SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 3
-
Collection, recovery and administration of other taxes
History
Ch 3 inserted by
No 73 of 2006
, s 3 and Sch 5 item 41, effective 1 July 2006.
PART 3-20
-
SUPERANNUATION
History
Pt 3-20 heading substituted by No 81 of 2016, s 3 and Sch 1 item 13, effective 1 January 2017 and applicable on and after 1 July 2017. The heading formerly read:
PART 3-20
-
SUSTAINING THE SUPERANNUATION CONTRIBUTION CONCESSION
Pt 3-20 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. No 82 of 2013, s 3 and Sch 3 item 39 contains the following application provision:
39 Application
(1)
Subject to this item, the amendments made apply to the 2012-13 income year and later income years.
…
No retrospective administrative penalty
(3)
Despite subitem (1), the amendments made do not give rise to a liability to an administrative penalty under section 286-75 in Schedule 1 to the
Taxation Administration Act 1953
for failing to do a thing by a particular day, if the day is before the day this Act receives the Royal Assent
[
28 June 2013].
Modification for certain notice provisions
(4)
Despite subitem (1), section 133-75 in Schedule 1 to the
Taxation Administration Act 1953
, as inserted, does not require the Commissioner to give a notice before 1 July 2014.
Division 133
-
Division 293 tax
History
Div 133 heading substituted by No 81 of 2016, s 3 and Sch 1 item 14, effective 1 January 2017 and applicable on and after 1 July 2017. The heading formerly read:
Division 133
-
Deferred payment
Div 133 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.
Subdivision 133-C
-
Compulsory payment
History
Subdiv 133-C inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt
3-20
heading.
End benefit
SECTION 133-130
MEANING OF END BENEFIT
133-130(1)
A
*
superannuation benefit is the
end benefit
for a
*
superannuation interest if it is the first superannuation benefit to become payable from the interest, disregarding a benefit that is any of the following:
(a)
a
*
roll-over superannuation benefit paid to a
*
complying superannuation plan that is a
*
successor fund;
(b)
a benefit that becomes payable under the condition of release specified in item 105 of the table in Schedule
1
to the
Superannuation Industry (Supervision) Regulations 1994
(about severe financial hardship);
(c)
a benefit that becomes payable under the condition of release specified in item 107 of that table (about compassionate ground);
(d)
a benefit specified in an instrument under subsection
(2)
.
133-130(2)
The Minister may, by legislative instrument, specify a
*
superannuation benefit for the purposes of paragraph
(1)(d)
.
[
CCH Note:
Legislative Instrument F2013L02050, effective from 1 July 2012, provides that, for subsection
133-130(2)
, the superannuation benefits specified in the following table are excluded from being an end benefit for the purposes of the taxation law.
Table of superannuation benefits that are not end benefits
|
Item
|
A superannuation benefit that is a:
|
1 |
Family law superannuation payment.] |
133-130(3)
(Repealed by No 127 of 2021)
History
S 133-130(3) repealed by No 127 of 2021, s 3 and Sch 3 item 43, effective 1 January 2022. S 133-130(3) formerly read:
133-130(3)
Subsection 12(2) (retrospective application of legislative instruments) of the
Legislation Act 2003
does not apply in relation to an instrument made under subsection (2).
S 133-130(3) substituted by No 126 of 2015, s 3 and Sch 1 item 602, effective 5 March 2016. S 133-130(3) formerly read:
133-130(3)
Despite subsection 12(2) of the
Legislative Instruments Act 2003
, a legislative instrument made under subsection (2) may be expressed to take effect from any time on or after 1 July 2012.
133-130(4)
(Repealed by No 127 of 2021)
History
S 133-130(4) repealed by No 127 of 2021, s 3 and Sch 3 item 43, effective 1 January 2022. S 133-130(4) formerly read:
133-130(4)
Despite subsection 12(1A) (retrospective commencement of legislative instruments) of the
Legislation Act 2003
, an instrument made under subsection (2) of this section must not commence before 1 July 2012.
S 133-130(4) amended by No 78 of 2018, s 3 and Sch 2 item 18, by substituting
"
12(1A)
"
for
"
12(3)
"
, effective 25 August 2018.
S 133-130(4) inserted by No 126 of 2015, s 3 and Sch 1 item 602, effective 5 March 2016.
History
S 133-130 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt
3-20
heading.