INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART I - PRELIMINARY  
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SECTION 6G   ACCRUED LEAVE TRANSFER PAYMENTS  

6G(1)   Meaning of ``accrued leave transfer payment''.  

For the purposes of this Act, a payment made by a taxpayer ( ``payer'' ) to another taxpayer ( ``payee'' ) is an accrued leave transfer payment if:

(a) the payment is in respect of long service leave, annual leave, sick leave or other leave; and

(b) the whole or a part of the leave accrued when the person to whom the leave relates was an employee of the payer; and

(c) at the time the payment is made, the person to whom the leave relates:

(i) has ceased, or is about to cease, to be an employee of the payer; and

(ii) has become, or is about to become, an employee of the payee; and

(d) the payment is made under, or for the purposes of facilitating the provisions of:

(i) a law of the Commonwealth, a State or a Territory; or

(ii) an award, order, determination or industrial agreement in force under any such law.

6G(2)   Extended meaning of ``employee''.  

In subsection (1):

"employee"
includes a person who:

(a) holds an office, appointment or position; or

(b) performs functions or duties; or

(c) engages in any work; or

(d) does any other acts or things;

where the person accrues long service leave, annual leave, sick leave or other leave because of:

(e) the holding of that office, appointment or position; or

(f) the performance of those functions or duties; or

(g) the engaging in of that work; or

(h) the doing of those other acts or things;

as the case requires.