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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