Income Tax Regulations 1936 (Repealed)

Pt 1, formerly Pt I, renumbered by SR No 192 of 1990.

Reg 1 substituted by SR No 348 of 1998.

Reg 2 substituted by SLI No 39 of 2015, reg 4 and Sch 1 item 12, effective 1 July 2015. Reg 2 formerly read:

REGULATION 2 INTERPRETATION  
2(1)
In these Regulations, unless the contrary intention appears:

ABN
(Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

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Definition of "ABN" inserted by SR No 72 of 2000.

effective
, in relation to an address, means that the person to whom the address relates will receive documents delivered to the address.

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Definition of "effective" inserted by SR No 289 of 2001.

ESS interest
has the meaning given by subsection 83A-10(1) of the Income Tax Assessment Act 1997.

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Definition of "ESS interest" inserted by SLI No 7 of 2010, reg 3 and Sch 1 item 1, effective 1 July 2009.

employment declaration
(Repealed by SR No 72 of 2000)

preferred address for service
has the meaning given by regulation 36.

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Definition of "preferred address for service" inserted by SR No 289 of 2001.

RSA Regulations
(Repealed by SLI No 4 of 2011)

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Definition of "RSA Regulations" repealed by SLI No 4 of 2011, reg 3 and Sch 1 item 1, effective 15 February 2011. The definition formerly read:

RSA Regulations
means the Retirement Savings Accounts Regulations 1997.

Definition of "RSA Regulations" inserted by SLI No 327 of 2005, reg 3 and Sch 1 item 1, effective 1 January 2006.

SIS Regulations
(Repealed by No SLI No 4 of 2011)

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Definition of "SIS Regulations" repealed by SLI No 4 of 2011, reg 3 and Sch 1 item 1, effective 15 February 2011. The definition formerly read:

SIS Regulations
means the Superannuation Industry (Supervision) Regulations 1994.

Definition of "SIS Regulations" inserted by SLI No 327 of 2005, reg 3 and Sch 1 item 1, effective 1 January 2006.

tax file number
, in relation to an employee, means the number that is the employee's tax file number for the purposes of Part VA of the Act;

the Act
means the Income Tax Assessment Act 1936.

2(2)
(Repealed by SLI No 36 of 2011)

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Reg 2(2) repealed by SLI No 36 of 2011, reg 4 and Sch 2 item 1, effective 17 December 2010. Reg 2(2) formerly read:

2(2)
In these Regulations, unless the contrary intention appears, any reference to a Form shall be read as a reference to a Form contained in Schedule 1.

2(3)
If:

(a) a provision of these Regulations requires the number of cents in an amount to be worked out to the nearest 5 cents; and

(b) an amount to which the provision applies is not a whole number that ends in a 0 or a 5;

the provision is satisfied if the amount is rounded to the nearest number of whole cents ending in a 0 or a 5, and if the amount to be rounded ends in 2.5 or 7.5, rounded up.

Reg 2(3) inserted by SR No 141 of 1997.

Reg 2, formerly reg 3, renumbered by SR No 192 of 1990.

[Note: The following history notes for the pre-1 July 1990 amendments to this Regulation reflect its former numbering.]

Definition of "employment declaration" inserted by Act No 97 of 1988.

Definition of "prescribed delegate of the Commissioner" omitted by SR No 123 of 1989.

Definition of "tax file number" inserted by Act No 97 of 1988.

Reg 3(1) substituted by SR No 384 of 1988.

Reg 3(2) amended by SR No 384 of 1988.

Pt 2 repealed by SLI No 36 of 2011, reg 4 and Sch 2 item 2, effective 17 December 2010.

Pt 2, formerly Pt II, renumbered by SR No 192 of 1990.

Reg 3 repealed by SLI No 36 of 2011, reg 4 and Sch 2 item 2, effective 17 December 2010. Reg 3 formerly read:

REGULATION 3 OATH OR DECLARATIONBY OFFICERS  
3
The Oath or Declaration which an officer may be required to make in pursuance of subsection 16(6) of the Act shall be in accordance with Form 1 or Form 2, as the case may be.

Reg 3, formerly reg 4, renumbered by SR No 192 of 1990.

Regulation formally amended by SR No 384 of 1988.

Pt 3, formerly Pt III, renumbered by SR No 192 of 1990.

Reg 6 substituted by SLI No 39 of 2015, reg 4 and Sch 1 item 13, effective 1 July 2015. Reg 6 formerly read:

REGULATION 6 PRESCRIBED CLASSES OF PERSONS (ACT, SUBSECTION 23AB(2))  
6(1)
For subsection 23AB(2) of the Act, the following classes of persons are prescribed:

(a) members of the Australian Federal Police who are members of the force, created by the United Nations, for keeping peace in Cyprus;

(b) Australian residents serving with UNMIT in Timor-Leste on or after 25 August 2006.

6(2)
For paragraph (1)(b):

UNMIT
means the United Nations Integrated Mission in Timor-Leste, established by the United Nations Security Council on 25 August 2006.

Reg 6 substituted by SLI No 156 of 2009, reg 3 and Sch 1 item 1, effective 26 June 2009. Reg 6 formerly read:

REGULATION 6 PRESCRIBED CLASSES OF PERSONS (ACT, SECTION 23AB)  
6(1)
For subsection 23AB(2) of the Act, the following classes of persons are prescribed:

(a) members of the Australian Federal Police who are members of the force, created by the United Nations, for keeping peace in Cyprus; and

(b) members of the Australian Federal Police performing service with the United Nations Operation in Mozambique in the period from 27 March 1994 to 10 December 1994 (inclusive); and

(c) members of the Australian Federal Police performing service with the Multinational Force in Haiti in the period from 5 November 1994 to 21 March 1995 (inclusive); and

(d) Australian residents serving with UNTAET in East Timor on or after 23 February 2000.

6(2)
For paragraph (1)(d):

UNTAET
means the United Nations Transitional Administration in East Timor established by the United Nations Security Council on 25 October 1999.

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Reg 6(2) inserted by SR No 104 of 2001.

Reg 6 amended by SR No 104 of 2001 and SR No 274 of 1996, substituted by SR No 356 of 1995, renumbered by SR No 192 of 1990, and amended by SR No 123 of 1989.

Reg 7 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 14, effective 1 July 2015. Reg 7 formerly read:

REGULATION 7 TERMINATION DATES OF OPERATIONAL AREAS (ACT, SUBSECTION 23AC(7))  
7
For the purposes of paragraph (b) of the definition of "termination date" in subsection 23AC(7) of the Act:

(a) 7 October 1993 is the termination date in respect of Cambodia (being the operational area specified in subsection 23AC(6B) of the Act); and

(b) 30 November 1994 is the termination date in respect of Somalia (being the operational area specified in subsection 23AC(6D) of the Act); and

(c) 23 January 1997 is the termination date in respect of the former Yugoslavia (being the operational area specified in subsection 23AC(6C) of the Act).

Reg 7 amended by SR No 270 of 1997 and inserted by SR No 356 of 1995.

Former reg 7 omitted by SR No 390 of 1990.

Reg 7, formerly reg 4ACA, renumbered by SR No 192 of 1990.

Regulation inserted by SR No 19 of 1990.

Reg 7A substituted by SLI No 78 of 2015, reg 4 and Sch 1 item 1, effective 2 June 2015. Reg 7A formerly read:

REGULATION 7A DECLARATION OF ELIGIBLE DUTY (ACT, SUBSECTION 23AD(2))  
7A
For subsection 23AD(2) of the Act, each of the following is eligible duty:

(a) (Repealed by SLI No 90 of 2014)

(aa) duty with Operation Slipper starting on 20 February 2012 and ending at the end of 30 June 2014 in the area bounded by the following geographical coordinates:

(i) 39° 00' N 32° 00' E;

(ii) 39° 00' N 78° 00' E;

(iii) 23° 00' N 78° 00' E;

(iv) 23° 00' N 68° 00' E;

(v) 11° 00' S 68° 00' E;

(vi) 11° 00' S 38° 00' E;

(vii) 17° 00' N 38° 00' E;

(viii) 17° 00' N 32° 00' E;

(ab) duty with Operation Slipper in Afghanistan, including within the land territory, internal waters, airspace and superjacent airspace of Afghanistan, starting on 1 July 2014 and ending on 31 December 2014;

(b) duty with the United Nations Assistance Mission in Afghanistan, including within the land territory, internal waters, airspace and superjacent airspace of Afghanistan, starting on or after 27 June 2005 and ending at the end of 31 December 2014 (Operation Palate II);

(c) duty with Operation OKRA in Iraq, including within the land territory, internal waters, territorial sea, airspace and superjacent airspace of Iraq, starting on 9 August 2014 and ending on 30 June 2015;

(d) duty with the Defence Force on Operation Highroad in Afghanistan, including within the land territory, internal waters, airspace and superjacent airspace of Afghanistan, after 31 December 2014 and before the end of 30 June 2015.

(e)-(f) (Repealed by SLI No 90 of 2014)

Reg 7A amended by SLI No 211 of 2014, reg 4 and Sch 2 item 1, by inserting para (d), effective 17 December 2014.

Reg 7A amended by SLI No 176 of 2014, reg 4 and Sch 2 item 1, by inserting para (c), effective 18 November 2014.

Reg 7A amended by SLI No 90 of 2014, reg 4 and Sch 1 items 1-4, by repealing para (a), (d), (e) and (f), inserting para (ab) and substituting "(Operation Palate II)." for "(Operation Palate II);" in para (b), effective 14 June 2014. Para (a), (d), (e) and (f) formerly read:

(a) duty with Operation Slipper starting on 31 July 2009 and ending at the end of 19 February 2012 in the area bounded by the following geographical coordinates:

(i) 39° 00' N 78° 00' E;

(ii) 39° 00' N 32° 00' E;

(iii) 05° 00' S 32° 00' E;

(iv) 05° 00' S 78° 00' E;

(d) duty with Operation Kruger in Iraq starting on 1 January 2009 and ending at the end of 16 November 2011;

(e) duty with Operation Riverbank in Iraq starting on 21 July 2008 and ending at the end of 31 December 2013;

(f) duty that:

(i) was with the multinational operational force established under the United Nations Security Council Resolutions 1970 and 1973 to enforce a no-fly-zone in relation to Libya; and

(ii) started on 31 March 2011 and ended at the end of 31 October 2011; and

(iii) was within the landmass, internationally recognised territorial waters and superjacent airspace of Libya.

Reg 7A amended by SLI No 201 of 2013, reg 4 and Sch 1 item 1, by substituting "31 December 2014" for "31 December 2013" in para (b), effective 7 August 2013.

Reg 7A amended by SLI No 129 of 2013, reg 4 and Sch 1 item 1, by substituting "30 June 2014" for "30 June 2013", effective 15 June 2013.

Reg 7A amended by SLI No 222 of 2012, reg 3 and Sch 1 item 1, by substituting para (a) and (aa) for para (a), effective 15 September 2012. Para (a) formerly read:

(a) duty with Operation Slipper starting on 31 July 2009 and ending at the end of 30 June 2013 in the area bounded by the following geographical coordinates:

(i) 39° 00' N 78° 00' E;

(ii) 39° 00' N 32° 00' E;

(iii) 05° 00' S 32° 00' E;

(iv) 05° 00' S 78° 00' E;

Reg 7A amended by SLI No 115 of 2012, reg 3 and Sch 1 items 1 to 4, by substituting "30 June 2013" for "30 June 2012" in para (a), "31 December 2013" for "31 December 2012" in para (b) and "31 December 2013;" for "31 December 2012." in para (e), and inserting para (f), effective 19 June 2012.

Reg 7A amended by SLI No 110 of 2011, reg 3 and Sch 1 items 1 to 4, by substituting para (b), repealing para (c), substituting "16 November 2011;" for "30 June 2011;" in para (d) and "31 December 2012." for "31 December 2011." in para (e), effective 21 June 2011. Paras (b) and (c) formerly read:

(b) duty with the United Nations Assistance Mission in Afghanistan, including within the land territory, internal waters, airspace and superjacent airspace of Afghanistan, on or after 27 June 2005 (Operation Palate II);

(c) duty with Operation Catalyst, on or after 16 July 2003, within:

(i) the total land areas, territorial waters, internal waterways and airspace boundaries of the following places:

(A) Iraq;

(B) Kuwait;

(C) Bahrain;

(D) Qatar;

(E) United Arab Emirates;

(F) Saudi Arabia (north of the geographic coordinate 23° 00' N); and

(ii) the waters and airspace of the following places:

(A) the Persian Gulf;

(B) the Strait of Hormuz;

Reg 7A amended by SLI No 136 of 2010, reg 4 and Sch 2 items 1 and 2, by substituting paras (d) and (e), effective 16 June 2010. Paras (d) and (e) formerly read:

(d) duty with Operation Kruger in Iraq from 1 January 2009 to 31 December 2010 (inclusive);

(e) duty with Operation Riverbank in Iraq from 21 July 2008 to 31 December 2010 (inclusive).

Reg 7A amended by SLI No 136 of 2010, reg 3 and Sch 1 item 1, by substituting para (a), effective 31 July 2009. Para (a) formerly read:

(a) duty with Operation Slipper, within at least 1 of the following specified areas, on or after 11 October 2001:

(i) the area bounded by the following geographical coordinates:

(A) 48° 00' N 81° 00' E;

(B) 48° 00' N 35° 00' E;

(C) 12° 00' N 35° 00' E;

(D) 12° 00' N 81° 00' E;

(ii) the Diego Garcia land mass and territorial waters;

(iii) the greater of:

(A) the airspace of Diego Garcia for a radius of 250 nautical miles from Reference Point 07° 18.6' S 072° 24.6' E; and

(B) the declared Air Defence Identification Zone for Diego Garcia;

Reg 7A substituted by SLI No 156 of 2009, reg 3 and Sch 1 item 2, effective 26 June 2009. Reg 7A formerly read:

REGULATION 7A DECLARATION OF ELIGIBLE DUTY  
7A
For subsection 23AD(2) of the Act, each of the following is eligible duty:

(a) duty with the International Force East Timor (INTERFET) in East Timor from 16 September 1999 to 10 April 2000 (inclusive);

(b) duty with INTERFET in the territorial sea of Indonesia adjacent to East Timor from 16 September 1999 to 10 April 2000 (inclusive);

(c) duty with the United Nations Transitional Administration East Timor ( UNTAET ) in East Timor after 15 September 1999;

(d) duty with UNTAET in the 12 nautical mile territorial sea adjacent to East Timor after 15 September 1999;

(e) duty with Operation Slipper within at least 1 of the following specified areas, on or after 11 October 2001:

(i) the area bounded by the following geographical coordinates:

• 48°00'N 81°00'E;

• 48°00'N 35°00'E;

• 12°00'N 35°00'E;

• 12°00'N 81°00'E;

(ii) the Diego Garcia land mass and territorial waters;

(iii) the greater of:

(A) the airspace of Diego Garcia for a radius of 250 nautical miles from Reference Point 07°18.6'S 072°24.6'E; and

(B) the declared Air Defence Identification Zone for Diego Garcia;

(f) duty with the United Nations Mission of Support in East Timor (UNMISET) in either or both of:

(i) East Timor; and

(ii) the territorial sea of East Timor;

from 20 May 2002 to 17 August 2003 (inclusive);

(g) duty with Operation Falconer, on or after 18 March 2003, within the area bounded by the following geographical coordinates:

• 38°00'N 68°00'E;

• 38°00'N 32°00'E;

• 10°00'N 32°00'E;

• 10°00'N 68°00'E;

(h) duty with the United Nations Assistance Mission in Afghanistan, including the land territory, internal waters, airspace and superjacent airspace of Afghanistan, from 18 April 2003 to 5 July 2004 (inclusive) (Operation Palate);

(ha) duty with the United Nations Assistance Mission in Afghanistan, including the land territory, internal waters, airspace and superjacent airspace of Afghanistan, on or after 27 June 2005 (Operation Palate II);

(i) duty with Operation Catalyst, on or after 16 July 2003, within:

(i) the total land areas, territorial waters, internal waterways and airspace boundaries of the following places:

(A) Iraq;

(B) Kuwait;

(C) Bahrain;

(D) Qatar;

(E) United Arab Emirates;

(F) Saudi Arabia (north of the geographic coordinate 23°00'N); and

(ii) the waters and airspace of the following places:

(A) the Persian Gulf;

(B) the Strait of Hormuz.

