S 41(2) substituted by No 84 of 2013, s 3 and Sch 7 item 1, applicable in relation to benefits provided on or after 22 October 2012. However, the amendment does not apply in relation to benefits provided to an employee under an existing salary packaging arrangement to the extent that the benefits are provided before the earlier of:

(a) 1 April 2014; and

(b) the first time on or after 22 October 2012 that the existing salary packaging arrangement is varied in a material way.

For this purpose, an existing salary packaging arrangement is a salary packaging arrangement entered into by the employer and employee before 22 October 2012.

S 41(2) formerly read:

41(2)
This section does not apply to food or drink provided to, and consumed by, an employee if the food or drink is provided:

(a) because of the employee agreeing to receive the food or drink in return for a reduction in the employee ' s salary or wages that would not have happened apart from the agreement; or

(b) as part of the employee ' s remuneration package, in circumstances where it is reasonable to conclude that the employee ' s salary or wages would be greater if the food or drink were not made part of that package.

S 41(2) inserted by No 59 of 2008, s 3 and Sch 1 item 2, applicable to food and drink provided after 7.30pm, by legal time in the Australian Capital Territory, on 13 May 2008. However, the amendment does not apply to an agreement made by an employee before 7.30pm, by legal time in the Australian Capital Territory, on 13 May 2008 to the extent that:

(a) a reduction in salary or wages has already occurred by that time; and

(b) the food or drink is provided before 1 April 2009.