Commonwealth Numbered Regulations Commonwealth Numbered RegulationsNote: A number of expressions used in this instrument are defined in the Act, including the following:
(a) superannuation benefit;
(b) superannuation income stream benefit.
In this instrument:
2013 allowances determination has the meaning given by subsection 51-5.01(3).
(a) for the purposes of Schedule 1A--has the meaning given by clause 1.1 of that Schedule; and
(b) for the purposes of Subdivision 293-D and Schedule 1AA--has the meaning given by subsection 293-115.05(2).
"Act " means the Income Tax Assessment Act 1997 .
"activities of daily living " has the meaning given by subsection 295-465.01(5).
"approved stock exchange " : see section 995-1.02.
"assessable contribution " means an amount included in the assessable income of an entity by Subdivision 295-C of the Act, disregarding item 5.3 of the table in section 50-25 of the Act (income tax exemption for constitutionally protected funds) and Subdivision 295-D of the Act (about excluded contributions).
(a) for the purposes of Subdivision 291-C and Schedule 1A--has the meaning given by clause 1.2 of that Schedule; and
(b) for the purposes of Schedule 1AA--has the meaning given by clause 2 of that Schedule.
"bundled " has the meaning given by subsection 295-465.01(5).
"cognitive loss " has the meaning given by subsection 295-465.01(5).
"conditions determination " has the meaning given by subsection 51-5.01(3).
"constitutionally protected fund " : see section 995-1.03.
"death (life) cover " has the meaning given by subsection 295-465.01(5).
(a) for the purposes of Schedule 1A--has the meaning given by clause 1.3 of that Schedule; and
(b) for the purposes of Schedule 1AA--has the meaning given by clause 2A of that Schedule.
(a) means a member of a superannuation fund whose entitlements to superannuation benefits (other than benefits payable on death or disability) are defined by reference to one or more of the following matters:
(i) the member's salary, or allowance in the nature of salary, at a particular date or averaged over a period;
(ii) another individual's salary, or allowance in the nature of salary, at a particular date or averaged over a period;
(iii) a specified amount;
(iv) specified conversion factors;
other than a member of a superannuation fund whose entitlements to superannuation are defined solely by reference to one or more of the following matters:
(v) the member's disability superannuation benefits;
(vi) the member's superannuation death benefits;
(vii) payments of amounts mentioned in paragraph 307-10(a) of the Act (which relates to temporary disability payments); and
(b) in clause 3.6 of Schedule 1A--has a meaning affected by subclause (4) of that clause; and
(c) in clause 15 of Schedule 1AA--has a meaning affected by subclause (4) of that clause.
"domestic (home) duties " has the meaning given by subsection 295-465.01(5).
employer-sponsor has the meaning given by subsection 16(1) of the SIS Act.
"funded benefit interest " has the meaning given by subsection 293-115.15(2).
"Governor-General Pension Scheme " means the Governor-General Pension Scheme constituted by allowances payable under section 4 of the Governor-General Act 1974 .
insolvent , for an issuer, means:
(a) the issuer cannot pay its debts as they fall due; or
(b) the issuer's liabilities exceed its assets.
"loss of limb " has the meaning given by subsection 295-465.01(5).
"member contributions " has the meaning given by subregulation 5.01(1) of the SIS Regulations.
"military or police person " means a person mentioned in paragraph 302-195(2)(a), (b) or (c) of the Act.
"Military Superannuation and Benefits Scheme " has the meaning given by section 307-125.01.
(a) for the purposes of section 291-170.04 and Schedule 1A --has the meaning given by subsection 291-170.04(5); and
(b) for the purposes of Subdivision 293-D--has the meaning given by subsection 293-115.05(2).
"normal domestic duties " has the meaning given by subsection 295-465.01(5).
"on-hold member " has the meaning given by subsection 291-170.04(6).
"pensioned member " has the meaning given by subsection 291-170.04(7).
pooled investment annuity has the meaning given by sub section 307-205.02E(2).
pooled investment pension has the meaning given by sub section 307-205.02D(2).
"registered organisation " has the meaning given by subsection 10(1) of the SIS Act.
relevant 2006 interest , in relation to a member, means:
(a) a defined benefit interest held by the member on 5 September 2006; or
(b) any superannuation interest to which the entire value of the interest mentioned in paragraph (a) was transferred (whether directly or through a series of transfers between superannuation interests).
relevant 2009 interest , in relation to a member, means:
(a) a defined benefit interest held by the member on 12 May 2009; or
(b) any superannuation interest to which the entire value of the interest mentioned in paragraph (a) was transferred (whether directly or through a series of transfers between superannuation interests).
"RSA Act " means the Retirement Savings Accounts Act 1997 .
"RSA Regulations " means the Retirement Savings Accounts Regulations 1997 .
"RSE licensee " has the same meaning as in the SIS Act.
"SIS Act " means the Superannuation Industry (Supervision) Act 1993 .
"SIS Regulations " means the Superannuation Industry (Supervision) Regulations 1994 .
superannuation annuity : see section 995-1.05.
"superannuation income stream " : see section 307-70.02.
"superannuation salary " means the salary used to determine a person's entitlement to superannuation benefits.
"superannuation sub-fund " , in relation to defined benefit members of a superannuation fund , means an arrangement in the fund which satisfies the following conditions:
(a) there are separately identifiable assets and separately identifiable beneficiaries;
(b) the interest of each beneficiary is determined by reference only to the conditions governing that arrangement;
(c) the defined benefit members have the same employer-sponsor;
(d) the employer-sponsor deals with each of the defined benefit members at arm's length.
"terminal medical condition " : see section 995-1.06.
"TPD any occupation " has the meaning given by subsection 295-465.01(5).
"TPD own occupation " has the meaning given by subsection 295-465.01(5).