Reg 7A amended by SLI No 59 of 2006, reg 3 and Sch 1 item 1, by substituting paras (h) and (ha) for para (h), effective 23 March 2006. Para (h) formerly read:

(h) duty with Operation Palate in Afghanistan, including the airspace of Afghanistan, on or after 18 April 2003;

Reg 7A amended by SR No 80 of 2004, SR No 204 of 2003, SR No 44 of 2002, SR No 262 of 2000, SR No 117 of 2000, and inserted by SR No 39 of 2000.

Reg 7B repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 1, effective 1 July 2007. Reg 7B formerly read:

REGULATION 7B PRESCRIBED STANDARDS - (ACT, PARAGRAPH 26AFB(2)(c))  
7B
For paragraph 26AFB(2)(c) of the Act, the standards mentioned in Part 6 of the Superannuation Industry (Supervision) Regulations 1994 are prescribed.

Reg 7B inserted by SR No 169 of 2002.

Reg 8 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 1, effective 1 July 2007. Reg 8 formerly read:

REGULATION 8 APPROVED TRUSTEE  
8
For the purposes of paragraph (f) of the definition of ``approved trustee'' in subsection 27A(1) of the Act, the Bank of New South Wales Nominees Pty. Limited is prescribed.

Reg 8, formerly reg 4ADA, renumbered by SR No 192 of 1990.

Regulation inserted by SR No 21 of 1985.

Reg 8A repealed by SLI No 89 of 2007, s 3 and Sch 1 item 1, effective 1 July 2007. Reg 8A formerly read:

REGULATION 8A INTERDEPENDENCY RELATIONSHIPS (ACT S 27AAB)  
8A(1)
For paragraph 27AAB(3)(a) of the Act, the following matters are to be taken into account in determining whether 2 persons have an interdependency relationship, or had an interdependency relationship immediately before the death of 1 of the persons:

(a) all of the circumstances of the relationship between the persons, including (where relevant):

(i)the duration of the relationship; and

(ii) whether or not a sexual relationship exists; and

(iii) the ownership, use and acquisition of property; and

(iv) the degree of mutual commitment to a shared life; and

(v) the care and support of children; and

(vi) the reputation and public aspects of the relationship; and

(vii) the degree of emotional support; and

(viii) the extent to which the relationship is one of mere convenience; and

(ix) any evidence suggesting that the parties intend the relationship to be permanent;

(b) the existence of a statutory declaration signed by one of the persons to the effect that the person is, or (in the case of a statutory declaration made after the end of the relationship) was, in an interdependency relationship with the other person.

8A(2)
For paragraph 27AAB(3)(b) of the Act, 2 persons have an interdependency relationship if:

(a) they satisfy the requirements of paragraphs 27AAB(1)(a) to (c) of the Act; and

(b) one or each of them provides the other with support and care of a type and quality normally provided in a close personal relationship, rather than by a mere friend or flatmate.

Examples of care normally provided in a close personal relationship rather than by a friend or flatmate

1. Significant care provided for the other person when he or she is unwell.

2. Significant care provided for the other person when he or she is suffering emotionally.

8A(3)
For paragraph 27AAB(3)(b) of the Act, 2 persons have an interdependency relationship if:

(a) they have a close personal relationship; and

(b) they do not satisfy the other requirements set out in subsection 27AAB(1) of the Act; and

(c) the reason they do not satisfy the other requirements is that they are temporarily living apart.

Example for paragraph (3)(c)

One of the persons is temporarily working overseas or is in gaol.

8A(4)
For paragraph 27AAB(3)(b) of the Act, 2 persons have an interdependency relationship if:

(a) they have a close personal relationship; and

(b) they do not satisfy the other requirements set out in subsection 27AAB(1) of the Act; and

(c) the reason they do not satisfy the other requirements is that either or both of them suffer from a disability.

8A(5)
For paragraph 27AAB(3)(b) of the Act, 2 persons do not have an interdependency relationship if 1 of them provides domestic support and personal care to the other:

(a) under an employment contract or a contract for services; or

(b) on behalf of another person or organisation such as a government agency, a body corporate or a benevolent or charitable organisation.

Reg 8A inserted by SLI No 262 of 2005.

Reg 9 substituted by SR No 202 of 1993 and amended by SR No 46 of 1993. Reg 9, formerly reg 4AE, renumbered by SR No 192 of 1990.

[Note: The following history notes for the pre-1 July 1990 amendments to this Regulation reflect its former numbering.]

Reg 4AE substituted by SR No 208 of 1988 and substituted for reg 4A by SR No 172 of 1984.

Reg 12(1A) repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 16, effective 1 July 2015. Reg 12(1A) formerly read:

12(1A)
For the purposes of paragraph 51AGB(1)(h) of the Act, the provision of car parking facilities for a car during a period referred to in section 51AGB of the Act is taken to be excluded from that section if:

(a) the facilities are provided to a taxpayer who:

(i) is entitled under the law of a State or Territory to the use of a disabled persons' car parking space; and

(ii) is the driver of, or is a passenger in, the car; and

(b) a valid disabled persons' car parking permit is displayed on the car.

Reg 12(1A) inserted by SR No 95 of 1994.

Reg 12 inserted by SR No 159 of 1993. Former reg 12 omitted by SR No 390 of 1990. Reg 12, formerly reg 7, renumbered by SR No 192 of 1990.

Reg 12A repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 2, effective 1 July 2007. Reg 12A formerly read:

REGULATION 12A MAXIMUM DEDUCTION FOR SUPERANNUATION CONTRIBUTIONS BY ELIGIBLE PERSONS  
12A(1)
For the purposes of subparagraph 82AAT(2)(a)(ii) of the Act, the amount of a taxpayer's maximum deductible contributions to a complying superannuation fund for a year of income is:

(a) where the taxpayer contributed to only one such fund during the year of income - an amount equal to the maximum deductible contributions that may be accepted by the fund in relation to the taxpayer under subregulation 18B(9) of the Occupational Superannuation Standards Regulations during the year of income; or

(b) where the taxpayer contributed to more than one such fund during the year of income - the greatest amount ascertained under paragraph (a) separately for each of those funds.

12A(2)
This regulation applies in relation to the year of income that commenced on 1 July 1990 and later years of income.

Reg 12A inserted by SR No 156 of 1991.

Reg 13 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 17, effective 1 July 2015. Reg 13 formerly read:

REGULATION 13 PRESCRIBED STOCK EXCHANGES  
13(1)
The following stock exchanges are specified as prescribed stock exchanges for the purposes of Division 3A of Part III of the Act:

Brisbane Stock Exchange

Hobart Stock Exchange

Stock Exchange of Adelaide

Stock Exchange of Melbourne

Stock Exchange of Perth

Sydney Stock Exchange.

13(2)
The stock exchanges specified in subregulation (1) are declared to have been prescribed stock exchanges for the purposes of Division 3A of Part III of the Act during the period from and including 16 June 1970, to and including the day immediately before the commencement of these Regulations.

Reg 13 formerly reg 7A renumbered by SR No 192 of 1990.

Regulation formally amended by SR No 384 of1988.

Reg 14AA repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 17, effective 1 July 2015. Reg 14AA formerly read:

REGULATION 14AA DEBENTURES ISSUED ON OVERSEAS CAPITAL MARKET (SUBSECTION 128F(8))  
14AA
The United States of America is a country specified under paragraph 128F(8)(c) of the Act.

Reg 14AA inserted by SR No 196 of 1997.

Pt 3A repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 3, effective 1 July 2007.

Pt 3A, comprising reg 14A-14D, inserted by SR No 347 of 1990.

Reg 14A repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 3, effective 1 July 2007. Reg 14A formerly read:

REGULATION 14A INTERPRETATION  
14A
In this Part:

"authorised actuary"
means:

(a) in relation to a life assurance company - an authorised actuary within the meaning of subsection 110(1) of the Act; and

(b) in relation to a registered organisation - an authorised actuary within the meaning of subsection 116HAC(1) of the Act;

"future premiums"
has the same meaning as in subsection 110(1) of the Act;

"life assurance policy"
means:

(a) in relation to a life assurance company - a life assurance policy within the meaning of subsection 110(1) of the Act; and

(b) in relation to a registered organisation - a life assurance policy within the meaning of subsection 116E(1) of the Act;

"registered organisation"
has the same meaning as in subsection 116E(1) of the Act;

"risk component"
means:

(a) in relation to a life assurance company - the risk component within the meaning of subsection 110(1) of the Act; and

(b) in relation to a registered organisation - the risk component within the meaning of subsection 116E(1) of the Act.

Reg 14A substituted by SR No 152 of 1995.

Former reg 14A inserted by SR No 347 of 1990.

Reg 14B repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 3, effective 1 July 2007. Reg 14B formerly read:

REGULATION 14B RISK COMPONENT: TERM INSURANCE POLICY  
14B
The risk component of a premium received in respect of:

(a) a term insurance policy; or

(b) a rider or supplementary benefit attached to another policy where the sum insured is payable on death within a specified term;

is the whole of the premium.

Reg 14B inserted by SR No 347 of 1990.

Reg 14C repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 3, effective 1 July 2007. Reg 14C formerly read:

REGULATION 14C RISK COMPONENT: UNBUNDLED LIFE ASSURANCE POLICY  
14C(1)
The risk component of a premium received under an unbundled life assurance policy is:

(a) if expenses are not included in the mortality charge - the mortality charge plus so much of the expenses as the authorised actuary determines relate to the mortality charge; or

(b) if expenses are included in the mortality charge - the mortality charge.

14C(2)
In this regulation, an unbundled life assurance policy:

(a) means a policy where the premium consists of an identified mortality charge and identified investment contribution, whether or not expenses are treated separately; and

(b) does not include a term insurance policy.

Reg 14C inserted by SR No 347 of 1990.

Reg 14D repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 3, effective 1 July 2007. Reg 14D formerly read:

REGULATION 14D RISK COMPONENT: OTHER LIFE ASSURANCE POLICIES  
14D(1)
The risk component of a premium received under a life assurance policy, other than one referred to in regulation 14B or 14C, is the amount worked out in accordance with the following steps:

Step 1:	Find out the calculated liability for the policy by multiplying the valuation of liability by the adjustment factor according to the rate of compound interest used in the last actuarial valuation of liabilities made in respect of the life assurance company or registered organisation, on the basis of the following table:
	Rate of interest	Adjustment factor
	4% or more .	100%
	3.5% to less than 4% .	95%
	3% to less than 3.5% .	90%
	less than 3% .	85%
Step 2:	Find out the sum at risk under the policy as follows:
		(a) deduct from the sum payable on death any amount reinsured; and
		(b) deduct the calculated liability from the amount worked out under paragraph (a);
	each of these amounts being worked out as at:
		(c) the end of the year of income; or
		(d) immediately before the policy ceased, if the policy ceased in the year of income.
Step 3:	If a premium received relates to a period of less than a year, adjust the sum at risk (Step 2) by multiplying it by the fraction of the year to which the premium relates.
Step 4:	Work out the mortality factor on the basis of the formula:
	1.2 q  + .0006;
	where q is the ultimate mortality rate in IA1964-70, worked out by reference to the age or ages of the life or lives insured.
Step 5:	Multiply the sum at risk (Step 2) or the adjusted sum at risk (Step 3), as the case requires, by the mortality factor.
Step 6:	Add the total worked out under Step 5 to that part of the premium, if any, paid to reinsure the mortality risk under the policy.

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Reg 14D(1) amended by SR No 152 of 1995.

14D(2)
If premiums are not contracted to be payable in each year of the policy, the risk component includes an amount determined by the authorised actuary for the period for which the policy can reasonably be expected to remain in force after premiums have ceased.

14D(3)
In making a determination under subregulation (2), the authorised actuary must have regard to the bases set out in subregulation (1).

14D(4)
In this Regulation:

"IA1964-70"
means the Australian Insured Lives Mortality Table 1964-1970, published by the Institute of Actuaries of Australia and New Zealand;

"valuation of liability"
means the amount that would be enough to pay in full at maturity, according to the rates of mortality assumed in the company's last actuarial valuation, all liability (other than any liability reinsured) under the policy in force on the date for which the valuation is made, if:

(a) the amount were accumulated at the rate of interest assumed in that last actuarial valuation; and

(b) the future premiums (other than any reinsurance premiums), were accumulated at that rate.

Reg 14D inserted by SR No 347 of 1990.

Pt 4, formerly Pt IV, renumbered by SR No 192 of 1990.

Reg 15 (formerly reg 9) renumbered by SR No 192 of 1990.

Reg 16 (formerly reg 10) renumbered by SR No 192 of 1990, amended by SR No 152 of 1990.

Reg 17 (formerly reg 11) amended by SR No 462 of 1994, SR No 390 of 1990, renumbered by SR No 192 of 1990, amended by SR No 152 of 1990, SR No 151 of 1990, Act No 97 of 1988.

Reg 18 (formerly reg 11A) renumbered by SR No 192 of 1990 and amended by SR No 152 of 1990.

Reg 19 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 17, effective 1 July 2015. Reg 19 formerly read:

REGULATION 19 STATEMENT TO BE FURNISHED BY EMPLOYERS  
19(1)
Every employer of labour shall, when called upon by the Commissioner either by general notice published in the Gazette or by direct notice to the employer, give to the Commissioner, at an address mentioned in subregulation (3), a statement showing:

(a) the names and addresses of all persons employed by him during the period mentioned in the notice;

(b) the capacity in which each person was employed;

(c) the total amount of remuneration paid to each person during that period; and

(d) the value of board, residence, or other allowance made to each person during that period.

