Commonwealth Consolidated Acts

A NEW TAX SYSTEM (GOODS AND SERVICES TAX) ACT 1999 - SECT 29.25

  (1)   The Commissioner may, in writing, determine the tax periods to which:

  (a)   GST on * taxable supplies of a specified kind; or

  (b)   input tax credits for * creditable acquisitions of a specified kind; or

  (c)   input tax credits for * creditable importations of a specified kind; or

  (d)   * adjustments of a specified kind;

are attributable.

  (2)   However, the Commissioner must not make a determination under this section unless satisfied that it is necessary to prevent the provisions of this Division and Chapter   4 applying in a way that is inappropriate in circumstances involving:

  (a)   a supply or acquisition in which possession of goods passes, but title in the goods will, or may, pass at some time in the future; or

  (b)   a supply or acquisition for which payment is made or an * invoice is issued, but use, enjoyment or passing of title will, or may, occur at some time in the future; or

  (c)   a supply or acquisition occurring, but still being subject to a statutory cooling off period under an * Australian law; or

  (d)   a supply or acquisition occurring before the supplier or * recipient knows it has occurred; or

  (e)   a supply or acquisition occurring before the supplier or recipient knows the total * consideration; or

  (f)   a supply or acquisition made under a contract that is subject to preconditions; or

  (g)   a supply or acquisition made under a contract that provides for retention of some or all of the consideration until certain conditions are met; or

  (h)   a supply or acquisition for which the GST treatment will be unknown until a later supply is made.

  (3)   Determinations under subsection   (1) override the provisions of this Division (except this section) and Chapter   4, but only to the extent of any inconsistency.