Document ID: chunk:federal_register_of_legislation:F2016L01910:reg:15:p1
Version: federal_register_of_legislation:F2016L01910
Segment Type: reg
Provision Reference: reg 15 (pt 1/2)
Character Range: 11839–14632

15  Indirect tax concession scheme—conditions
 (1) For paragraph 11C(3)(a) of the Act, the amount mentioned in subsection 11C(1) of the Act is payable only if the following conditions are satisfied:
 (a) the Organisation has entered into a written agreement with the Commonwealth to repay to the Commonwealth the amount worked out under subsection (3) of this section if:
 (i) for a payment in relation to an acquisition of a motor vehicle—the Organisation disposes of the motor vehicle (except to a person entitled to an indirect tax concession under this instrument or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 3 years after it was acquired; or
 (ii) for a payment in relation to an acquisition of goods other than a motor vehicle—the Organisation disposes of the goods (except to a person entitled to an indirect tax concession under this instrument or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after they were acquired; or
 (iii) for a payment in relation to an acquisition of services—the Organisation assigns the services to another person (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory; or
 (iv) for a payment in relation to any other acquisition—the Organisation assigns the thing acquired to another person (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;
 (b) if the Organisation has breached a previous agreement under paragraph (a)—the Organisation complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the Organisation complies with the agreement.
 (2) For subparagraphs (1)(a)(i) and (ii):
 (a) a sale of goods to a finance company as part of a sale and lease‑back arrangement is not a disposal of the goods; and
 (b) the Organisation is taken to have disposed of goods to which one of those subparagraphs applies within the period mentioned in that subparagraph to a person who is not entitled to an indirect tax concession in relation to similar acquisitions if:
 (i) the Organisation disposes of the goods to a person who is entitled to the concession; and
 (ii) the person disposes of the goods to another person; and
 (iii) the series of disposals of the goods to other persons continues (if necessary) until the goods are eventually acquired, within the period mentioned in that paragraph, by a person who is not entitled to the concession.
 (3) For paragraph (1)(a), the amount to be repaid