Penalty: 5 penalty units.

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Reg 19(1) amended by SR No 302 of 2002.

19(2)
The employer shall include in the statement, in relation to each employee who has, for the purposes of Part VA of the Act, quoted his or her tax file number in a TFN declaration given to the employer:

(a) the employee's tax file number; or

(b) where the employee is, because of the application of subsection 202CB(2) or (4) of the Act, to be taken to have so quoted the number - a notice to that effect.

Penalty: 5 penalty units.

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Reg 19(2) amended by SR No 302 of 2002 and SR No 72 of 2000.

19(3)
For subregulation (1), the addresses are:

(a) a place directed by the Commissioner; or

(b) if the Commissioner does not give a direction, a place where, under these Regulations, the return of the employer may be furnished.

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Reg 19(3) amended by SR No 302 of 2002 and substituted by SR No 462 of 1994.

19(4)
An offence under subregulation (1) or (2) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code.

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Reg 19(4) inserted by SR No 302 of 2002.

Reg 19, formerly reg 12, and subreg (2) and (3), formerly subreg (1A) and (2), renumbered by SR No 192 of 1990.

Reg 19(2) (formerly reg 12(1A)) inserted by Act No 97 of 1988.

Reg 20 amended by SLI No 79 of 2015, reg 4 and Sch 1 item 1, by inserting table item 9, effective 2 June 2015.

Reg 20 amended by SLI No 7 of 2010, reg 3 and Sch 1 item 2, by substituting table item 4, effective 1 July 2009. Table item 4 formerly read:

Item	Provision	Circumstance
4	Paragraph (f) of item 1 of the table in subsection 170(1) Paragraph (e) of item 2 of the table in subsection 170(1) Paragraph (d) of item 3 of the table in subsection 170(1)	All of the following exist in the year of income mentioned in the item:
		(a)	there has been a transaction involving:
			(i)	a company; and
			(ii)	a shareholder or option holder of the company;
		(b)	for the purposes of section 139DF of the Act (certain shares and rights not qualifying), the predominant business of the company (whether or not stated in its constituent documents) is the acquisition, sale or holding of shares, securities or other investments (whether directly or indirectly through one or more companies, partnerships or trusts);
		(c)	section 139DF of the Act affects the tax status of employee shares, or rights to acquire employee shares, in the hands of the employee;
		(d)	the company is not a small business entity in relation to which item 2 or 3 of subsection 170(1) of the Act applies.

Reg 20 amended by SLI No 176 of 2007, reg 3 and Sch 1 item 1, by substituting "a small business entity" for "an STS taxpayer" in para (d) of table item 4, effective 27 June 2007 and applicable to assessments for the 2007-2008 income year and later income years.

Reg 20 inserted by SLI No 166 of 2006, reg 3 and Sch 1 item 1, effective 26 June 2006.

Reg 20 (formerly reg 13) omitted by SR No 289 of 2001 and renumbered by SR No 192 of 1990.

Reg 20(1) (formerly reg 13(1)) amended by SR No 416 of 1984.

Reg 21 (formerly reg 14) renumbered by SR No 192 of 1990.

Reg 22 (formerly reg 15) renumbered by SR No 192 of 1990.

Reg 23 (formerly reg 16) renumbered by SR No 192 of 1990.

Reg 24 (formerly reg 17) renumbered by SR No 192 of 1990.

Reg 25 (formerly reg 18) renumbered by SR No 192 of 1990.

Reg 26 (formerly reg 19) renumbered by SR No 192 of 1990.

Reg 27 (formerly reg 20) renumbered by SR No 192 of 1990.

Reg 28 substituted by SR No 169 of 1997 and SR No 462 of 1994, renumbered by SR No 192 of 1990, formally amended by SR No 384 of 1988 and amended by SR No 79 of 1983.

Reg 29, formerly reg 22A, renumbered by SR No 192 of 1990 and formally amended by SR No 384 of 1988.

Reg 30, formerly reg 22B, and subreg (2), (3) and (4), formerly subreg (3), (4) and (5), renumbered by SR No 192 of 1990.

Regulation formally amended by SR No 384 of 1988.

Reg 31, formerly reg 22C, renumbered by SR No 192 of 1990.

Reg 32 (formerly reg 23) renumbered by SR No 192 of 1990.

Reg 33 (formerly reg 24) renumbered, and para (a), (b) and (c) re-lettered, by SR No 192 of 1990, and amended by SR No 384 of 1988.

Reg 34 amended by SR No 176 of 1997, substituted by SR No 462 of 1994 and renumbered by SR No 192 of 1990.

Former reg 35 substituted by SR No 462 of 1994 and renumbered by SR No 192 of 1990.

Former reg 36 (formerly reg 27) renumbered by SR No 192 of 1990.

Former reg 37 (formerly reg 28) renumbered by SR No 192 of 1990.

Former reg 38 (formerly reg 29) renumbered by SR No 192 of 1990.

Reg 38(2) inserted by SR No 176 of 1997.

Former reg 39 (formerly reg 30) renumbered by SR No 192 of 1990 and formally amended by SR No 384 of 1988.

Reg 39(2) inserted by SR No 176 of 1997.

Former reg 40 (formerly reg 31) renumbered by SR No 192 of 1990.

Reg 40(2) inserted by SR No 176 of 1997.

Reg 41 (formerly reg 32) renumbered by SR No 192 of 1990.

Pt 4A repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 18, effective 1 July 2015.

Pt 4A inserted by SR No 289 of 2001.

Reg 35 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 18, effective 1 July 2015. Reg 35 formerly read:

REGULATION 35 REFERENCES TO ACT INCLUDE REFERENCES TO 1997 ACT  
35
In this Part, unless the contrary intention appears:

(a) a reference to the Act includes a reference to the Income Tax Assessment Act 1997; and

(b) a reference to these Regulations includes a reference to Regulations made under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997.

Reg 35 inserted by SR No 289 of 2001.

Reg 36 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 18, effective 1 July 2015. Reg 36 formerly read:

REGULATION 36 PREFERRED ADDRESS FOR SERVICE  
36(1)
An address in Australia used by or associated with a person is a preferred address for service of the person if:

(a) it is of one of the following kinds of address:

(i) a physical address;

(ii) a postal address;

(iii) an electronic address; and

Note 1:

An address may be both a physical address and a postal address (eg. a street address).

Note 2:

The following are examples of an electronic address:

(a) an e-mail address;

(b) a secure website that the person can access to obtain a document.

(b) the person has given it to the Commissioner as an address for the service of documents by the Commissioner under the Act or these Regulations; and

(c) the designation of the address or other circumstances indicate that the person wishes the address to be used by the Commissioner in preference to other addresses of the person, whether generally or in specific circumstances.

36(2)
The designation of an address in a form or correspondence as an 'address for service', a 'preferred address', an 'address for correspondence' or similar term satisfies paragraph (1)(c).

Reg 36 inserted by SR No 289 of 2001.

Reg 37 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 18, effective 1 July 2015. Reg 37 formerly read:

REGULATION 37 CHANGE OR WITHDRAWAL OF PREFERRED ADDRESS FOR SERVICE  
37(1)
A person may change or withdraw a preferred address for service only by giving the Commissioner notice in accordance with this regulation.

37(2)
The notice must state whether or not the former address is still effective.

37(3)
The notice must be given to the Commissioner in one of the following ways:

(a) orally, including by telephone;

(b) in writing, including electronically;

(c) any other way approved by the Commissioner in writing.

37(4)
If the person is required to maintain a preferred address for service under the Act or these Regulations, the person may withdraw a preferred address for service only if another effective preferred address for service that is a postal address remains.

37(5)
If the person is required to maintain a preferred address for service under the Act or these Regulations, and a preferred address for service becomes ineffective, the person must change or withdraw the ineffective address within 28 days.

Reg 37 inserted by SR No 289 of 2001.

Reg 37A repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 18, effective 1 July 2015. Reg 37A formerly read:

REGULATION 37A REQUIREMENT TO MAINTAIN A PREFERRED ADDRESS FOR SERVICE  
37A
If a person is required to give the Commissioner a preferred address for service for a purpose (for example, by the approved form for a return), the person must subsequently maintain a preferred address for service for the purpose.

Reg 37A inserted by SR No 289 of 2001.

Reg 38 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 18, effective 1 July 2015. Reg 38 formerly read:

REGULATION 38 SUBSTITUTE PREFERRED ADDRESS FOR SERVICE  
38(1)
This regulation applies if:

(a) a person has not given the Commissioner a preferred address for service; or

(b) the Commissioner is satisfied that none of a person's preferred addresses for service is effective.

38(2)
If the Commissioner has a record of another address relating to the person (whether or not a physical address), and it appears to the Commissioner that it is likely that the address is effective, the Commissioner may treat that address as the person's preferred address for service for all purposes under the Act and these Regulations.

Reg 38 inserted by SR No 289 of 2001.

Reg 39 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 18, effective 1 July 2015. Reg 39 formerly read:

REGULATION 39 FAILURE TO NOTIFY CHANGE OF ADDRESS  
39
A person whose preferred address for service is no longer effective, and who has not changed or withdrawn the address under regulation 37, may not plead the fact that the address was not effective as a defence in any proceedings instituted against the person under the Act or these Regulations.

Reg 39 inserted by SR No 289 of 2001.

Reg 40 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 18, effective 1 July 2015. Reg 40 formerly read:

REGULATION 40 SERVICE OF DOCUMENTS  
40(1)
The Commissioner may serve a document on a person for the purposes of the Act and these Regulations by:

(a) if the person has given a preferred address for service that is a physical address - leaving a copy of the document at that address; or

(b) if the person has given a preferred address for service that is a postal address - posting a copy of the document to that address; or

(c) if the person has given a preferred address for service that is an electronic address - delivering an electronic copy of the document to that address.

40(2)
This regulation also applies to the service of a notice:

(a) for the purposes of section 451 of the Act - by an attributable taxpayer upon a company that is a CFC within the meaning of Part X; and

(b) for the purposes of section 452 of the Act - by a company that is a CFC within the meaning of that Part upon a partnership;

in the same way as it applies to the Commissioner serving a document on a person.

40(3)
This regulation does not affect the operation of any other law of the Commonwealth, or any law of a State or Territory, that deals with the service of documents.

Note

For an example of another law that deals with the service of documents, see sections 28A and 29 of the Acts Interpretation Act 1901.

Reg 40 inserted by SR No 289 of 2001.

Pt 5A repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007.

Pt 5A inserted by SR No 461 of 1994.

Div 1 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007.

Reg 46 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 46 formerly read:

REGULATION 46 INTRODUCTORY  
46
Divisions 2 and 3 of this Part are made, under section 140ZE of the Act, for transitional purposes only.

Reg 46 inserted by SR No 461 of 1994.

Reg 47 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 47 formerly read:

REGULATION 47 INTERPRETATION  
47(1)
In this Part, unless the contrary intention appears:

"HAS"
, in relation to a person, subject to regulation 49, means the highest average annual salary of the person over any 3 consecutive financial years (including a financial year in which the person did not earn salary for the whole of the year) before the 1994-1995 financial year;

"HAS-based lump sum RBL"
, in relation to a person, means the amount worked out by multiplying the amount of the person's HAS by the amount of the person's lump sum reasonable benefit multiple;

"HAS-based pension RBL"
, in relation to a person, means the amount worked out by multiplying the amount of the person's HAS by the amount of the person's pension reasonable benefit multiple;

"lump sum reasonable benefit multiple"
, in relation to a person who is applying for a transitional RBL, subject to subregulation (2), means:

(a) if the eligible service period in relation to the ETP, pension or annuity commenced on or after 1 July 1990 - the number obtained by dividing the sumof:

(i) 7 times $46,640 or, if the person's HAS is less than $46,640, 7 times the person's HAS; and

(ii) 5 times the part (if any) of the person's HAS that exceeds $46,640 but does not exceed $86,610; and

(iii) 3 times the part (if any) of the person's HAS that exceeds $86,610;

by the person's HAS; or

(b) in any other case - the number worked out using the formula:

(OLD SP × OLD RBM) + (NEW SP × NEW RBM)

where:

" OLD SP " means the number worked out by dividing the number of days in the relevant eligible service period that occurred before 1 July 1990 by the total number of days in the relevant eligible service period; and

" OLD RBM " means the multiple applicable to the benefit under Schedule 2A; and

" NEW SP " means the number worked out by dividing the number of days in the relevant eligible service period that occurred on or after 1 July 1990 by the total number of days in the relevant eligible service period; and

" NEW RBM " means the number that would be the person's lump sum reasonable benefit multiple if the relevant eligible service period had commenced on or after 1 July 1990;

"net business income"
, in relation to a business the gross income of which in respect of a financial year exceeds all deductions for that year with respect to the business that are allowable deductions for the purposes of the Act (other than any deductions allowable under section 82AAC or 82AAT, or Division 16C of Part III, of the Act), means the amount of that excess;

"net business losses"
, in relation to a business where all deductions for the financial year commencing on 1 July 1990 or a later financial year with respect to the business that are allowable deductions for the purposes of the Act (other than any deductions allowable under section 82AAC or 82AAT, or Division 16C of Part III, of the Act) exceed the gross income of the business in respect of that year, means the amount of that excess;

"pension reasonable benefit multiple"
, in relation to a person who is applying for a transitional RBL, subject to subregulation (2), means:

(a) if the eligible service period in relation to the benefit commenced on or after 1 July 1990 - the number worked out using the formula:

M   HAS

× 15

where:

" M " means the sum of:

(i) 0.75 times $46,640 or, if the person's HAS is less than $46,640, 0.75 times the person's HAS; and

(ii) 0.55 times the part (if any) of the person's HAS that exceeds $46,640 but does not exceed $86,610; and

(iii) 0.35 times the part (if any) of the person's HAS that exceeds $86,610; or

(b) in any other case - the number worked out using the formula:

(OLD SP × OLD RBM) + (NEW SP × NEW RBM)

where:

" OLD SP " means the number worked out by dividing the number of days in the relevant eligible service period that occurred before 1 July 1990 by the total number of days in the relevant eligible service period; and

" OLD RBM " means the multiple applicable to the benefit under Schedule 2A; and

" NEW SP " means the number worked out by dividing the number of days in the relevant eligible service period that occurred on or after 1 July 1990 by the total number of days in the relevant eligible service period; and

" NEW RBM " means the number that would be the person's pension reasonable benefit multiple if the relevant eligible service period commenced on or after 1 July 1990;

" salary ", subject to subregulations (3) and (4), means salary, wages, commissions, bonuses, fees, allowances or gratuities paid to a person during a financial year, and includes:

(a) subject to paragraph (k), other earnings; and

(b) the amount that would be the value of a benefit to which section 57, 57A or 58 of the Fringe Benefits Tax Assessment Act 1986 applies if that benefit were not an exempt benefit; and

(c) a payment made by a company by way of remuneration to a director of the company; and

(d) in the case of a person who is an Australian citizen, or a resident of Australia - any amounts paid to the person from a source outside Australia that would fall within this definition if they had been paid from a source in Australia;

but does not include:

(e) a distribution from a trust estate; or

(f) allowances to cover expenses incurred on behalf of the person's employer or business; or

(g) any ETP; or

(h) a superannuation pension or an annuity; or

(j) a payment to which section 26AC or 26AD of the Act applies; or

(k) earnings on investments;

"vested superannuation benefits"
has the meaning given by subregulation (5).

