Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"AMIT" (short for attribution managed investment trust) has the same meaning as in the Income Tax Assessment Act 1997 .
"Assessment Act" means the Income Tax Assessment Act 1936 .
"family tier 1 threshold" , of a person for a year of income, means the family tier 1 threshold (within the meaning of the Private Health Insurance Act 2007 ) of the person for the financial year corresponding to the year of income.
"income for surcharge purposes" has the same meaning as in the Income Tax Assessment Act 1997 .
"levy" means Medicare levy referred to in section 5.
"phase-in limit" means:
(a) for a person who is entitled to a rebate under section 160AAAA of the Assessment Act--$51,361; or
(c) in any other case--$32,500.
"singles tier 1 threshold" , of a person for a year of income, means the singles tier 1 threshold (within the meaning of the Private Health Insurance Act 2007 ) of the person for the financial year corresponding to the year of income.
"threshold amount" means:
(a) for a person who is entitled to a rebate under section 160AAAA of the Assessment Act--$41,089; or
(c) in any other case--$26,000.
"tier 2 earner" has the meaning given by section 3A.
"tier 3 earner" has the meaning given by section 3A.
(2) In this Act, a reference to income for surcharge purposes, net income or taxable income is to be read as a reference to that term for the year of income.
(2A) In section 8B, 8C, 8D, 8E, 8F or 8G, net income and taxable income have the meanings that they would have in that section if subsection 271 - 105(1) in Schedule 2F to the Assessment Act were ignored.
(3) Subject to subsection (3A), for the purposes of this Act:
(a) a person shall be deemed not to be married to another person if they are living separately and apart; and
(b) where the last person to whom another person was married during a year of income died during the year of income, those persons shall be deemed to have been married on the last day of the year of income.
(3A) For the purposes of sections 8B, 8C and 8D, if:
(a) the last person to whom another person was married during a year of income died during the year of income; and
(b) the death occurred while they were married;
the living person is taken to be married to the person who died during the period starting on the day he or she died and ending on 30 June of the year of income.
(4) Subject to the preceding provisions of this section, expressions used in this Act that are also used in Part VIIB of the Assessment Act have in this Act, unless the contrary intention appears, the same meanings as those expressions have in that Part of the Assessment Act.
(5) For the purposes of this Act, a person is covered by an insurance policy that provides private patient hospital cover if:
(a) the policy is a complying health insurance policy (within the meaning of the Private Health Insurance Act 2007 ) that covers hospital treatment (within the meaning of that Act); and
(b) any excess payable in respect of benefits under the policy is no more than the applicable amount set out in section 45 - 1 of that Act in any 12 month period.