Document ID: chunk:federal_register_of_legislation:C2025C00126:clause:3_4:p2
Version: federal_register_of_legislation:C2025C00126
Segment Type: clause
Provision Reference: sch 3 cl 4 (pt 2/5)
Character Range: 785890–788540

elect to pay GST by instalments; and
 (b) this subsection had not applied to you before; and
 (c) your *current GST lodgment record is not more than 6 months;
you must make your election on or before the first day, after becoming eligible under section 162‑5, on which you would, but for this Division, be required under section 31‑8 to give a *GST return to the Commissioner.
 (3) The Commissioner may, in accordance with a request you make in the *approved form, allow you to make your election on a specified day occurring after the day provided for under subsection (1) or (2).
Note: Refusing a request to be allowed to make an election on a specified day under this subsection is a reviewable GST decision (see Subdivision 110‑F in Schedule 1 to the Taxation Administration Act 1953).

162‑30  Duration of your election

General rule
 (1) Your election ceases to have effect if:
 (a) you revoke it, by notifying the Commissioner in the *approved form; or
 (b) the Commissioner disallows it under subsection (3); or
 (c) in a case to which subparagraph 162‑5(1)(a)(i) applied—you are not a *small business entity of the kind referred to in that subparagraph for an *income year; or
 (ca) in a case to which subparagraph 162‑5(1)(a)(ii) applied—on 31 July in a *financial year, you do not satisfy the requirements of that subparagraph; or
 (d) during a financial year, you become a *limited registration entity; or
 (e) in a case where you are the *representative member of a *GST group—the membership of the GST group changes.
Your election also ceases to have effect at the end of your tax period under subsection 27‑39(1), at the end of your concluding tax period under section 27‑40, or at the end of a tax period applying to you to which subsection 162‑85(1) applies.

Revocation
 (2) A revocation of your election is taken to have had, or has, effect:
 (a) if you notify the Commissioner on or before 28 October in a *financial year—from the start of that financial year; or
 (b) if you notify the Commissioner after 28 October in a financial year—from the start of the next financial year.

Disallowance
 (3) The Commissioner may disallow your election if, and only if, the Commissioner is satisfied that you have failed to comply with one or more of your obligations under a *taxation law.
Note: Disallowing your election is a reviewable GST decision (see Subdivision 110‑F in Schedule 1 to the Taxation Administration Act 1953).
 (4) A disallowance of your election is taken to have had effect:
 (a) if the Commissioner notifies you of the disallowance during the *financial year in which your election first took effect—from the start of