Taxation Laws Amendment (Superannuation) Act 1992

Act No. 208 of 1992 as amended

This compilation was prepared on 7 October 2010
taking into account amendments up to Act No. 75 of 2010

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

Section

1. Short title [see Note 1]

2. Commencement [see Note 1]

PART 2 - AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936

Division 1 - Principal Act

3. Principal Act

Division 2 - Amendments relating to limits for deductions for

contributions to superannuation funds

4. Deduction for contributions to eligible superannuation fund for

employees

5. Deductions for superannuation contributions by eligible persons

6. Application

Division 3 - Amendments relating to deductions and rebates for

personal contributions to superannuation funds

7. Interpretation

8. Deductions for superannuation contributions by eligible persons

9. Repeal and substitution of new Subdivision:

Subdivision AAC - Rebate for personal superannuation contributions

159SZ. Rebate for personal superannuation contributions

10. Interpretation

11. Operation of Part

12. Tax benefits

13. Cancellation of tax benefits etc.

14. Certain employees to be subject to provisional tax

15. Keeping of records

16. Interpretation

17. Application

18. Transitional - subsection 82AAT(2) regulations

Division 4 - Amendments relating to rebates for certain

superannuation pensions and qualifying annuities

19. Interpretation

20. Repeal of section 159SK

21. Accrual period for a superannuation pension

22. Entitlement to rebate - superannuation pension

23. Repeal of sections 159SN to 159SR (inclusive)

24. Entitlement to rebate - rebatable ETP annuity

25. Repeal of sections 159SV to 159SY (inclusive)

26. Application of pre-1 July 88 funding credits

27. Application

Division 5 - Amendments relating to the undeducted purchase price of

an annuity or superannuation pension

28. Interpretation

29. Application of pre-1 July 88 funding credits

Division 6 - Amendments relating to the unused undeducted purchase

price of certain annuities and superannuation pensions

30. Interpretation

31. Taxed and untaxed elements of post-June 83 component

32. Assessable income to include annuities and superannuation

pensions

33. Application

Division 7 - Amendments to extend the meaning of pensions and

annuities, and to provide for minimum standards for

certain annuities

34. Interpretation

36. Interpretation

37. Interpretation

38. Application

39. Transitional

Division 8 - Amendments abolishing a taxpayer's ability to choose

which parts of an ETP (other than undeducted

contributions and concessional components) are

rolled-over

40. Interpretation

41. Components of an ETP

42. Insertion of new section:

27AC. ETP - retained amounts

43. Assessable income to include certain superannuation and kindred

payments

44. Assessable income to include 5% of certain amounts

45. Roll-over of ETPs

46. Application

Division 9 - Amendments abolishing the 90-day roll-over period for

ETPs

47. Interpretation

48. Roll-over of ETPs

49. Application

Division 10 - Amendments relating to the components of ETPs known as

bona fide redundancy payments, approved early

retirement scheme payments and invalidity payments

50. Interpretation

51. Components of an ETP

52. ETP - retained amounts

53. Insertion of new section:

27CB. Exemption from tax - post-June 1994 invalidity component

and tax-free amount of bona fide redundancy payment or

approved early retirement scheme payment

54. Roll-over of ETPs

55. Approved early retirement scheme payments

56. Bona fide redundancy payments

57. Invalidity payments

Division 11 - Amendments relating to reasonable benefit limits RBLs)

58. Interpretation

59. Components of an ETP

60. Insertion of new Division:

Division 14 - Reasonable benefit limits (RBLs)

Subdivision A - Objects, simplified outline and example

140. Objects of Division

140A. Simplified outline

140B. Example of how to determine whether a benefit is in excess

of the recipient's RBLs

Subdivision B - Interpretation

140C. Interpretation

140D. Payer deemed not to make an ETP to the extent to which ETP

is rolled-over

140E. ETPs taken to be paid from superannuation fund

140F. ETPs - retained amount

140G. Excessive component of ETP to be ignored in working out

other components

140H. Components of rolled-over ETP

140J. When pension or annuity commences to be paid

140K. When benefit previously received by recipient

140L. Pension and annuity standards

Subdivision C - Payers' notification obligations

140M. Payers of benefits to give certain information to

Commissioner

140N. Quotation of tax file numbers

140P. Payer of benefit to provide copy of notice to recipient

140Q. Roll-overs to be notified to Commissioner

Subdivision D - Determination of whether a benefit is in excess of

recipient's RBLs

140R. Determination of whether a benefit is in excess of

recipient's RBLs

140S. Revision of final determination

140T. Interim determinations

140U. Interim determination may be made on certain assumptions

140V. Commissioner may determine standard indexation rate

140W. Notification of determinations

140X. Amendment of determinations

140Y. Objections

140Z. Person may request copy of previous determination

Subdivision E - When benefits exceed recipient's RBLs

140ZA. When benefits exceed recipient's RBLs

140ZB. Discretion to treat benefits as within recipient's RBLs

Subdivision F - Benefits which are to be counted towards a

person's RBLs

140ZC. Benefits which are counted towards a person's RBLs

Subdivision G - Lump sum RBLs and pension RBLs

140ZD. Lump sum RBLs and pension RBLs

140ZE. Transitional lump sum RBLs and transitional pension RBLs

140ZF. Assessment of benefits against lump sum RBL

140ZG. Qualifying portion of benefits

Subdivision H - RBL amounts

140ZH. RBL amount - ETP paid by superannuation funds or ADFs

140ZI. RBL amount - ETP paid by life assurance company or

registered organisation

140ZJ. RBL amount - ETP paid by employer

140ZK. RBL amount - superannuation pension (other than disability

superannuation pension)

140ZL. RBL amount - disability superannuation pension

140ZM. RBL amount - annuity

140ZN. Reduction of ETP taken into account in working out RBL

amount of annuity - roll-overs

Subdivision J - Capital value of superannuation pension

140ZO. Capital value of superannuation pension

140ZP. Reduction of capital value of superannuation pension –

roll-overs

Subdivision K - Rebatable proportion of rebatable superannuation

pension or rebatable ETP annuity

140ZQ. Rebatable proportion of rebatable superannuation pension

or rebatable ETP annuity

61. Application

PART 3 - AMENDMENT OF THE OCCUPATIONAL SUPERANNUATION STANDARDS ACT

1987

Division 1 - Principal Act

63. Principal Act

Division 2 - Amendments relating to reasonable benefit limits (RBLs)

64. Interpretation

65. Repeal of Part IIIA

66. Review of certain decisions

67. Statements to accompany notification of decisions

68. Regulations

69. Application

Division 3 - Amendment to allow superannuation funds to retain a

member's benefit for up to 90 days while the member

decides whether to roll-over the benefit

70. Interpretation

71. Application

Division 4 - Amendments to allow retired persons to transfer their

benefits into superannuation funds

72. Interpretation

73. Application

Division 5 - Amendments relating to minimum standards for pensions

and annuities

74. Interpretation

75. Operating standards for superannuation funds

76. Transitional

PART 4 - AMENDMENT OF THE SUPERANNUATION GUARANTEE (ADMINISTRATION)

ACT 1992

Division 1 - Principal Act

77. Principal Act

Division 2 - Amendments relating to notional earnings base

78. Interpretation: notional earnings base where employer contributing

to superannuation fund for benefit of employee immediately before

21 August 1991

79. Interpretation: notional earnings base where employer not

contributing to superannuation fund for benefit of employee

immediately before 21 August 1991

80. Reduction of charge percentage where contribution made to fund

other than defined benefit superannuation scheme

81. Insertion of new section:

25A. Certain contributions taken to be in accordance with

industrial award that specifies notional earnings base

82. Application of amendments relating to notional earnings base

Division 3 - Amendment relating to calculation of maximum

contribution base

83. Interpretation: maximum contribution base

Division 4 - Amendments relating to calculation of individual

superannuation guarantee shortfall

84. Individual superannuation guarantee shortfall for 1992-93

85. Individual superannuation guarantee shortfall for 1993-94 and

subsequent years

Division 5 - Amendment relating to the reduction of charge

percentage

86. Reduction of charge percentage where contribution made to defined

benefit superannuation scheme

Division 6 - Amendments relating to the period in which employer may

obtain statement that fund operated in accordance with

superannuation fund conditions

87. Certain benefit certificates presumed to be certificates in

relation to complying superannuation scheme

Division 7 - Amendments relating to excluded salary or wages

88. Salary or wages: general exclusions

89. Application of amendments relating to excluded salary or wages

PART 5 - AMENDMENT OF THE TAXATION ADMINISTRATION ACT 1953

Division 1 - Principal Act

90. Principal Act

Division 2 - Amendments relating to the Superannuation Guarantee

(Administration) Act 1992

91. Interpretation

92. Penalty taxes to be alternative to prosecution for certain

offences

93. General interpretative provisions

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992 - LONG

TITLE

An Act to amend the law relating to taxation

PART 1 - PRELIMINARY

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 1

Short title [see Note 1]

1. This Act may be cited as the Taxation Laws Amendment (Superannuation) Act

1992.

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 2

Commencement [see Note 1]

2.(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(2) The following provisions commence on 1 July 1994:

(a) Divisions 2, 4, 5, 6, 9, 10 and 11 of Part 2;

(b) Divisions 2 and 3 of Part 3.

PART 2 - AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936

Division 1 - Principal Act

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 3

Principal Act

3. In this Part, "Principal Act" means the Income Tax Assessment Act

1936.*1*

*1* No. 27, 1936, as amended. For previous amendments, see No. 88, 1936; No.

5, 1937; No. 46, 1938; No. 30, 1939; Nos. 17 and 65, 1940; Nos. 58 and 69,

1941; Nos. 22 and 50, 1942; No. 10, 1943; Nos. 3 and 28, 1944; Nos. 4 and 37,

1945; No. 6, 1946; Nos. 11 and 63, 1947; No. 44, 1948; No. 66, 1949; No. 48,

1950; No. 44, 1951; Nos. 4, 28 and 90, 1952; Nos. 1, 28, 45 and 81, 1953; No.

43, 1954; Nos. 18 and 62, 1955; Nos. 25, 30 and 101, 1956; Nos. 39 and 65,

1957; No. 55, 1958; Nos. 12, 70 and 85, 1959; Nos. 17, 18, 58 and 108, 1960;

Nos. 17, 27 and 94, 1961; Nos. 39 and 98, 1962; Nos. 34 and 69, 1963; Nos. 46,

68, 110 and 115, 1964; Nos. 33, 103 and 143, 1965; Nos. 50 and 83, 1966; Nos.

19, 38, 76 and 85, 1967; Nos. 4, 70, 87 and 148, 1968; Nos. 18, 93 and 101,

1969; No. 87, 1970; Nos. 6, 54 and 93, 1971; Nos. 5, 46, 47, 65 and 85, 1972;

Nos. 51, 52, 53, 164 and 165, 1973; No. 216, 1973 (as amended by No. 20,

1974); Nos. 26 and 126, 1974; Nos. 80 and 117, 1975; Nos. 50, 53, 56, 98, 143,

165 and 205, 1976; Nos. 57, 126 and 127, 1977; Nos. 36, 57, 87, 90, 123, 171

and 172, 1978; Nos. 12, 19, 27, 43, 62, 146, 147 and 149, 1979; Nos. 19, 24,

57, 58, 124, 133, 134 and 159, 1980; Nos. 61, 92, 108, 109, 110, 111, 154 and

175, 1981; Nos. 29, 38, 39, 76, 80, 106 and 123, 1982; Nos. 14, 25, 39, 49,

51, 54 and 103, 1983; Nos. 14, 42, 47, 63, 76, 115, 124, 165 and 174, 1984;

No. 123, 1984 (as amended by No. 65, 1985); Nos. 47, 49, 104, 123, 168 and

174, 1985; No. 173, 1985 (as amended by No. 49, 1986); Nos. 41, 46, 48, 51,

109, 112 and 154, 1986; No. 49, 1986 (as amended by No. 141, 1987); No. 52,

1986 (as amended by No. 141, 1987); No. 90, 1986 (as amended by No. 141,

1987); Nos. 23, 58, 61, 120, 145 and 163, 1987; No. 62, 1987 (as amended by

No. 108, 1987); No. 108, 1987 (as amended by No. 138, 1987); No. 138, 1987 (as

amended by No. 11, 1988); No. 139, 1987 (as amended by Nos. 11 and 78, 1988);

Nos. 8, 11, 59, 75, 78, 80, 87, 95, 97, 127 and 153, 1988; Nos. 2, 11, 56, 70,

73, 105, 107, 129, 163 and 167, 1989; No. 97, 1989 (as amended by No. 105,

1989); Nos. 20, 35, 45, 57, 58, 60, 61, 87, 119 and 135, 1990; Nos. 4, 5, 6,

48, 55, 100, 203, 208 and 216, 1991; and Nos. 3, 35, 70, 80, 81, 92, 98 and

101, 1992.

Division 2 - Amendments relating to limits for deductions for

contributions to superannuation funds

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 4

Deduction for contributions to eligible superannuation fund

for employees

4. Section 82AAC of the Principal Act is amended by omitting subsections (2)

and (2A) and substituting the following subsections:

"(2) Subject to subsection (2D) (which deals with elective deduction

limits), the total of the deductions allowable under subsection (1) for

contributions made by a taxpayer, or by a taxpayer and one or more associates

of the taxpayer, in a year of income in respect of a particular employee must

not exceed the employee's deduction limit for the year of income (worked out

under subsection (2A)).

"(2A) An employee's deduction limit for a year of income is worked out:

(a) by identifying the day in the year of income, or the last day in the

year of income, on which the taxpayer, or any of the associates of the

taxpayer, made a contribution in respect of the employee, where a deduction

would have been allowable to the taxpayer, or to the associate, under

subsection (1) for that contribution (assuming subsection (2) had not been

enacted); and

(b) by working out the age reached by the employee as at the end of that

day; and

following table:

Age in years Deduction limit

under 35 $ 9,000

35 to 49 $25,000

50 and over $62,000 ; and

(d) if the year of income is a later year of income-by applying that table

subject to the indexation arrangements set out in subsection (2B).

"(2B) The table in subsection (2A) applies for the 1995-96 year of income or

a later year of income as if each indexable amount were replaced by the amount

worked out using the formula:

Indexation factor x Previous indexable amount

where:

'Indexation factor' means the indexation factor for the year of income

worked out under section 159SG;

'Previous indexable amount' means the indexable amount concerned for the

previous year of income.

"(2C) In subsection (2B):

'indexable amount' means:

(a) an amount of $9,000, $25,000 or $62,000 specified in the table in

subsection (2A); or

(b) if any such amount has previously been altered under subsection (2B)-the

altered amount.

"(2D) If:

(a) at all times during so much of a year of income as occurred when a

taxpayer was an employer, 10 or more employee positions under the taxpayer are

filled by employees of the taxpayer; and

(b) apart from subsection (2) and this subsection, deductions are allowable

to the taxpayer, or to one or more associates of the taxpayer, under

subsection (1) for contributions made in the year of income in respect of at

least 10 of those positions; and

the year of income;

then, in spite of subsection (2), the total of the deductions allowable under

subsection (1) in respect of contributions made by the taxpayer, or by the

taxpayer and one or more of the associates of the taxpayer, in the year of

income in respect of all of the employees of the taxpayer must not exceed:

(d) if the year of income is the 1994-95 year of income-the amount

calculated using the formula:

Full-year employee x $25,000

positions

where:

'Full-year employee positions' means the number of employee positions under

the employer which satisfy the following conditions:

(i) the employee positions were filled by employees of the

taxpayer at all times during so much of the year of income as occurred when

the taxpayer was an employer;

(ii) apart from subsection (2) and this subsection, deductions are

allowable to the taxpayer, or to one or more associates of the taxpayer, under

subsection (1) for contributions made in the year of income in respect of the

employees who filled those positions; or

(e) if the year of income is a later year of income-the amount calculated

using that formula subject to the indexation arrangements set out in

subsection (2E).

"(2E) The formula in subsection (2D) applies for the 1995-96 year of income

or a later year of income as if the indexable amount were replaced by the

amount worked out using the formula:

Indexation factor x Previous indexable amount

where:

'Indexation factor' means the indexation factor for the year of income

worked out under section 159SG;

'Previous indexable amount' means the indexable amount for the previous year

of income.

"(2F) In subsection (2E):

'indexable amount' means:

(a) an amount of $25,000 specified in the formula in subsection (2D); or

(b) if that amount has previously been altered under subsection (2E)-the

altered amount.

"(2G) An election by a taxpayer under subsection (2D) must be made before:

(a) the date of lodgment of the taxpayer's return of income for the year of

income to which the election relates; or

(b) such later date as the Commissioner allows.

