Taxation Laws Amendment Act 1993 (17 of 1993)

Part 3   AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936

Division 5   Amendments relating to accrued leave transfer payments

19   After section 6F of the Principal Act the following section is inserted

"6G. Accrued leave transfer payments

(Meaning of "accrued leave transfer payment")

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

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

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

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

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

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

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

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

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

(Extended meaning of "employee")

"(2) In subsection (1):

'employee' includes a person who:

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

(b) performs functions or duties; or

(c) engages in any work; or

(d) does any other acts or things;

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

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

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

(g) the engaging in of that work; or

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

as the case requires.".