47(2)
For the purposes of the definitions of "lump sum reasonable benefit multiple" and "pension reasonable benefit multiple", if a person has more than 1 benefit entitlement, the person's relevant eligible service period for transitional RBL purposes is taken to have started on the earliest date of the longest eligible service period in relation to the person's benefit entitlements.

47(3)
For the purposes of the definition of "salary" in subregulation (1):

(a) amounts to which paragraph (d) of that definition applies are to be converted into Australian currency at the rate that is the average of the exchange rates for the currency in which the foreign source amounts were paid at the start, and at the end, of the financial year in which the amounts were paid; and

(b) if a person carries on a business (either alone or in partnership with another person):

(i) the person's salary is to be increased by the person's share of the net business income; or

(ii) the person's salary is to be decreased by the person's share of the net business losses; and

(c) if:

(i) a person is an associate of the person's employer; and

(ii) the person's salary is greater or lesser than the amount (in this paragraph called the "arm's length salary" ) that would, in the opinion of the Commissioner, acting in accordance with subregulation (4), be the person's salary if the person had not been an associate of the employer;

the person's salary for the purposes of this Part is taken to be the arm's length salary.

47(4)
In determining the arm's length salary under subregulation (3), the Commissioner is to have regard to:

(a) the nature of the work performed; and

(b) the hours worked; and

(c) the salary that would be payable to a person who is not an associate of the employer for performing similar work for similar hours; and

(d) any other relevant matters.

47(5)
Subject to subregulation (6), the amount of vested superannuation benefits in relation to a person is the sum of:

Lump sum benefit in a superannuation fund or an ADF

(a) if the person has a benefit entitlement, in the form of a lump sum, in a superannuation fund or an ADF - the greatest of the following amounts:

(i) the RBL amount (worked out under section 140ZH of the Act) of the person's accumulated benefit on 30 June 1994;

(ii) the RBL amount (worked out under that section) of the benefit payable to the person if he or she resigned on 30 June 1994;

(iii) the RBL amount (worked out under that section) of the benefit payable to the person if he or she became redundant on that date;

Deferred annuity held by a life assurance company or registered organisation

(b) if the person hasa benefit entitlement, in the form of a deferred annuity, in a life assurance company or a registered organisation - the RBL amount (calculated under section 140ZI of the Act) of the benefit payable to the person if he or she commuted the entitlement on 30 June 1994;

Lump sum benefit payable under a contract of employment

(c) if the person has a benefit entitlement, in the form of a lump sum, payable under a contract of employment - the greater of the following amounts:

(i) the RBL amount (worked out under section 140ZJ of the Act) of the benefit payable to the person under the contract if he or she resigned on 30 June 1994;

(ii) the RBL amount (worked out under that section) of the benefit payable to the person under the contract if he or she became redundant on that date;

Pension benefit in a superannuation fund

(d) if the person has a benefit entitlement, in the form of a pension that has not become payable, in a superannuation fund - the greatest of the following amounts:

(i) the RBL amount (worked out under section 140ZK of the Act) of the amount of the person's accumulated benefit on 30 June 1994;

(ii) the RBL amount (worked out under that section) of the capital value of the benefit payable to the person if he or she resigned on 30 June 1994;

(iii) the RBL amount (worked out under that section) of the capital value of the benefit payable to the person if he or she became redundant on that date.

47(6)
For the purposes of subregulation (5), there must be added to an amount worked out in accordance with that subregulation in relation to a person the sum of adjusted RBL amounts of previous benefits in relation to the person, where that sum is worked out:

(a) in accordance with subsection 140ZA(4) of the Act; and

(b) on the basis that, in using the formula in the subsection to work out the portion, the "second-last quarter" in the formula is the quarter ending on 30 June 1994; and

(c) on the basis that subsection 140ZA(5) of the Act does not apply.

47(7)
Unless the contrary intention appears, a term defined in section 140C of the Act and not defined in this regulation has the same meaning in this Part as it has, under that section, in Division 14 of Part III of the Act.

Reg 47 inserted by SR No 461 of 1994.

Reg 48 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 48 formerly read:

REGULATION 48 RULES FOR WORKING OUT ETPS FOR TRANSITIONAL RBL PURPOSES  
48
Where a person has a benefit entitlement that is to be taken into account for transitional RBL purposes, the following rules apply in working out the person's transitional RBL:

(a) if the benefit is in a superannuation fund or an ADF in the form of a lump sum - the payment of the lump sum to which the person would be entitled if he or she ceased on 30 June 1994 to be a member of the superannuation fund or ADF is taken to be the retained amount of an ETP;

(b) if the benefit is in a superannuation fund in the form of a pension - the entitlement to the pension that would accrue to the person if he or she ceased on 30 June 1994 to be a member of the fund is taken to commence on 1 July 1994;

(c) if the benefit is a deferred annuity in a life assurance company or a registered organisation - the lump sum to which the person would be entitled if he or she commuted the annuity entitlement on 30 June 1994 is taken to be the retained amount of an ETP;

(d) if the benefit is a lump sum payable under a contract of employment - the lump sum to which the person would be entitled if the employment terminated on 30 June 1994 is taken to be the retained amount of an ETP that is paid after 30 June 1994.

Reg 48 inserted by SR No 461 of 1994.

Reg 49 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 49 formerly read:

REGULATION 49 SPECIAL RULES RELATING TO HAS  
49(1)
For the purposes of the definition of ``HAS'' in subregulation 47(1), where a person has earned salary but not during 3 consecutive financial years, that definition applies to:

(a) if the person has earned salary for at least 2 full consecutive financial years - the person's average salary for those 2 years; or

(b) if the person has earned salary for at least one full financial year but less than 2 full consecutive financial years - the person's salary for that financial year; or

(c) in any other case - the person's final annualised salary.

49(2)
Subject to this regulation, if the period of a person's HAS does not include the financial year 1993-1994:

(a) the HAS is multiplied by the index number for the quarter ending on 30 June 1994; and

(b) the product of that multiplication is divided by the index number for the last quarter in the period of the person's HAS.

49(3)
Subregulation (2) does not apply to a person in relation to a benefit if that subregulation would result in a reduction of the person's HAS.

49(4)
Where an amount worked out under subregulation (2) is not a multiple of $10, it is to be increased to the nearest multiple of $10.

Reg 49 inserted by SR No 461 of 1994.

Div 2 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007.

Reg 50 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 50 formerly read:

REGULATION 50 INTRODUCTORY  
50
This Division applies subject to Division 1.

NOTE: In particular, provisions in this Division concerning the amount of a person's transitional RBL must be read subject to any applicable provision of regulations 47 to 49.

Reg 50 inserted by SR No 461 of 1994.

Reg 51 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 51 formerly read:

REGULATION 51 COMMISSIONER MAY DETERMINE RBLs AT HIGHER AMOUNT  
51(1)
The Commissioner may determine that, because of special circumstances, a person's transitional lump sum RBL, or transitional pension RBL, is to be an amount that is higher than it would be under another provision of this Part.

51(2)
In making a determination under subregulation (1), the Commissioner must have regard:

(a) to the special circumstances of the person; and

(b) to any other relevant matter that comes to the notice of the Commissioner.

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Reg 51(1) inserted by SR No 461 of 1994.

Reg 51 substituted by SR No 80 of 1999.

Reg 52 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 52 formerly read:

REGULATION 52 RBLs - PERSONS AGED UNDER 45 ON 1 JULY 1994  
52(1)
In this regulation, ``eligible person'' means a person born after 1 July 1949.

52(2)
An eligible person has a transitional lump sum RBL if:

(a) the amount of the person's vested superannuation benefits as at 30 June 1994 exceeds $400,000; and

(b) the amount of the person's HAS-based lump sum RBL exceeds $400,000.

52(3)
Subject to regulation 53B, if a person has a transitional lump sum RBL under subregulation (2), the amount of that RBL is the lesser of:

(a) the amount of the person's vested superannuation benefits as at 30 June 1994; and

(b) the amount of the person's HAS-based lump sum RBL.

52(4)
An eligible person has a transitional pension RBL if:

(a) the amount of the person's vested superannuation benefits as at 30 June 1994 exceeds $800,000; and

(b) the amount of the person's HAS-based pension RBL exceeds $800,000.

52(5)
Subject to regulation 53B, if a person has a transitional pension RBL under subregulation (4), the amount of that RBL is the lesser of:

(a) the amount of the person's vested superannuation benefits as at 30 June 1994; and

(b) the amount of the person's HAS-based pension RBL.

Reg 52 inserted by SR No 461 of 1994.

Reg 53 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53 formerly read:

REGULATION 53 RBLs - PERSONS AGED AT LEAST 45, BUT UNDER 50, ON 1 JULY 1994  
53(1)
In this regulation, "eligible person" means a person born:

(a) after 1 July 1944; and

(b) on or before 1 July 1949.

53(2)
An eligible person has a transitional lump sum RBL if:

(a) the amount of the person's HAS-based lump sum RBL exceeds $400,000; and

(b) an amount exceeding $400,000 is obtained by adding:

(i) the amount of the person's vested superannuation benefit; and

(ii) the amount calculated in accordance with the following formula:

(	HAS-based lump sum RBL	−	vested superannuation benefit	)	×   N
1826

where N is the number of days by which the person's age on 1 July 1994 exceeds the person's age on his or her 45th birthday.

Note: The number "1826" in the formula is the number of days in the period commencing on 1 July 1944 and ending on 30 June 1949.

53(3)
Subject to regulation 53B, if an eligible person has a transitional lump sum RBL under subregulation (2), the amount of that RBL is the lesser of:

(a) the amount worked out, in relation to the person, under paragraph (2)(b); and

(b) the person's HAS-based lump sum RBL.

53(4)
An eligible person has a transitional pension RBL if:

(a) the amount of the person's HAS-based pension RBL exceeds $800,000; and

(b) an amount exceeding $800,000 is obtained by adding:

(i) the amount of the person's vested superannuation benefit; and

(ii) the amount calculated in accordance with the following formula:

(	HAS-based pension RBL	−	vested superannuation benefit	)	×   N
1826

where N is the number of days by which the person's age on 1 July 1994 exceeds the person's age on his or her 45th birthday.

Note: The number "1826" in the formula is the number of days in the period commencing on 1 July 1944 and ending on 30 June 1949.

53(5)
Subject to regulation 53B, if an eligible person has a transitional pension RBL under subregulation (4), the amount of that RBL is the lesser of:

(a) the amount worked out, in relation to the person, under paragraph (4)(b); and

(b) the person's HAS-based pension RBL.

Reg 53 inserted by SR No 461 of 1994.

Reg 53A repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53A formerly read:

REGULATION 53A RBLs - PERSONS AGED AT LEAST 50 ON 1 JULY 1994  
53A(1)
In this regulation, ``eligible person'' means a person born on or before 1 July 1944.

53A(2)
An eligible person has a transitional lump sum RBL if the amount of the person's HAS-based lump sum RBL exceeds $400,000.

53A(3)
Subject to regulation 53B, if an eligible person has a transitional lump sum RBL under subregulation (2), the amount of that RBL is the amount of the person's HAS-based lump sum RBL.

53A(4)
An eligible person has a transitional pension RBL if the amount of the person's HAS-based pension RBL exceeds $800,000.

53A(5)
Subject to regulation 53B, if an eligible person has a transitional pension RBL under subregulation (4), the amount of that RBL is the amount of the person's HAS-based pension RBL.

Reg 53A inserted by SR No 461 of 1994.

Reg 53B repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53B formerly read:

REGULATION 53B AMOUNT OF TRANSITIONAL RBLs  
53B(1)
If:

(a) an ETP is paid to a person on a day (the ``ETP day'' ) occurring before the person's 55th birthday; or

(b) a superannuation pension or annuity that does not meet the pension and annuity standards is paid to a person with a commencement day occurring before the person's 55th birthday;

the person's transitional lump sum RBL worked out in accordance with subregulation 52(3), 53(3) or 53A(3) is discounted by 2.5% for each whole year in the period:

(c) beginning on the birthday of the recipient immediately before the ETP day or the commencement day or, if the ETP day or the commencement day falls on the birthday of the recipient, on that birthday; and

(d) ending immediately before the day that is or will be the recipient's 55th birthday.

53B(2)
The amount of transitional lump sum RBL or transitional pension RBL that applies to a person under regulation 52, 53 or 53A (reduced, where applicable, under subregulation (1)) is:

(a) in the case of the 1994-1995 year of income - the amount of transitional lump sum RBL or transitional pension RBL; or

(b) in the case of a later year of income - the amount that, under subsection 140ZD of the Act would replace the amount of transitional lump sum RBL or transitional pension RBL, on the basis that the indexable amount for the purposes of that subsection is:

(i) the amount of transitional lump sum RBL or transitional pension RBL; or

(ii) if that amount has been previously altered in accordance with this paragraph, the amount or the latest amount (as the case requires) obtained by that alteration.

53B(3)
This regulation applies subject to regulations 53C and 53D.

Reg 53B inserted by SR No 461 of 1994.

Reg 53C repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53C formerly read:

REGULATION 53C REASONABLE BENEFIT LIMIT WHERE AMOUNT IN ADF, LIFE ASSURANCE COMPANY OR REGISTERED ORGANISATION  
53C(1)
Where:

(a) the Commissioner is to make a determination under section 140R or 140T of the Act in relation to a benefit paid, or commencing to be paid, to the person; and

(b) on 15 February 1990 an amount was held in relation to the person by:

(i) an ADF, other than a continuously non-complying ADF, in respect of an amount deposited with the ADF on or before that date; or

(ii) a life assurance company or a registered organisation in respect of a rolled-over amount deposited with the company or organisation on or before that date;

the amount of the person's transitional lump sum RBL or transitional pension RBL is the greater of:

(c) the amount of the person's transitional lump sum RBL or transitional pension RBL, worked out in accordance with subregulation 53B(2);

and:

(d) subject to subregulations (2) and (3), if the person was at least 50 years old on 15 February 1990 - the sum of:

(i) the aggregate of the rolled-over amounts held in ADFs, life assurance companies or registered organisations on behalf of the person on that day; and

(ii) the amount of earnings that have accrued after that day on those amounts while held in those funds, companies or organisations or in:

(A) other ADFs, life assurance companies or registered organisations; or

(B) superannuation funds; and

(iii) the amount of earnings on the amount referred to in subparagraph (ii); or

(e) in any other case - the aggregate of the rolled-over amounts held in ADFs, life assurance companies or registered organisations on behalf of the person on that day.

