Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 3 - Collection, recovery and administration of other taxes  

PART 3-20 - SUPERANNUATION  

Division 139 - Access to perpetrators ' superannuation for victims of child abuse  

Subdivision 139-A - Requesting information about perpetrator ' s superannuation  

Operative provisions

SECTION 139-30   PERPETRATOR SUPERANNUATION INFORMATION TO BE DISCLOSED BY COMMISSIONER  

139-30(1)    
The information to be provided by the Commissioner upon request is:

(a)    the sum of the contributions covered by subsection (3) made to a * superannuation plan for the benefit of the perpetrator in the period:

(i) beginning on the day that is 10 years before the first day on which the victim alleges that the conduct constituting the * specified child abuse offence occurred; and

(ii) ending on the day on which the request is given to the Commissioner; and

(b)    if the most recent * total superannuation balance of the perpetrator that is known to the Commissioner is lower than the sum of the contributions determined under paragraph (a) - that total superannuation balance.

Working out the amount of concessional contributions

139-30(2)    
In working out the sum of the contributions in paragraph (1)(a) , the amount of a contribution that is a * concessional contribution is to be worked out using the following formula:

0.85 × the amount of the * concessional contribution

Covered contributions

139-30(3)    
A contribution is covered by this subsection if:

(a)    it is a contribution of any of the following kinds:

(i) a member contribution (within the meaning of Part 5 of the Superannuation Industry (Supervision) Regulations 1994 );

(ii) a * reportable employer superannuation contribution made in relation to the financial year beginning on 1 July 2009 or a later financial year;

(iii) an employer contribution made in relation to the financial year beginning on 1 July 2008 or an earlier financial year that is not a mandated employer contribution (within the meaning of Part 5 of the Superannuation Industry (Supervision) Regulations 1994 ); and

(b)    it is not an excepted contribution mentioned in subsection (4) .

Excepted contributions

139-30(4)    
For the purposes of paragraph (3)(b) , excepted contributions are the following:

(a)    a contribution to the extent that it is required to be made because of a law of the Commonwealth or of a State or Territory, or the rules of the relevant superannuation fund;

(b)    a contribution made in respect of a * defined benefit interest;

(c)    a Government co-contribution made under the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 ;

(d)    a contribution that is an amount transferred from a * KiwiSaver scheme to a * complying superannuation fund that is:

(i) an * Australian sourced amount; or

(ii) a * returning New Zealand sourced amount;

(e)    a contribution that is a * contributions splitting benefit;

(f)    a contribution made in relation to a financial year before the financial year beginning on 1 July 2002.