Document ID: chunk:federal_register_of_legislation:C2025C00126:section:4:p24
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 4 (pt 24/42)
Character Range: 483525–486106

or supply that satisfies the following requirements:
 (a) the payment or supply is made by an entity in compliance with a judgment or order of a court relating to a claim made by an *operator of a *compulsory third party scheme;
 (b) the claim was made by the *operator in exercise of the operator's rights to recover a payment or supply made under the *compulsory third party scheme;
 (c) the claim was not made under an insurance policy that is a policy of reinsurance.

Subdivision 79‑B—Extension of Division 78 to cover certain compulsory third party scheme payments and supplies connected with, but not under, insurance policies

79‑25  Meaning of CTP hybrid payment or supply
 (1) Subject to this section, a payment or supply is a CTP hybrid payment or supply if:
 (a) it is made in settlement of a claim for compensation under a *compulsory third party scheme; and
 (b) the claim would not have been made but for an *insurance policy issued under the scheme; and
 (c) the claim was not made under the insurance policy.
 (2) A payment or supply is not a CTP hybrid payment or supply if:
 (a) when the payment or supply is made, the entity that paid the premium for the *insurance policy cannot be located; and
 (b) that entity did not, at or before the time the *operator making the payment or supply was first made aware of the circumstances to which the payment or supply relates, inform the operator of the entitlement to an input tax credit for the CTP premium it paid; and
 (c) the *premium selection test was not satisfied in relation to the insurance policy.
 (2A) Subsection (2) does not apply if the cover under the *insurance policy commenced before 1 July 2003 (whether or not all or part of the premium on the policy was paid before that day).
 (3) A payment or supply is not a CTP hybrid payment or supply if the *operator making the payment or supply was required to do so by law because of the bankruptcy or insolvency of another operator who is an insurer.

79‑30  Application of Division 78
 (1) Division 78 (other than section 78‑100), as modified by Subdivision 79‑A, applies in relation to a *CTP hybrid payment or supply as if it were a payment or supply made in settlement of a claim under the *insurance policy mentioned in paragraph 79‑25(1)(b).
 (2) This section does not prevent Division 78 applying to a payment or supply under a *compulsory third party scheme if the payment or supply is made in settlement of a claim under an *insurance policy.

Subdivision 79‑C—Other payments and supplies under compulsory third party schemes

79‑35  Meaning of