53C(2)
For the purposes of subparagraph (1)(d)(ii), earnings are to be taken to accrue on amounts rolled-over to a superannuation fund and used to provide defined benefits at the rate of 10% annually.

53C(3)
For the purposes of applying paragraph (1)(d) to a person, where:

(a) after 15 February 1990, an amount is paid out of a superannuation fund, an ADF, life assurance company or registered organisation in respect of the person; and

(b) after that day the person rolled-over an amount to the fund, company or organisation (not being an amount that was held in another ADF, life assurance company or registered organisation on behalf of the person on that day);

the amount referred to in paragraph (a) is taken to be applied first in reduction of the amount referred to in paragraph (b), and any earnings attributable to that amount, before being applied in reduction of the amount that was held in the fund, company or organisation on that day.

Reg 53C inserted by SR No 461 of 1994.

Reg 53D repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53D formerly read:

REGULATION 53D REASONABLE BENEFIT LIMIT WHERE RECIPIENT MEMBER OF CERTAIN FUND ON 15 AUGUST 1989  
53D
Where:

(a) the Commissioner is to make a determination under section 140R or 140T of the Act in relation to a superannuation pension that:

(i) has commenced to be paid to a person; and

(ii) is payable under rules that meet the pension and annuity standards; and

(b) the pension is payable by a superannuation fund of which the person was a member on l5 August 1989;

the amount of the person's transitional lump sum RBL or transitional pension RBL is the greater of:

(c) the amount of the person's transitional lump sum RBL or transitional pension RBL, worked out in accordance with subregulation 53B(2);

and:

(d) the capital value of the pension under the governing rules of the fund as at l5 August 1989.

Reg 53D inserted by SR No 461 of 1994.

Div 3 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007.

Div 3 heading substituted by SR No 80 of 1999.

Reg 53E repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53E formerly read:

REGULATION 53E REGISTRATION OF TRANSITIONAL RBLs  
53E(1)
A person who, under regulation 52, 53 or 53A is an eligible person, must register a transitional RBL with the Commissioner:

(a) not later than 31 December 1996; or

(b) if the Commissioner grants an application for registration by a later date, by that date.

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Reg 53E(1)amended by SR No 80 of 1999.

53E(2)
A person mentioned in subregulation (1) who wants to register by a later date ( the applicant ) must apply to the Commissioner in writing and must include with the application the reasons for needing a later registration date.

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Reg 53E(2) inserted by SR No 80 of 1999.

53E(3)
If the Commissioner refuses to allow registration at a later date, the Commissioner must give to the applicant a written notice setting out the reasons for the refusal.

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Reg 53E(3) inserted by SR No 80 of 1999.

Reg 53E inserted by SR No 461 of 1994.

Reg 53F repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53F formerly read:

REGULATION 53F FORM OF REGISTRATION  
53F
Registration under regulation 53E must be in a form approved by the Commissioner for the purpose.

Reg 53F inserted by SR No 461 of 1994.

Reg 53FA repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53FA formerly read:

REGULATION 53FA REVIEW OF DECISIONS  
53FA(1)
This regulation applies to a decision of the Commissioner under any of the following provisions:

(a) subparagraph 47(3)(c)(ii);

(b) regulation 51;

(c) regulation 53E.

53FA(2)
A person who is dissatisfied with a decision made in relation to the person may object against the decision in the manner set out in Part IVC of the Taxation Administration Act 1953.

53FA(3)
During the 12 months from the commencement of this subregulation, the reference in subregulation (1) to subparagraph 47(3)(c)(ii), regulation 51 and regulation 53E includes a reference to that subparagraph and those regulations as in force from 1 July 1994 until the commencement of this subregulation.

Reg 53FA inserted by SR No 80 of 1999.

Div 4 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007.

Reg 53G repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53G formerly read:

REGULATION 53G INTERPRETATION  
53G
In this Division:

"SIS Regulations"
means the Superannuation Industry (Supervision) Regulations as in force from time to time.

Reg 53G inserted by SR No 461 of 1994.

Reg 53H repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53H formerly read:

REGULATION 53H PENSION VALUATION FACTOR (S 140C OF THE ACT)  
53H
For the purposes of the definition of pension valuation factor in section 140C of the Act, the factor mentioned in the definition is to be ascertained in accordance with Schedule 1B of the SIS Regulations.

Reg 53H inserted by SR No 461 of 1994.

Reg 53J repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53J formerly read:

REGULATION 53J PENSION AND ANNUITY STANDARDS (ACT S 140L)  
53J
For section 140L of the Act, the circumstances set out in the table are circumstances in which a pension or annuity is treated as meeting the pension standards mentioned in that section.

Pension or annuity	Circumstances
Annuity	The annuity meets the standards set out in subregulation 1.05(2), (9) or (10) of the SIS Regulations.
Pension	The pension meets the standards set out in subregulation 1.06(2), (7) or (8) of the SIS Regulations, or subregulation 1.07(3A) of the Retirement Savings Accounts Regulations 1997 ( the SIS and RSA pension standards )
Superannuation pension taken to have commenced under paragraph 140M(1A)(e) of the Act	The superannuation pension mentioned in paragraph 140M(1A)(c) of the Act (that would have been paid to the original payee if there had not been a payment split) would have met the SIS and RSA pension standards
Superannuation pension taken to have commenced under paragraph 140M(1C)(g) of the Act	The superannuation pension mentioned in paragraph 140M(1C)(a) of the Act (that was paid before the payment split) met the SIS and RSA pension standards immediately before the payment split

Reg 53J amended by SR No 146 of 2004, substituted by SR No 215 of 2002, amended by SR No 313 of 1998 and inserted by SR No 461 of 1994.

Reg 53K repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53K formerly read:

REGULATION 53K PAYERS OF BENEFITS - SPECIFIED INFORMATION (ACT S 140M)  
53K
For each of the following provisions of the Act, the payer mentioned in the provision must give to the Commissioner a notice containing the information set out in Schedule 2B:

(a) subsection 140M(1);

(b) paragraph 140M(1A)(f);

(c) paragraph 140M(1C)(f).

Reg 53K substituted by SR No 215 of 2002 and inserted by SR No 461 of 1994.

Reg 53L repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53L formerly read:

REGULATION 53L PAYERS OF ETPs THAT ARE ROLLED-OVER - SPECIFIED INFORMATION (S 140Q OF THE ACT)  
53L
For the purposes of subsection 140Q(1) of the Act, the information that a payer mentioned in that section must give to the Commissioner is the information specified in Schedule 2B.

Reg 53L inserted by SR No 461 of 1994.

Reg 53M repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 4, effective 1 July 2007. Reg 53M formerly read:

REGULATION 53M INTERPRETATION OF SCHEDULES 2A AND 2B  
53M
So far as the provisions of Division 1 of Part 5A are relevant, those provisions apply:

(a) subject to clause 1 of Schedule 2A - in relation to that Schedule; and

(b) in relation to Schedule 2B.

Reg 53M inserted by SR No 461 of 1994.

Pt 6 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 19, effective 1 July 2015.

Pt 6, formerly Pt VA, renumbered by SR No 192 of 1990. Part inserted by Act No 97 of 1988.

Reg 54 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 19, effective 1 July 2015. Reg 54 formerly read:

REGULATION 54 INTERPRETATION  
54
In this Part:

"investment body"
means an investment body as defined in section 202D of the Act;

"investment reference number"
, in relation to an investment of a kind mentioned in section 202D of the Act, means the number used by the investment body in its records for the purpose of identifying the investments of investors;

"investor"
means an investor as defined in section 202D of the Act;

"phasing-in period"
means the phasing-in period mentioned in section 202DA of the Act;

"quarter"
means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October.

Reg 54, formerly reg 43A, renumbered by SR No 192 of 1990.

Regulation inserted by Act No 97 of 1988.

Reg 55 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 19, effective 1 July 2015. Reg 55 formerly read:

REGULATION 55 FILE NUMBER REPORTS  
55(1)
Each person who is an investment body in relation to any investments mentioned in section 202D of the Act in connection with which an investor's tax file number is quoted under Part VA of the Act, or ABN is quoted under section 12-155 of Schedule 1 to the Taxation Administration Act 1953, during a particular reporting period shall give to the Commissioner in a form approved by the Commissioner a written report of all such investments.

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Reg 55(1) amended by SR No 72 of 2000.

Reg 55(1) amended by SR No 240 of 1991.

55(2)
Subregulation (1) does not apply to an investment body in relation to a reporting period in respect of which:

(a) there is in force an agreement between the investment body and the Commonwealth relating to the reporting of tax file numbers or ABNs; and

(b) the investment body has complied with the provisions of the agreement.

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Reg 55(2)(a) amended by SR No 72 of 2000.

55(3)
Subregulation (1) does not apply to a reporting period that ended before the beginning of the phasing-in period.

55(4)
The report shall be given to the Commissioner within one month after the end of the reporting period to which it relates, or within such further time as the Commissioner, by written notice given to the investment body, allows.

55(5)
The report shall state, in relation to each investment referred to in subregulation (1):

(a) the investor's full name and address;

(b) the investor's tax file number or ABN; and

(c) the investment reference number (if any) in relation to the investment.

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Reg 55(5)(b) amended by SR No 72 of 2000.

55(6)
In this regulation, "reporting period" means:

(a) a quarter; or

(b) in respect of an investment body to which a notice has been given under subregulation (7), the period specified in the notice.

55(7)
The Commissioner may, by notice in writing given to an investment body, inform the body that, for the purposes of this regulation, the period specified in the notice (being a period greater than 3 months) is to be the reporting period in respect of the body.

Reg 55, formerly reg 43B, and subreg (2), (3), (4), (5), (6) and (7), formerly subreg (1A), (2), (3), (4), (5) and (6), renumbered by SR No 192 of 1990.

[Note: The following history notes for the pre-1 July 1990 amendments to this Regulation reflect its former numbering.]

Reg 43B(1A) inserted by SR No 151 of 1990.

Reg 43B inserted by Act No 97 of 1988.

Reg 56 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 19, effective 1 July 2015. Reg 56 formerly read:

REGULATION 56 ANNUAL INVESTMENT INCOME REPORTS  
56(1)
A person who at any time during a financial year is an investment body that accepted any investments mentioned in section 202D of the Act must give to the Commissioner a written report relating to those investments in the following form:

(a) for a report in respect of a financial year beginning on or before 1 July 2008 - a form approved by the Commissioner;

(b) for a report in respect of a financial year beginning on or after 1 July 2009 - the approved form.

Note:

For the meaning of approved form , see subsection 6(1) of the Act and section 388-50 of Schedule 1 to the Taxation Administration Act 1953.

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Reg 56(1) substituted by SLI No 30 of 2009, reg 3 and Sch 1 item 1, effective 1 October 2010. Reg 56(1) formerly read:

56(1)
A person who at any time during a financial year is an investment body that accepted any investments mentioned in section 202D of the Act must give to the Commissioner in a form approved by the Commissioner a written report relating to those investments.

Reg 56(1) substituted by SR No 240 of 1991.

56(2)
Subregulation (1) does not apply to a financial year that ended at or before the end of the phasing-in period.

56(3)
The report shall be given to the Commissioner within 4 months after the end of the financial year to which it relates, or within such further time as the Commissioner, by written notice given to the investment body, allows.

56(4)
Subject to subregulation (4A), the report must state, in relation to each investment, in respect of the financial year:

(a) the full name of:

(i) the investor; or

(ii) each of 2 investors; or

(iii) 2 of 3 or more investors;

as the case requires; and

(b) the address of:

(i) the investor; or

(ii) 1 of 2 or more investors;

as the case requires; and

(c) where there were more than 2 investors - that fact; and

(d) the tax file number (if any) quoted, for the purpose of Part VA of the Act, or the ABN (if any) quoted under section 12-155 of Schedule 1 to the Taxation Administration Act 1953, by:

(i) the investor; or

(ii) each of 2 investors; or

(iii) 2 of 3 or more investors;

as the case requires; and

(e) where an investor is to be taken to have quoted his or her tax file number because of the application of a provision of Division 5 of that Part - the code approved by the Commissioner; and

(f) unless paragraph (fa) applies - the total amount of income paid by the investment body; and

(fa) if income is paid under an eligible deferred interest investment entered into on or after 1 February 1992:

(i) so much of the payment as is a periodic interest payment within the meaning of Division 16E of Part III of the Act; and

(ii) if the income became payable at the end of the term of the investment - so much of the amount of the payment as does not exceed the amount that would have been included in the investor's assessable income for the year of income in which the term ended if section 159GQ and paragraph 159GR(2)(c) of the Act applied to the investor; and

(iii) any amount that is taken under section 159GQ of the Act to be included in the investor's assessable income for the year of income, excluding any amount of that kind for the year of income in which the end of the term of the investment occurred; and

(g) the total amount of:

(i) (Repealed by SLI No 216 of 2006)

(ii) any amounts withheld under sections 12-140 and 12-145 of Schedule 1 to the Taxation Administration Act 1953; and

(iii) any payments made under Division 14 of Schedule 1 to that Act because of the operation of sections 12-140 and 12-145; and

(ga) the amount of any TFN withholding tax paid by the investment body; and

(h) where the investment body has paid an amount of income to a non-resident:

(i) the overseas address of the non-resident; and

(ii) the overseas address code applicable to that address, being one of the codes specified by the Commissioner; and

(iii) the total of any amount withheld under Subdivision 12-F of Schedule 1 to the Taxation Administration Act 1953 and any payment made under Division 14 of that Schedule because of the operation of Subdivision 12-F; and

(iv) the total of any amounts withheld from fund payments under Subdivision 12-H of Schedule 1 of the Taxation Administration Act 1953; and

(j) the investment reference number (if any).

Archived:

Reg 56(4)(g)(i) repealed as inoperative and reg 56(4)(h)(iii) substituted by SLI No 216 of 2006, reg 3 and Sch 1 items 4 and 5, effective 14 September 2006. For former wording see the CCH Australian Income Tax Legislation archive.

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S 56(4) amended by SLI No 141 of 2008, reg 3 and Sch 1 item 1, by inserting para (h)(iv), applicable to amounts withheld from fund payments made in relation to the first income year starting on or after the first 1 July after 23 June 2008, and later income years.

Reg 56(4) amended by SR No 72 of 2000, SR No 449 of 1992 and 240 of 1991.

