Document ID: chunk:federal_register_of_legislation:C2025C00126:section:4:p27
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 4 (pt 27/42)
Character Range: 490669–493322

The amount of the increasing adjustment is 1/11 of the amount of the payment of excess.

79‑60  Effect of settlements and payments under compulsory third party schemes
 (1) If an *operator of a *compulsory third party scheme makes a payment under the scheme, it is not treated as *consideration:
 (a) for an acquisition made by the operator; or
 (b) for a supply made to the operator by the entity to whom the payment was made;
to the extent that the payment is a *CTP compensation or ancillary payment or supply.
 (2) If an *operator of a *compulsory third party scheme makes a supply under the scheme:
 (a) it is not a *taxable supply; and
 (b) it is not treated as *consideration for an acquisition made by the operator; and
 (c) it is not treated as *consideration for a supply made to the operator by the entity to whom the supply was made;
to the extent that the supply is a *CTP compensation or ancillary payment or supply.
 (3) This section has effect despite section 9‑5 (which is about what are taxable supplies), section 9‑15 (which is about consideration) and section 11‑5 (which is about what is a creditable acquisition).

79‑65  Taxable supplies relating to recovery by operators of compulsory third party schemes
 (1) If:
 (a) an *operator of a *compulsory third party scheme has made a claim in relation to a *CTP compensation or ancillary payment or supply; and
 (b) the operator's claim is made in exercising rights to recover in respect of that payment or supply; and
 (c) an entity makes one or more of the following in settlement of the operator's claim:
 (i) a payment of *money;
 (ii) a payment of *digital currency;
 (iii) a supply;
the payment or supply mentioned in paragraph (c) is not treated as *consideration for a supply made by the operator (whether or not the payment or supply is made to the operator), or for an acquisition made by the entity making the payment or supply (or payment and supply).
 (2) This section has effect despite section 9‑15 (which is about consideration) and section 11‑5 (which is about what is a creditable acquisition).

79‑70  Adjustment events relating to decreasing adjustments for operators of compulsory third party schemes
 (1) Division 19 applies in relation to a *decreasing adjustment that an *operator of a *compulsory third party scheme has under section 79‑50 as if:
 (a) the adjustment were an input tax credit; and
 (b) either:
 (i) if the adjustment relates to a *CTP compensation payment or supply—the settlement of the claim to which the adjustment relates were a *creditable acquisition that the operator made; or
 (ii) if the adjustment relates to a *CTP ancillary payment