Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_15:p35
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 35/39)
Character Range: 1901070–1903732

liable under subsection (1) in relation to an indirect tax amount relating to that tax period; or
 (e) otherwise—the contributing participant's liability under subsection (1) in relation to that tax period is not to exceed that contribution amount.
 (1B) This subsection applies if:
 (a) leaving the joint venture was not part of an arrangement, a purpose of which was to prejudice the recovery by the Commissioner of the indirect tax amount; and
 (b) before the day on which the *joint venture operator is required to give to the Commissioner a *GST return for that tax period, the contributing participant pays to the joint venture operator:
 (i) the contribution amount relating to that tax period; or
 (ii) if the contribution amount cannot be determined at the time of the payment—an amount that is a reasonable estimate of the contribution amount.
 (1C) Subsection (1A) does not apply if:
 (a) the indirect tax sharing agreement was entered into as part of an arrangement; and
 (b) a purpose of the arrangement was to prejudice the recovery by the Commissioner of the indirect tax amount.
 (1D) Subsection (1A) does not apply if:
 (a) the Commissioner gives the *joint venture operator of the joint venture written notice under this subsection in relation to the indirect tax sharing agreement (whether before, when or after an indirect tax amount to which the agreement relates becomes payable); and
 (b) the notice requires the joint venture operator to give the Commissioner a copy of the agreement in the *approved form within 14 days after the notice is given; and
 (c) the Commissioner does not receive a copy of the agreement by the time required.
 (1E) Subsection (1A) does not apply if, apart from this subsection, the requirements of subsection (1A) would be satisfied in relation to 2 or more agreements:
 (a) that were entered into by the *joint venture operator; and
 (b) that relate to the same tax period.

Criminal liability of participants in GST joint ventures
 (2) Any offence against an *indirect tax law that:
 (a) is committed by the *joint venture operator for a *GST joint venture; and
 (b) relates to the joint venture;
is taken to have been committed by each of the *participants in the joint venture.
 (3) In a prosecution of an entity for an offence that the entity is taken to have committed because of subsection (2), it is a defence if the entity proves that the entity:
 (a) did not aid, abet, counsel or procure the relevant act or omission; and
 (b) was not in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the entity).
Note