Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_3:p7
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 7/15)
Character Range: 534887–537583

to pay the *GST on the supply; and
 (ii) the amount that the other entity will be required to pay to the Commissioner under section 14‑250 in relation to the supply; and
 (iii) when the other entity will be required to pay that amount; and
 (iv) if some or all of the *consideration for the supply will not be expressed as an amount of *money—the *GST inclusive market value of so much of the consideration as will not be expressed as an amount of money; and
 (v) such other matters as are specified in the regulations.
 (2) However, subsection (1):
 (a) does not apply to a supply of *commercial residential premises; and
 (b) does not apply to a supply of *potential residential land to another entity if the other entity:
 (i) is registered (within the meaning of the *GST Act); and
 (ii) acquires the land for a *creditable purpose.
 (3) To avoid doubt, a failure to comply with subsection (1) does not affect the other entity's obligation to make a payment under section 14‑250.

Strict liability offence
 (4) You must not fail to give a notice required under this section.
Penalty: 100 penalty units.
 (5) An offence against subsection (4) is a strict liability offence.
Note: For strict liability, see section 6.1 of the Criminal Code.

Administrative penalty
 (6) You are liable to pay the Commissioner a penalty of 100 penalty units if you fail to give a notice required under this section.
Note: Division 298 contains machinery provisions for administrative penalties.
 (7) However, you are not liable to a penalty for failing to meet the requirements of paragraph (1)(b) in relation to a supply if, at the time you gave the notice, you reasonably believed that you were not required to meet those requirements in relation to that supply.

Division 15—Working out the amount to withhold

Table of Subdivisions
 Guide to Division 15
15‑A Working out how much to withhold
15‑B Withholding schedules and regulations
15‑C Declarations

Guide to Division 15

15‑1  What this Division is about

      This Division is mainly about how to work out how much an entity must withhold under Division 12.
      In most cases, the entity will need to use either the Commissioner's withholding schedules or the regulations.
      The entity will also need to take into account a TFN declaration or declaration under section 15‑50 it has been given because, under the schedules and regulations, the declaration may affect how to calculate the amount to withhold.
      This Division also deals with when an individual can make such a declaration (other than a TFN declaration) so as to change the amount that must be withheld from payments to the individual.

Subdivision 15‑A—Working out how much to