Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 51.33

Compensation payments for loss of pay and/or allowances as a Defence reservist

  (1)   A compensation payment for the loss of your pay or an allowance is exempt from income tax if:

  (a)   the compensation payment is made under the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988 in respect of an injury (as defined in that Act) you suffered; and

  (b)   you suffered your injury while serving as a member of the Naval Reserve, Army Reserve or Air Force Reserve (but not while on continuous full time service); and

  (c)   your pay or allowance was payable for service of a kind described in paragraph   (b).

  (2)   A compensation payment for the loss of your pay or an allowance is exempt from income tax if:

  (a)   the compensation payment is made under the Military Rehabilitation and Compensation Act 2004 in respect of a service injury or disease (as defined in that Act); and

  (b)   you sustained your service injury or contracted your service disease, or your service injury or disease was aggravated or materially contributed to, while serving as a member of the Naval Reserve, Army Reserve or Air Force Reserve; and

  (c)   your pay or allowance was payable for service of a kind described in paragraph   (b); and

  (d)   the compensation payment is worked out by reference to your normal earnings (as defined in that Act) as a part - time Reservist (as defined in that Act).


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