Superannuation Legislation Amendment Act 2010 (117 of 2010)

Schedule 4   Other amendments

Part 5   Public sector defined benefit schemes

Income Tax Assessment Act 1997

29   After section 307-295

Insert:

307-297 Public sector superannuation schemes - elements set by regulations

(1) This section applies to a *superannuation benefit that is paid from a *public sector superannuation scheme that is not a *constitutionally protected fund.

(2) Despite any other provision of this Subdivision, the *taxable component of the *superannuation benefit consists of an element untaxed in the fund equal to the amount (if any) specified by the regulations in relation to the benefit for the purposes of this section.

(3) The amount specified must not be less than the amount that would be the *element untaxed in the fund under the other provisions of this Subdivision.