Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"ABN (short for Australian Business Number) " has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999 .
"account balance cap" has the meaning given by section 29.
"acquire" : a person acquires a qualifying interest in a dwelling in the circumstances mentioned in subsection 12(6).
"ADI" (short for authorised deposit-taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959 .
"approved form" means a form approved by the Regulator, in writing, for the purposes of the provision in which the expression appears.
"APRA" means the Australian Prudential Regulation Authority.
"ASIC" means the Australian Securities and Investments Commission.
"authorisation as an FHSA provider" means an authorisation granted under section 92.
"authorised person" means a person appointed as an authorised person under section 80.
"base interest rate" for a day has the same meaning as in section 8AAD of the Taxation Administration Act 1953 .
"breach" : an FHSA holder is in breach of the account balance cap in the circumstances mentioned in section 28.
"Commissioner" means the Commissioner of Taxation.
"complying superannuation plan" has the same meaning as in the Income Tax Assessment Act 1997 .
"contribution" means a contribution of money, and includes a deposit into an account held at an ADI and a payment of a premium to a life insurance company.
"data processing device" means any article or material (for example, a disc) from which information is capable of being reproduced with or without the aid of any other article or device.
"decision" includes a decision not to make a determination under section 41 or 46.
"deed" includes an instrument having the effect of a deed.
"default superannuation plan" has the meaning given by section 24.
"Deputy Commissioner" means a Deputy Commissioner of Taxation.
"examinable documents" means any documents relevant to the operation of a provision of this Act for which the Commissioner has the general administration, or regulations made for the purposes of such a provision.
"family law obligation" means:
(a) a court order under the Family Law Act 1975 ; or
(b) a financial agreement made under Part VIIIA of the Family Law Act 1975 that is binding because of section 90G of that Act.
"FHSA" (short for first home saver account) has the meaning given by section 8.
"FHSA eligibility requirements" has the meaning given by section 15.
"FHSA holder" has the meaning given by section 9.
"FHSA home acquisition payment" has the meaning given by section 14.
"FHSA ineligibility payment" has the meaning given by section 16.
"FHSA payment conditions" : an FHSA home acquisition payment satisfies the FHSA payment conditions in the circumstances set out in section 17.
"FHSA provider" has the meaning given by section 10.
"FHSA trust" means a trust of a kind mentioned in subparagraph 8(c)(iii).
"financial services licensee" has the meaning given by Chapter 7 of the Corporations Act 2001 .
"financial year" has the same meaning as in the Income Tax Assessment Act 1997 .
"general interest charge" means the charge worked out under Part IIA of the Taxation Administration Act 1953 .
"Government FHSA contribution" has the meaning given by section 11.
"Government FHSA contribution threshold" has the meaning given by section 39.
(a) a person holds an FHSA in the circumstances mentioned in section 9; and
(b) a person holds a qualifying interest in a dwelling in the circumstances mentioned in section 12.
"inactive" : an FHSA is inactive in the circumstances mentioned in section 23.
(a) a return under section 161, 162 or 163 of the Income Tax Assessment Act 1936 ; or
(b) a return by the trustee of a deceased person's estate under Subdivision 260‑E of Schedule 1 to the Taxation Administration Act 1953 .
"income year" has the same meaning as in the Income Tax Assessment Act 1997 .
"indexation factor" has the meaning given by subsections 30(3) and 40(3).
"index number" has the meaning given by subsections 30(5) and 40(5).
"legal personal representative" has the same meaning as in the Income Tax Assessment Act 1997 .
"life insurance company" means a company registered under the Life Insurance Act 1995 .
"life policy" has the same meaning as in the Life Insurance Act 1995 .
"main residence" has the meaning given by section 13.
"overpaid amount" has the meaning given by subsection 50(2).
"owner" , in relation to a policy, has the same meaning as in the Life Insurance Act 1995 .
"person affected by a reviewable decision" , in relation to a reviewable decision, means the person in relation to which the decision was made.
"personal FHSA contribution" has the meaning given by section 11.
"policy" has the same meaning as in the Life Insurance Act 1995 .
"produce" includes permit access to.
"protected information" means information that:
(a) concerns a person; and
(b) is disclosed to, or obtained by, a person to whom section 70 applies in the course of, or because of, the person's duties under or in relation to this Act or the regulations.
"provides" has the meaning given by section 10.
"Prudential Standards" has the meaning given by subsection 121(1).
"public offer entity" has the same meaning as in the Superannuation Industry (Supervision) Act 1993 .
"qualifying interest" in a dwelling has the meaning given by section 12.
"quarter" has the same meaning as in the Income Tax Assessment Act 1997 .
(a) APRA, if the provision in which it occurs is, or is being applied for the purposes of, a provision that is administered by APRA; or
(b) ASIC, if the provision in which it occurs is, or is being applied for the purposes of, a provision that is administered by ASIC; or
(c) the Commissioner, if the provision in which it occurs is, or is being applied for the purposes of, a provision that is administered by the Commissioner.
"reporting period" has the same meaning as in subsection 1017D(2) of the Corporations Act 2001 .
"reviewable decision" has the meaning given by section 74.
"RSE licence" has the same meaning as in the Superannuation Industry (Supervision) Act 1993 .
"RSE licensee" has the same meaning as in the Superannuation Industry (Supervision) Act 1993 .
"Second Commissioner" means a Second Commissioner of Taxation.
"spouse" has the same meaning as in the Superannuation Industry (Supervision) Act 1993 .
(a) the Retirement Savings Accounts Act 1997 ; and
(b) the Superannuation Industry (Supervision) Act 1993 ; and
(c) the Superannuation Contributions Tax (Assessment and Collection) Act 1997 ; and
(e) the Superannuation (Unclaimed Money and Lost Members) Act 1999 ; and
(f) the Termination Payments Tax (Assessment and Collection) Act 1997 .
"superannuation interest" has the same meaning as in the Income Tax Assessment Act 1997 .
"superannuation provider" has the same meaning as in the Income Tax Assessment Act 1997 .
"taxation law" has the same meaning as in the Income Tax Assessment Act 1997 .
"tax file number" has the meaning given by section 202A of the Income Tax Assessment Act 1936 .
"underpaid amount" has the meaning given by subsection 46(2).