56(4A)
In relation to each secondary investment to which section 202DDB of the Act applies, the report must state in respect of the financial year:

(a) the full name of the interposed entity; and

(b) the full name of each of the primary investors identified in the descriptive title of the investment in accordance with regulation 56A; and

(c) the address of the interposed entity; and

(d) the tax file number (if any) quoted, or taken to have been quoted, for the purpose of Part VA of the Act, and the ABN (if any) quoted under section 12-155 of Schedule 1 to the Taxation Administration Act 1953, by the interposed entity; and

(e) where the interposed entity is taken to have quoted the interposed entity's tax file number because of the application of a provision of Division 5 of that Part - the code approved by the Commissioner; and

(f) the total amount of income paid by the secondary investment body, excluding any amount that is taken to be included in the income of an investor under section 159GQ or paragraph 159GR(2)(c) of the Act; and

(fa) in respect of an investment entered into on or after 1 February 1992 - the total amount that is taken to be included in the income of the investor, or each of the investors, under section 159GQ of the Act excluding income that has already been included in a report under this subregulation; and

(fb) in respect of an investment entered into on or after 1 February 1992 - any amount that is taken to be included in the income of an investor under paragraph 159GR(2)(c) of the Act; and

(g) the total amount of:

(i) (Repealed by SLI No 216 of 2006)

(ii) any amounts withheld under section 12-140 or 12-145 of Schedule 1 to the Taxation Administration Act 1953; and

(iii) any payments made under Division 14 of Schedule 1 to that Act because of the operation of sections 12-140 and 12-145; and

(ga) the amount of any TFN withholding tax paid by the investment body; and

(h) the investment reference number (if any).

Archived:

Reg 56(4A)(g)(i) repealed as inoperative by SLI No 216 of 2006, reg 3 and Sch 1 item 6, effective 14 September 2006. For former wording see the CCH Australian Income Tax Legislation archive.

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Reg 56(4A) amended by SR No 72 of 2000 and SR No 449 of 1992.

Reg 56(4A), (5), (5A) and (5B) substituted for former reg 56(5) by SR No 240 of 1991.

56(5)
Subject to subregulation (5B), subregulation (1) does not apply to an investment in relation to a financial year if the total amount of income paid on the investment is less than $1.

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Reg 56(5) substituted by SR No 289 of 2001.

Reg 56(4A), (5), (5A) and (5B) substituted for former reg 56(5) by SR No 240 of 1991.

56(5A)
Subject to subregulation (5B), subregulation (1) does not apply to a person who at any time during a financial year is an investment body that accepted an investment if the total number of the investments that the person accepted during the financial year is less than 10.

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Reg 56(4A), (5), (5A) and (5B) substituted for former reg 56(5) by SR No 240 of 1991.

56(5B)
Subregulation (1) applies to an investment in relation to a financial year if a person who at any time in the financial year is the investment body that accepted the investment is required:

(a) to withhold under section 12-140 or 12-145 of Schedule 1 to the Taxation Administration Act 1953, an amount from any income that an investor is entitled to receive in the financial year in respect of the investment; or

(b) to pay an amount to the Commissioner under Division 14 of Schedule 1 to that Act because of the operation of those sections.

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Reg 56(5B)(a) amended by SLI No 216 of 2006, reg 3 and Sch 1 item 7, by amending references to repealed inoperative provisions, effective 14 September 2006.

Reg 56(5B) substituted by No 72 of 2000.

Reg 56(4A), (5), (5A) and (5B) substituted for former reg 56(5) by SR No 240 of 1991.

56(5C)
For the purposes of paragraph (4)(fa), any accounting period, other than a year of income, that is adopted in relation to the income is to be ignored.

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Reg 56(5C) inserted by SR No 449 of 1992.

56(6)
For the purposes of paragraphs (4)(f) and (h), (4A)(f) and subregulation (5):

(a) where income is not actually paid to a person but is reinvested, accumulated, capitalised or otherwise dealt with on behalf of the person, or as the person directs, the income shall be taken to be paid to the person when it is so reinvested, accumulated, capitalised or otherwise dealt with;

(b) where a person becomes presently entitled, as an investor in relation to an investment of the kind mentioned in item 5 in the table in subsection 202D(1) of the Act, to a share of income in respect of the investment, that share of the income shall be taken to be paid to the person as income in respect of the investment when the person becomes so entitled;

(c) (Omitted by SR No 240 of 1991)

56(7)
(Omitted by SR No 240 of 1991)

56(8)
(Omitted by SR No 289 of 2001)

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Reg 56(8) amended by SR No 240 of 1991.

56(9)
In this regulation "investor" , in relation to an investment in relation to a financial year, means a person who was, at any time during the financial year, an investor, as defined in section 202D of the Act, in relation to the investment.

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Reg 56(9) amended by SR No 240 of 1991.

Reg 56, formerly reg 43C, renumbered by SR No 192 of 1990.

[Note: The following history notes for the pre-1 July 1990 amendments to this Regulation reflect its former numbering.]

Reg 43C(4) substituted by SR No 151 of 1990.

Reg 43C(5)(b) substituted by SR No 151 of 1990.

Reg 43C(6) amended by SR No 151 of 1990.

Reg 43C(9) inserted by SR No 151 of 1990.

Reg 43C inserted by Act No 97 of 1988.

Reg 56A repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 19, effective 1 July 2015. Reg 56A formerly read:

REGULATION 56A PARAGRAPH 202DDB(1)(b) OF THE ACT: CONDITION  
56A
For the purposes of paragraph 202DDB(1)(b) of the Act, the condition is that the secondary investment must have a descriptive title which identifies all the primary investors.

Reg 56A inserted by SR No 240 of 1991.

Reg 57 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 19, effective 1 July 2015. Reg 57 formerly read:

REGULATION 57 REVIEWABLE DECISIONS  
57
For the purposes of section 202F of the Act, the following decisions of the Commissioner, being decisions made following an application by the investment body concerned, are reviewable decisions:

(a) a decision refusing to extend, or extending, the time referred to in subregulation 55(4);

(b) a decision refusing to give, or giving, a notice under subregulation 55(7);

(c) a decision refusing to extend, or extending, the time referred to in subregulation 56(3);

(d) a decision varying or revoking a notice given under subregulation 55(4), 55(7) or 56(3).

Reg 57, formerly reg 43D, renumbered by SR No 192 of 1990.

Regulation inserted by Act No 97 of 1988.

Pt 6A repealed by SR No 37 of 2004 and inserted by SR No 240 of 1991.

Reg 57A inserted by SR No 240 of 1991.

Reg 57B inserted by SR No 240 of 1991.

Reg 57C inserted by SR No 240 of 1991.

Reg 57D inserted by SR No 240 of 1991.

Pt 7 repealed by SLI No 3 of 2011, reg 3 and Sch 1 item 1, effective 15 February 2011.

Pt 7, formerly Pt VI, renumbered by SR No 192 of 1990.

Div 2 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007.

Div 2 heading substituted by SLI No 216 of 2006, reg 3 and Sch 1 item 9, effective 14 September 2006. The heading formerly read:

Division 2 - Collection by instalments of tax on persons other than companies

Subdiv 1 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007.

Subdiv 1 omitted by SR No 72 of 2000.

Subdiv 1, formerly Subdiv AAAA, renumbered by SR No 192 of 1990. Subdivision inserted by SR No 126 of 1990.

Reg 69, formerly reg 54AA, renumbered by SR No 192 of 1990.

Regulation inserted by SR No 126 of 1990.

Subdiv 2 omitted by SR No 72 of 2000.

Subdiv 2, formerly Subdiv A, renumbered by SR No 192 of 1990.

Subdiv 3 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007.

Subdiv 3 heading substituted by SR No 14 of 1998.

Subdiv 3, formerly Subdiv AAA, renumbered by SR No 192 of 1990. Subdivision inserted by SR No 172 of 1984.

Reg 97 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 97 formerly read:

REGULATION 97 DEFINITIONS FOR SUBDIVISIONS 3 AND 3A  
97(1)
Expressions used in this Subdivision or Subdivision 3A that are used in Subdivision AAA and AAB of Division 17 of Part III of the Act have, unless the contrary intention appears, the same meanings in this Subdivision and Subdivision 3A as in Subdivisions AAA and AAB of Division 17 of Part III of the Act.

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Reg 97(1) amended by SR No 72 of 2000 and SR No 14 of 1998.

97(2)
In this Subdivision and Subdivision 3A:

"15 February 1990 roll-over balance"
, for a person, means the amount mentioned in paragraph 53C(1)(d) or (e);

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Definition of "15 February 1990 roll-over balance" inserted by SR No 14 of 1998.

"applied amount"
has the meaning given by subparagraph 27D(1)(b)(ii) of the Act;

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Definition of "applied amount" inserted by SR No 14 1998.

"approved deposit fund"
has the meaning given by subsection 27A(1) of the Act;

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Definition of "approved deposit fund" inserted by SR No 14 1998.

"cash amount"
has the meaning given to "retained amount" by subsection 27AC(2) of the Act;

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Definition of "cash amount" inserted by SR No 14 1998.

"CGT exempt component"
has the meaning given by subsection 27A(1) of the Act;

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Definition of "CGT exempt component" inserted by SR No 14 1998.

"commencement day"
has the meaning given by subsection 27AAAA(6) of the Act;

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Definition of "commencement day" inserted by SR No 14 1998.

"commutation ETP"
has the meaning given by subsection 27AAAA(2) of the Act;

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Definition of "commutation ETP" inserted by SR No 14 1998.

"concessional component"
(Repealed by SR No 72 of 2000)

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Definition of "concessional component" inserted by SR No 14 1998.

"concessional component"
(Omitted by SR No 202 of 1993)

"death benefit"
is a payment of a kind mentioned in Table 1 of subsection 27AAA(2) of the Act;

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Definition of "death benefit" inserted by SR No 14 of 1998.

"dependant"
has the meaning given by paragraph (b) of the definition of "dependant" in subsection 27A(1) of the Act;

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Definition of "dependant" substituted by SR No 14 of 1998.

"eligible service period"
has the meaning given by subsection 27A(1) of the Act;

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Definition of "eligible service period" inserted by SR No 14 of 1998.

EPSSS
has the same meaning as in the SIS Regulations.

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Definition of "EPSSS" inserted by SLI No 187 of 2006, reg 3 and Sch 1 item 1, effective 18 July 2006.

"ETP"
has the meaning given to " eligible termination payment " in subsection 27A(1) of the Act;

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Definition of "ETP" inserted by SR No 14 of 1998.

"ETP group certificate"
(Repealed by SR No 72 of 2000)

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Definition of "ETP group certificate" inserted by SR No 14 of 1998.

"ETP pre-payment statement"
means a statement, given by the payer to the taxpayer, under regulation 99;

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Definition of "ETP pre-payment statement" inserted by SR No 14 of 1998.

"ETP roll-over statement"
means a statement given under regulation 99D;

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Definition of "ETP roll-over statement" inserted by SR No 14 of 1998.

"ISC-directed commutation payment"
(Omitted by SR No 56 of 1996)

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Definition of "ISC-directed commutation payment" inserted by SR No 390 of 1991.

"non-dependant"
(Repealed by SR No 72 of 2000)

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Definition of "non-dependant" inserted by SR No 56 of 1996.

"non-qualifying component"
(Repealed by SR No 72 of 2000)

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Definition of "non-qualifying component" inserted by SR No 14 of 1998.

"original underlying commutation ETP"
has the meaning given by subsection 27AAAA(5) of the Act;

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Definition of "original underlying commutation ETP" inserted by SR No 14 of 1998.

"PAYE account number"
(Repealed by SR No 72 of 2000)

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Definition of "PAYE account number" inserted by SR No 14 of 1998.

"payer"
means a person or entity who makes an ETP;

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Definition of "payer" inserted by SR No 14 of 1998.

"post-June 83 component"
, in relation to an ETP, means the amount that would be the post-June 83 component of that ETP for the purposes of paragraph (e) of subsection 27AA(1) of the Act, if:

(a) paragraph (ca) of that subsection were omitted; and

(b) the expression "− EC" (wherever occurring) were omitted from paragraph (d) of that subsection;

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Definition of "post-June 83 component" substituted by SR No 390 of 1991.

"pre-July 83 component"
, in relation to an ETP, means the amount that would be the pre-July 83 component of that ETP for the purposes of paragraph 27AA(1)(d) of the Act if the expression "− EC" (wherever occurring) were omitted from that paragraph;

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Definition of "pre-July 83 component" substituted by SR No 390 of 1991.

"prescribed non-resident"
(Repealed by SR No 72 of 2000)

"preserved benefits"
has the same meaning as in Part 6 of the SIS Regulations;

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Definition of "preserved benefits" amended by SLI No 187 of 2006, reg 3 and Sch 1 item 14, by substituting "SIS Regulations" for "Superannuation Industry (Supervision) Regulations", effective 18 July 2006.

Definition of "preserved benefits" inserted by SR No 14 of 1998.

"qualifying eligible termination payment"
has the meaning given by subsection 27A(12) of the Act;

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Definition of "qualifying eligible termination payment" inserted by SR No 14 of 1998.

"receiving fund"
means the recipient of a qualifying eligible termination payment;

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Definition of "receiving fund" inserted by SR No 14 of 1998.

receiving spouse
has the meaning given by regulation 6.46 of the SIS Regulations.

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Definition of "receiving spouse" inserted by SLI No 187 of 2006, reg 3 and Sch 1 item 2, effective 18 July 2006.

"regulated superannuation fund"
has the meaning given by section 19 of the Superannuation Industry (Supervision) Act 1993;

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Definition of "regulated superannuation fund" inserted by SR No 14 of 1998.

"restricted non-preserved benefits"
has the same meaning as in Part 6 of the SIS Regulations;

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Definition of "restricted non-preserved benefits" amended by SLI No 187 of 2006, reg 3 and Sch 1 item 14, by substituting "SIS Regulations" for "Superannuation Industry (Supervision) Regulations", effective 18 July 2006.

Definition of "restricted non-preserved benefits" inserted by SR No 14 of 1998.

"retained amount of the pre-July 83 component" and "retained amount of the post-June 83 component"
(Repealed by SR No 72 of 2000)

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Definitions of "retained amount of the pre-July 83 component" and "retained amount of the post-June 83 component" inserted by SR No 202 of 1993.

"retirement savings account provider"
has the meaning given by section 12 of the Retirement Savings Accounts Act 1997;

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Definition of "retirement savings account provider" inserted by SR No 14 of 1998.

"roll-over payment"
, in relation to an ETP, means the payment of an amount in the manner described in subsection 27A(12) of the Act;

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Definition of "roll-over payment" amended by SR No 390 of 1991.

"taxed element of the post-June 83 component"
means the extent, determined under section 27AB of the Act, to which the post-June 83 component consists of a taxed element;

"undeducted contributions"
(Omitted by SR No 202 of 1993)

"underlying commutation ETP"
hasthe meaning given by subsection 27AAAA(3) of the Act;

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Definition of "underlying commutation ETP" inserted by SR No 14 of 1998.

"unrestricted non-preserved benefits"
has the same meaning as in Part 6 of the SIS Regulations;

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Definition of "unrestricted non-preserved benefits" amended by SLI No 187 of 2006, reg 3 and Sch 1 item 14, by substituting "SIS Regulations" for "Superannuation Industry (Supervision) Regulations", effective 18 July 2006.

