INCOME TAX ASSESSMENT ACT 1997
This Subdivision applies to an individual for an income year if:
(a) the individual has a * superannuation interest in a * constitutionally protected fund in the corresponding * financial year; and
(b) at any time in the income year, the individual is declared by regulation to be an individual to whom this Subdivision applies. 293-145(2)
Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a regulation made for the purposes of paragraph (1)(b).
Despite subsection 12(1A) (retrospective commencement of legislative instruments) of the Legislation Act 2003 , a regulation made for the purposes of paragraph (1)(b) must not commence before 1 July 2012.
Nothing in this Subdivision limits section 6 of the Superannuation (Sustaining the Superannuation Contribution Concession) Imposition Act 2013 .
Section 6 of the Superannuation (Sustaining the Superannuation Contribution Concession) Imposition Act 2013 provides that Division 293 tax is not imposed in relation to a person if the imposition would exceed the legislative power of the Commonwealth.
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