Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies to a contract of insurance that effects both general insurance and
other insurance.
(2) If the proportion
of the premium that is attributable to general insurance is not ascertainable
at the time the contract is entered into, the proportion is the proportion
calculated in accordance with the applicable method of apportionment from time
to time established as a practice of the Commissioner and published under
section 127 of the Taxation Administration Act 2003 .
(3) A method of
apportionment published under section 127 of the Taxation Administration
Act 2003 may, for a particular class of contracts of insurance, have the
effect that the proportion of the premium that is attributable to general
insurance is zero.
(4) If the
Commissioner is satisfied that a premium or instalment has not been, or cannot
be, appropriately apportioned under this section, the Commissioner
may —
(a)
determine the appropriate proportions; and
(b) if
necessary — reassess the amount of duty payable in respect of the
contract of insurance.
(5) The extent to
which an instalment is attributable to general insurance is the same as the
extent to which the premium is attributable to general insurance under this
section.
[Section 96 inserted by No. 36 of 2005
s. 6.]