(1) The GST on a * taxable supply of goods is payable by the * recipient of the supply, and is not payable by the supplier, if:
(a) the goods consist wholly or partly of * valuable metal; and
(b) the recipient is * registered or * required to be registered; and
(c) either:
(i) at the time of the supply, the market value of the goods does not exceed the * valuable metal threshold; or
(ii) the supplier and the recipient agree, in writing, that the GST on the supply be payable by the recipient.
(2) Subsection (1) does not apply to a * taxable supply of goods if the supply is in a class of supplies determined under subsection (3).
Determination
(3) For the purposes of subsection (2), the Commissioner may, by legislative instrument, determine that subsection (1) does not apply to a specified class of supplies.
(4) In making a determination under subsection (3), the Commissioner may have regard to the following:
(a) the likelihood that * recipients and suppliers of that class of supply will otherwise comply with their obligations under the * GST law, and the risk of GST not being paid on * taxable supplies in that class if recipients do not pay the GST;
(b) the costs for recipients and suppliers of that class of supplies to comply with subsection (1);
(c) any other relevant matters.
Effect of this section on other sections
(5) This section has effect despite sections 9 - 40 (which is about liability for the GST), 48 - 40, 51 - 30 and 83 - 5 (which are about who is liable for GST).