Definition of "unrestricted non-preserved benefits" inserted by SR No 14 of 1998.

"untaxed element of the post-June 1983 component"
(Repealed by SR No 72 of 2000)

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Reg 97(2) amended by SR No 14 of 1998.

Reg 97, formerly reg 54DAO, renumbered by SR No 192 of 1990.

[Note: The following history notes for the pre-1 July 1990 amendments to this Regulation reflect its former numbering.]

Reg 54DAO(1) substituted by SR No 126 of 1990.

Definition of "non-qualifying component" inserted by SR No 208 of 1988.

Definition of "post-June 83 component" inserted by SR No 126 of 1990.

Definition of "post 30 June 1983 component" omitted by SR No 126 of 1990.

Definition of "pre-July 83 component" inserted by SR No 126 of 1990.

Definition of "pre 1 July 1983 component" omitted by SR No 126 of 1990.

Definition of "prescribed non-resident" inserted by Act No 97 of 1988.

Definition of "roll-over payment" inserted by SR No 208 of 1988.

Definition of "taxed element of the post-June 83 component" inserted by SR No 126 of 1990.

Definition of "untaxed element of the post-June 83 component" inserted by SR No 126 of 1990.

Reg 54DAO inserted by SR No 172 of 1984.

Reg 98 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 98 formerly read:

REGULATION 98 FAMILY LAW SUPERANNUATION INTEREST SPLITS - CIRCUMSTANCES RELATING TO INTERESTS FOR NON-MEMBER SPOUSES (ACT S 27ACA ETC)  
98(1)
This Regulation is made for the purposes of the provisions of the Act set out in the table.

Item	Provision
1	subparagraph 27ACA(1)(b)(ii)
2	paragraph 27ACB(1)(a)
3	paragraph 27ACB(1A)(a)
4	subparagraph 82AAT(1AA)(a)(ii)
5	subparagraph 82AAT(1CBA)(a)(ii)
6	subparagraph 140M(1C)(d)(ii)
7	subparagraph 140ZN(3)(d)(ii)
8	subparagraph 140ZP(3)(d)(ii)

Note:

These provisions mention the creation of an interest for a non-member spouse in circumstances prescribed by regulations.

98(2)
A circumstance is that an interest in a superannuation fund, or an annuity is created for the non-member spouse in such a way that, because of Division 2.2 of the Family Law (Superannuation) Regulations 2001, a payment in respect of the interest or annuity of the member spouse, made after the interest or annuity is created, would not be a splittable payment.

Note:

Division 2.2 of the Family Law (Superannuation) Regulations 2001 sets out alternative ways in which a superannuation agreement, flag lifting agreement or splitting order made under the Family Law Act 1975 may be satisfied, otherwise than by a split of future benefits payable in respect of an interest in a superannuation fund or under an annuity.
If the agreement or order has been satisfied in one of those alternative ways, the payment of any such future benefit would not be a splittable payment.

98(3)
In this regulation:

splittable payment
has the same meaning as in Part VIIIB of the Family Law Act 1975.

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Reg 98 and 98A substituted for reg 98 by SLI No 326 of 2005.

Reg 98 inserted by SR No 215 of 2002.

Reg 98A repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 98A formerly read:

REGULATION98A FAMILY LAW SUPERANNUATION INTEREST SPLITS - CIRCUMSTANCES RELATING TO TRANSFERS OF AMOUNTS (ACT S 27ACA ETC)  
98A(1)
This regulation is made for the purposes of the provisions of the Act set out in the table.

Item	Provision
1	subparagraph 27ACA(1)(b)(ii)
2	paragraph 27ACB(1)(b)
3	paragraph 27ACB(1A)(b)
4	subparagraph 82AAT(1AA)(a)(ii)
5	subparagraph 82AAT(1CBA)(a)(ii)
6	subparagraph 140M(1C)(d)(ii)
7	subparagraph 140ZN(3)(d)(ii)
8	subparagraph 140ZP(3)(d)(ii)

Note:

These provisions mention the transfer of an interest for the benefit of a non-member spouse in circumstances prescribed by regulations.

98A(2)
A circumstance is that the amount is transferred to a superannuation fund for the benefit of the non-member spouse in such a way that, because of Division 2.2 of the Family Law (Superannuation) Regulations 2001, a payment in respect of the interest or annuity of the member spouse made after the amount is transferred, would not be a splittable payment.

Note:

Division 2.2 of the Family Law (Superannuation) Regulations 2001 sets out alternative ways in which a superannuation agreement, flag lifting agreement or splitting order made under the Family Law Act 1975 may be satisfied, otherwise than by a split of future benefits payable in respect of an interest in a superannuation fund or under an annuity.
If the agreement or order has been satisfied in one of those alternative ways, the payment of any such future benefit would not be a splittable payment.

98A(3)
In this regulation:

splittable payment
has the same meaning as in Part VIIIB of the Family Law Act 1975.

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Reg 98 and 98A substituted for reg 98 by SLI No 326 of 2005.

Reg 98B repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 98B formerly read:

REGULATION 98B SPOUSE CONTRIBUTIONS-SPLITTING AMOUNTS (ACT S 27A)  
9B(1)
An amount that is rolled over, transferred or allotted under Division 6.7 of the SIS Regulations or Division 4.5 of the RSA Regulations is a spouse contributions-splitting amount for the purpose of the definition of contributions-splitting ETP in subsection 27A(1) of the Act.

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S 98B(1) amended by SLI No 187 of 2006, reg 3 and Sch 1 item 4, by inserting "spouse" before "contributions-splitting amount", effective 18 July 2006.

98B(2)
An amount is a spouse contributions-splitting amount for the definition of contributions-splitting ETP in subsection 27A(1) of the Act if the amount:

(a) is:

(i) paid into a superannuation fund from an EPSSS; or

(ii) transferred within an EPSSS; and

(b) would be a spouse contributions-splitting amount because of subregulation (1) if:

(i) the EPSSS were a regulated superannuation fund; and

(ii) the amount had been rolled over, transferred or allotted under Division 6.7 of the SIS Regulations.

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Reg 98B(2) inserted by SLI No 187 of 2006, reg 3 and Sch 1 item 5, effective 18 July 2006.

Reg 98B inserted by SLI No 327 of 2005, reg 3 and Sch 1 item 2, effective 1 January 2006.

Reg 98B amended by SLI No 187 of 2006 and inserted by SLI No 327 of 2005.

Reg 98C repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 98C formerly read:

REGULATION 98C ELECTION TAKEN TO HAVE BEEN MADE IN RELATION TO A QUALIFYING ETP THAT IS A CONTRIBUTIONS-SPLITTING ETP (ACT S 27D)  
98C(1)
For paragraph 27D(8)(a) of the Act, an election under subsection 27D(1) of the Act is taken to have been made by a taxpayer in relation to a qualifying ETP that is a contributions-splitting ETP if the amount is designated as a spouse contributions-splitting amount by regulation 98B.

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Reg 98C(1) substituted by SLI No 187 of 2006, reg 3 and Sch 1 item 6, effective 18 July 2006. Reg 98C(1) formerly read:

98C(1)
For paragraph 27D(8)(a) of the Act, an election under subsection 27D(1) of the Act is taken to have been made by a taxpayer in relation to a qualifying ETP that is a contributions-splitting ETP if an amount is rolled over, transferred or allotted under Division 6.7 of the SIS Regulations or Division 4.5 of the RSA Regulations.

98C(2)
For paragraph 27D(8)(b) of the Act, the taxpayer is taken to have specified the following matters in an election, taken to have been made under subregulation (1), that the ETP consists only of 1 or more of the following:

(a) subject to subregulation (4) - the taxed element of a post-June 83 component;

(b) subject to subregulation (4) - undeducted contributions;

(c) subject to subregulation (4) - the untaxed element of a post-June 83 component.

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Reg 98C(2) amended by SLI No 187 of 2006, reg 3 and Sch 1 items 7 and 8, by inserting para (c), effective 18 July 2006.

98C(3)
For paragraph 27D(8)(c) of the Act, for the purpose of applying section 27D of the Act to an election taken to have been made under subregulation (1), the taxpayer mentioned in section 27D of the Act is the applicant (within the meaning of Division 6.7 of the SIS Regulations or Division 4.5 of the RSA Regulations).

98C(4)
For subregulation (2):

(a) the amount mentioned in paragraph (2)(a) must not exceed the amount of taxed splittable contributions (within the meaning of Division 6.7 of the SIS Regulations or Division 4.5 of the RSA Regulations) that:

(i) the taxpayer has applied to split under regulation 6.44 of the SIS Regulations; or

(ii) the taxpayer has applied to split under 4.41 of the RSA Regulations; or

(iii) the taxpayer has applied to have dealt with in a way that would result in the amount becoming a spouse contributions-splitting amount because of subregulation 98B(2); and

(b) the amount mentioned in paragraph (2)(b) must not exceed the amount of untaxed splittable contributions (within the meaning of Division 6.7 of the SIS Regulations or Division 4.5 of the RSA Regulations) that:

(i) the taxpayer has applied to split under regulation 6.44 of the SIS Regulations; or

(ii) the taxpayer has applied to split under 4.41 of the RSA Regulations; or

(iii) the taxpayer has applied to have dealt with in a way that would result in the amount becoming a spouse contributions-splitting amount because of subregulation 98B(2); and

(c) the amount mentioned in paragraph (2)(c) must not exceed the amount of untaxed splittable employer contributions (within the meaning of Division 6.7 of the SIS Regulations) that:

(i) the taxpayer has applied to split under regulation 6.44 of the SIS Regulations; or

(ii) the taxpayer has applied to split under 4.41 of the RSA Regulations; or

(iii) the taxpayer has applied to have dealt with in a way that would result in the amount becoming a spouse contributions-splitting amount because of subregulation 98B(2).

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Reg 98C(4) substituted by SLI No 187 of 2006, reg 3 and Sch 1 item 9, effective 18 July 2006. Reg 98C(4) formerly read:

98C(4)
For subregulation (2):

(a) the amount mentioned in paragraph (2)(a) must not exceed the amount of taxed splittable contributions (within the meaning of Division 6.7 of the SIS Regulations or Division 4.5 of the RSA Regulations) that the taxpayer has applied to split under regulation 6.44 of the SIS Regulations or regulation 4.41 of the RSA Regulations; and

(b) the amount mentioned in paragraph (2)(b) must not exceed the amount of untaxed splittable contributions (within the meaning of Division 6.7 of the SIS Regulations or Division 4.5 of the RSA Regulations) that the taxpayer has applied to split under regulation 6.44 of the SIS Regulations or regulation 4.41 of the RSA Regulations.

Reg 98C inserted by SLI No 327 of 2005, reg 3 and Sch 1 item 2, effective 1 January 2006.

Reg 98C amended by SLI No 187 of 2006 and inserted by SLI No 327 of 2005.

Reg 98D repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 98D formerly read:

SECTION 98D REGULATION 98D CONTRIBUTIONS-SPLITTING APPLICATIONS (ACT S 82AAT)  
98D
For subsections 82AAT(1BA) and (1CCA) of the Act, each of the following is designated as a contributions-splitting application :

(a) an application under regulation 6.44 of the SIS Regulations;

(b) an application under regulation 4.41 of the RSA Regulations;

(c) an application to deal with an amount in a way that would result in the amount becoming a spouse contributions-splitting amount because of subregulation 98B(2).

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Reg 98D substituted by SLI No 187 of 2006, reg 3 and Sch 1 item 10, effective 18 July 2006. Reg 98D formerly read:

98D
For subsections 82AAT(1BA) and (1CCA) of the Act, an application under regulation 6.44 of the SIS Regulations or regulation 4.41 of the RSA Regulations is a contributions-splitting application .

Reg 98D inserted by SLI No 327 of 2005, reg 3 and Sch 1 item 2, effective 1 January 2006.

Reg 98 amended by SR No 14 of 1998, SR No 141 of 1997, SR No 133 and SR No 56 of 1996, SR No 202 of 1993 and SR No 390 of 1991.

Reg 98, formerly reg 54DAP, and subreg (2), (3), (4), (5), (6), (7), (8), (9) and (10), formerly subreg (1AA), (1AB), (1AC), (1AD), (1AE), (1AF), (1A), (1B) and (2), renumbered by SR No 192 of 1990.

[Note: The following history notes for the pre-1 July 1990 amendments to this Regulation reflect its former numbering.]

Reg 54DAP(1)-(1AF) substituted for reg 54DAP(1) by SR No 126 of 1990.

Reg 54DAP(1) amended by Act No 97 of 1988, SR No 325 of 1986 and SR No 278 of 1985.

Reg 54DAP amended by SR No 141 of 1989, SR No 115 of 1989, Act No 97 of 1988, SR No 141 of 1989, SR No 126 of 1990 and inserted by SR No 172 of 1984.

Subdiv 3A repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007.

Subdiv 3A inserted by SR No 14 of 1998.

Reg 99 repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99 formerly read:

REGULATION 99 PAYER MUST GIVE TAXPAYER ETP PRE-PAYMENT STATEMENT  
99(1)
Before an ETP is made in respect of a taxpayer, the payer must give to the taxpayer or an agent of the taxpayer an ETP pre-payment statement.

Penalty: 5 penalty units.

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Reg 99(1) amended by SR No 302 of 2002.

99(1A)
An offence under subregulation (1) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code.

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Reg 99(1A) inserted by SR No 302 of 2002.

99(2)
However, the payer does not have to give the taxpayer an ETP pre-payment statement if:

(a) the payer is:

(i) a regulated superannuation fund or an approved deposit fund; and

(ii) allowed, under the Superannuation Industry (Supervision) Act 1993, to transfer or roll-over the benefit without the consent of the taxpayer; or

(b) the payer is:

(i) a retirement savings account provider; and

(ii) allowed, under the Retirement Savings Accounts Act 1997, to transfer or roll-over the benefit without the consent of the taxpayer; or

(c) the payment is a death benefit; or

(d) the payment is of a kind mentioned in paragraph (a) or (jaa) of the definition of ``eligible termination payment'' in subsection 27A(1) of the Act, and is:

(i) not more than $5000; or

(ii) a CGT exempt component; or

(e) the payer has received from the taxpayer or an agent of the taxpayer authority to make the payment and payment instructions in accordance with regulation 99E.

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Former reg 99 was omitted by SR No 14 of 1998.

