Document ID: chunk:federal_register_of_legislation:C2010C00583:clause:11_18:p5
Version: federal_register_of_legislation:C2010C00583
Segment Type: clause
Provision Reference: sch 11 cl 18 (pt 5/18)
Character Range: 114069–116613

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.

 (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 CTP compensation or ancillary payment or supply etc.

Meaning of CTP compensation or ancillary payment or supply

 (1) A payment or supply is a CTP compensation or ancillary payment or supply if it is a *CTP compensation payment or supply or a *CTP ancillary payment or supply.

Meaning of CTP compensation payment or supply

 (2) A payment or supply is a CTP compensation payment or supply if
 (a) it is a payment or supply made under a *compulsory third party scheme; and
 (b) it is a payment or supply made in settlement of a claim for compensation under the scheme; and
 (c) it is not the case that 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; and
 (d) Division 78 does not apply in relation to the payment or supply; and
 (e) the payment or supply is not a *CTP dual premium or election payment or supply or a *CTP hybrid payment or supply.

Meaning of CTP ancillary payment or supply

 (3) A