Document ID: chunk:federal_register_of_legislation:C2025C00126:section:4:p16
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 4 (pt 16/42)
Character Range: 463681–466318

The making of any supply by an entity to another entity:
 (a) is not to be treated as a *taxable supply by the entity; and
 (b) is not to be treated as *consideration for a supply to the entity by that other, or any other, entity;
to the extent that:
 (c) the supply is to discharge a liability of the entity to that other entity; and
 (d) the supply is covered by a settlement of a claim under an *insurance policy under which the entity was insured against that liability.
 (3) This section has effect despite section 9‑5 (which is about what are taxable supplies) and section 9‑15 (which is about consideration).

78‑75  Creditable acquisitions relating to rights of subrogation
 (1) If, in settlement of a claim made by an insurer in the insurer's exercising of rights of subrogation in respect of an *insurance policy, an entity that is not insured under the policy makes one or more of the following:
 (a) a payment of *money;
 (b) a payment of *digital currency;
 (c) a supply;
the payment or supply is not treated as *consideration for an acquisition made by the entity.
 (2) This section has effect despite section 11‑5 (which is about what is a creditable acquisition).

Subdivision 78‑D—Insured entities that are not registered etc.

78‑80  Net amounts
 (1) If an entity insured under an *insurance policy is not *registered or *required to be registered, it does not have a *net amount under Part 2‑4 merely because it makes a *taxable supply under section 78‑50.
 (2) This section does not prevent an *adjustment arising that relates to such a supply, but the entity cannot have a *decreasing adjustment unless it is *registered or *required to be registered.
 (3) This section has effect despite Division 17 (which is about net amounts and adjustments).

78‑85  GST returns
 (1) If, during a month:
 (a) an entity makes any *taxable supplies under section 78‑50; or
 (b) an entity has any *increasing adjustments that arise in relation to any such supplies (whether made in that month or a previous month);
and the entity is not *registered or *required to be registered during that month, it must give to the Commissioner a *GST return, within 21 days after the end of the month, relating to those supplies it made in that month and those adjustments.
 (3) This section has effect despite sections 31‑5 and 31‑10 (which are about giving GST returns).

78‑90  Payments of GST
 (1) An entity that is not *registered or *required to be registered during a particular month must pay to the Commissioner:
 (a) amounts of *assessed GST on *taxable supplies under section 78‑50 that it makes during that month; and
 (b) *assessed