Income Tax Assessment Act 1997
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View history notePart 3-30 inserted by No 9 of 2007 , s 3 and Sch 1 item 1, applicable to the 2007-2008 income year and later years.
Div 293 inserted by No 82 of 2013, s 3 and Sch 3 item 1, effective 28 June 2013.No 82 of 2013, s 3 and Sch 3 item 39 contains the following application provision:
39 Application
(1)
Subject to this item, the amendments made by Parts 1 and 2 of this Schedule apply to the 2012-13 income year and later income years.
(2)
Subitem (1) does not apply to item 1 of this Schedule.
No retrospective administrative penalty
(3)
Despite subitem (1), the amendments made by this Schedule do not give rise to a liability to an administrative penalty under section
286-75
in Schedule
1
to the
Taxation Administration Act 1953
for failing to do a thing by a particular day, if the day is before the day this Act receives the Royal Assent.
Modification for certain notice provisions
(4)
Despite subitem (1), section
133-75
in Schedule 1 to the
Taxation Administration Act 1953
, as inserted by this Schedule, does not require the Commissioner to give a notice before 1 July 2014.
Subdiv 293-D inserted by No 82 of 2013, s 3 and Sch 3 item 1, effective 28 June 2013. For application provision see note under Div 293 heading.
SECTION 293-115 Defined benefit contributions 293-115(1)
Your defined benefit contributions , for a * financial year in respect of a * defined benefit interest, has the meaning given by regulation.
Note:
There are modifications in sections 293-150 (about constitutionally protected State higher level office holders) and 293-195 (about Commonwealth justices).
293-115(2)
A regulation made for the purposes of subsection (1) may provide for a method of determining the amount of the defined benefit contributions .
293-115(3)
A regulation made for the purposes of subsection (1) may define the * defined benefit contributions, and the amount of defined benefit contributions, in different ways depending on any of the following matters: (a) the person who has the * superannuation interest that is or includes the * defined benefit interest; (b) the * superannuation plan in which the superannuation interest exists; (c) the * superannuation provider in relation to the superannuation plan; (d) any other matter.
293-115(4)
A regulation made for the purposes of subsection (1) may specify circumstances in which the amount of * defined benefit contributions for a * financial year is nil.
293-115(5)
Subsections (2) , (3) and (4) do not limit a regulation that may be made for the purposes of this section.
293-115(6)
(Repealed by No 127 of 2021)
S 293-115(6) repealed by No 127 of 2021, s 3 and Sch 3 item 42, effective 1 January 2022. S 293-115(6) formerly read:
293-115(6)
Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a regulation made for the purposes of subsection (1).
S 293-115(6) substituted by No 126 of 2015, s 3 and Sch 1 item 299, effective 5 March 2016. S 293-115(6) formerly read:
293-115(6)
Despite subsection 12(2) of the Legislative Instruments Act 2003 , a regulation made for the purposes of subsection (1) may be expressed to take effect from any time on or after 1 July 2012.
293-115(7)
(Repealed by No 127 of 2021)
S 293-115(7) repealed by No 127 of 2021, s 3 and Sch 3 item 42, effective 1 January 2022. S 293-115(7) formerly read:
293-115(7)
Despite subsection 12(1A) (retrospective commencement of legislative instruments) of the Legislation Act 2003 , a regulation made for the purposes of subsection (1) must not commence before 1 July 2012.
S 293-115(7) amended by No 78 of 2018, s 3 and Sch 2 item 16, by substituting " 12(1A) " for " 12(3) " , effective 25 August 2018.
S 293-115(7) inserted by No 126 of 2015, s 3 and Sch 1 item 299, effective 5 March 2016.
S 293-115 inserted by No 82 of 2013, s 3 and Sch 3 item 1, effective 28 June 2013. For application provision see note under Div 293 heading.
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