Document ID: chunk:federal_register_of_legislation:C2018A00023:clause:5_2
Version: federal_register_of_legislation:C2018A00023
Segment Type: clause
Provision Reference: sch 5 cl 2
Character Range: 39502–40924

2  At the end of section 16‑30 in Schedule 1
Add:
 (2) Subsection (1) does not apply in relation to a failure to pay an amount to the Commissioner as required by Subdivision 14‑E if:
 (a) the amount relates to a *taxable supply of *new residential premises (other than *commercial residential premises); and
 (b) the entity was given a notice under section 14‑255:
 (i) stating that the premises are not new residential premises; or
 (ii) indicating that the entity will not be required to pay an amount to the Commissioner under section 14‑250 in relation to the supply; and
 (c) at the time *consideration for the supply (other than consideration provided as a deposit) is first provided, there was nothing in:
 (i) the contract for the supply; or
 (ii) any other circumstances relating to the supply;
  that made it unreasonable for the entity to believe that the statement or indication was correct.
 (3) Subsection (1) does not apply in relation to a failure to pay an amount to the Commissioner in relation to a *taxable supply as required by Subdivision 14‑E if:
 (a) the entity required to pay the amount in relation to the supply gives the supplier a bank cheque on or before the day *consideration for the supply (other than consideration provided as a deposit) is first provided; and
 (b) the bank cheque is for the amount the entity is required to pay to the Commissioner, and is payable to the Commissioner.