OCCUPATIONAL SUPERANNUATION STANDARDS REGULATIONS 1987 (REPEALED)

PART IA - REASONABLE BENEFIT LIMITS  

Division 2 - Information and time periods  

REGULATION 4K   PERIODS FOR DETERMINATION OF REASONABLE BENEFIT LIMITS  

4K(1)   [ Determinations and interim determinations ]  

For the purposes of subsections 15K(1) and 15L(1) of the Act, the period within which the Commissioner must determine whether a benefit is in excess of the reasonable benefit limits and, if it is, the extent to which it exceeds those limits is:


(a) if the notice under subsection 15G(1) of the Act is received before 1 May 1991 - the period of 12 months after the day on which the notice is received, reduced by the number of days between 1 July 1990 and the day on which the notice is received; or


(b) in any other case - 60 days after receiving the notice.

4K(2)   [ Revision following roll-over ]  

For the purposes of subsection 15K(6) of the Act, the period within which the Commissioner must revise a determination is:


(a) if the notice under subsection 15J(1) of the Act is received before 1 May 1991 - the period of 12 months after the day on which the notice is received, reduced by the number of days between 1 July 1990 and the day on which the notice is received; or


(b) in any other case - 60 days after receiving the notice.

4K(3)   [ Commutation within 6 months ]  

For the purposes of subsection 15K(7) of the Act, the period within which a person may elect to commute a superannuation pension or annuity is 6 months after the commencement day of the pension or annuity.

4K(4)   [ Revised determination after commutation ]  

For the purposes of subsection 15K(7) of the Act, the period within which the Commissioner must make a revised determination is:


(a) if notice of the commutation is received before 1 May 1991 - the period of 12 months after the day on which the notice is received, reduced by the number of days between 1 July 1990 and the day on which the notice is received; or


(b) in any other case - 60 days after receiving notice of the commutation.

4K(5)   [ Revision where payment reduced by Tax Commissioner ]  

For the purposes of subsection 15K(8) of the Act, the period within which the Commissioner must revise a determination is:


(a) if the applicant has applied to the Commissioner before 1 May 1991 for revision of the determination - the period of 12 months after the person has applied to the Commissioner for revision of the determination, reduced by the number of days from the beginning of 1 July 1990 to the end of the day on which the application was made; or


(b) if the applicant has applied to the Commissioner on or after 1 May 1991 for revision of the determination - the period of 60 days after the person has applied to the Commissioner for revision of the determination.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.