FIRST HOME SAVER ACCOUNTS ACT 2008 (REPEALED)

PART 4 - GOVERNMENT FHSA CONTRIBUTIONS  

Division 2 - Payment of Government FHSA contribution  

SECTION 41   Commissioner ' s determinations  

41(1)    
The Commissioner must determine that a Government FHSA contribution is payable for a person for a financial year if the Commissioner is satisfied that the contribution is payable for the person for the financial year.

41(2)    
In deciding whether to make a determination under this section, the Commissioner may have regard to:

(a) the income tax return lodged for the person, or the notice given in accordance with section 37 for the person, as the case requires, for the income year corresponding to the financial year; and

(b) the statement (relating to personal FHSA contributions) given to the Commissioner under section 391-5 in Schedule 1 to the Taxation Administration Act 1953 for the person for the financial year; and

(c) any other information held by the Commissioner that is relevant to whether a Government FHSA contribution is payable for the person for the financial year.

41(3)    
If the Commissioner makes a determination under subsection (1), the Commissioner must determine whether the contribution is to be paid:

(a) to an FHSA held by the person; or

(b) to a superannuation interest of the person in a complying superannuation plan; or

(c) to the person; or

(d) to the person ' s legal personal representative.