"(2H) For the purposes of subsection (2D), if:

(a) at a particular time ('cessation time'), an employee of an employer

ceases to fill an employee position under the employer; and

(b) at a later time, the employee position is filled by another employee of

the employer; and

(i) beginning at the cessation time; and

(ii) ending at that later time;

does not exceed 3 months;

the employee position is taken to have been filled by an employee of the

employer at all times during that period.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 5

Deductions for superannuation contributions by eligible persons

5. Section 82AAT of the Principal Act is amended by omitting subsection (2)

and substituting the following subsections:

"(2) The total of the deductions allowable to a taxpayer under this section

for a year of income must not exceed the lesser of the following:

(a) the sum of:

(i) $3,000; and

(ii) 75% of the amount (if any) by which the total amount of the

contributions exceeds $3,000;

(b) the taxpayer's deduction limit for the year of income (worked out under

subsection (2A)).

"(2A) A taxpayer's deduction limit for a year of income is worked out:

(a) by identifying the day in the year of income, or the last day in the

year of income, on which the taxpayer made a contribution to a fund, where a

deduction would have been allowable to the taxpayer under this section in

respect of the contribution (assuming that subsections (1A) and (2) had not

been enacted); and

(b) by working out the age reached by the taxpayer as at the end of that

day; and

following table:

Age in years Deduction limit

under 35 $ 9,000

35 to 49 $25,000

50 and over $62,000 ; and

(d) if the year of income is a later year of income-by applying the table

subject to the indexation arrangements set out in subsection (2B).

"(2B) The table in subsection (2A) applies for the 1995-96 year of income as

if each indexable amount were replaced by the amount worked out using the

formula:

Indexation factor x Previous indexable amount

where:

'Indexation factor' means the indexation factor for the year of income

worked out under section 159SG;

'Previous indexable amount' means the indexable amount concerned for the

previous year of income.

"(2C) In subsection (2B):

'indexable amount' means:

(a) an amount of $9,000, $25,000 or $62,000 specified in the table in

subsection (2A); or

(b) if any such amount has previously been altered under subsection (2B)-the

altered amount.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 6

Application

6. The amendments made by this Division apply to assessments in respect of

income of the 1994-95 year of income and of all later years of income.

Division 3 - Amendments relating to deductions and rebates for personal

contributions to superannuation funds

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 7

Interpretation

7.(1) Section 82AAS of the Principal Act is amended:

(a) by omitting from subsection (1) the definitions of "Commission's

superannuation principles", "industrial tribunal", "superannuation agreement",

"superannuation agreement contributions", "superannuation contributions" and

"unsupported eligible person";

(b) by inserting in subsection (1) the following definition:

"'eligible employment', in relation to a person, means:

(a) the holding of any office or appointment; or

(b) the performance of any functions or duties; or

(d) the doing of any acts or things;

that results in the person being treated as an employee for the purposes of

the Superannuation Guarantee (Administration) Act 1992 (assuming that

subsection 12(11) of that Act had not been enacted);";

"(3) If:

(a) during a period, or a combination of periods, in a year of income, a

person was engaged in particular eligible employment; and

(b) either:

(i) both:

(A) the person's assessable income, or the person's exempt

income, of the year of income includes one or more amounts that were derived

from that eligible employment; and

(B) the total of the amounts mentioned in sub-subparagraph (A)

is less than 10% of the person's assessable income of the year of income; or

(ii) the person's assessable income, or the person's exempt

income, of the year of income does not include any amount that was derived

from that eligible employment;

a reference in subsection (2) to superannuation benefits does not include a

reference to superannuation benefits to the extent to which:

(i) contributions made in relation to the person in connection

with that eligible employment; or

(ii) income or accretions arising from such contributions; or

(d) they would otherwise be attributable to that eligible employment.".

(2) Section 82AAS of the Principal Act is amended:

(a) by omitting from paragraph (2)(a) "upon retirement" and substituting "in

the event of the retirement of the relevant person";

(b) by adding at the end of sub-subparagraph (2)(b)(ii)(A) "or";

sub-subparagraph:

"; or (D) income or accretions arising from contributions made to a

superannuation fund in relation to the relevant person by a person other than

the relevant person during an earlier year of income, where there is no

reasonable likelihood that any such contributions will be made at any time

after the beginning of the first-mentioned year of income.";

(d) by adding at the end the following subsections:

"(4) For the purposes of subsection (2), if:

(a) a payment of superannuation guarantee charge is made for a financial

year; and

(b) there is a shortfall component of the payment in relation to a

particular employee; and

Superannuation Guarantee (Administration) Act 1992;

then:

(d) that component is taken to have been so paid to the fund before the end

of that financial year; and

(e) a benefit attributable to that component is taken to have been

attributable to a contribution made to the fund in relation to the employee by

the employer of the employee; and

(f) the circumstances which led to the making of that contribution are taken

to have existed during that financial year.

"(5) For the purposes of subsection (2), if:

(a) a payment of superannuation guarantee charge is made for a financial

year; and

(b) there is a shortfall component of the payment in relation to a

particular employee; and

the Superannuation Guarantee (Administration) Act 1992;

then:

(d) that component is taken to have been so paid to the employee before the

end of that financial year; and

(e) that component is taken to have been attributable to a contribution made

to a superannuation fund in relation to the employee by the employer of the

employee; and

(f) the circumstances which led to the payment of that component are taken

to have existed during that financial year.

"(6) For the purposes of subsection (2), if:

(a) a payment of superannuation guarantee charge is made for a financial

year; and

(b) there is a shortfall component of the payment in relation to a

particular employee; and

employee in accordance with section 67 of the Superannuation Guarantee

(Administration) Act 1992;

then:

(d) that component is taken to have been paid to the employee before the end

of that financial year because of the retirement of the employee; and

(e) that component is taken to have been attributable to a contribution made

to a superannuation fund in relation to the employee by the employer of the

employee; and

(f) the circumstances which led to the payment of that component are taken

to have existed during that financial year.

"(7) An expression used in subsection (4), (5) or (6) and in the

Superannuation Guarantee (Administration) Act 1992 has the same meaning in

that subsection as it has in that Act.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 8

Deductions for superannuation contributions by eligible persons

8. Section 82AAT of the Principal Act is amended by omitting subsection (2)

and substituting the following subsection:

"(2) The total of the deductions allowable to a taxpayer under this section

for a year of income must not exceed the lesser of the following:

(a) the sum of:

(i) $3,000; and

(ii) 75% of the amount (if any) by which the total amount of the

contributions exceeds $3,000;

(b) the amount ascertained in accordance with the regulations as the

taxpayer's maximum deductible contributions for the year of income.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 9

9. Subdivision AAC of Division 17 of Part III of the Principal Act is

repealed and the following Subdivision is substituted:

"Subdivision AAC-Rebate for personal superannuation contributions

Rebate for personal superannuation contributions

"159SZ.(1) If the following conditions are satisfied in relation to a

taxpayer and in relation to a year of income of the taxpayer (the 'taxpayer's

year of income'):

(a) the taxpayer is not an eligible person (within the meaning of section

82AAS) in relation to the taxpayer's year of income;

(b) during the taxpayer's year of income, the taxpayer makes one or more

eligible personal superannuation contributions;

less than $31,000;

the taxpayer is entitled to a rebate of tax in the taxpayer's assessment for

the taxpayer's year of income equal to 10% of the lesser of the following:

(d) $1,000 reduced by 25 cents for each $1 of the amount (if any) by which

the taxpayer's assessable income of the taxpayer's year of income exceeds

$27,000;

(e) the total amount of the eligible personal superannuation contributions

made by the taxpayer in the taxpayer's year of income.

"(2) In subsection (1):

'complying superannuation fund' has the same meaning as in Part IX;

'dependant' has the same meaning as in the Occupational Superannuation

Standards Act 1987;

'eligible personal superannuation contributions', in relation to a taxpayer,

means contributions made by the taxpayer to a fund where:

(a) the fund is a complying superannuation fund in relation to the year of

income of the fund in which the contributions are made; and

(b) the contributions are made to obtain superannuation benefits for the

taxpayer or, in the event of the death of the taxpayer, for dependants of the

taxpayer.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 10

Interpretation

10. Section 177A of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of "section 159TL

rebate";

(b) by omitting subsection (6).

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 11

Operation of Part

11. Section 177B of the Principal Act is amended by omitting subsections (5)

and (6).

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 12

Tax benefits

12. Section 177C of the Principal Act is amended:

(a) by omitting "or" from the end of paragraph (1)(b);

(b) by omitting paragraph (1)(ba);

substituting "paragraph.";

(d) by omitting paragraph (1)(e);

(e) by omitting "be; or" from the end of paragraph (2)(b) and substituting

"be.";

(f) by omitting paragraph (2)(c);

(g) by omitting from subsection (3) ", (b)(i) or (c)(i)" and substituting

"or (b)(i)";

(h) by omitting from subsection (3) "or a section 159TL rebate";

(i) by omitting from subsection (3) "or the section 159TL rebate".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 13

Cancellation of tax benefits etc.

13. Section 177F of the Principal Act is amended:

(a) by omitting "or" from the end of paragraph (1)(b);

(b) by omitting paragraph (1)(c);

(d) by omitting paragraph (3)(c).

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 14

Certain employees to be subject to provisional tax

14. Section 221YAB of the Principal Act is amended by omitting "159TL" from

the definition of "Qualifying rebates" in paragraph (b) and substituting

"159SZ".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 15

Keeping of records

15. Section 262A of the Principal Act is amended by inserting in subsection

(4A) "as in force immediately before the day on which the Taxation Laws

Amendment Act (No. 6) 1992 received the Royal Assent" after "Part III".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 16

Interpretation

16. Section 267 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of

"superannuation agreement contribution" and substituting the

following definition:

"'superannuation agreement contribution', in relation to a person (the

'eligible person'), means an eligible superannuation contribution made in

relation to the eligible person under:

(a) a superannuation agreement that has been made or ratified by an

industrial tribunal in accordance with the Commission's superannuation

principles; or

(b) an agreement that:

(i) is a superannuation agreement that has not been ratified by an

industrial tribunal; and

(ii) was entered into in connection with and, in the opinion of

the Commissioner, is identical or nearly identical to, another superannuation

agreement that:

(A) has been made or ratified by an industrial tribunal in

accordance with the Commission's superannuation principles; and

(B) relates to persons engaged in the same industry as the

industry in which the eligible person is engaged;";

(b) by inserting in subsection (1) the following definitions:

"'Commission's superannuation principles' means:

(a) the principles relating to the making or ratification of superannuation

agreements set out in a decision given on 26 June 1986 by the Australian

Conciliation and Arbitration Commission in a National Wage Case; or

(b) if those principles are varied by:

(i) the Australian Conciliation and Arbitration Commission; or

(ii) the Australian Industrial Relations Commission;

in a subsequent National Wage Case-those principles as so varied;

'eligible superannuation contributions', in relation to a person, means

contributions made (otherwise than by the person) to a complying

superannuation fund or funds to obtain superannuation benefits for the person

or, in the event of the death of the person, for the dependants of the

person;

'industrial tribunal' means an industrial tribunal constituted under a law

of the Commonwealth or of a State or Territory;

'superannuation agreement' means an agreement, award, determination or order

that requires the making of eligible superannuation contributions in relation

to persons engaged in a particular industry;".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 17

Application

17.(1) The amendments made by this Division (other than the amendments of

sections 221YAB and 262A of the Principal Act) apply to assessments in respect

of income of the 1992-93 year of income and of all later years of income.

(2) The amendment of section 221YAB of the Principal Act made by this

Division applies in relation to provisional tax (including instalments) for

the 1993-94 year of income and for later years of income.

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 18

Transitional-subsection 82AAT(2) regulations

18. Regulations in force for the purposes of subsection 82AAT(2) of the

Principal Act immediately before the commencement of this section have effect,

after that commencement, as if they had been made for the purposes of

subsection 82AAT(2) of the Principal Act as amended by this Act.

Division 4 - Amendments relating to rebates for certain superannuation

pensions and qualifying annuities

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 19

Interpretation

19. Section 159SJ of the Principal Act is amended:

(a) by omitting from subsection (1) all the definitions other than the

definitions of "applicable fund", "complying superannuation fund", "CS

policy", "ETP", "ETP Subdivision", "exempt policy", "first payment date",

"rolled-over amount", "superannuation pension" and "taxed superannuation

fund";

(b) by omitting from paragraph (a) of the definition of "first payment date"

in subsection (1) "date on which the pension or annuity first commenced to be

payable" and substituting "first day of the period to which the first payment

of the pension or annuity relates";

"'death or disability benefit', in relation to a person, means:

(a) a benefit provided to the person in the event of the death of another

person; or

(b) a benefit provided to the person in the event of the disability of the

person, where 2 legally qualified medical practitioners have certified that

the disability is likely to result in the person being unable ever to be

employed in a capacity for which the person is reasonably qualified because of

education, training or experience;

'rebatable ETP annuity' means a qualifying annuity (within the meaning of

the ETP Subdivision) where:

(a) the purchase price of the annuity consists wholly of a rolled-over

amount or rolled-over amounts; and

(b) the annuity is not a superannuation pension;

'rebatable proportion', in relation to a rebatable ETP annuity or a

rebatable superannuation pension, has the same meaning as in Division 14;

'rebatable superannuation pension' means a superannuation pension where:

(a) the applicable fund is or has been:

(i) a complying superannuation fund; or

(ii) a fund to which paragraph 23(jaa) or section 23FC, as in

force at any time before 30 June 1989, has applied; or

(iii) a fund to which paragraph 23(ja) or section 23F or 23FB, as

in force at any time before18 December 1987, has applied; or

(iv) a fund to which section 79, as in force at any time before 25

June 1984, has applied;

in relation to the year of income in which the first payment date occurs or

any earlier year of income; and

(b) the person to whom the pension first became payable is not the trustee

of the applicable fund;

'rebatable 27H amount', in relation to a rebatable ETP annuity or a

rebatable superannuation pension and in relation to a year of income, means:

(a) if:

(i) the 55th birthday of the recipient of the annuity or pension

occurred before the year of income; or

(ii) the annuity or pension is a death or disability benefit for

the recipient;

an amount included in assessable income under section 27H in respect of the

annuity or pension; or

(b) in any other case-so much (if any) of an amount included in assessable

income under section 27H in respect of the annuity or pension as is

attributable to a payment of the annuity or pension made on or after the

recipient's 55th birthday;

'recipient', in relation to an annuity or pension, means the person who

derives the annuity or pension;";

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 20

Repeal of section 159SK

20. Section 159SK of the Principal Act is repealed.

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 21

Accrual period for a superannuation pension

21. Section 159SL of the Principal Act is amended:

(a) by re-locating and re-numbering the section so that:

(i) it becomes section 275C; and

(ii) it is located after section 275B;

(b) by omitting from subsection (2) "The accrual period" and substituting

"For the purposes of section 275B, the accrual period";

For the purposes of this section, the accrual period";

(d) by re-ordering and re-numbering subsections (1) and (2) so that:

(i) subsection (1) becomes subsection (2); and

(ii) subsection (2) becomes subsection (1);

(e) by adding at the end the following subsections:

"(5) For the purposes of this section, the notional purchase price of a

superannuation pension is attributable to an ETP to the extent to which that

notional purchase price may reasonably be regarded as consisting of any part

of the ETP that has been rolled-over within the meaning of Subdivision AA of

Division 2 of Part III.

"(6) In this section:

'eligible service period' has the same meaning as in Subdivision AA of

Division 2 of Part III;

'first payment date' has the same meaning as in section 275B;

'notional purchase price' has the same meaning as in section 275B;

'section 27A ETP definition' means the definition of 'eligible termination

payment' in section 27A.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 22

Entitlement to rebate-superannuation pension

22. Section 159SM of the Principal Act is amended by omitting subsection (1)

and substituting the following subsection:

"(1) Subject to subsection (2), for each rebatable 27H amount included in a

taxpayer's assessable income of a year of income in respect of a rebatable

superannuation pension, the taxpayer is entitled to a rebate of tax in the

taxpayer's assessment for the year of income of an amount worked out using the

formula:

Reduced 27H x Rebatable proportion x 15%

amount of pension

where:

'Reduced 27H amount' is the rebatable 27H amount, reduced by the total of

the amounts specified in notices under section 159SS given in relation to

payments of the pension during the year of income (other than payments made

before the taxpayer's 55th birthday).".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 23

Repeal of sections 159SN to 159SR (inclusive)

23. Sections 159SN to 159SR (inclusive) of the Principal Act are repealed.

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 24

Entitlement to rebate-rebatable ETP annuity

24. Section 159SU of the Principal Act is amended by omitting all the words

after "of an amount" and substituting "worked out using the formula:

Rebatable 27H x Rebatable proportion x 15%

amount of annuity

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 25

Repeal of sections 159SV to 159SY (inclusive)

25. Sections 159SV to 159SY (inclusive) of the Principal Act are repealed.

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 26

Application of pre-1 July 88 funding credits

26. Section 275B of the Principal Act is amended:

(a) by omitting from subsection (3) the definition of the component

"Notional purchase price" and substituting the following definition:

"Notional purchase price is the notional purchase price of the pension;";

(b) by omitting from subsection (7) the definitions of "accrual period" and

"first payment date" and substituting the following definitions:

"'accrual period' has the meaning given by section 275C;

'first payment date', in relation to a pension, means the first day of the

period to which the first payment of the pension relates;

'notional purchase price', in relation to a pension, means the net present

value of the pension on the date on which the pension first commenced to be

payable;".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 27

Application

27. The amendments made by this Division apply to payments of annuities or

pensions on or after 1 July 1994.

