Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 291.175

  (1)   An individual's * superannuation interest is a defined benefit interest to the extent that it defines the individual's entitlement to * superannuation benefits payable from the interest by reference to one or more of the following matters:

  (a)   the individual's salary, or allowance in the nature of salary, at a particular date or averaged over a period;

  (b)   another individual's salary, or allowance in the nature of salary, at a particular date or averaged over a period;

  (c)   a specified amount;

  (d)   specified conversion factors.

  (2)   However, an individual's * superannuation interest is not a defined benefit interest if it defines that entitlement solely by reference to one or more of the following:

  (a)   * disability superannuation benefits;

  (b)   * superannuation death benefits;

  (c)   payments of amounts mentioned in paragraph   307 - 10(a) (temporary disability payments).