45 (a)
the Purchaser must give the Vendor a bank cheque drawn in favour of the Commissioner for the GST Withholding Amount;
(b)
the bank cheque given to the Vendor by the Purchaser pursuant to Special Condition 18.5(6)(a) must not be post-dated, stale or dishonoured on presentation; and
(c)
if the Purchaser is required to lodge and has lodged a Purchaser Withholding Notification Form, the Vendor undertakes to give the bank cheque to the Commissioner, together with the payment reference details provided by the Purchaser under Special Condition 18.5(5).
(7)
If the Vendor notifies the Purchaser that the payment of the GST Withholding Amount must be made by immediately available funds, then on or before Settlement, the Purchaser must give evidence to the Vendor of successful transmission of payment of the GST Withholding Amount to the Commissioner.
(8)
Special Conditions 18.5(6) and 18.5(7) do not apply where Settlement occurs electronically through Property Exchange Australia or other similar online conveyancing facility and the GST Withholding Amount is paid to the Commissioner through that facility.
(9)
On Settlement, the Purchaser must: (a)
give to the Vendor, a copy of the GST Settlement Notification Form that the Purchaser has lodged with the Commissioner, together with evidence that the GST Settlement Notification Form has been received by the Commissioner; or
(b)
give to the Vendor, the GST Settlement Notification Form, in which case the Purchaser:
(10)
(1)
appoints the Vendor to act as the Purchaser's agent to lodge the GST Settlement Notification Form with the Commissioner, on its behalf; and
(2)
must give to the Vendor all information reasonably requested by the Vendor for the completion of the GST Settlement Notification Form.
If payment of the GST Withholding Amount does not occur in accordance with Special Conditions 18.5(6), 18.5(7) or 18.5(8) (as applicable), then the Vendor may delay Settlement until the next Business Day after the day on which:
(a)
payment of the GST Withholding Amount has occurred;
(b)
the Purchaser gives evidence to the Vendor of successful transmission of payment of the GST Withholding Amount to the Commissioner; or
(c)
the Vendor receives the entire Price.