Division 5 - Amendments relating to the undeducted purchase price of an

annuity or superannuation pension

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 28

Interpretation

28. Section 27A of the Principal Act is amended by omitting from subsection

(1) the definition of "undeducted purchase price" and substituting the

following definition:

"'undeducted purchase price', in relation to an annuity or superannuation

pension, means:

(a) if:

(i) the first day of the period to which the first payment of the

annuity or pension relates is before 1 July 1994; or

(ii) the first day of the period to which the first payment of the

annuity or pension relates is on or after 1 July 1994 and either:

(A) the annuity or pension is not a rebatable ETP annuity, or a

rebatable superannuation pension, within the meaning of section 159SJ; or

(B) in the case of a pension-a notice under section 159SS was

given in relation to any payment of the pension during any year of income;

the sum of:

(iii) so much of the purchase price of the annuity or pension as

was paid before 1 July 1983 and:

(A) has not been, and will not be, an allowable deduction; and

(B) has not been, and is not to be, treated as a rebatable

amount for the purposes of section 159N as in force at any time before the

commencement of the Taxation Laws Amendment Act (No. 2) 1985; and

has been allowed, or is allowable, in assessments for income tax under this

Act or any previous law of the Commonwealth; and

(iv) so much of the purchase price of the annuity or pension as

was paid on or after 1 July 1983 and has not been, and will not be, an

allowable deduction, reduced by so much of the purchase price of the annuity

or pension as is taken, because of section 27D, to consist of an amount to

which sub-subparagraph 27D(1)(b)(iii)(A) or (B) applies; or

(b) in any other case-so much of the purchase price of the annuity or

pension as was paid on or after 1 July 1983 and has not been, and will not be,

an allowable deduction, reduced by so much of the purchase price of the

annuity or pension as is taken, because of section 27D, to consist of an

amount to which sub-subparagraph 27D(1)(b)(iii)(A), (B), (BA), (D) or (E)

applies;".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 29

Application of pre-1 July 88 funding credits

29. Section 275B of the Principal Act is amended by inserting "subparagraph

(a)(iv) or" before "paragraph (b)" in the definition of "UPP" in subsection

(3).

Division 6 - Amendments relating to the unused undeducted purchase price

of certain annuities and superannuation pensions

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 30

Interpretation

30. Section 27A of the Principal Act is amended:

(a) by omitting from paragraph (d) of the definition of "eligible

termination payment" in subsection (1) ", reduced (except in the case of an

ISC-directed commutation payment) by the unused undeducted purchase price in

relation to the superannuation pension";

(b) by omitting from paragraph (da) of that definition all the words after

"being made to the trustee;";

"being made to the taxpayer;";

(d) by omitting from paragraph (e) of that definition ", reduced by the

unused undeducted purchase price in relation to the superannuation pension";

(e) by omitting from subparagraph (f)(ii) of that definition "payable," and

substituting "payable;";

(f) by omitting from paragraph (f) of that definition "reduced by the unused

undeducted purchase price in relation to the pension;";

(g) by omitting from paragraph (g) of that definition ", reduced (except in

the case of an ISC-directed commutation payment) by the unused undeducted

purchase price in relation to the annuity";

(h) by omitting from paragraph (ga) of that definition all the words after

"being made to the trustee";

(i) by omitting from paragraph (gb) of that definition all the words after

"being made to the taxpayer";

(j) by omitting from paragraph (h) of that definition ", reduced by the

unused undeducted purchase price in relation to the qualifying annuity";

(k) by omitting from subparagraph (j)(ii) of that definition "payable," and

substituting "payable;";

(l) by omitting from paragraph (j) of that definition "reduced by the unused

undeducted purchase price in relation to the annuity,";

(m) by omitting from subsection (1) the definition of "undeducted

contributions" and substituting the following definition:

"'undeducted contributions', in relation to an ETP made in relation to a

taxpayer, means:

(a) if the ETP is covered by paragraph (d), (e) or (f) of the definition of

'eligible termination payment'-the unused undeducted purchase price in

relation to the superannuation pension concerned; or

(b) if the ETP is covered by paragraph (da) or (db) of the definition of

'eligible termination payment'-the amount that would have been the unused

undeducted purchase price in relation to the superannuation pension concerned;

'eligible termination payment'-the unused undeducted purchase price in

relation to the annuity concerned; or

(d) if the ETP is covered by paragraph (ga) or (gb) of the definition of

'eligible termination payment'-the amount that would have been the unused

undeducted purchase price in relation to the annuity concerned (having regard

only to contributions made to the fund concerned); or

(e) if:

(i) the ETP is covered by any other paragraph of the definition of

'eligible termination payment'; or

(ii) paragraph (a), (b), (c) or (d) of this definition applies,

but the amount worked out under that paragraph is nil;

so much of the ETP as is attributable to contributions made by the taxpayer,

or by another person, after 30 June 1983 to a superannuation fund, where:

(iii) the contributions were made in order to obtain

superannuation benefits; and

(iv) no deductions are allowable or have been allowed to the

taxpayer or to the other person in respect of the contributions;";

(n) by inserting in subsection (7) "paragraph (e) of " after "the purposes

of ".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 31

Taxed and untaxed elements of post-June 83 component

31. Section 27AB of the Principal Act is amended by omitting paragraph

(3)(b) and substituting the following paragraph:

"(b) if paragraph (a) does not apply-the amount that would have been the

amount of the post-June 83 component if the ETP had been equal to the amount

worked out using the formula:

ETP x Days in eligible service period

Days in total service period

where:

'ETP' is the amount of the ETP reduced by the amount of the excessive

component (if any);

'Days in eligible service period' means the number of whole days in the

eligible service period in relation to the ETP;

'Days in total service period' means the sum of:

(i) the number of whole days in the eligible service period in

relation to the ETP; and

(ii) the number of whole days in the period commencing on the date

of the death of the member of the fund and ending on the last retirement

date.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 32

Assessable income to include annuities and superannuation pensions

32. Section 27H of the Principal Act is amended:

(a) by omitting paragraph (3A)(a) and substituting the following paragraph:

"(a) the extent to which the payment made in relation to the commutation

consisted of undeducted contributions;";

(b) by omitting from paragraph (3A)(b) "components other than the post-June

83 component" and substituting "undeducted contributions".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 33

Application

33.(1) The amendments made by this Division (other than section 32) apply in

relation to ETPs made on or after 1 July 1994 (other than ISC-directed

commutation payments).

(2) The amendments made by section 32 apply in relation to annuities where

the first day of the period to which the first payment of the annuity relates

is on or after 1 July 1994.

Division 7 - Amendments to extend the meaning of pensions and annuities,

and to provide for minimum standards for certain annuities

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 34

Interpretation

34. Section 27A of the Principal Act is amended:

(a) by inserting in subsection (1) the following definitions:

"'annuity' has the same meaning as in section 3 of the Occupational

Superannuation Standards Act 1987;

'pension' has the same meaning as in section 3 of the Occupational

Superannuation Standards Act 1987;";

(b) by adding at the end of paragraph (b) of the definition of "eligible

annuity" in subsection (1) the following subparagraph:

"(vii) if the annuity is of a kind specified in the regulations-the annuity

is taken, under the regulations, to meet the annuity standards;".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 36

Interpretation

36. Section 221A of the Principal Act is amended by inserting the following

definitions in subsection (1):

"'annuity' has the same meaning as in section 3 of the Occupational

Superannuation Standards Act 1987;

'pension' has the same meaning as in section 3 of the Occupational

Superannuation Standards Act 1987;".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 37

Interpretation

37. Section 267 of the Principal Act is amended by inserting the following

definitions in subsection (1):

"'annuity' has the same meaning as in section 3 of the Occupational

Superannuation Standards Act 1987;

'pension' has the same meaning as in section 3 of the Occupational

Superannuation Standards Act 1987;".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 38

Application

38. The amendments made by this Division (other than section 36) apply as

follows:

(a) to the extent that the amendments relate to annuities-to annuities

purchased after the commencement of this section;

(b) to the extent that the amendments relate to pensions-to payments of

pensions made after the commencement of this section.

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 39

Transitional

39. The first regulations made for the purposes of subparagraph (b)(vii) of

the definition of "eligible annuity" in subsection 27A(1) of the Principal Act

as amended by this Act may be expressed to apply in relation to annuities

purchased during any period after the commencement of this section.

Division 8 - Amendments abolishing a taxpayer's ability to choose which

parts of an ETP (other than undeducted contributions and

concessional components) are rolled-over

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 40

Interpretation

40. Section 27A of the Principal Act is amended by omitting subsection (10).

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 41

Components of an ETP

41. Section 27AA of the Principal Act is amended by omitting subsection (2).

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 42

42. After section 27AB of the Principal Act the following section is

inserted:

ETP-retained amounts

(Section applies if ETP made)

"27AC.(1) This section applies if an ETP is made in relation to a taxpayer.

(Retained amounts)

"(2) For the purposes of this Subdivision:

(a) the retained amount of the ETP is so much of the ETP as was not

rolled-over; and

(b) the retained amount of a concessional component of the ETP is so much of

the concessional component as was not rolled-over; and

ETP is so much of the undeducted contributions as was not rolled-over; and

(d) the retained amount of the pre-July 83 component of the ETP is whichever

is the lesser of the following amounts:

(i) the amount worked out using the formula:

Retained Retained Non-qualifying

amount - amount of - component - Excessive x Pre-July 83

of ETP concessional of ETP component Total period

component of of ETP

ETP

where:

'Pre-July 83' is the number of whole days (if any) in the eligible service

period that occurred before 1 July 1983;

'Total period' is the number of whole days in the eligible service period;

(ii) the amount represented by the following component in

subparagraph (i), reduced by the retained amount of the undeducted

contributions:

Retained Retained Non-

amount - amount of - qualifying - Excessive x ; and

of ETP concessional component component

component of of ETP of ETP

ETP

(e) the retained amount of the post-June 83 component is the retained amount

of the ETP, reduced by:

(i) the retained amount of the concessional component of the ETP;

and

(ii) the retained amount of the undeducted contributions in

relation to the ETP; and

(iii) the non-qualifying component of the ETP; and

(iv) the excessive component of the ETP; and

(v) the retained amount of the pre-July 83 component of the ETP.

(Commissioner may increase subparagraph (2)(d)(i) amount)

"(3) The Commissioner may increase the amount calculated under subparagraph

(2)(d)(i) if the Commissioner considers it appropriate to do so having regard

to the following matters:

(a) if the ETP relates to employment in which the taxpayer was engaged on 30

June 1983-the amount of an ETP that could, in the Commissioner's opinion,

reasonably be expected to have been made in relation to the taxpayer in

consequence of the termination of that employment if that employment had been

terminated on that date;

(b) if the ETP relates to membership of the taxpayer of a superannuation

fund on 30 June 1983-the amount of an ETP that could, in the Commissioner's

opinion, reasonably be expected to have been made in relation to the taxpayer

from the fund in consequence of the termination of the taxpayer's membership

of the fund if that membership had been terminated on that date;

(i) this subsection; or

(ii) subsection 27AA(2) as in force at any time before the

commencement of section 1 of the Taxation Laws Amendment Act (No. 6) 1992; or

(iii) subsection 27B(2) as in force at any time before the

commencement of section 1 of the Taxation Laws Amendment (Superannuation) Act

1989;

(d) such other matters as the Commissioner considers relevant.

(Taxed element of retained amount of post-June 83 component)

"(4) For the purposes of this Subdivision, the taxed element of the retained

amount of the post-June 83 component of the ETP is the retained amount of the

post-June 83 component, reduced by the untaxed element of the retained amount

of the post-June 83 component.

(Untaxed element of retained amount of post-June 83 component)

"(5) For the purposes of this Subdivision, the untaxed element of the

retained amount of the post-June 83 component is the untaxed element of the

post-June 83 component, reduced by so much of that element as has been

rolled-over.

(Increased subparagraph (2)(d)(i) amount-further reduction of subsection (5)

amount)

"(6) If, under subsection (3), the Commissioner increases the amount

calculated under subparagraph (2)(d)(i) in relation to an ETP, the amount

calculated under subsection (5) is to be further reduced:

(a) if the amount of the increase does not exceed the amount calculated

under subsection (5)-by the amount of the increase; or

(b) if the amount of the increase exceeds the amount calculated under

subsection (5)-to 0.

(Retained amounts where subsection 27AA(3) applies)

"(7) If subsection 27AA(3) applies in relation to an ETP, subsection (2) of

this section has effect as if the amounts calculated in relation to the ETP

under paragraphs (2)(d) and (e) were both 0.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 43

Assessable income to include certain superannuation and kindred

payments

43. Section 27B of the Principal Act is amended by omitting subsection (1)

and substituting the following subsection:

"(1) If an ETP is made in relation to a taxpayer in a year of income, the

taxpayer's assessable income of the year of income includes:

(a) the taxed element of the retained amount of the post-June 83 component;

and

(b) the untaxed element of the retained amount of the post-June 83

component.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 44

Assessable income to include 5% of certain amounts

44. Section 27C of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsection:

"(1) Subject to subsection (1A), if an ETP is made in relation to a taxpayer

in a year of income, the taxpayer's assessable income of the year of income

includes 5% of the retained amount of the pre-July 83 component.";

(b) by omitting subsection (2) and substituting the following subsection:

"(2) If an ETP is made in relation to a taxpayer in a year of income, the

taxpayer's assessable income of the year of income includes 5% of the retained

amount of the concessional component.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 45

Roll-over of ETPs

45. Section 27D of the Principal Act is amended:

(a) by omitting from subparagraphs (1)(b)(i) and (ii) "this paragraph" and

substituting "this section";

(b) by omitting from subparagraph (1)(b)(iii) "this subparagraph" and

substituting "this section";

"(4) A taxpayer's election under subsection (1) is taken to have specified

the amount worked out using the steps set out in the following provisions of

this section as the extent to which the taxpayer wishes a particular applied

amount to be regarded as consisting of an eligible component covered by

sub-subparagraph (1)(b)(iii)(A), (B) or (BA).

"(5) Step 1: the applied amount consists of the following notional

components:

(a) the notional concessional component, which is the amount (including a

nil amount) specified in the taxpayer's election under subsection (1) as the

extent to which the taxpayer wishes the applied amount to be regarded as

consisting of the eligible component covered by sub-subparagraph

(1)(b)(iii)(D);

(b) the notional undeducted contributions, which is the amount (including a

nil amount) specified in the taxpayer's election under subsection (1) as the

extent to which the taxpayer wishes the applied amount to be regarded as

consisting of the eligible component covered by sub-subparagraph

(1)(b)(iii)(C);

amounts:

(i) the amount worked out using the formula:

Notional Pre-July 83

Applied - concessional x Total period

amount component

where:

'Pre-July 83' is the number of whole days (if any) in the eligible service

period that occurred before 1 July 1983;

'Total period' is the number of whole days in the eligible service period;

(ii) the amount represented by the component (Applied

amount-Notional concessional component) in subparagraph (i), reduced by the

notional undeducted contributions;

(d) the notional post-June 83 component, which is the applied amount reduced

by the other notional components.

"(6) Step 2: if the applied amount includes a notional pre-July 83 component,

the taxpayer's election under subsection (1) is taken to have specified that

notional component as the extent to which the taxpayer wishes the applied

amount to be regarded as consisting of the eligible component covered by

sub-subparagraph (1)(b)(iii)(BA).

