2 Transitional provision
3 Subsection 2A(2)
4 Subsection 2A(2)
5 Subsection 2A(2)
6 Subsection 2A(2)
7 Subsection 2A(2) (definition of surcharge deduction amount)
8 Subsection 2A(2)
9 Paragraphs 4(3)(a) and (b)
10 After subsection 4(3) (3AA) This subsection applies to a person
at a particular time (the relevant time ) if, before the relevant time:
11 Subsection 4(3A) (3A) The rate of the
allowance payable at any time (the relevant time ) to a spouse of a deceased
person who held office as Governor-General is the amount worked out using the
formula:
allowance rate means:
12 Subsection 4(3B) (3B) In
subsection (3):
BR1 is the basic rate at the time when the prescribed percentage is first
calculated, and BR2, BR3 etc. have corresponding meanings for any later time
when the prescribed percentage is calculated.
SA1 is the surcharge adjustment at the time when the prescribed percentage is
first calculated, and SA2, SA3 etc. have corresponding meanings for any later
time when the prescribed percentage is calculated.
surcharge adjustment means the amount obtained by dividing the person's
surcharge deduction amount by the conversion factor applicable to the person
under the determination referred to in subsection (3C).
13 Subsection 4(4) (4) If:
(5) Despite subsection (4), the trustee of the Scheme is not liable to
pay the surcharge unless the person, the person's spouse or the legal personal
representative of the person or the person's spouse gives the notice of
assessment to the trustee of the Scheme. assessment has the same meaning as in the Superannuation Contributions Tax
(Assessment and Collection) Act 1997 .
basic rate , at a particular time, in relation
to a particular person, means 60% of the salary of the Chief Justice of
Australia at that time, reduced by the amount of any pension or retiring
allowance payable to that person at that time, whether by virtue of a law or
otherwise out of money provided in whole or part by Australia, a State or a
Territory.
notice of assessment , in respect of a person,
means a notice given under subsection 15(8) of the
Superannuation Contributions Tax (Assessment and Collection) Act 1997 to the
person or to the person's spouse, or to the legal personal representative of
the person or the person's spouse, stating that a person is liable to pay an
amount of surcharge on surchargeable contributions for the person.
surcharge has the same meaning as in the
Superannuation Contributions Tax (Assessment and Collection) Act 1997 .
means:
surchargeable contributions , for a person,
means surchargeable contributions within the meaning of the
Superannuation Contributions Tax (Assessment and Collection) Act 1997 that
are attributable to the operation of this Act in respect of the person.
where:
adjustment amount means the amount of any pension or retiring allowance that
would have been payable to the deceased person at the relevant time if the
deceased person had not died, whether by virtue of a law or otherwise out of
money provided in whole or part by Australia, a State or a Territory.
reduction amount means the amount of any pension or retiring allowance payable
to the spouse of the deceased person at the relevant time, whether by virtue
of a law or otherwise out of money provided in whole or part by Australia, a
State or a Territory.
prescribed percentage , in relation to a person who has
held office as Governor-General, means the percentage worked out in accordance
with the formula:
where:
SAt means the amount worked out in accordance with the formula:
where:
basic rate has the meaning given by section 2A.
the trustee of the Scheme (within the meaning of section 5A) is liable to
pay the surcharge under the assessment mentioned in paragraph (b), and
any general interest charge in respect of the surcharge, to the Commissioner
of Taxation, and the liability of any other person to pay the surcharge or
general interest charge, as the case requires, is discharged.
(6) If, after an allowance became payable to a person under this section, a
notice of assessment (including an amended assessment) of the person's
surcharge is given to the trustee of the Scheme as mentioned in
subsection (5), the trustee must calculate or recalculate, as the case
requires, the prescribed percentage of the basic rate in accordance with
subsection (3B).
(7) Amounts payable under subsection (4) are to be paid out of the
Consolidated Revenue Fund, which is appropriated accordingly.
14 Application
provision
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