Reg 99A repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99A formerly read:

REGULATION 99A CONTENTS OF ETP PRE-PAYMENT STATEMENT  
99A(1)
The payer must set out in an ETP pre-payment statement at least the following information:

(a) the name, business address and contact telephone number of the payer;

(b) the name, contact address last known to the payer, and date of birth (if known), of the taxpayer;

(c) the amount, or notional amount, of the ETP that is payable to the taxpayer;

(d) the amounts, or the notional amounts, of so much of the ETP as comprises each of the following:

(i) the preserved benefits;

(ii) the restricted non-preserved benefits;

(iii) the unrestricted non-preserved benefits;

(e) an explanation of the effect of the classification of amounts, or notional amounts, under paragraph (d) that:

(i) are available to be taken in cash (if any);

(ii) can be rolled-over (if any);

(iii) must be rolled-over (if any);

(f) the amounts, or the notional amounts, of so much of the ETP as comprises each of the following:

(i) each component mentioned in section 27AA of the Act;

(ii) each element mentioned in section 27AB of the Act;

(g) the commencement date of the eligible service period;

(h) the number of pre-July 83 days, and post-June 83 days, in the eligible service period, as calculated by the payer to the date mentioned in subregulation (3);

(i) the amount, or notional amount, of the 15 February 1990 roll-over balance (if known);

(j) the date in relation to which the information given under paragraphs (a) to (i) was, or is expected to be, correct;

(k) the date when the ETP pre-payment statement is issued.

Penalty: 5 penalty units.

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Reg 99A(1) amended by SR No 302 of 2002.

99A(1A)
An offence under subregulation (1) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code.

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Reg 99A(1A) inserted by SR No 302 of 2002.

99A(2)
If an amount referred to in subregulation (1) is nil, the payer does not have to set out that amount in the ETP pre-payment statement.

99A(3)
For subregulation (1), ``notional amount'' means an amount calculated by the payer to a particular date and may include projected figures.

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Reg 99 to 99MA substituted for former reg 99A by SR No 14 of 1998.

Reg 99A inserted by SR No 139 of 1995.

Reg 99B repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99B formerly read:

REGULATION 99B TAXPAYER TO GIVE PAYER INSTRUCTIONS  
99B(1)
The payer must also include in the ETP pre-payment statement given under regulation 99 a request that the taxpayer give payment instructions in accordance with regulation 99E to the payer within 30 days after the statement is issued or a shorter time reasonably required by the payer.

Penalty: 5 penalty units.

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Reg 99B(1) amended by SR No 302 of 2002.

99B(1A)
An offence under subregulation (1) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code.

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Reg 99B(1A) inserted by SR No 302 of 2002.

99B(2)
The ETP pre-payment statement may include a statement about how, if no instructions are received, the payer will deal with the payment.

99B(3)
For subregulation (1), a shorter time may reasonably be required if:

(a) both:

(i) the payment is of a kind mentioned in paragraph (a) of the definition of ``eligible termination payment'' in subsection 27A(1) of the Act; and

(ii) an agreement, including an employment contract or award, between the payer and the taxpayer provides that a payment should be made in a shorter time; or

(b) the payer considers it is in the taxpayer's best interests.

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Reg 99B inserted by SR No 14 of 1998.

Reg 99C repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99C formerly read:

REGULATION 99C INSTRUCTIONS TO MAKE A PAYMENT  
99C(1)
A payer who has received payment instructions in accordance with regulation 99E must comply with those instructions.

Penalty: 5 penalty units.

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Reg 99C(1) amended by SR No 302 of 2002.

99C(1A)
An offence under subregulation (1) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code.

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Reg 99C(1A) inserted by SR No 302 of 2002.

99C(2)
It is a defence to a prosecution under subregulation (1) that to comply with subregulation (1) would result in a breach by the payer of:

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

(b) the terms of any agreement between the payer and the taxpayer.

Note 1:

For paragraph 99C(2)(a), the following are examples of Commonwealth laws:

(a) Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act 1936;

(b) Part 4 of the Retirement Savings Accounts Regulations 1997;

(c) Part 6 of the Superannuation Industry (Supervision) Regulations 1924.

Note 2:

A defendant bears an evidential burden for the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code).

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Reg 99C(2) substituted by SR No 302 of 2002.

Reg 99C inserted by SR No 14 of 1998.

Reg 99D repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99D formerly read:

REGULATION 99D PAYER TO GIVE RECEIVING FUND AN ETP ROLL-OVER STATEMENT  
99D(1)
A payer must give to the receiving fund, directly or in accordance with payment instructions under regulation 99E, within 7 days after the roll-over, an ETP roll-over statement setting out at least the following information:

(a) the relevant person's name and date of birth (if known);

(b) the contact address of the relevant person last known to the payer;

(c) the relevant person's tax file number, if required or permitted under subsection 299M(2) or 299N(2) of the Superannuation Industry (Supervision) Act 1993, or subsection 138(2) of the Retirement Savings Accounts Act 1997;

(d) the name and contact telephone number of the payer;

(e) the name and address of the receiving fund;

(f) the amount paid to the receiving fund;

(g) the amounts of the preserved benefits, restricted non-preserved benefits and unrestricted non-preserved benefits in the applied amount;

(h) the commencement date of the eligible service period;

(i) the number of pre-July 83 days and post-June 83 days in the eligible service period;

(j) subject to regulation 99F, the amount of each tax component of the roll-over payment mentioned in subparagraph 27D(1)(b)(iii) of the Act;

(k) the amount of the 15 February 1990 roll-over balance (if known);

(l) whether, in accordance with regulation 99G, the applied amount relates to a pre-1 July 1994 pension or annuity;

(m) the name, telephone number and address of the relevant person's agent, if the relevant person asks that this information be included.

Penalty: 5 penalty units.

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Reg 99D(1) amended by SLI No 187 of 2006, reg 3 and Sch 1 items 11 and 12, by substituting "relevant person's" for "taxpayer's" in paras (a), (c) and (m) and substituting "relevant person" for "taxpayer" in paras (b) and (m), effective 18 July 2006.

Reg 99D(1) amended by SR No 302 of 2002.

99D(2)
It is a defence to a prosecution under subregulation (1) for a failure to set out an amount that the amount was nil.

Note:

A defendant bears an evidential burden for the matter mentioned in subregulation (2) (see section 13.3 of the Criminal Code).

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Reg 99D(2) and (3) substituted for reg 99D(2) by SR No 302 of 2002.

99D(3)
An offence under subregulation (1) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code.

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Reg 99D(2) and (3) substituted for reg 99D(2) by SR No 302 of 2002.

99D(4)
In subregulation (1):

relevant person
means:

(a) the taxpayer; or

(b) for a contributions-splitting ETP - the receiving spouse.

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Reg 99D(4) inserted by SLI No 187 of 2006, reg 3 and Sch 1 item 13, effective 18 July 2006.

Reg 99D inserted by SR No 14 of 1998.

Reg 99D amended by SLI No 187 of 2006 and SR No 302 of 2002 and inserted by SR No 14 of 1998.

Reg 99E repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99E formerly read:

REGULATION 99E PAYMENT INSTRUCTIONS  
99E
Payment instructions are in accordance with this regulation if they are sufficient to enable the payer to make an ETP, including, in particular, information sufficient:

(a) to identify the amount and destination of any roll-over payment; and

(b) to identify the amount of any cash amount; and

(c) to identify the tax components and preservation amounts of each roll-over payment and cash amount; and

(d) to indicate how any 15 February 1990 roll-over balance (if known) is to be distributed.

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Reg 99E inserted by SR No 14 of 1998.

Reg 99F repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99F formerly read:

REGULATION 99F AGGREGATED AMOUNT OF PRE-JULY 83 COMPONENT AND TAXED ELEMENT OF POST-JUNE 83 COMPONENT  
99F
For the purposes of paragraph 99D(1)(j), the pre-July 83 component and the taxed element of the post-June 83 component may be shown as an aggregated amount.

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Reg 99F substituted by SR No 72 of 2000 and inserted by SR No 14 of 1998.

Reg 99G repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99G formerly read:

REGULATION 99G APPLIED AMOUNT  
99G
For paragraph 99D(1)(l), an applied amount relates to a pre-1 July 1994 pension or annuity if the applied amount is a commutation ETP and the pension or annuity that gives rise to the commutation ETP:

(a) has a commencement day before 1 July 1994; or

(b) has 1 or more underlying commutation ETPs and, for each original underlying commutation ETP, the commencement day of the relevant pension or annuity is before 1 July 1994.

NOTE:

The circumstances in which a pension or annuity gives rise to a commutation ETP are set out in subsection 27AAAA(4) of the Act.

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Reg 99G inserted by SR No 14 of 1998.

Reg 99H repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99H formerly read:

REGULATION 99H ETP ROLL-OVER STATEMENT TO BE GIVEN TO TAXPAYER  
99H(1)
The payer must give to the taxpayer or an agent of the taxpayer a copy of the ETP roll-over statement within 30 days after the roll-over.

Penalty: 5 penalty units.

99H(2)
An offence under subregulation (1) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code.

99H(3)
It is a defence to a prosecution under subregulation (1) that paragraph 99(2)(a) or (b) applies to the payer.

Note:

A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

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Reg 99H substituted by SR No 302 of 2002 and inserted by SR No 14 of 1998.

Reg 99I repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99I formerly read:

REGULATION 99I RECORDS TO BE KEPT  
99I(1)
If instructions of the kind mentioned in paragraph 99(2)(e) or regulation 99B are given, the payer and the taxpayer must each keep a copy of the instructions for 5 years from the date when the instructions were given.

Penalty: 5 penalty units.

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Reg 99I(1) amended by SR No 302 of 2002.

99I(2)
If a payer gives an ETP roll-over statement to a receiving fund under regulation 99D, the payer and the receiving fund must each keep a copy of the statement for 5 years after the date of the roll-over.

Penalty: 5 penalty units.

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Reg 99I(2) amended by SR No 302 of 2002.

99I(3)
An offence under subregulation (1) or (2) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code.

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Reg 99I(3) inserted by SR No 302 of 2002.

99I(3)
(Omitted by SR No 72 of 2000)

99I(4)
(Omitted by SR No 72 of 2000)

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Reg 99I inserted by SR No 14 of 1998.

Reg 99J inserted by SR No 14 of 1998.

Reg 99K inserted by SR No 14 of 1998.

Reg 99L repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99L formerly read:

REGULATION 99L WHO HAS AUTHORITY TO SIGN FORMS  
99L(1)
This regulation applies if:

(a) a payer is required by this Subdivision to give a form to a person; and

(b) the form is issued to the person.

99L(2)
The payer may authorise a person in writing, in accordance with subregulation (4), to issue the form.

99L(3)
The payer commits an offence if the form is not signed and dated on the day when it is issued to the person.

Penalty: 5 penalty units.

99L(4)
An offence under subregulation (3) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code.

99L(5)
For subregulation (2), an authorisation must:

(a) state the date when the authorisation starts; and

(b) be kept for 5 years from the date when the authorisation ceases to have effect.

99L(6)
If the name of the authorised person appears on the form, the form is taken to be signed by the payer unless it is proved that the form was issued without authority.

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Reg 99L substituted by SR No 302 of 2002 and inserted by SR No 14 of 1998.

Reg 99M repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 99M formerly read:

REGULATION 99M ELECTRONIC TRANSMISSION AND STORAGE OF FORMS  
99M(1)
Any information that is required by this Subdivision to be given to a person may be transmitted electronically.

99M(2)
Any information that is required by this Subdivision to be kept may be kept electronically.

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Reg 99M inserted by SR No 14 of 1998.

Reg 100 substituted by SR No 14 of 1998, amended by SR No 390 of 1991.

Reg 100, formerly reg 54DAR, renumbered by SR No 192 of 1990.

[Note: The following history notes for the pre-1 July 1990 amendments to this Regulation reflect its former numbering.]

Reg 54DAR(3) omitted by SR No 151 of 1990.

Reg 54DAR inserted by SR No 141 of 1989.

Subdiv 3B repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007.

Reg 100A repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 100A formerly read:

REGULATION 100A INTERPRETATION  
100A
In this Subdivision:

"officer"
means an officer of the ATO.

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Reg 100A inserted by SR No 14 of 1998.

Reg 100B repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 100B formerly read:

REGULATION 100B CONTRAVENTION NOTICE  
100B
If the Commissioner has reason to believe that a person has contravened regulation 99C or 99D, or subregulation 99(1), 99A(1), 99B(1), 99H(1), 99I(1), 99I(2) or 99L(1), the Commissioner may cause a notice (a ``contravention notice'' ) to be served on the person in accordance with this Subdivision.

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Reg 100B amended by SR No 302 of 2002 and inserted by SR No 14 of 1998.

Reg 100C repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 100C formerly read:

REGULATION 100C CONTENTS OF CONTRAVENTION NOTICE  
100C(1)
A contravention notice must set out:

(a) particulars of the alleged contravention; and

(b) the penalty for the contravention; and

(c) the person to whom, the place at which, and the manner in which, the penalty may be paid; and

(d) the date of the notice and a statement that the penalty may be paid within 14 days after that date; and

(e) any other particulars the Commissioner thinks necessary.

100C(2)
For paragraph (1)(b), the penalty for the contravention is 1 penalty unit.

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Reg 100C(2) inserted by SR No 302 of 2002.

Reg 100C amended by SR No 302 of 2002 and inserted by SR No 14 of 1998.

Reg 100D repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 100D formerly read:

REGULATION 100D NOTIFICATION THAT PERSON MAY PAY PENALTY  
100D
A contravention notice must state that, if the person does not wish the matter to be dealt with by a court, the person may lodge with the Commissioner a signed statement to that effect in the manner stated in the notice and pay the penalty for the contravention.

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Reg 100D inserted by SR No 14 of 1998.

Reg 100E repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 100E formerly read:

REGULATION 100E CONTENTS OF CONTRAVENTION NOTICE - OTHER MATTERS  
100E
A contravention notice may contain any other matter that the Commissioner considers relevant.

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Reg 100E inserted by SR No 14 of 1998.

Reg 100F inserted by SR No 14 of 1998.

Reg 100G repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 100G formerly read:

REGULATION 100G NO REQUIREMENT TO SERVE CONTRAVENTION NOTICE  
100G
This Subdivision does not require the service of a contravention notice or affect the liability of a person tobe prosecuted in a court for a contravention of a provision mentioned in regulation 100B for which a contravention notice has not been served.

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Reg 100G inserted by SR No 14 of 1998.

Reg 100H repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 100H formerly read:

REGULATION 100H CONSEQUENCES OF PAYMENT OF PENALTY  
100H
If:

(a) a contravention notice has been served on a person; and

(b) before the end of the period of 14 days stated in the notice or, if the Commissioner so allows, at any time before service of a summons for the contravention, the penalty is paid under the notice; and

(c) a statement, signed by the person, to the effect that the person does not wish the matter to be dealt with by a court, is received by the person to whom the penalty is paid; and

(d) the contravention that resulted in the service of the contravention notice has ceased;

the following provisions have effect:

(e) any liability of the person for the contravention is taken to be discharged;

(f) no further proceedings are to be taken for the contravention;

(g) no conviction for the contravention is taken to have been recorded.

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Reg 100H inserted by SR No 14 of 1998.

Reg 100I repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 100I formerly read:

REGULATION 100I PAYMENT BY CHEQUE 
100I
If the penalty is paid by cheque, payment is taken not to be made unless the cheque is honoured on presentation.

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Reg 100I inserted by SR No 14 of 1998.