"(7) Step 3: if the applied amount includes a notional post-June 83

component, the taxpayer's election under subsection (1) has no effect unless

the following rules are complied with:

(a) the sum of:

(i) the amount specified in the taxpayer's election under

subsection (1) as the extent to which the taxpayer wishes the applied amount

to be regarded as consisting of the eligible component covered by

sub-subparagraph (1)(b)(iii)(A); and

(ii) the amount specified in the taxpayer's election under

subsection (1) as the extent to which the taxpayer wishes the applied amount

to be regarded as consisting of the eligible component covered by

sub-subparagraph (1)(b)(iii)(B);

must equal the notional post-June 83 component of the applied amount;

(b) the amount specified in the taxpayer's election under subsection (1) as

the extent to which the taxpayer wishes the applied amount to be regarded as

consisting of the eligible component covered by sub-subparagraph

(1)(b)(iii)(B) must not exceed the untaxed element of the post-June 83

component of the qualifying eligible termination payment, reduced by the sum

of:

(i) if there are one or more other applied amounts which relate to

one or more earlier qualifying roll-over payments (which other applied amounts

are called 'previous applied amounts')-the amount specified in the taxpayer's

election under subsection (1) as the extent to which the taxpayer wishes the

previous applied amounts to be regarded as consisting of that eligible

component; and

(ii) the untaxed element of the retained amount of the post-June

83 component of the qualifying eligible termination payment;

the taxpayer wishes the applied amount to be regarded as consisting of the

eligible component covered by sub-subparagraph (1)(b)(iii)(A) must not exceed

the sum of:

(i) the taxed element of the post-June 83 component of the

qualifying eligible termination payment, reduced, in a case where there are

one or more other applied amounts which relate to one or more earlier

qualifying roll-over payments (which other applied amounts are called

'previous applied amounts'), by the sum of the amounts specified in the

taxpayer's election under subsection (1) as the extent to which the taxpayer

wishes the previous applied amounts to be regarded as consisting of that

eligible component; and

(ii) if the sum of:

(A) the notional post-June 83 component of the applied amount;

and

(B) if there are one or more other applied amounts-the notional

post-June 83 components of those other applied amounts; and

qualifying eligible termination payment;

exceeds the post-June 83 component of the qualifying eligible termination

payment-the amount calculated using the formula:

Notional post-June 83

component of applied - Limit calculated + Amount calculated

amount under paragraph (b) under subparagraph (i).".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 46

Application

(Basic application-amounts rolled-over on or after 1 July 1992)

46.(1) The amendments made by this Division apply to:

(a) an ETP made on or after 1 July 1992; and

(b) an ETP made before 1 July 1992 where:

(i) the roll-over period ended on or after 1 July 1992; and

(ii) no part of the ETP was rolled-over before 1 July 1992.

(Amounts deemed to have been rolled-over before 1 July 1992 if cheque posted

before that date)

(2) For the purposes of subsection (1), if:

(a) an amount is paid as mentioned in paragraph 27A(12)(a), (b) or (c) of

the Principal Act; and

(b) the amount is paid by cheque; and

the amount is taken to have been paid before 1 July 1992.

Division 9 - Amendments abolishing the 90-day roll-over period for ETPs

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 47

Interpretation

47. Section 27A of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of "roll-over period";

(b) by omitting subsection (6);

relation to the eligible termination payment" and substituting

"immediately after the eligible termination payment is made".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 48

Roll-over of ETPs

48. Section 27D of the Principal Act is amended by omitting from

subparagraph (1)(b)(i) "during the roll-over period in relation to the

qualifying eligible termination payment" and substituting "immediately after

the qualifying eligible termination payment is made".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 49

Application

49. The amendments made by this Division apply in relation to eligible

termination payments made on or after 1 July 1994.

Division 10 - Amendments relating to the components of ETPs known as

bona fide redundancy payments, approved early retirement

scheme payments and invalidity payments

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 50

Interpretation

50. Section 27A of the Principal Act is amended:

(a) by inserting before paragraph (k) of the definition of "eligible

termination payment" in subsection (1) the following paragraph:

"(ja) the tax-free amount of a bona fide redundancy payment, or of an

approved early retirement scheme payment, made on or after 1 July 1994;";

(b) by omitting from subsection (1) the definition of "concessional

component" and substituting the following definition:

"'concessional component', in relation to an ETP, means so much of the ETP

as consists of, or is attributable to:

(a) a bona fide redundancy payment made before 1 July 1994; or

(b) an approved early retirement scheme payment made before 1 July 1994; or

"'post-June 1994 invalidity component', in relation to an ETP, means so much

of the ETP as consists of, or is attributable to, an invalidity payment made

on or after 1 July 1994;

'tax-free amount', in relation to a bona fide redundancy payment or an

approved early retirement scheme payment, has the meaning given by subsection

(19);";

(d) by adding at the end the following subsections:

"(19) For the purposes of this Subdivision, the tax-free amount of a bona

fide redundancy payment, or of an approved early retirement scheme payment,

made during a year of income is so much of the payment as does not exceed:

(a) if the year of income is the 1994-95 year of income-the amount worked

out using the formula:

$4,000 + $2,000 x Years of service

where:

'Years of service' means the number of whole years in the period, or the

aggregate of the periods, of the employment to which the payment relates; or

(b) if the year of income is a later year of income-the amount worked out

using that formula subject to the indexation arrangements set out in

subsection (20).

"(20) The formula in subsection (19) applies for the 1995-96 year of income

or a later year of income as if each indexable amount were replaced by the

amount worked out using the formula:

Indexation factor x Previous indexable amount

where:

'Indexation factor' means the indexation factor for the year of income

worked out under section 159SG;

'Previous indexable amount' means the indexable amount for the previous year

of income.

"(21): In subsection (20):

'indexable amount' means:

(a) an amount of $4,000 or $2,000 specified in the formula in subsection

(19); or

(b) if that amount has previously been altered under subsection (20)-the

altered amount.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 51

Components of an ETP

51. Section 27AA of the Principal Act is amended:

(a) by inserting after paragraph (1)(a) the following paragraph:

"(aa) the post-June 1994 invalidity component;";

(b) by omitting from paragraph (1)(d) "(ETP-C-NQ-C)" (wherever occurring) and

substituting "(ETP-C-IC-NQ-EC)";

(1)(d)(i) the following definition:

"IC is the post-June 1994 invalidity component;".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 52

ETP-retained amounts

52. Section 27AC of the Principal Act is amended:

(a) by inserting after paragraph (2)(b) the following paragraph:

"(ba) the retained amount of the post-June 1994 invalidity component is so

much of the post-June 1994 invalidity component as was not rolled-over; and";

(b) by omitting from paragraph (2)(d) the following component (wherever

occurring):

Retained Excessive

"Retained amount of Non-qualifying component

amount - concessional - component - of ETP"

of ETP component of ETP

of ETP

and substituting the following component:

Retained

Retained amount of Excessive

"Retained amount of post-June Non-qualifying component

amount - concessional - 1994 - component - of ETP"

of ETP component invalidity of ETP

of ETP component

of ETP

"(ia) the retained amount of the post-June 1994 invalidity component of the

ETP; and".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 53

53. After section 27CA of the Principal Act the following section is

inserted:

Exemption from tax-post-June 1994 invalidity component and tax-free amount of

bona fide redundancy payment or approved early retirement scheme payment

(Exemption)

"27CB.(1) If:

(a) an ETP is made in relation to a taxpayer on or after 1 July 1994; and

(b) the ETP includes any of the following amounts ('exempt amounts'):

(i) a post-June 1994 invalidity component;

(ii) a tax-free amount of a bona fide redundancy payment;

(iii) a tax-free amount of an approved early retirement scheme

payment;

then:

and

(d) the exempt amount is to be ignored in working out whether a capital gain

accrues to the taxpayer under Part IIIA in respect of the making of the ETP.

(Tax-free amount of bona fide redundancy payment, or approved early retirement

scheme payment, to be treated as part of ETP)

"(2) For the purposes of subsection (1), it is to be assumed that paragraph

(ja) of the definition of 'eligible termination payment' in subsection 27A(1)

had not been enacted.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 54

Roll-over of ETPs

54. Section 27D of the Principal Act is amended:

(a) by inserting after sub-subparagraph (1)(b)(iii)(D) the following

sub-subparagraph:

"(E) the post-June 1994 invalidity component;";

(b) by inserting after paragraph (5)(a) the following paragraph:

"(aa) the notional post-June 1994 invalidity component, which is the amount

(including a nil amount) specified in the taxpayer's election under subsection

(1) as the extent to which the taxpayer wishes the applied amount to be

regarded as consisting of the eligible component covered by sub-subparagraph

(1)(b)(iii)(E);";

occurring):

Notional

"Applied - concessional

amount component"

and substituting the following component:

Notional Notional post-June

"Applied - concessional - 1994 invalidity

amount component component".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 55

Approved early retirement scheme payments

55. Section 27E of the Principal Act is amended:

(a) by inserting after paragraph (4)(a) the following paragraph:

"(aa) if the eligible termination payment is made on or after 1 July

1994-the payment was not made to the taxpayer from an eligible superannuation

fund;";

(b) by adding at the end the following subsection:

"(6) For the purposes of this section, it is to be assumed that paragraph

(ja) of the definition of 'eligible termination payment' in subsection 27A(1)

had not been enacted.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 56

Bona fide redundancy payments

56. Section 27F of the Principal Act is amended:

(a) by inserting after paragraph (1)(a) the following paragraph:

"(aa) if the eligible termination payment is made on or after 1 July

1994-the payment was not made to the taxpayer from an eligible superannuation

fund;";

(b) by adding at the end the following subsection:

"(3) For the purposes of this section, it is to be assumed that paragraph

(ja) of the definition of 'eligible termination payment' in subsection 27A(1)

had not been enacted.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 57

Invalidity payments

57. Section 27G of the Principal Act is amended by omitting subparagraph

(b)(i) and substituting the following subparagraph:

"(i) because of:

(A) if the eligible termination payment is made before 1 July

1994-the taxpayer's physical or mental incapacity to engage in that

employment; or

(B) if the eligible termination payment is made on or after 1

July 1994-the disability of the taxpayer, where 2 legally qualified medical

practitioners have certified that the disability is likely to result in the

taxpayer being unable ever to be employed in a capacity for which the taxpayer

is reasonably qualified because of education, training or experience; and".

Division 11 - Amendments relating to reasonable benefit limits (RBLs)

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 58

Interpretation

58. Section 27A of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of "ISC-directed

commutation payment";

(b) by omitting from subsection (1) the definition of "excessive component"

and substituting the following definition:

"'excessive component', in relation to an ETP, means so much of the ETP as

the Commissioner has determined under subsection 140R(1) exceeds the

reasonable benefit limits;";

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 59

Components of an ETP

59. Section 27AA of the Principal Act is amended:

(a) by omitting paragraphs (3)(b) and (c) and substituting the following

paragraphs:

"(b) the ETP consists of or includes a payment that is an ETP to which

subsection 140M(1) applies; and

of the reasonable benefit limits in relation to the ETP;";

(b) by omitting subsection (6).

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 60

60. Before Division 15 of Part III of the Principal Act the following

Division is inserted:

"Division 14-Reasonable benefit limits (RBLs)

"Subdivision A-Objects, simplified outline and example

Objects of Division

"140. The objects of this Division are:

(a) to provide for a system of reasonable benefit limits (RBLs) applicable

to certain eligible termination payments (ETPs), superannuation pensions and

annuities; and

(b) to require the payer of such an ETP, pension or annuity to give the

Commissioner information about the ETP, pension or annuity; and

ETP, pension or annuity exceeds the recipient's RBLs; and

(d) in the case of an ETP which exceeds the recipient's RBLs-to generate an

excessive component, which is included in assessable income under subsection

27B(3) and not subject to any concessional tax treatment; and

(e) in the case of a pension or annuity which exceeds the recipient's

RBLs-to generate an excessive amount, which is used to work out the proportion

(if any) of the pension or annuity that is rebatable under Subdivision AAB of

Division 17.

Simplified outline (Outline)

"140A.(1) The following is a simplified outline of the scheme of this

Division.

(Step 1-payer of ETP, pension or annuity notifies Commissioner)

"(2) The payer of an ETP, superannuation pension or annuity must give the

Commissioner information about the ETP, pension or annuity (section 140M).

The payer is not required to notify the Commissioner if the ETP, pension or

annuity does not count towards the recipient's RBLs. Section 140ZC sets out

the benefits which count towards the recipient's RBLs. The payer is taken not

to have paid an ETP to the extent to which the ETP is rolled-over (section

140D).

(Step 2-Commissioner determines extent to which the ETP, pension or annuity

exceeds the recipient's RBLs)

"(3) Subdivision D provides for the Commissioner to determine the extent to

which the ETP, pension or annuity exceeds the recipient's RBLs.

(Step 3-Method of determining extent to which the ETP, pension or annuity

('current benefit') exceeds the recipient's RBLs)

Current benefit in excess of recipient's RBLs

TABLE OMITTED

Current benefit not in excess of recipient's RBLs

TABLE OMITTED

"(4) The method of determining the extent to which the ETP, pension or

annuity ('current benefit') exceeds the recipient's RBLs is set out in section

140ZA. The method may be summarised as follows:

(a) work out the RBL amount of the ETP, pension or annuity (see Subdivision

H);

(b) work out the sum of the adjusted RBL amounts of previous benefits (see

subsections 140ZA(4) and (5));

the recipient's lump sum RBL or the recipient's pension RBL (see subsection

140ZA(3) and section 140ZF);

(d) work out the amount of whichever of the lump sum RBL or the pension RBL

is applicable (see Subdivision G);

(e) apply the RBL formula set out in subsection 140ZA(3), namely:

RBL amount of Sum of adjusted Applicable

current benefit + RBL amounts of - RBL

previous benefits

(f) if the amount ('formula amount') calculated using the RBL formula

exceeds 0, then:

(i) the ETP, pension or annuity exceeds the recipient's RBLs; and

(ii) the amount of that excess is equal to so much of the RBL

amount of the ETP, pension or annuity as does not exceed the formula amount;

(g) if the formula amount does not exceed 0, the ETP, pension or annuity is

not in excess of the recipient's RBLs.

Example of how to determine whether a benefit is in excess of the recipient's

RBLs

(Typical example)

"140B.(1) This section sets out how to determine whether a benefit exceeds

the recipient's RBLs in a typical case involving a 61-year old person who

receives a retirement lump sum (ETP) from an employer-sponsored superannuation

fund. The person retires on31 December 1994 at the end of a 10-year period of

employment. All contributions to the superannuation fund were made by the

person's employer. The amount of the ETP is $500,000. The ETP consists

wholly of the taxed element of the post-June 83 component of the ETP. The

person has not received any previous benefits which count towards the person's

RBLs.

The person is considering the following options:

(a) taking the whole of the ETP (and not rolling-over any of the ETP);

(b) rolling-over the whole of the ETP in the purchase from a life assurance

company of an annuity which meets the pension and annuity standards.

(Option (a)-taking the whole of the ETP (and not rolling-over any of the

ETP))

"(2) If the person takes the whole of the ETP (and does not roll-over any of

the ETP), the RBL amount of the ETP is $500,000(section 140ZH). The ETP will

be assessed against the person's lump sum RBL ($400,000 for 1994-95). The

result of applying the RBL formula is as follows:

$500,000 + 0 - $400,000 = $100,000

$100,000 exceeds 0, so the ETP is in excess of the person's RBLs. The amount

of that excess is $100,000.

(Option (b)-rolling-over the ETP in the purchase from a life assurance company

of an annuity which meets the pension and annuity standards)

"(3) If the person rolls-over the ETP in the purchase from a life assurance

company of an annuity which meets the pension and annuity standards, the

benefit to be assessed against the person's RBLs is the annuity instead of the

ETP. The RBL amount of the annuity is $500,000, that is, the amount of the

ETP rolled-over to purchase the annuity (section 140ZM). The annuity is

assessed against the person's pension RBL ($800,000 for 1994-95). The result

of applying the RBL formula is as follows:

$500,000 + 0 - $800,000 = -$300,000

Since the amount calculated using the RBL formula does not exceed 0, the

annuity is not in excess of the person's RBLs.

