Corporations Regulations 2001

CHAPTER 2D - OFFICERS AND EMPLOYEES  

PART 2D.2 - RESTRICTIONS ON INDEMNITIES, INSURANCE AND TERMINATION PAYMENTS  

Division 2D.2.2 - Termination payments  

REGULATION 2D.2.01   MEANING OF BASE SALARY  

2D.2.01(1)   [ " base salary " ]  

For the definition of base salary in section 9 of the Act, the matters specified in the following table are base salary.


Item Matter
1 The components of a short-term employee benefit that:
  (a) are not dependent on the satisfaction of a performance condition; and
  (b) are specified in paragraphs (a), (c) and (d) of column 3 of item 6 in the table in subregulation 2M.3.03(1) ; and
  (c) are paid during the relevant period
2 A superannuation contribution that:
  (a) is not dependent on the satisfaction of a performance condition; and
  (b) is paid during the relevant period
3 A share-based payment that:
  (a) is not dependent on the satisfaction of a performance condition; and
  (b) is specified in column 3 of item 11 in the table in subregulation 2M.3.03(1) ; and
  (c) is paid during the relevant period
4 A liability or prospective liability to pay tax in respect of a fringe benefit taxable amount under:
  (a) the Fringe Benefits Tax Assessment Act 1986 ; or
  (b) the Fringe Benefits Tax Act 1986 ;
  that relates to the provision of a matter specified in item 1, 2 or 3

2D.2.01(2)   [ " relevant period " ]  

For subregulation (1):


(a) if a person has held an office in relation to a company:


(i) throughout a period of more than 12 months; or

(ii) throughout a number of periods of more than 12 months in total;
the relevant period for that person is the last 12 months of that period or the last 12 months of the total period; and


(b) if a person has held an office in relation to a company:


(i) throughout a period of 12 months or less; or

(ii) throughout a number of periods of 12 months or less in total;
the relevant period for that person is that period or the total period.


 

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