Document ID: chunk:federal_register_of_legislation:F2020L00950:reg:12:p1
Version: federal_register_of_legislation:F2020L00950
Segment Type: reg
Provision Reference: reg 12 (pt 1/2)
Character Range: 10151–12858

12  Indirect tax concession scheme—conditions
 (1) For the purposes of paragraph 11C(3)(a) of the Act, the amount mentioned in subsection 11C(1) of the Act is payable only if the following conditions are satisfied:
 (a) the SKAO has entered into a written agreement with the Commonwealth to repay to the Commonwealth the amount worked out under subsection (3) of this section if:
 (i) for a payment in relation to an acquisition of a motor vehicle—the SKAO disposes of the motor vehicle (except to a person entitled to an indirect tax concession under this instrument or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 3 years after it was acquired; or
 (ii) for a payment in relation to an acquisition of goods other than a motor vehicle—the SKAO disposes of the goods (except to a person entitled to an indirect tax concession under this instrument or another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory within 2 years after they were acquired; or
 (iii) for a payment in relation to an acquisition of services—the SKAO assigns the services to another person (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory; or
 (iv) for a payment in relation to any other acquisition—the SKAO assigns the thing acquired to another person (except to a person entitled to an indirect tax concession under another law of the Commonwealth in relation to similar acquisitions) in Australia or an external Territory;
 (b) if the SKAO has breached a previous agreement under paragraph (a)—the SKAO complies with any written requirements, including a requirement to give security, that the Minister considers necessary to ensure that the SKAO complies with the agreement.
 (2) For the purposes of subparagraphs (1)(a)(i) and (ii):
 (a) a sale of goods to a finance company as part of a sale and lease‑back arrangement is not a disposal of the goods; and
 (b) the SKAO is taken to have disposed of goods to which one of those subparagraphs applies within the period mentioned in that subparagraph to a person who is not entitled to an indirect tax concession in relation to similar acquisitions if:
 (i) the SKAO disposes of the goods to a person who is entitled to the concession; and
 (ii) the person disposes of the goods to another person; and
 (iii) the series of disposals of the goods to other persons continues (if necessary) until the goods are eventually acquired, within the period mentioned in that paragraph, by a person who is not entitled to the concession.
 (3) For the