Treasury Laws Amendment (2022 Measures No. 4) Act 2023 (29 of 2023)

Schedule 9   Taxation of military superannuation benefits: Reversing the Douglas decision

Income Tax Assessment (1997 Act) Regulations 2021

2   After subsection 307-70.02(1)

Insert:

(1A) Paragraphs (1)(a) and (ba) do not apply to any of the following:

(a) a pension payable under subsection 39(1) of the Defence Force Retirement and Death Benefits Act 1973 if:

(i) that pension is payable because invalidity pay (within the meaning of that Act) was payable to the deceased member mentioned in that subsection; and

(ii) that invalidity pay commenced on or after 20 September 2007;

(b) a pension payable under subsection 42(1) of the Defence Force Retirement and Death Benefits Act 1973 if:

(i) that pension is payable because invalidity pay (within the meaning of that Act) was payable to a member (as mentioned in subsection 42(3)); and

(ii) that invalidity pay commenced on or after 20 September 2007;

(c) a pension payable under subsection 43(1) of that Act if:

(i) that pension is payable because invalidity pay (within the meaning of that Act) was payable to a member (as mentioned in subsection 43(3)); and

(ii) that invalidity pay commenced on or after 20 September 2007;

(d) a pension payable under subrule 42(1) or (3) of the Rules (within the meaning of the Military Superannuation and Benefits Act 1991) if:

(i) the deceased retirement pensioner's pension mentioned in that subrule was an invalidity pension (within the meaning of those Rules); and

(ii) that invalidity pension commenced on or after 20 September 2007;

(e) a pension payable under subrule 46(1) of those Rules if the deceased person's notional pension mentioned in that subrule was a pension covered by paragraph (d).