Document ID: chunk:federal_register_of_legislation:C2025C00126:section:4:p35
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 4 (pt 35/42)
Character Range: 510893–513802

GST payable on the taxable supply; and
 (c) any changes made to those payments were a change in the consideration for the supply.

Subdivision 80‑B—Nominal defendant settlement sharing arrangements

80‑40  Meaning of nominal defendant settlement sharing arrangement etc.

Meaning of nominal defendant settlement sharing arrangement
 (1) A nominal defendant settlement sharing arrangement is an arrangement:
 (a) that relates to an accident or other incident or 2 or more related accidents or other incidents; and
 (b) to which the parties are *operators of a *compulsory third party scheme, where they are parties because the person involved in the accidents or incidents was not covered under an *insurance policy; and
 (c) under which:
 (i) one party (the managing operator) is to make one or more payments or supplies in settlement of a claim, under the compulsory third party scheme, relating to the accidents or incidents; and
 (ii) the other party, or one or more of the other parties, (each being a contributing operator) is to make a payment to the *managing operator in respect of that operator settling the claim.

Meaning of managing operator's payment or supply
 (2) If a payment or supply mentioned in subparagraph (1)(c)(i) is not a *CTP ancillary payment or supply, it is a managing operator's payment or supply.

Meaning of contributing operator's payment
 (3) A payment mentioned in subparagraph (1)(c)(ii), to the extent that it is not a fee to the *managing operator for managing the process of making settlements under the arrangement, is a contributing operator's payment.

80‑45  Nominal defendant settlement sharing arrangements to which this Subdivision applies
  This Subdivision applies to a *nominal defendant settlement sharing arrangement if its *managing operator is not a party to a *hybrid settlement sharing arrangement relating to the same accidents or incidents.

80‑50  Effect of becoming parties to industry deeds or entering into nominal defendant settlement sharing arrangements
 (1) An *operator of a *compulsory third party scheme does not make a *taxable supply by:
 (a) entering into, or becoming a party to, a *nominal defendant settlement sharing arrangement to which this Subdivision applies; or
 (b) becoming a party to a deed created by or under a *State law or a *Territory law establishing a compulsory third party scheme, that provides for a nominal defendant settlement sharing arrangement to which this Subdivision applies.
 (2) This section has effect despite section 9‑5 (which is about what are taxable supplies).

80‑55  Effect of contributing operator's payment
 (1) A *contributing operator's payment is not treated as *consideration for a supply by the *managing operator, or for an acquisition by the *contributing operator.
 (2) This section has effect despite section 9‑15 (which is about consideration) and section 11‑5 (which is about what is a