Income Tax Assessment Regulations 1997 (Repealed)

Part 3 heading inserted by SLI No 103 of 2007, reg 3 and Sch 1 item 3, applicable in relation to a financial year that starts on or after 1 July 2007.

Div 307 inserted by SLI No 90 of 2007, reg 4 and Sch 2 item 1, effective 1 July 2007.

Subdiv 307-D inserted by SLI No 90 of 2007, reg 4 and Sch 2 item 1, effective 1 July 2007.

Reg 307-200.03(4) substituted for reg 307-200.03(4) and (5) by SLI No 202 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 307-200.03(4) formerly read:

307-200.03(4)
In addition to the interests identified in accordance with paragraphs (3)(a) and (b), if:

(a) the superannuation provider offers an income stream; and

(b) the rules of the fund do not allow the transfer of amounts between different categories of lump-sum amounts and amounts that form part of, or can be used to purchase, a superannuation income stream; and

(c) the rules of the fund (as in effect on 5 September 2006) did not allow a specified amount held in the plan:

(i) to form part of that superannuation income stream; or

(ii) to be used for the purpose of purchasing a superannuation income stream offered by the provider;

the superannuation interest is also to be treated as the further interests described in subregulation (5).

Reg 307-200.03(4) substituted for reg 307-200.03(4) and (5) by SLI No 202 of 2007, reg 3 and Sch 1 item 5, effective 1 July 2007. Reg 307-200.03(5) formerly read:

307-200.03(5)
For subregulation (4), the following separate interests are created:

(a) the amount transferred or rolled into the plan from another plan is to be treated as 1 superannuation interest;

(b) each other amount to which subregulation (4) relates is to be treated as 1 superannuation interest to the extent to which the amount is subject to different requirements regarding the rules, terms or conditions relating to the way it can be cashed or paid as compared to the amounts mentioned in paragraphs (3)(a) and (b);

(c) if:

(i) paragraph (b) applies to more than 1 amount; and

(ii) each of those amounts is subject to different requirements regarding the rules, terms or conditions relating to the way it can be cashed or paid as compared to the amount mentioned in paragraph (a);

each of those amounts is to be treated as a separate superannuation interest.

Reg 307-200.03 inserted by SLI No 90 of 2007, reg 4 and Sch 2 item 1, effective 1 July 2007.