Fees or charges in relation to third parties
175B Fees or charges in relation to third parties
When this section applies
This section applies if a fee or charge is payable by a lessee to the lessor for an amount (the third party amount) payable or paid by the lessor to another person, body or agency.
Third party amount ascertainable at time of lessee payment
If, when the fee or charge is paid by the lessee to the lessor, the third party amount is ascertainable, then the amount of the fee or charge must not exceed the third party amount.
Third party amount not ascertainable at time of lessee payment
If:
when the fee or charge is paid by the lessee to the lessor, the third party amount is not ascertainable; and
after the fee or charge is paid, the lessor ascertains the third party amount; and
the third party amount is less than the amount of the fee or charge paid;
then the lessor must refund or credit the difference to the lessee.
Determining third party amount
The third party amount is to be determined by:
taking into account any discount, rebate or other allowance that is received or receivable by the lessor or a related body corporate (within the meaning of the Corporations Act 2001); and
disregarding any rebate on tax payable by the lessor or a related body corporate (within the meaning of that Act).
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