Exercise 12

Choose the correct response.

Identify which (there may be more than one) of the following circumstances must be present in order for the Commissioner to exercise the discretion under section 292-465?

a. The person has been made bankrupt.

b. There are special circumstances.

c. Making the determination will be consistent with the object of the ECT rules.

d. Prejudicial conduct by a non-cooperative super fund.

Answer 12

Exercise 13

Choose the correct response.

Which of the following factors is unlikely to be considered relevant to a determination to use the Commissioner's discretion under section 292-465?

a. The person could not have reasonably known the contribution would exceed the cap.

b. The person had limited control over the amount of the contribution and when it was made.

c. It is more appropriate to allocate the contribution to another year.

d. The person received a windfall gain and wanted to invest it in super.

Answer 13

    Last modified: 22 Nov 2013QC 34181