"Subdivision B-Interpretation

Interpretation

"140C. In this Division, unless the contrary intention appears:

'ADF' means an approved deposit fund within the meaning of section 27A;

'annuity' means an annuity (within the meaning of section 3 of the

Occupational Superannuation Standards Act 1987) purchased wholly or partly

with rolled-over amounts;

'associate' has the same meaning as in section 26AAB;

'benefit', in relation to a person, means:

(a) a superannuation pension payable to the person; or

(b) an annuity payable to the person; or

'capital value' has the meaning given by sections 140ZO and 140ZP;

'commencement day', in relation to a superannuation pension or an annuity,

means the first day of the period to which the first payment of the pension or

annuity relates;

'continuously non-complying ADF' has the same meaning as in section 27A;

'data processing device' means any article or material (for example, a disc)

from which information is capable of being reproduced with or without the aid

of any other article or device;

'deferred annuity' means an annuity that is not presently payable;

'disability superannuation pension' means a superannuation pension payable

to a person because of the disability of the person, where 2 legally qualified

medical practitioners have certified that the disability is likely to result

in the person being unable ever to be employed in a capacity for which the

person is reasonably qualified because of education, experience or training;

'eligible service period', in relation to an ETP, has the same meaning as in

section 27A;

'eligible service period', in relation to a superannuation pension payable

to a person by the trustees of a superannuation fund, means:

(a) except where paragraph (b) (which deals with roll-overs) applies-the

period:

(i) beginning on whichever is the earlier of:

(A) the day on which the person joined the fund; or

(B) the first day of the period of employment to which the

pension relates (including any qualifying period before the person was able to

join the fund and any period during which the person was not a member of the

fund); and

(ii) ending at the end of the commencement day of the pension; or

(b) if:

(i) the whole or a part of the capital value of the pension is

attributable to an ETP the whole or a part of which had been rolled-over into

the fund; and

(ii) the eligible service period of the ETP begins on an earlier

day than the beginning of the period that would be the eligible service period

of the pension under paragraph (a);

the period:

(iii) beginning on that earlier day; and

(iv) ending at the end of the commencement day of the pension;

'employment' includes the holding of any office, and 'employee' and

'employer' have corresponding meanings;

'ETP' means an eligible termination payment within the meaning of section

27A, but does not include an ISC-directed commutation payment within the

meaning of that section as in force immediately before the commencement of

this section;

'excessive amount', in relation to a superannuation pension or an annuity,

means so much of the RBL amount of the pension or annuity as the Commissioner

has determined under subsection 140R(1) exceeds the recipient's RBLs;

'excessive component', in relation to an ETP, means so much of the ETP as

the Commissioner has determined under subsection 140R(1) exceeds the

recipient's RBLs;

'final determination' means a determination under subsection 140R(1);

'immediate annuity' means an annuity that is presently payable;

'index number', in relation to a quarter, means the amount of the full-time

adult average weekly ordinary time earnings first published by the Australian

Statistician for the middle month of that quarter;

'interim determination' means an interim determination under section 140T;

'life assurance company' has the same meaning as in section 27A;

'lump sum RBL' has the meaning given by sections 140ZD and 140ZE;

'non-qualifying component' has the same meaning as in section 27A;

'payer' means a person or other entity (other than a continuously

non-complying ADF) that makes, or is liable to make, a payment of a benefit;

'pension' has the same meaning as in section 3 of the Occupational

Superannuation Standards Act 1987;

'pension and annuity standards' has the meaning given by section 140L;

'pension RBL' has the meaning given by sections 140ZD and 140ZE;

'pension valuation factor' means the factor ascertained in accordance with

the regulations;

'qualifying portion' has the meaning given by section 140ZG;

'quarter' means a period of 3 months ending on 31 March, 30 June, 30

September or 31 December;

'RBL amount', in relation to a benefit, has the meaning given by whichever

provision of Subdivision H is applicable;

'rebatable ETP annuity' has the same meaning as in section 159SJ;

'rebatable proportion' has the same meaning given by section 140ZQ;

'rebatable superannuation pension' has the same meaning as in section

159SJ;

'recipient':

(a) in relation to an ETP-means the person in relation to whom the ETP is

made; or

(b) in relation to a superannuation pension or an annuity-means the person

to whom the pension or annuity is payable;

'registered organisation' has the same meaning as in section 27A;

'residual capital value' has the same meaning as in section 27A;

'rolled-over' has the same meaning as in section 27A;

'rolled-over amount' has the same meaning as in section 27A;

'superannuation fund' has the same meaning as in section 27A;

'superannuation pension' means a pension payable from a superannuation

fund;

'tax file number' has the same meaning as in Part VA;

'trustee' includes a person who is a trustee for the purposes of Part IX;

'undeducted purchase price' has the same meaning as in section 27A.

Payer deemed not to make an ETP to the extent to which ETP is rolled-over

"140D. For the purposes of this Division (other than section 140Q), a person

is taken not to make an ETP in relation to another person to the extent to

which the ETP is rolled-over.

ETPs taken to be paid from superannuation fund

"140E. Subsection 27A(17) applies for the purposes of this Division in a

corresponding way to the way in which it applies for the purposes of

Subdivision AA of Division 2.

ETPs-retained amounts

"140F.(1) Subject to subsection (2) of this section, section 27AC applies

for the purposes of this Division in a corresponding way to the way in which

it applies for the purposes of Subdivision AA of Division 2.

"(2) Section 27AC has effect for the purposes of this Division as if it

applied to ETPs made before 1 July 1992.

Excessive component of ETP to be ignored in working out other components

"140G. A reference in this Division to:

(a) the taxed element of the retained amount of the post-June 83 component

of an ETP; or

(b) the untaxed element of the retained amount of the post-June 83 component

of an ETP; or

(d) the retained amount of the pre-July 83 component of an ETP;

is a reference to that element or component worked out as if paragraph

27AA(1)(ca), subsection 27AA(3) and subparagraph 27AC(2)(e)(iv) had not been

enacted.

Components of rolled-over ETP

"140H. For the purposes of this Division, if the whole or a part of an ETP

is rolled-over:

(a) a reference to the taxed element of the post-June 83 component of the

amount rolled-over is a reference to so much of the ETP as is taken, because

of section 27D, to consist of an amount to which sub-subparagraph

27D(1)(b)(iii)(A) applies; and

(b) a reference to the untaxed element of the post-June 83 component of the

amount rolled-over is a reference to so much of the ETP as is taken, because

of section 27D, to consist of an amount to which sub-subparagraph

27D(1)(b)(iii)(B) applies; and

reference to so much of the ETP as is taken, because of section 27D, to consist

of an amount to which sub-subparagraph 27D(1)(b)(iii)(BA) applies; and

(d) a reference to the undeducted contributions is a reference to so much of

the ETP as is taken, because of section 27D, to consist of an amount to which

sub-subparagraph 27D(1)(b)(iii)(C) applies; and

(e) a reference to the concessional component of the amount rolled-over is a

reference to so much of the ETP as is taken, because of section 27D, to

consist of an amount to which sub-subparagraph 27D(1)(b)(iii)(D) applies; and

(f) a reference to the post-June 1994 invalidity component of the amount

rolled-over is a reference to so much of the ETP as is taken, because of

section 27D, to consist of an amount to which sub-subparagraph

27D(1)(b)(iii)(E) applies.

When pension or annuity commences to be paid

"140J. For the purposes of this Division, a superannuation pension or an

annuity commences to be paid at the beginning of the commencement day of the

pension or annuity.

When benefit previously received by recipient

"140K. In determining whether a benefit ('current benefit') is in excess of

the recipient's RBLs, the recipient is taken to have previously received

another benefit if, and only if:

(a) in any case-the other benefit counts towards the recipient's RBLs; and

(b) if the other benefit was an ETP-that other benefit was previously made

in relation to the person; and

other benefit was payable to the person and the commencement day of the other

benefit occurred before the day on which the current benefit was paid or

commenced to be paid.

Pension and annuity standards

"140L. For the purposes of this Division, a pension or an annuity meets, and

is taken to have met, the pension and annuity standards if, and only if, under

the regulations, the pension or annuity is treated as meeting those standards.

"Subdivision C-Payers' notification obligations

Payers of benefits to give certain information to Commissioner

(Notice to be given)

"140M.(1) If:

(a) any of the following applies:

(i) both:

(A) a payer makes an ETP in relation to a person on or after 1

July 1994; and

(B) if the payer is the person's employer or the trustee of a

superannuation fund-the amount of the ETP exceeds $5,000;

(ii) a payer commences to make payments of a superannuation

pension to a person on or after 1 July 1994;

(iii) a payer commences to make payments of an immediate annuity

to a person on or after 1 July 1994; and

(b) the ETP, pension or annuity counts towards the person's RBLs; the payer

must give to the Commissioner a notice containing such information as is

specified in the regulations.

(Type of information in notice)

"(2) The information specified in the regulations must:

(a) concern the ETP, pension or annuity; or

(b) be necessary to enable a final determination to be made in relation to

the recipient's RBLs.

(Form and lodgment of notice)

"(3) The notice must:

(a) be in the form approved in writing by the Commissioner; and

(b) be given to the Commissioner before:

(i) if the payer is informed by the recipient, on or before the

10th day of the month after the month ('payment month') in which the benefit

was paid or commenced to be paid, that:

(A) the recipient had applied to the Commissioner for the issue

of a tax file number; and

(B) the Commissioner had neither granted nor refused that

application;

the end of the 14th day of the second month after the payment month; or

(ii) in any other case-the end of the 14th day of the month after

the payment month;

or before the end of such further period as the Commissioner allows.

(Notice may be given in writing or on a data processing device)

"(4) An approval of a form may require or permit a notice to be given:

(a) in writing; or

(b) in accordance with specified software requirements, on a specified kind

of data processing device.

Quotation of tax file numbers

(Quotation of tax file number to payer of benefit)

"140N.(1) If:

(a) an ETP is made in relation to a person; or

(b) the first payment of a superannuation pension is made to a person; or

the person may quote his or her tax file number to the payer.

(Method of quotation)

"(2) A person quotes a tax file number to the payer by informing the payer

of the number in a manner approved by the Commissioner.

(Person quoting)

"(3) The payer may be so informed by the person or by another person acting

for that person.

Payer of benefit to provide copy of notice to recipient

"140P.(1) If a payer of a benefit gives the Commissioner a notice ('section

140M notice') about the benefit under section 140M, the payer must give the

recipient a notice containing the information set out in the section 140M

notice.

"(2) The notice must be given before the end of the period specified in

paragraph 140M(3)(b).

Roll-overs to be notified to Commissioner

(Notice to be given)

"140Q.(1) If:

(a) a person becomes entitled to receive payment of an ETP; and

(b) the entitlement arose on or after 1 July 1994; and

(i) the entitlement arises out of the commutation of a

superannuation pension or an immediate annuity; or

(ii) the ETP represents the residual capital value of a

superannuation pension or annuity; and

(d) the person rolls-over the whole or a part of the ETP;

the payer of the ETP must give to the Commissioner a notice containing such

information as is specified in the regulations.

(Type of information)

"(2) The information specified in the regulations must concern the ETP,

pension or annuity.

(Form and lodgment of notice)

"(3) The notice must:

(a) be in the form approved in writing by the Commissioner; and

(b) be given to the Commissioner before:

(i) the end of the 14th day of the month after the month in which

the entitlement to the ETP arose; or

(ii) the end of such further period as the Commissioner allows.

(Information may be given in writing or on a data processing device)

"(4) An approval of a form may require or permit a notice to be given:

(a) in writing; or

(b) in accordance with specified software requirements, on a specified kind

of data processing device.

"Subdivision D-Determination of whether a benefit is in excess of

recipient's RBLs

Determination of whether a benefit is in excess of recipient's RBLs

(Commissioner to make final determination)

"140R.(1) Subject to subsection (4) (which deals with non-quotation of tax

file numbers), if the Commissioner receives a notice under subsection 140M(1)

in relation to:

(a) an ETP made in relation to a person; or

(b) the commencement of payment to a person of a superannuation pension or

an annuity;

the Commissioner must determine:

and

(d) if the ETP, pension or annuity is in excess of the person's RBLs:

(i) the extent to which it is in excess of the person's RBLs; and

(ii) in the case of a rebatable superannuation pension or a

rebatable ETP annuity-the rebatable proportion of the pension or annuity.

(Final determination)

"(2) A determination made under subsection (1) is called a 'final

determination'.

(Final determination to be made within 60 days)

"(3) The Commissioner must make a final determination within 60 days after

receiving the notice.

(No final determination if tax file number not provided)

"(4) The Commissioner must not make a final determination if the payer

failed to provide the recipient's tax file number to the Commissioner under

subsection 140M(1).

Revision of final determination

(Commutation of pension or annuity)

"140S.(1) If:

(a) the Commissioner has made a final determination in relation to the

commencement of payment to a person of a superannuation pension or an annuity;

and

(b) the person elects to commute the whole or a part of the pension or

annuity within 6 months after the commencement day of the pension or annuity;

the Commissioner must, within 60 days after receiving notice of the

commutation, revise the determination so that it takes the ETP arising from

the commutation into account.

(Reduction of ETP)

"(2) If:

(a) the Commissioner has made a final determination in relation to the

payment of an ETP in relation to a person; and

(b) the Commissioner has reduced the amount of the ETP under subsection

27A(4) or (4A);

the Commissioner must, within 60 days after the reduction, revise the

determination so that it takes the reduction into account.

(Correction of errors etc.)

"(3) The Commissioner may, at any time, revise a final determination by

making any alteration that the Commissioner thinks necessary in order to:

(a) correct any error made by the Commissioner in making the determination;

(b) take into account any further material or information that has become

available since the determination was made.

(Revised determination taken to be a final determination)

"(4) For the purposes of this Division, if a final determination is revised

under this section, it is taken, as so revised, to be a final determination.

(Limitation on revised determination)

"(5) A final determination as revised under this section must not be a

determination that the Commissioner is not empowered to make under subsection

140R(1).

(Revision deemed to be amendment for objection purposes)

"(6) A revision of a final determination is taken to be an amendment of the

final determination for the purposes of section 14ZV of the Taxation

Administration Act 1953.

Interim determinations

(Commissioner to make interim determination)

"140T.(1) Subject to subsection (2) (which deals with non-quotation of tax

file numbers), if:

(a) the Commissioner, having received a notice under subsection 140M(1):

(i) is required to make a final determination in relation to an

ETP or the payment of a superannuation pension or an annuity; or

(ii) would have been required to make such a final determination

if subsection 140R(4) (which deals with tax file numbers) had not been

enacted; and

(b) either:

(i) the Commissioner does not have sufficient information to make

the determination; or

(ii) the notice does not specify the tax file number of the person

whose tax file number may be quoted to the payer concerned under section

140N;

the Commissioner must, within 60 days after receiving the notice, make an

interim determination of:

RBLs; and

(d) if the ETP, pension or annuity is in excess of the recipient's RBLs:

(i) the extent to which it is in excess of the recipient's RBLs;

and

(ii) in the case of a rebatable superannuation pension or a

rebatable ETP annuity-the rebatable proportion of the pension or annuity.

(Where tax file number not specified)

"(2) If the notice does not specify the recipient's tax file number, then,

in spite of any other provision of this Division, the Commissioner's interim

determination must be to the effect that:

(a) the whole of the RBL amount of the ETP, pension or annuity is in excess

of the recipient's RBLs; and

(b) in the case of a rebatable superannuation pension or a rebatable ETP

annuity-the rebatable proportion of the pension or annuity is 0.

(Interim determination that benefit is not in excess of RBLs to take effect as

final determination)

"(3) If an interim determination is to the effect that a benefit is not in

excess of the recipient's RBLs, the interim determination has effect as if it

were a final determination.

Interim determination may be made on certain assumptions

"140U. In making an interim determination:

(a) if the Commissioner does not know:

(i) whether a reversion applies to a superannuation pension

payable to a person; or

(ii) the level of a reversion that applies to a superannuation

pension payable to a person;

the Commissioner is to assume that a reversion of 85% applies to the pension;

and

(b) if the Commissioner does not know the rate (if any) at which a

superannuation pension is indexed-the Commissioner is to assume that the

pension is indexed in a year at the standard indexation rate determined under

section 140V; and

rebatable superannuation pension-the Commissioner is to assume that it is;

and

(d) if the Commissioner does not know whether a benefit has been, or is

being, paid as a result of the death of another person-the Commissioner is to

assume that it has not been, or is not being, so paid; and

(e) if the Commissioner does not know whether a superannuation pension or

annuity meets the pension and annuity standards-the Commissioner is to assume

that it does not; and

(f) if the Commissioner does not know whether an ETP is made as a result of

the commutation of, or the residual capital value of, a superannuation pension

or annuity that had commenced to be paid-the Commissioner is to assume that it

is not; and

(g) if the Commissioner does not know whether a superannuation pension or an

annuity payable to a person as the result of the death of another person is

payable as a reversion of another superannuation pension or annuity that was

already payable to the other person-the Commissioner is to assume that it is

not; and

(h) if the Commissioner does not know if a superannuation pension is payable

for life-the Commissioner is to assume that it is.

Commissioner may determine standard indexation rate

"140V. Before a particular financial year, the Commissioner may determine

the standard indexation rate applicable to that financial year for the

purposes of this Division.

Notification of determinations

(Determination that benefit is in excess of a person's RBLs)

"140W.(1) If the Commissioner makes a final determination or an interim

determination that a benefit made in relation to a person is in excess of the

person's RBLs, the Commissioner:

(a) in any case-must give a copy of the determination, and a written

statement setting out the basis on which the determination was made, to the

person; and

(b) in the case of an interim determination-must include with the material

mentioned in paragraph (a) a notice:

(i) stating that the person may, during the period specified in

subsection 140X(2), apply to the Commissioner for an amendment of the interim

determination; and

(ii) stating what additional information the Commissioner needs in

order to make a final determination and advising the person of the manner (as

approved by the Commissioner) in which the person may provide that additional

information; and

(iii) if the additional information is, or includes, the person's

tax file number-advising the person that, because the Commissioner has not

been notified of the person's tax file number, the interim determination is to

the effect that:

(A) the whole of the RBL amount of the benefit is in excess of

the person's RBLs; and

(B) if the benefit is a rebatable superannuation pension or a

rebatable ETP annuity-the rebatable proportion of the pension or annuity is

(Determination that benefit is not in excess of a person's RBLs)

"(2) Whenever the Commissioner makes a final determination or an interim

determination to which subsection (1) does not apply, the Commissioner may, if

the Commissioner thinks it desirable, give to the recipient of the benefit to

which the determination relates the documents mentioned in paragraphs (1)(a)

and (b).

