Document ID: chunk:federal_register_of_legislation:C2010C00583:clause:11_18:p15
Version: federal_register_of_legislation:C2010C00583
Segment Type: clause
Provision Reference: sch 11 cl 18 (pt 15/18)
Character Range: 139140–142075

applies).

Example: Assume the same facts as in the examples in sections 80‑20 and 80‑25. Assume also that, as a result of section 80‑20, there was a decreasing adjustment under Division 78 or 79 for the managing operator's payment or supply.

The managing operator has an increasing adjustment. It equals the part of the decreasing adjustment that is attributable to the managing operator's payment or supply that was repaid by the contributing operator's contribution.

80‑35  Adjustment events relating to managing operator's payment or supply

  Division 19 applies in relation to an *increasing adjustment that the *managing operator has under section 80‑30 as a result of the making of a *managing operator's payment or supply as if:
 (a) the *contributing operator's payment were *consideration for a *taxable supply made by the managing operator; and
 (b) the adjustment were the GST payable on the taxable supply; and
 (c) any changes made to those payments were a change in the consideration for the supply.

Subdivision 80‑B—Nominal defendant settlement sharing arrangements

80‑40  Meaning of nominal defendant settlement sharing arrangement etc.

Meaning of nominal defendant settlement sharing arrangement

 (1) A nominal defendant settlement sharing arrangement is an arrangement:
 (a) that relates to an accident or other incident or 2 or more related accidents or other incidents; and
 (b) to which the parties are *operators of a *compulsory third party scheme, where they are parties because the driver involved in the accidents or incidents was not covered under an *insurance policy; and
 (c) under which:
 (i) one party (the managing operator) is to make one or more payments or supplies in settlement of a claim, under the compulsory third party scheme, relating to the accidents or incidents; and
 (ii) the other party, or one or more of the other parties, (each being a contributing operator) is to make a payment to the *managing operator in respect of that operator settling the claim.

Meaning of managing operator's payment or supply

 (2) If a payment or supply mentioned in subparagraph (1)(c)(i) is not a *CTP ancillary payment or supply, it is a managing operator's payment or supply.

Meaning of contributing operator's payment

 (3) A payment mentioned in subparagraph (1)(c)(ii), to the extent that it is not a fee to the *managing operator for managing the process of making settlements under the arrangement, is a contributing operator's payment.

80‑45  Nominal defendant settlement sharing arrangements to which this Subdivision applies

  This Subdivision applies to a *nominal defendant settlement sharing arrangement if its *managing operator is not a party to a *hybrid settlement sharing arrangement relating to the same accidents or incidents.

80‑50  Effect of becoming parties to industry deeds or entering into nominal defendant settlement sharing arrangements

 (1) An *operator