85DTransitional provision for certain supplies of listed services

1. This section applies for the purposes of this Act in relation to a supply of listed services provided through an electronic marketplace when—

2. an underlying supplier who meets the criteria set out in section 60C(2BB) agrees with the marketplace operator that the underlying supplier is liable for the payment of tax in relation to the supplies of listed services and will continue to remain responsible for their tax obligations under this Act; or
3. an underlying supplier who meets the criteria set out in section 60C(2BF) chooses to be liable for the payment of tax in relation to the supplies of listed services and to continue to remain responsible for their tax obligations under this Act.

4. Despite the commencement provisions in the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (the amendment Act), the underlying supplier may choose to enter into an opt-out agreement described in section 60C(2BB) to (2BE) or choose to be liable for the tax obligations in relation to the supply as set out in section 60C(2BF). For the purpose of determining whether the supplier can enter into the agreement or make the election, as applicable, the provisions of the amendment Act relating to a supply of listed services are treated as if they commenced on the date of Royal assent for the amendment Act.