Amendment of determinations

(Application for amendment of interim determination)

"140X.(1) If:

(a) a person applies, within the period set out in subsection (2), for an

amendment of an interim determination; and

(b) the Commissioner obtains any additional information necessary for the

making of a final determination;

the Commissioner may, within 60 days after receiving the application, amend

the interim determination in such manner (if any) as the Commissioner thinks

necessary.

(Application period)

"(2) The period during which a person may apply for an amendment of an

interim determination is the period:

(a) beginning on the day on which a copy of the determination was given to

the person; and

(b) ending:

(i) if the Commissioner determined that a benefit made in relation

to the person was not in excess of the person's RBLs-at the end of the first

financial year after the financial year in which the benefit was paid or

commenced to be paid; or

(ii) in any other case-60 days after a copy of the determination

was given to the person;

or at the end of such further period as the Commissioner allows.

(Form of application)

"(3) An application under subsection (1) for an amendment of an interim

determination must:

(a) be in writing; and

(b) be in the form approved in writing by the Commissioner.

(Interim determination to have effect as if it were a final determination)

"(4) If the Commissioner makes an interim determination and:

(a) no application under this section for an amendment of the interim

determination is made within the period specified in subsection (2); or

(b) the Commissioner has not received, within that period:

(i) the additional information required under subparagraph

140W(1)(b)(ii); or

(ii) additional information that the Commissioner has agreed is

sufficient to enable the Commissioner to make a final determination; the

interim determination has effect as if it were a final determination.

(Tax file number not provided)

"(5) An agreement by the Commissioner under subparagraph (4)(b)(ii) must not

involve the Commissioner agreeing that sufficient information has been

received to enable the Commissioner to make a final determination if the tax

file number of the person concerned has still not been provided to the

Commissioner.

(Amended interim determination to have effect as if it were a final

determination)

"(6) If an interim determination is amended under subsection (1), the

interim determination has effect as if it were a final determination.

(Amendment in special circumstances)

"(7) If:

(a) the Commissioner makes an interim determination; and

(b) because of subsection (4), the interim determination has effect as if it

were a final determination; and

determination; and

(d) both:

(i) the person was prevented, because of circumstances beyond the

person's control, from making an application for amendment of the interim

determination within the period specified in subsection (2); and

(ii) the person is able to provide relevant information that was

not available to the Commissioner when the Commissioner made the interim

determination;

the Commissioner may amend the final determination in such manner (if any) as

the Commissioner thinks necessary.

(Notice of amended determination)

"(8) If the Commissioner amends a determination under this section, the

following provisions have effect:

(a) if the determination, as amended, is a determination that a payment is

in excess of the recipient's RBLs-the Commissioner must give a copy of the

amended determination, and a written statement setting out the basis on which

the determination was amended, to the recipient;

(b) in any other case-if the Commissioner thinks it desirable, the

Commissioner may give the recipient the documents mentioned in paragraph (a).

(Amended final determination to have effect as if it were a final

determination)

"(9) If a final determination is amended under this section, it is taken, as

so amended, to be a final determination.

(Limitation on amended interim determination)

"(10) If an interim determination is amended under this section, the interim

determination, as so amended, must not be an interim determination that the

Commissioner is not empowered to make under section 140T.

(Limitation on amended final determination)

"(11) If a final determination is amended under this section, the final

determination, as so amended, must not be a final determination that the

Commissioner is not empowered to make under subsection 140R(1).

Objections

"140Y. A person to whom an interim determination or final determination

relates who is dissatisfied with the interim determination or final

determination may object against it in the manner set out in Part IVC of the

Taxation Administration Act 1953.

Person may request copy of previous determination

(Request)

"140Z.(1) A person may request the Commissioner to give to the person a copy

of a final determination or an interim determination in relation to:

(a) an ETP made in relation to the person; or

(b) the payment of a superannuation pension or an annuity to the person.

(Fee)

"(2) The request must be accompanied by such fee (if any) as is specified in

the regulations.

(Commissioner to comply with request)

"(3) If the Commissioner receives such a request, the Commissioner must give

a copy of that determination, and a statement setting out the basis on which

the determination was made, to the person.

"Subdivision E-When benefits exceed recipient's RBLs

When benefits exceed recipient's RBLs

(When benefits not in excess of recipient's RBLs)

"140ZA.(1) If:

(a) a benefit ('current benefit') does not count towards the recipient's

RBLs; or

(b) the amount calculated in relation to the current benefit using the RBL

formula in subsection (3) does not exceed 0;

the benefit is not in excess of the recipient's RBLs.

(When benefits in excess of recipient's RBLs)

"(2) If:

(a) section 140M applies to a benefit ('current benefit'); and

(b) the amount calculated in relation to the current benefit using the RBL

formula in subsection (3) exceeds 0;

then:

(d) the amount of that excess is equal to so much of the RBL amount of the

current benefit as does not exceed the amount calculated using that formula.

(RBL formula)

"(3) This is the RBL formula mentioned in subsections (1) and (2):

RBL amount of Sum of adjusted RBL amounts - Applicable RBL

current benefit + of previous benefits

where:

'RBL amount of current benefit' means the RBL amount of the current

benefit;

'Sum of adjusted RBL amounts of previous benefits' has the meaning given by

subsection (4);

'Applicable RBL' means:

(a) if the current benefit is to be assessed against the recipient's lump

sum RBL for the year of income in which the current benefit was paid or

commenced to be paid-that lump sum RBL; or

(b) in any other case-the recipient's pension RBL for the year of income in

which the current benefit was paid or commenced to be paid.

(Sum of adjusted RBL amounts of previous benefits)

"(4) The sum of the adjusted RBL amounts of previous benefits is worked out

by:

(a) calculating the following amount for each benefit that was previously

received by the recipient:

Index number for

second-last quarter

RBL amount x Index number for

payment quarter

where:

'RBL amount' means the RBL amount of the benefit, reduced by any excessive

component or excessive amount;

'Index number for second-last quarter' means the index number for the

quarter 2 quarters before the quarter in which the current benefit was paid or

in which the commencement day of the current benefit occurred;

'Index number for payment quarter' means the index number for the quarter in

which the previous benefit was paid or in which the commencement day of the

previous benefit occurred; and

(b) by adding the amounts calculated under paragraph (a).

(No indexation if previous benefits paid within 12 months of current benefit)

"(5) If the current benefit is paid or commences to be paid within 12 months

of the payment of a previous benefit or of the commencement day of a previous

benefit, the formula in paragraph (4)(a) applies to the previous benefit as if

both of the index numbers were 1.

Discretion to treat benefits as within recipient's RBLs

"140ZB. If:

(a) the whole or a part of an ETP, a superannuation pension or an annuity

would, apart from this section, exceed the recipient's RBLs; and

(b) the Commissioner is satisfied that, because of the special circumstances

of the case, the whole or a part of the ETP, pension or annuity should be

treated as if it were not in excess of the recipient's RBLs;

the Commissioner may make a final determination or an interim determination

accordingly.

"Subdivision F-Benefits which are to be counted towards

a person's RBLs

Benefits which are counted towards a person's RBLs

(Benefits which are to be counted)

"140ZC.(1) Except as provided by subsection (2), each of the following

benefits are to be counted towards a person's RBLs:

(a) an ETP made in relation to the person on or after 16 February 1990;

(b) a superannuation pension where the commencement day was on or after 16

February 1990;

(Benefits which are not to be counted)

"(2) None of the following benefits are to be counted towards a person's

RBLs:

(a) an ETP made before 1 July 1990 by the person's employer, where the

person was not an associate of the employer when the ETP was made;

(b) an ETP made in relation to the person as a result of the commutation of,

or the residual capital value of, a superannuation pension or annuity where:

(i) the commencement day for the pension or annuity is before 1

July 1990; or

(ii) the pension or annuity did not meet the pension and annuity

standards;

another superannuation pension or annuity where:

(i) the commencement day for the other pension or annuity is

before 1 July 1990; or

(ii) the other pension or annuity did not meet the pension and

annuity standards;

(d) a superannuation pension or annuity that:

(i) is payable to the person as the result of the death of another

person; and

(ii) is a reversion of another pension or annuity that was already

payable to the other person;

(e) an ETP arising from the commutation of a superannuation pension or

annuity to which paragraph (d) applies;

(f) an ETP made in relation to the person as a result of the death of the

person;

(g) an ETP paid to a charitable or religious body;

(h) a superannuation pension or an annuity paid to a person under 18 years

of age because of:

(i) the death of another person; or

(ii) a disability of another person that 2 legally qualified

medical practitioners have certified is likely to result in that other person

being unable ever to be employed in a capacity for which the other person is

reasonably qualified because of education, experience or training;

(i) an ETP paid as a result of the commutation of a

superannuation pension or annuity where:

(i) the pension or annuity was payable as a result of the death of

another person; and

(ii) the ETP is made to a spouse or child of the other person

before whichever is the later of the following:

(A) the end of the period of 6 months after the death of the

other person;

(B) the end of the period of 3 months after the grant of probate

of the will of the other person or of letters of administration of the estate

of the other person.

"Subdivision G-Lump sum RBLs and pension RBLs

Lump sum RBLs and pension RBLs

(Lump sum RBL)

"140ZD.(1) A person's lump sum RBL for a year of income is:

(a) if the year of income is the 1994-95 year of income-whichever of the

following amounts is applicable:

(i) if the benefit against which the RBL is being assessed is:

(A) an ETP that was made in relation to the recipient on a day

('ETP day') before the recipient's 55th birthday; or

(B) a superannuation pension or annuity that does not meet the

pension and annuity standards, where the commencement day occurred before the

recipient's 55th birthday;

$400,000, discounted by 2.5% for each whole year in the period:

before the ETP day or the commencement day or, if the ETP day or the

commencement day falls on a birthday of the recipient, on that birthday; and

(D) ending immediately before the day that will be the

recipient's 55th birthday;

(ii) in any other case-$400,000; or

(b) if the year of income is the 1995-96 year of income or a later year of

income-the amount worked out under paragraph (a) subject to the indexation

arrangements set out in subsection (3).

(Pension RBL)

"(2) A person's pension RBL for a year of income is:

(a) if the year of income is the 1994-95 year of income-$800,000; or

(b) if the year of income is the 1995-96 year of income or a later year of

income-the amount worked out under paragraph (a) subject to the indexation

arrangements set out in subsection (3).

(Indexation)

"(3) Subsections (1) and (2) apply for the 1995-96 year of income or a later

year of income as if each indexable amount were replaced by the amount worked

out using the formula:

Indexation factor x Previous indexable amount

where:

'Indexation factor' means the indexation factor for the year of income

worked out under section 159SG;

'Previous indexable amount' means the indexable amount for the previous year

of income.

(Meaning of "indexable amount")

"(4) In subsection (3):

'indexable amount' means:

(a) an amount of $400,000 or $800,000 specified in subsection (1) or (2);

(b) if that amount has previously been altered under subsection (3)-the

altered amount.

(Section has effect subject to section 140ZE)

"(5) This section has effect subject to section 140ZE.

Transitional lump sum RBLs and transitional pension RBLs

(Transitional lump sum RBL)

"140ZE.(1) In spite of section 140ZD, the regulations may provide for a

special method of calculating a person's lump sum RBL for a year of income if

the calculation results in a greater amount than would be applicable under

section 140ZD.

(Transitional pension RBL)

"(2) In spite of section 140ZD, the regulations may provide for a special

method of calculating a person's pension RBL for a year of income if the

calculation results in a greater amount than would be applicable under section

140ZD.

(Regulations to be made for transitional purposes)

"(3) Regulations made for the purposes of this section may only be made for

transitional purposes.

Assessment of benefits against lump sum RBL

(ETPs)

"140ZF.(1) An ETP made in relation to a person in a year of income is to be

assessed against the person's lump sum RBL for the year of income if the sum

of:

(a) the amount of the ETP (other than any part of the ETP that consists of

the retained amount of the undeducted contributions, the retained amount of

the concessional component, the retained amount of the post-June 1994

invalidity component or the non-qualifying component); and

(b) the qualifying portions of any ETPs previously received by the person;

and

previously received by the person, where the pensions or annuities did not

meet the pension and annuity standards;

is more than:

(d) if the ETP was made before the person's 55th birthday-whichever is the

lesser of:

(i) 50% of the sum of:

(A) the qualifying portions of all benefits previously received

by the person; and

(B) the amount referred to in paragraph (a); or

(ii) the person's lump sum RBL for the year of income; or

(e) in any other case-50% of whichever is the lesser of:

(i) the sum of:

(A) the qualifying portions of all benefits previously received

by the person; and

(B) the amount referred to in paragraph (a); or

(ii) the person's pension RBL for the year of income.

(Superannuation pension or annuity meeting the pension and annuity standards)

"(2) A superannuation pension or annuity that commences to be paid to a

person in a year of income and that meets the pension and annuity standards is

to be assessed against the person's lump sum RBL for the year of income if the

sum of:

(a) the amount that is:

(i) the capital value of the pension; or

(ii) the amount of the ETP rolled-over to purchase the annuity

(other than any part that consists of the undeducted contributions, the

concessional component or the post-June 1994 invalidity component);

as the case requires; and

(b) the qualifying portions of any superannuation pensions or annuities

previously received by the person that met the pension and annuity

standards;

is less than:

person's 55th birthday-whichever is the lesser of:

(i) 50% of the sum of:

(A) the qualifying portions of all benefits previously received

by the person; and

(B) the amount referred to in paragraph (a); or

(ii) the person's lump sum RBL for the year of income; or

(d) in any other case-50% of whichever is the lesser of:

(i) the sum of:

(A) the qualifying portions of all benefits previously

received by the person; and

(B) the amount referred to in paragraph (a); or

(ii) the person's pension RBL for the year of income.

(Superannuation pension and annuity not meeting the pension and annuity

standards)

"(3) A superannuation pension or annuity that commences to be paid to a

person in a year of income and that does not meet the pension and annuity

standards is to be assessed against the person's lump sum RBL for the year of

income if the sum of:

(a) the amount that is:

(i) the capital value of the pension; or

(ii) the amount of the ETP rolled-over to purchase the annuity

(other than any part that consists of the undeducted contributions, the

concessional component or the post-June 1994 invalidity component);

as the case requires; and

(b) the qualifying portions of any superannuation pensions or annuities

previously received by the person, where the pensions or annuities did not

meet the pension and annuity standards; is more than:

person's 55th birthday-whichever is the lesser of:

(i) 50% of the sum of:

(A) the qualifying portions of all benefits previously received

by the person; and

(B) the amount referred to in paragraph (a); or

(ii) the person's lump sum RBL for the year of income; or

(d) in any other case-50% of whichever is the lesser of:

(i) the sum of:

(A) the qualifying portions of all benefits previously received

by the person; and

(B) the amount referred to in paragraph (a); or

(ii) the person's pension RBL for the year of income.

(Special overriding rule)

"(4) If:

(a) apart from this subsection, a benefit ('current benefit') is to be

assessed against the recipient's lump sum RBL for a year of income; and

(b) the sum of the qualifying portions of all superannuation pensions or

annuities previously received by the recipient, where the pensions or

annuities met the pension and annuity standards, is greater than 50% of the

recipient's pension RBL for the year of income;

then, in spite of subsections (1), (2) and (3), the current benefit is not to

be assessed against the recipient's lump sum RBL for the year of income.

Qualifying portion of benefits

(Qualifying portion)

"140ZG.(1) In determining whether a benefit ('current benefit') is to be

assessed against a person's lump sum RBL, the qualifying portion of a benefit

previously received by the person is worked out using the formula:

Index number for

second-last quarter

Capital amount x Index number for

payment quarter

where:

'Capital amount' means:

(a) if the benefit is an ETP-the amount of the ETP (other than the retained

amount of the undeducted contributions, the retained amount of the

concessional component, the retained amount of the post-June 1994 invalidity

component, the non-qualifying component and the excessive component); or

(b) if the benefit is a superannuation pension-the capital value of the

pension, reduced by any excessive amount; or

purchase the annuity, reduced by:

(i) the undeducted contributions, the concessional component and

the post-June 1994 invalidity component; and

(ii) any excessive amount in relation to the annuity;

'Index number for second-last quarter' means the index number for the

quarter 2 quarters before the quarter in which the current benefit was paid or

in which the commencement day of the current benefit occurred;

'Index number for payment quarter' means the index number for the quarter in

which the previous benefit was paid or in which the commencement day of the

previous benefit occurs.

