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16<br />

(b)<br />

(c)<br />

(d)<br />

if posted, on the second business day after posting;<br />

if sent by facsimile, on the next following business day provided that<br />

a correct and complete transmission report is received by the sender<br />

of the transmission, unless the receiving party has requested re<br />

transmission before the end of that business day; and<br />

if sent by email, on the next following business day after the day the<br />

machine on which the email is sent receives the answer back code<br />

of the receiving party unless re-transmission is requested by the<br />

receiving party before the end of that business day.<br />

17. GST<br />

17.1 Definitions and interpretation<br />

In this Clause:<br />

“GST” means the goods and services tax payable on the supply of goods<br />

and services as defined in the GST Act; and<br />

“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 as<br />

amended from time to time or any replacement or other relevant legislation<br />

and regulations; and<br />

an expression or word used in this Special Condition which has a particular<br />

meaning in the “GST law” (as defined in the GST Act), or in any applicable<br />

legislative determinations, has the same meaning, unless the context<br />

otherwise requires; and<br />

a reference to GST payable by a party includes any corresponding GST<br />

payable by the representative member of any GST group of which that party<br />

is a member, and a reference to an input tax credit entitlement of a party<br />

includes any corresponding input tax credit entitlement of the representative<br />

member of any GST group of which that party is a member.<br />

17.2 Except where this Agreement states otherwise, each amount payable by a<br />

party under this Agreement in respect of a taxable supply by the other party<br />

is expressed as a GST exclusive amount and the recipient of the supply must,<br />

in addition to that amount and at the same time, pay to the supplier the GST<br />

payable in respect of the supply.<br />

17.3 A party is not obliged, under Clause 17.2 to pay the GST on a taxable supply<br />

to it under this Agreement, until given a valid tax invoice for the supply.<br />

18. NOMINATION<br />

18.1 The Lot Holder may, at any time prior to the exercise of the Option, nominate<br />

an additional or substituted lot holder provided that the Lot Holder provides<br />

the Developer’s solicitor with written notice of any such nomination within<br />

fourteen (14) days of the nomination, which notice must be in the form<br />

annexed hereto and marked “Annexure A”.<br />

18.2 Upon receipt of written notice of the nomination pursuant to Clause 18.1, the<br />

Developer shall confirm the nomination in writing with the additional or

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