives a GloBE Information Return in respect of the Applicable MNE Group for the Fiscal Year to a *foreign government agency of the foreign country or part of the foreign country no later than the time specified in section 127‑60 in relation to the Fiscal Year.
 (2) Each *Group Entity of the *Applicable MNE Group that is required to give a *GloBE Information Return in respect of the Applicable MNE Group for the *Fiscal Year to the Commissioner:
 (a) is taken to give the GloBE Information Return to the Commissioner, in accordance with subsection 127‑5(2), at the time the *GloBE Ultimate Parent Entity or *Designated Filing Entity gives the GloBE Information Return to the *foreign government agency; and
 (b) must give the Commissioner a notice in accordance with subsection 127‑30(1) in respect of the Applicable MNE Group for the Fiscal Year.
 (3) A foreign country or part of a foreign country has a Qualifying Competent Authority Agreement in effect with Australia for a *Fiscal Year if an agreement or arrangement that:
 (a) is between 2 or more competent authorities:
 (i) at least one of which is a competent authority of Australia; and
 (ii) at least one of which is a competent authority of that foreign country or part of a foreign country; and
 (b) provides for the automatic exchange of annual *GloBE Information Returns for the Fiscal Year;
is in effect.

Commissioner may require Group Entity to give GloBE Information Return
 (4) If:
 (a) under subsection (2), a *Group Entity of the *Applicable MNE Group is taken to give a *GloBE Information Return in respect of the Applicable MNE Group for the *Fiscal Year to the Commissioner because the GloBE Information Return is given to a *foreign government agency; and
 (b) the relevant *Qualifying Competent Authority Agreement provides for the GloBE Information Return to be given to the Commissioner by a specified time; and
 (c) that time has passed, but the GloBE Information Return has not been given to the Commissioner under the Qualifying Competent Authority Agreement;
the Commissioner may, by written notice given to the Group Entity, request the Group Entity to give to