(No indexation if current benefit paid within 12 months of previous benefit)

"(2) If the current benefit is paid or commences to be paid within 12 months

of the payment of the previous benefit or of the commencement day of the

previous benefit, the formula in subsection (1) applies to the previous

benefit as if both of the index numbers were 1.

"Subdivision H-RBL amounts

RBL amount-ETP paid by superannuation funds or ADFs

"140ZH. The RBL amount of an ETP made in relation to a person by the

trustees of a superannuation fund or an ADF is the sum of:

(a) 100% of the retained amount of the pre-July 83 component of the ETP;

and

(b) 100% of the taxed element of the retained amount of the post-June 83

component of the ETP; and

component of the ETP.

RBL amount-ETP paid by life assurance company or registered organisation

"140ZI. If:

(a) an ETP in relation to a person is paid by a life assurance company or a

registered organisation; and

(b) either:

(i) the ETP was the result of the commutation of the whole or part

of an annuity that met the pension and annuity standards; or

(ii) the ETP was the result of the commutation of a deferred

annuity;

the RBL amount of the ETP is the whole of the ETP, other than any part of the

ETP that consists of:

(d) the retained amount of the concessional component; or

(e) the retained amount of the post-June 1994 invalidity component; or

(f) the non-qualifying component.

RBL amount-ETP paid by employer

(RBL amount)

"140ZJ.(1) If an ETP in relation to a person, being an employee, is paid by

the employer of the employee, the RBL amount of the ETP is:

(a) if the employee is an associate of the employer-the sum of:

(i) 100% of the retained amount of the pre-July 83 component of

the ETP; and

(ii) 85% of the retained amount of the post-June 83 component of

the ETP; or

(b) in any other case-85% of that part of the retained amount of the

post-June 83 component of the ETP worked out using the following table:

Percentage of retained

amount of the

Financial year in which post-June 83 component

ETP is made to be considered

1990-91 20%

1991-92 40%

1992-93 60%

1993-94 80%

1994-95 and later years 100%

(Extended meaning of "employee")

"(2) In this section:

'employee' includes:

(a) in relation to a body corporate-a director or other officer (however

described) of the body corporate; and

(b) in any case-a person engaged under a contract for services;

and 'employer' has a corresponding meaning.

RBL amount-superannuation pension (other than disability superannuation

pension)

"140ZK. The RBL amount of a superannuation pension (other than a disability

superannuation pension) payable to a person is:

(a) if the pension is a rebatable superannuation pension-the capital value

of the pension; or

(b) in any other case-the amount worked out using the formula:

Pre-July 83 eligible (0.8 x Post-June 83

service period + eligible service

Capital x period)

value

Total eligible service period

where:

'Capital value' is the capital value of the pension;

'Pre-July 83 eligible service period' means the number of whole days in so

much of the eligible service period for the pension as occurred before 1 July

1983;

'Post-June 83 eligible service period' means the number of whole days in so

much of the eligible service period for the pension as occurred on or after 1

July 1983;

'Total eligible service period' means the number of whole days in the

eligible service period for the pension.

RBL amount-disability superannuation pension

(RBL amount)

"140ZL.(1) The RBL amount of a disability superannuation pension payable to

a person is:

(a) if the pension is a rebatable superannuation pension-the accrued

retirement benefit component of the pension; or

(b) in any other case-the amount worked out using the formula:

Accrued Pre-July 83 eligible (0.8 x Post-June 83

retirement x service period + eligible service

benefit period)

component

Total eligible service period

where:

'Accrued retirement benefit component' means the accrued retirement benefit

component of the pension (worked out under subsection (2));

'Pre-July 83 eligible service period' means the number of whole days in so

much of the eligible service period for the pension as occurred before 1 July

1983;

'Post-June 83 eligible service period' means the number of whole days in so

much of the eligible service period for the pension as occurred on or after 1

July 1983;

'Total eligible service period' means number of whole days in the eligible

service period for the pension.

(Accrued retirement benefit component)

"(2) For the purposes of this section, the accrued retirement benefit

component of a disability superannuation pension is worked out using the

formula:

Capital - Capital value x Pension days

value Accrual days

where:

'Capital value' is the capital value of the pension as at the commencement

day of the pension;

'Pension days' means:

(a) if the commencement day of the pension occurs before the person's 65th

birthday-the number of whole days in the period:

(i) beginning on the commencement day of the pension; and

(ii) ending at the end of the person's 65th birthday; or

(b) in any other case-0;

'Accrual days' means the number of whole days in the period:

(a) beginning on the first day of the eligible service period for the

pension; and

(b) ending at the end of the person's 65th birthday.

RBL amount-annuity

"140ZM. The RBL amount of an annuity ('current annuity') payable to a person

is:

(a) if the current annuity did not commence to be paid as the result of the

partial commutation of another annuity that met the pension and annuity

standards-the sum of the following amounts in relation to the amount of the

ETP rolled-over to purchase the current annuity:

(i) 100% of the pre-July 83 component;

(ii) 100% of the taxed element of the post-June 83 component;

(iii) 85% of the untaxed element of the post-June 83 component; or

(b) if the current annuity commenced to be paid as the result of the partial

commutation of another annuity that met the pension and annuity standards-the

sum of the following amounts in relation to the amount of the ETP rolled-over

to purchase the current annuity:

(i) 100% of the pre-July 83 component;

(ii) 100% of the taxed element of the post-June 83 component;

(iii) 85% of the untaxed element of the post-June 83 component;

reduced by the RBL amount of the ETP that arose as the result of that

commutation.

Reduction of ETP taken into account in working out RBL amount of

annuity-roll-overs

(Pre-1 July 1992 roll-overs or commutations)

"140ZN.(1) If, before 1 July 1992:

(a) a person rolls-over an amount that represents the whole or a part of the

residual capital value of an annuity that has commenced to be paid; or

(b) a person commutes the whole or a part of an annuity that has commenced

to be paid and rolls-over the whole or a part of the resulting ETP;

then, in working out the RBL amount of the annuity, the amount of the ETP

rolled-over to purchase the annuity is to be reduced by the amount rolled-over

as mentioned in paragraph (a) or (b) (other than the undeducted contributions

and the concessional component).

(Post-30 June 1992 roll-overs or commutations)

"(2) If, on or after 1 July 1992:

(a) a person rolls-over an amount that represents the whole or a part of the

residual capital value of an annuity that has commenced to be paid; or

(b) a person commutes the whole or a part of an annuity that has commenced

to be paid and rolls-over the whole or a part of the resulting ETP; then, in

working out the RBL amount of the annuity, the ETP rolled-over to purchase the

annuity is to be reduced by:

rolled-over within 12 months of the commencement day of the annuity-the amount

rolled-over as mentioned in paragraph (a) or (b) (other than the undeducted

contributions, the concessional component and the post-June 1994 invalidity

component); or

(d) in any other case-the amount worked out using the formula:

Index number for

payment quarter

Amount rolled-over x Index number for

second-last quarter

where:

'Amount rolled-over' means the amount rolled-over as mentioned in paragraph

(a) or (b) (other than the undeducted contributions, the concessional

component and the post-June 1994 invalidity component);

'Index number for payment quarter' means the index number for the quarter in

which the commencement day for the annuity occurs;

'Index number for second-last quarter' means the index number for the

quarter 2 quarters before the quarter in which the roll-over occurred.

"Subdivision J-Capital value of superannuation pension

Capital value of superannuation pension

(Capital value-basic rule)

"140ZO.(1) Subject to subsections (2) and (3), the capital value of a

superannuation pension that has commenced to be paid is worked out using the

formula:

Pension

Annual x valuation - Undeducted + Residual

value factor purchase price capital value

where:

'Annual value' means the annual value of the pension;

'Pension valuation factor' means the pension valuation factor applicable to

the pension;

'Undeducted purchase price' means the undeducted purchase price of the

pension;

'Residual capital value' means the present value of the residual capital

value, if any, of the pension.

(Capital value-pension not payable for life)

"(2) The capital value of a superannuation pension that is not payable for

life is the amount calculated in accordance with a method determined by the

Commissioner in writing in relation to the pension.

(Capital value-substituted pension)

"(3) The capital value of a superannuation pension that is payable to a

person as a result of an arrangement under which that person:

(a) ceases to be entitled to a superannuation pension (the 'old pension')

that has commenced to be paid to the person from a superannuation fund; and

(b) becomes entitled to be paid a superannuation pension (the 'new pension')

from another superannuation fund;

is the amount worked out using the formula:

Excess Pension Excess

annual x valuation - undeducted + Excess residual

value factor purchase price capital value

where:

'Excess annual value' means the amount by which the annual value of the new

pension exceeds the annual value of the old pension;

'Pension valuation factor' means the pension valuation factor applicable to

the pension;

'Excess undeducted purchase price' means the amount by which the undeducted

purchase price of the new pension exceeds the undeducted purchase price of the

old pension;

'Excess residual capital value' means the amount by which the present value

of the residual capital value (if any) of the new pension exceeds the present

value of the residual capital value (if any) of the old pension.

(Meaning of "present value of the residual capital value of a pension")

"(4) For the purposes of this section, the present value of the residual

capital value (if any) of a pension is to be worked out in accordance with a

method determined by the Commissioner in writing.

(Meaning of "annual value")

"(5) In this section:

'annual value', in relation to a pension, means the amount worked out by

multiplying:

(a) the greatest number of payments of the pension that could be made in

respect of the 12-month period beginning on the commencement day of that

pension;

by:

(b) the amount of the first regular payment of the pension.

Reduction of capital value of superannuation pension-roll-overs

(Pre-1 July 1992 roll-overs or commutations)

"140ZP.(1) If, before 1 July 1992:

(a) a person rolls-over an amount that represents the whole or a part of the

residual capital value of a superannuation pension that has commenced to be

paid; or

(b) a person commutes the whole or a part of a superannuation pension that

has commenced to be paid and rolls-over the whole or a part of the resulting

ETP;

the amount of the capital value of the pension is to be reduced by the amount

rolled-over (other than the undeducted contributions and the concessional

component).

(Post-30 June 1992 roll-overs or commutations)

"(2) If, on or after 1 July 1992:

(a) a person rolls-over an amount that represents the whole or a part of the

residual capital value of a superannuation pension that has commenced to be

paid; or

(b) a person commutes the whole or a part of a superannuation pension that

has commenced to be paid and rolls-over the whole or a part of the resulting

ETP; the capital value of the pension is to be reduced by:

commencement day of the superannuation pension-the amount rolled-over (other

than the undeducted contributions, the concessional component and the

post-June 1994 invalidity component); or

(d) in any other case-the amount worked out using the formula:

Index number for

payment quarter

Amount rolled-over x Index number for

second-last quarter

where:

'Amount rolled-over' means the amount rolled-over (other than the undeducted

contributions, the concessional component and the post-June 1994 invalidity

component);

'Index number for payment quarter' means the index number for the quarter in

which the commencement day of the pension occurs;

'Index number for second-last quarter' means the index number for the

quarter 2 quarters before the quarter in which the roll-over occurred.

"Subdivision K-Rebatable proportion of rebatable superannuation

pension or rebatable ETP annuity

Rebatable proportion of rebatable superannuation pension or rebatable ETP

annuity

(When rebatable proportion is 1)

"140ZQ.(1) If:

(a) a rebatable superannuation pension or a rebatable ETP annuity does not

count towards the recipient's RBLs; or

(b) the Commissioner makes a final determination that a rebatable

superannuation pension or a rebatable ETP annuity is not in excess of the

recipient's RBLs;

the rebatable proportion of the pension or annuity is 1.

(When rebatable proportion is 0-no final determination)

"(2) If:

(a) section 140M applies to a rebatable superannuation pension or a

rebatable ETP annuity; and

(b) the Commissioner does not make a final determination in relation to the

recipient's RBLs and in relation to the pension or annuity; the rebatable

proportion of the pension or annuity is 0.

(When rebatable proportion is 0-whole of RBL amount is excessive amount)

"(3) If the whole of the RBL amount of a rebatable superannuation pension or

a rebatable ETP annuity is an excessive amount, the rebatable proportion of

the pension or annuity is 0.

(Rebatable proportion in other cases)

"(4) In any other case, the rebatable proportion of a rebatable

superannuation pension or a rebatable ETP annuity is worked out using the

formula:

RBL amount - Excessive amount

RBL amount

where:

'RBL amount' means the RBL amount of the pension or annuity;

'Excessive amount' means the excessive amount in relation to the pension or

annuity.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 61

Application

61. The amendments of sections 27A and 27AA of the Principal Act made by

this Division apply to ETPs (other than ISC-directed commutation payments)

made on or after 1 July 1994.

PART 3 - AMENDMENT OF THE OCCUPATIONAL SUPERANNUATION STANDARDS ACT 1987

Division 1 - Principal Act

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 63

Principal Act

63. In this Part, "Principal Act" means the Occupational Superannuation

Standards Act 1987.*2*

*2* No. 97, 1987, as amended. For previous amendments, see No. 138, 1987;

Nos. 97 and 105, 1989; Nos. 61 and 135, 1990; Nos. 55 and 216, 1991; and Nos.

92 and 98, 1992.

Division 2 - Amendments relating to reasonable benefit limits (RBLs)

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 64

Interpretation

64. Section 3 of the Principal Act is amended by omitting paragraphs (aa)

and (ab) of the definition of "reviewable decision" in subsection (1).

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 65

Repeal of Part IIIA

65. Part IIIA of the Principal Act is repealed.

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 66

Review of certain decisions

66. Section 16 of the Principal Act is amended:

(a) by omitting from subsection (1) "(ab),";

(b) by omitting subsections (1A) and (1B).

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 67

Statements to accompany notification of decisions

67. Section 17 of the Principal Act is amended:

(a) by omitting ", or a person," (wherever occurring);

(b) by omitting "or the person" (wherever occurring).

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 68

Regulations

68. Section 22 of the Principal Act is amended by omitting paragraph (d).

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 69

Application

69.(1) In spite of the amendments made, and the repeal effected, by this

Division, the RBL provisions of the Principal Act continue to apply, subject

to the changes set out in subsection (2) of this section, as if those

amendments had not been made and that repeal had not been effected.

(2) The changes are as follows:

(a) paragraphs 15G(1)(a), 15H(2)(a) and 15P(1)(a) of the Principal Act do

not apply to an eligible termination payment made on or after 1 July 1994;

(b) paragraphs 15G(1)(b), 15H(2)(c) and 15P(1)(b) of the Principal Act do

not apply to an annuity where the payer commenced to make payments on or after

1 July 1994;

not apply to payments of a superannuation pension where the payer commenced to

make payments on or after 1 July 1994;

(d) subsection 15J(1) of the Principal Act does not apply to an eligible

termination payment made on or after 1 July 1994;

(e) subsection 15J(2) of the Principal Act does not apply to an entitlement

to an eligible termination payment that arises on or after 1 July 1994.

(3) For the purposes of subsection (2), the payer of a superannuation

pension or an annuity is taken to have commenced to make payments of the

pension or annuity on the first day of the period to which the first payment

of the pension or annuity relates.

(4) In this section:

"RBL provisions of the Principal Act" means:

(a) Part IIIA of the Principal Act; and

(b) the remaining provisions of the Principal Act in so far as they relate

to Part IIIA of the Principal Act.

Division 3 - Amendment to allow superannuation funds to retain a

member's benefit for up to 90 days while the member decides

whether to roll-over the benefit

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 70

Interpretation

70. Section 3 of the Principal Act is amended by adding at the end the

following subsections:

"(6) For the purposes of paragraph (b) of the definition of 'superannuation

fund' in subsection (1), a fund is taken to provide a benefit for a member of

the fund as the result of a particular event even if, at the request of the

member, the trustees of the fund delay the provision of the whole or a part of

the benefit for up to 90 days after the member becomes entitled to the

benefit.

"(7) Subsection (6) does not, by implication, limit the circumstances in

which the trustees of a fund may delay the provision of benefits in

circumstances that are consistent with paragraph (b) of the definition of

'superannuation fund' in subsection (1).".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 71

Application

71. The amendment made by this Division applies in relation to entitlements

to benefits arising on or after 1 July 1994.

Division 4 - Amendments to allow retired persons to transfer their

benefits into superannuation funds

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 72

Interpretation

72. Section 3 of the Principal Act is amended:

(a) by inserting after subparagraph (b)(iii) of the definition of

"superannuation fund" in subsection (1) the following subparagraph:

"(iv) the provision of pensions for each transferred retiree

member of the fund;";

(b) by inserting in subsection (1) the following definition:

"'transferred retiree member', in relation to a fund, means a member of the

fund where:

(a) the member has retired from the business, trade, profession, vocation,

calling, occupation or employment in which the member had been engaged

(whether the member's retirement occurred before, or occurred after, the

member joined the fund); and

(b) at or after the member's retirement, an amount was paid to the trustees

of the fund in respect of the member by:

(i) the trustees of another fund, being a superannuation fund or

an approved deposit fund; or

(ii) a life assurance company; or

(iii) a registered organisation;".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 73

Application

73. The amendments made by this Division apply in relation to the provision

of pensions after the commencement of this section, regardless of whether the

members concerned retired before or after the commencement of this section.

