Document ID: chunk:federal_register_of_legislation:C2025C00126:section:7:p33
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 7 (pt 33/63)
Character Range: 323705–326376

that has not already ceased when the notice is given; and
 (b) must not be a day occurring earlier than 12 months after the election took effect.

Disallowance of elections
 (5) The Commissioner may disallow the election if the Commissioner is satisfied that the *joint venture operator has a history of failing to comply with the joint venture operator's obligations (either as a joint venture operator or in any other capacity) under a *taxation law.
Note: Disallowing an election is a reviewable GST decision (see Subdivision 110‑F in Schedule 1 to the Taxation Administration Act 1953).
 (6) The disallowance is taken to have had effect from the start of the tax period in which the disallowance occurs.

51‑55  Payments of GST relating to GST joint ventures
 (1) If the *assessed net amount relating to one or more *GST joint ventures for a tax period is greater than zero:
 (a) the *joint venture operator of that GST joint venture or those GST joint ventures must pay that assessed net amount to the Commissioner; and
 (b) Division 33 applies to payment of that amount as if it were a payment the joint venture operator was obliged to make under section 33‑3 or 33‑5 (as the case requires).
 (2) This section has effect despite Division 33 (which is about payments of GST).

51‑60  Refunds relating to GST joint ventures
  If the *assessed net amount relating to one or more *GST joint ventures for a tax period is less than zero, the Commissioner must, on behalf of the Commonwealth, pay that assessed net amount (expressed as a positive amount) to the *joint venture operator of that GST joint venture or those GST joint ventures.
Note 1: See Division 3A of Part IIB of the Taxation Administration Act 1953 for the rules about how the Commissioner must pay the operator. Division 3 of Part IIB allows the Commissioner to apply the amount owing as a credit against tax debts that the operator owes to the Commonwealth.
Note 2: Interest is payable under the Taxation (Interest on Overpayments and Early Payments) Act 1983 if the Commissioner is late in refunding the amount.

Subdivision 51‑C—Administrative matters

51‑70  Changing the participants etc. of GST joint ventures
 (1) The following actions may be taken in relation to a *GST joint venture:
 (a) the *joint venture operator of the joint venture may, with the written agreement of an entity that *satisfies the participation requirements of the GST joint venture, add the entity to the joint venture;
 (b) the joint venture operator may:
 (i) if the joint venture operator is a *participant in the joint venture—leave the joint venture; or
 (ii) remove from the joint venture a participant in the joint