Commonwealth Consolidated Acts

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 105.5

  (1)   You make a taxable supply if:

  (a)   you supply the property of another entity (the debtor ) to a third entity in or towards the satisfaction of a debt that the debtor owes to you; and

  (b)   had the debtor made the supply, the supply would have been a * taxable supply.

  (2)   It does not matter whether:

  (a)   you made the supply in the course or furtherance of an * enterprise that you * carry on; or

  (b)   you are * registered, or * required to be registered.

  (3)   However, the supply is not a * taxable supply if:

  (a)   the debtor has given you a written notice stating that the supply would not be a taxable supply if the debtor were to make it, and stating fully the reasons why the supply would not be a taxable supply; or

  (b)   if you cannot obtain such a notice--you believe on the basis of reasonable information that the supply would not be a taxable supply if the debtor were to make it.

  (4)   This section has effect despite section   9 - 5 (which is about what is a taxable supply).