Division 5 - Amendments relating to minimum standards for pensions and

annuities

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 74

Interpretation

74. Section 3 of the Principal Act is amended by inserting in subsection (1)

the following definitions:

"'annuity' includes a benefit provided by a life assurance company or a

registered organisation, where the benefit is taken, under the regulations, to

be an annuity for the purposes of this Act;

'pension' includes a benefit provided by a fund, where the benefit is taken,

under the regulations, to be a pension for the purposes of this Act;".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 75

Operating standards for superannuation funds

75. Section 7 of the Principal Act is amended by inserting after paragraph

(2)(d) the following paragraph:

"(da) the form in which benefits may be provided by superannuation funds;".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 76

Transitional

76.(1) The first regulations made for the purposes of:

(a) the definitions of "annuity" and "pension" in subsection 3(1) of the

amended Act; or

(b) paragraph 7(2)(da) of the amended Act;

may be expressed to apply as follows:

purchased after the commencement of this section;

(d) to the extent that the regulations relate to pensions-to payments of

pensions made after the commencement of this section.

(2) In this section:

"amended Act" means the Principal Act as amended by this Act.

PART 4 - AMENDMENT OF THE SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT

1992

Division 1 - Principal Act

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 77

Principal Act

77. In this Part, "Principal Act" means the Superannuation Guarantee

(Administration) Act 1992.*3*

*3* No. 111, 1992.

Division 2 - Amendments relating to notional earnings base

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 78

Interpretation: notional earnings base where employer contributing to

superannution fund for benefit of employee immediately before 21 August 1991

78. Section 13 of the Principal Act is amended:

(a) by inserting after paragraph (1)(a) the following paragraph:

"(ab) where the employer is contributing to the fund in accordance with a

law of the Commonwealth, a State or a Territory for the benefit of the

employee in relation to a contribution period and:

(i) was so contributing immediately before 21 August 1991; or

(ii) was contributing to the fund in accordance with the law in

question for the benefit of another employee immediately before 21 August

1991;";

(b) by omitting subsection (2) and substituting the following subsection:

"(2) Subject to subsections (3) and (4), the expression 'notional earnings

base' means the reference earnings in relation to the employee that, under the

award, arrangement, law or scheme as in force on:

(a) the first day of the contribution period; or

(b) the first day of employment;

whichever is the later, constitute the earnings by reference to which the

requisite employer contribution is to be calculated in relation to the

employee.";

(d) by adding at the end the following subsection:

"(5) In this section:

'reference earnings', in relation to an employee, means:

(a) if the employer is contributing for the benefit of the employee in

accordance with an industrial award, or a law of the kind referred to in

paragraph (1)(ab) (other than this Act), that specifies the requisite employer

contribution by reference to the earnings of a member of a class of employees

identified by the award or law-those earnings; and

(b) in any other case-the earnings of the employee.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 79

Interpretation: notional earnings base where employer not contributing

to superannuation fund for benefit of employee immediately before 21

August 1991

79. Section 14 of the Principal Act is amended:

(a) by inserting after paragraph (1)(a) the following paragraph:

"(ab) where the employer is contributing to the fund in accordance with a

law of the Commonwealth, a State or a Territory for the benefit of the

employee in relation to a contribution period but was not so contributing

immediately before 21 August 1991 for the benefit of any employee;";

(b) by inserting in subsection (2) "(2A), (2B)," and ", law" after

"subsections" and "arrangement" respectively;

"(2A) If:

(a) the employer is contributing for the benefit of the employee to the fund

in accordance with an industrial award, or a law of a kind referred to in

paragraph (1)(ab), that was operative immediately before 21 August 1991; and

(b) section 13 would operate to determine a notional earnings base in

relation to the employee if the employer had been so contributing immediately

before 21 August 1991;

the notional earnings base in relation to the employee is the notional

earnings base referred to in paragraph (b).

"(2B) If:

(a) the employer is contributing for the benefit of the employee to the fund

in accordance with the agreement referred to in Order No. 292 of 1992 of the

Coal Industry Tribunal of New South Wales and known as the New South Wales

Coal Mining Industry Statutory Superannuation Fund (Salary Sacrifice)

Agreement; and

(b) section 13 would operate to determine a notional earnings base in

relation to the employee if the employer had been so contributing immediately

before 21 August 1991;

the notional earnings base in relation to the employee is the notional

earnings base referred to in paragraph (b).";

(d) by inserting in subsection (3) ", a law of a kind referred to in

paragraph (1)(ab)" after "arrangement".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 80

Reduction of charge percentage where contribution made to fund other

than defined benefit superannuation scheme

80. Section 23 of the Principal Act is amended:

(a) by omitting subsection (2) and substituting the following subsection:

(Reduction of charge percentage where contribution made under industrial award

or law)

"(2) Subject to subsections (6) and (7), if, in a contribution period:

(a) an employer is required by an industrial award or a law of a kind

referred to in paragraph 13(1)(ab) or 14(1)(ab) to contribute for the benefit

of an employee to a superannuation fund; and

(b) the requisite contribution is a specified percentage of the employee's

notional earnings base or a percentage of that base calculated in accordance

with the award or law; and

benefit of the employee in accordance with the award or law;

the charge percentage for the employer, as calculated under section 20 or 21,

in respect of the employee for the contribution period is reduced, in addition

to any other such reduction made under this section or section 22, by the

amount worked out using the formula:

A x B

where:

'A' is the amount of the percentage figure that expresses the contribution

to the fund referred to in paragraph (c) as a proportion of the total amount

of the employee's notional earnings base:

(A) if the employee is employed under the industrial award or

law for the whole of the contribution period-for the whole of that period; or

(B) if the employee is employed under the award or law for a

part of the period-for that part of the period;

'B' is:

(A) 1; or

(B) if, in relation to the contribution period, the period for

which the employee is employed by the employer is greater than the period of

employment under the industrial award or law referred to in paragraph (a)-the

fraction that represents the period of employment under the award or law as a

proportion of the period of employment in the contribution period.";

(b) by omitting subsection (9) and substituting the following subsection:

"(9) An industrial award, an occupational superannuation arrangement, a law

of a kind referred to in paragraph 13(1)(ab) or 14(1)(ab) or a superannuation

scheme is to be taken not to specify the requisite employer contribution as a

percentage of an employee's notional earnings base if the award, arrangement,

law or scheme:

(a) determines the earnings of the employee by reference to which the

requisite employer contribution is to be calculated by specifying an amount of

money; and

(b) makes no provision for adjustment of that amount by reference to changes

in the earnings of an employee.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 81

81. After section 25 of the Principal Act the following section is

inserted:

Certain contributions taken to be in accordance with industrial award that

specifies notional earnings base

"25A.(1) This section applies to an industrial award if:

(a) the award specifies an amount of money ('the contribution amount'), in

relation to a class of employees identified by the award, as a requisite

contribution by an employer to a superannuation fund for the benefit of an

employee in the class ('a relevant employee'); and

(b) that amount is required, whether by the award or otherwise, to be

adjusted, if there is an increase in the earnings ('the adjustment earnings')

of the employees in a certain class of employees identified by the award, by

reference to that increase.

"(2) If, in relation to a contribution period, an employer:

(a) is contributing, for the benefit of a relevant employee, to a

superannuation fund under an industrial award to which this section applies;

and

(b) the award was operative immediately before 21 August 1991 and has not,

on or after that day, been amended in a way that has the effect of reducing an

employee's notional earnings base;

the employer is taken, for the purposes of subsection 23(2), to have made a

contribution to the fund in accordance with an industrial award that

specifies, as the percentage referred to in paragraph 23(2)(b), the percentage

that represents the contribution amount as a proportion of the employee's

notional earnings base in relation to the contribution period for the purposes

of subsection 23(2).

"(3) Subject to subsection (4), the employee's notional earnings base in

relation to a contribution period for the purposes of subsection 23(2) is the

adjustment earnings in respect of that period.

"(4) If the employee's notional earnings base in relation to a contribution

period under subsection (3) would be an amount greater than the maximum

contribution base for that period, the employee's notional earnings base is

the amount equal to the maximum contribution base.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 82

Application of amendments relating to notional earnings base

82. The amendments made by sections 78, 79, 80 and 81 have effect as if

those sections had commenced on 1 July 1992, immediately after the

commencement of the Principal Act.

Division 3 - Amendment relating to calculation of maximum contribution

base

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 83

Interpretation: maximum contribution base

83. Section 15 of the Principal Act is amended by omitting from subsection

(2) "1992-93" and substituting "1993-94".

Division 4 - Amendments relating to calculation of individual

superannuation guarantee shortfall

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 84

Individual superannuation guarantee shortfall for 1992-93

84. Section 18 of the Principal Act is amended by adding at the end the

following subsection:

"(3) If the total salary or wages paid by an employer to an employee in a

half-year exceeds the maximum contribution base for the contribution period

that corresponds to that half-year, the total salary or wages to be taken into

account for the purposes of the application of subsection (2) in relation to

the half-year is the amount equal to the maximum contribution base.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 85

Individual superannuation guarantee shortfall for 1993-94 and

subsequent years

85. Section 19 of the Principal Act is amended by adding at the end the

following subsection:

"(3) If the total salary or wages paid by an employer to an employee in a

quarter exceeds the maximum contribution base for the contribution period that

corresponds to that quarter, the total salary or wages to be taken into

account for the purposes of the application of subsection (2) in relation to

the quarter is the amount equal to the maximum contribution base.".

Division 5 - Amendment relating to the reduction of charge percentage

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 86

Reduction of charge percentage where contribution made to defined

benefit superannuation scheme

86. Section 22 of the Principal Act is amended:

(a) by omitting from paragraph (2)(a) "whole or a part" and substituting

"whole or part";

(b) by inserting in subsection (3) ", or the aggregate of the periods,"

after "means the period" (wherever occurring);

"(5) For the purposes of a calculation under this section in relation to an

employer and an employee:

(a) a period of leave of absence without pay granted by the employer to the

employee is not to be taken into account as a period for which the employee is

employed by the employer; and

(b) a benefit certificate is taken not to have effect in relation to the

employee in respect of such a period.".

Division 6 - Amendments relating to the period in which employer may

obtain statement that fund operated in accordance with

superannuation fund conditions

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 87

Certain benefit certificates presumed to be certificates in relation

to complying superannuation scheme

87. Section 24 of the Principal Act is amended:

(a) by omitting from paragraph (1)(a) all the words from and including "day

on which" to and including "commences" and substituting "starting day in

relation to that certificate";

(b) by omitting from paragraph (2)(b) all the words from and including "day

on which" to and including "commences" and substituting "starting day in

relation to that certificate";

"(5) In this section:

'starting day' means:

(a) in relation to a benefit certificate that has effect in relation to a

superannuation scheme for the whole of a contribution period:

(i) the day on which the contribution period commenced; or

(ii) if the contribution period commenced on 1 July 1992-the day

on which the Taxation Laws Amendment (Superannuation) Act 1992 received the

Royal Assent; and

(b) in relation to a benefit certificate that has effect in relation to a

superannuation scheme for a part of a contribution period:

(i) the day on which the part of the contribution period

commenced; or

(ii) if the contribution period commenced on 1 July 1992-the day

on which the part of the contribution period commenced or the day on which the

Taxation Laws Amendment (Superannuation) Act 1992 received the Royal Assent,

whichever is the later.".

Division 7 - Amendments relating to excluded salary or wages

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 88

Salary or wages: general exclusions

88. Section 27 of the Principal Act is amended:

(a) by adding at the end of subsection (1) the following paragraph:

"(e) salary or wages prescribed for the purposes of this paragraph.";

(b) by omitting subsection (2) and substituting the following subsection:

"(2) If an employer pays an employee less than $450 by way of salary or wages

in a month, the salary or wages so paid are not to be taken into account for

the purpose of making a calculation, in relation to the employer and the

employee, under section 18 or 19.".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 89

Application of amendments relating to excluded salary or wages

89. The amendments made by section 88 have effect as if that section had

commenced on 1 July 1992, immediately after the commencement of the Principal

Act.

PART 5 - AMENDMENT OF THE TAXATION ADMINISTRATION ACT 1953

Division 1 - Principal Act

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 90

Principal Act

90. In this Part, "Principal Act" means the Taxation Administration Act

1953.*4*

*4* No. 1, 1953, as amended. For previous amendments, see Nos. 28, 39, 40 and

52, 1953; No. 18, 1955; No. 39, 1957; No. 95, 1959; No. 17, 1960; No. 75,

1964; No. 155, 1965; No. 93, 1966; No. 120, 1968; No. 216, 1973; No. 133,

1974; No. 37, 1976; Nos. 19 and 59, 1979; Nos. 39 and 117, 1983; No. 123,

1984; No. 65, 1985 (as amended by No. 193, 1985); Nos. 4, 47, 104, 123 and

168, 1985; Nos. 41, 46, 48, 112, 144 and 154, 1986; No. 49, 1986 (as amended

by No. 141, 1987); Nos. 120 and 145, 1987; No. 62, 1987 (as amended by No.

108, 1987); No. 108, 1987 (as amended by No. 138, 1987); No. 138, 1987 (as

amended by No. 11, 1988); Nos. 95 and 97, 1988; Nos. 97, 105, 107, 124, 163

and 167, 1989; Nos. 20, 60, 61, 110, 119 and 136, 1990; Nos. 5, 6, 48, 100,

122 and 216, 1991; and Nos. 47, 92, 98 and 101, 1992.

Division 2 - Amendments relating to the Superannuation Guarantee

(Administration) Act 1992

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 91

Interpretation

91. Section 8J of the Principal Act is amended by renumbering paragraph

(2)(na), inserted by the Superannuation Guarantee (Consequential Amendments)

Act 1992, as "(nb)".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 92

Penalty taxes to be alternative to prosecution for certain offences

92. Section 8ZE of the Principal Act is amended by renumbering paragraph

(3)(ga), inserted by the Superannuation Guarantee (Consequential Amendments)

Act 1992, as "(gb)".

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992

- SECT 93

General interpretative provisions

93. Section 14ZQ of the Principal Act is amended:

(a) by renumbering paragraph (ea) of the definition of "delayed

administration (beneficiary) objection", inserted by the Superannuation

Guarantee (Consequential Amendments) Act 1992, as "(eb)";

(b) by renumbering paragraph (ea) of the definition of "delayed

administration (trustee) objection", inserted by the Superannuation Guarantee

(Consequential Amendments) Act 1992, as "(eb)".

Notes to the Taxation Laws Amendment (Superannuation) Act 1992

Note 1

The Taxation Laws Amendment (Superannuation) Act 1992 as shown in this compilation
comprises Act No. 208, 1992 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions
see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Taxation Laws Amendment (Superannuation) Act 1992	208, 1992	22 Dec 1992	See s. 2
Taxation Laws Amendment (Superannuation) Act 1993	7, 1993	27 May 1993	Ss. 63 and 64: 22 Dec 1992 S. 65: 1 July 1994	S. 64
Superannuation Industry (Supervision) Consequential Amendments Act 1993	82, 1993	30 Nov 1993	S. 79: 1 July 1994	—
Taxation Laws Amendment Act (No. 2) 1995	169, 1995	16 Dec 1995	Schedule 10 (item 9): (a)	—
Tax Laws Amendment (2010 Measures No. 2) Act 2010	75, 2010	28 June 2010	Schedule 6 (item 106): 29 June 2010	—

(a) Subsection 2(10) of the Taxation Laws Amendment Act (No. 2) 1995 provides as follows:

(10) Part 5 of Schedule 10 is taken to have commenced immediately after the
commencement of Division 9 of Part 2 of the Taxation Laws Amendment
(Superannuation) Act 1992.

Division 9 of Part 2 of the Taxation Laws Amendment (Superannuation) Act 1992 commenced on 1 July 1994.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 2
Division 7
S. 35...................	rep. No. 7, 1993
Division 9
S. 49...................	rs. No. 169, 1995
Division 10
S. 51...................	am. No. 7, 1993
Div. 12 of Part 2...........	rep. No. 75, 2010
S. 62...................	rep. No. 75, 2010
Part 3
Division 2
S. 69...................	am. No. 82, 1993

Table A

Application, saving or transitional provisions

Taxation Laws Amendment (Superannuation) Act 1993 (No. 7, 1993)

64 Application

The amendment made by this Division applies to annuities purchased on or after 22 December 1992.

Taxation Laws Amendment (Superannuation) Act 1992

Administered by Department of the Treasury

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