Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"approved deposit fund" has the same meaning as in section 10 of the Superannuation Industry (Supervision) Act 1993 .
"approved form" has the meaning given by section 388 - 50 in Schedule 1 to the Taxation Administration Act 1953 .
"assessable income" has the same meaning as in the Income Tax Assessment Act 1997 .
"base interest rate" for a day has the same meaning as in section 8AAD of the Taxation Administration Act 1953 .
"Commissioner" means the Commissioner of Taxation.
"complying superannuation fund" has the same meaning as in the Income Tax Assessment Act 1997 .
"concessional contributions" has the same meaning as in the Income Tax Assessment Act 1997 .
"constitutionally protected fund" has the same meaning as in the Income Tax Assessment Act 1997 .
"contributed amounts" has the same meaning as in the Superannuation Contributions Tax (Assessment and Collection) Act 1997 .
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
"credit" to an RSA that is a policy (within the meaning of the Life Insurance Act 1995 ) means pay as a premium in relation to the policy.
"decision" includes a decision not to make a determination under section 13, 15 or 19.
"dependant" has the same meaning as in the Superannuation Industry (Supervision) Act 1993 .
"eligible personal superannuation contribution" has the meaning given by section 7.
"examinable documents" means any documents relevant to the operation of this Act or the regulations.
"general transfer balance cap" has the same meaning as in the Income Tax Assessment Act 1997 .
"Government co-contribution" means a Government co - contribution payable under this Act.
"higher income threshold" has the meaning given by section 10A.
"hold" : a person holds an RSA account if the person is the holder of the account within the meaning of the Retirement Savings Accounts Act 1997 .
"income tax return" means:
(a) a return under section 161, 162 or 163 of the Income Tax Assessment Act 1936 ; or
(b) a return by the trustee of a deceased person's estate under Subdivision 260 - E of Schedule 1 to the Taxation Administration Act 1953 .
"income year" has the same meaning as in the Income Tax Assessment Act 1997 .
"indexation factor" has the meaning given by section 10A.
"infringement notice" means a notice given under section 33.
"lower income threshold" has the meaning given by section 10A.
"low income superannuation tax offset" means a low income superannuation tax offset payable under this Act.
"member" means a member, or former member, of a superannuation fund or of an approved deposit fund and includes the holder, or former holder, of an RSA.
"non-concessional contributions" has the same meaning as in the Income Tax Assessment Act 1997 .
"non-concessional contributions cap" has the same meaning as in the Income Tax Assessment Act 1997 .
"payment date" means:
(a) for a Government co - contribution--the date worked out in accordance with the regulations made for the purposes of section 17; or
(b) for an underpaid amount of a Government co - contribution--the date worked out in accordance with the regulations made for the purposes of section 21.
"prescribed penalty" for a contravention means 5 penalty units for each week or part of a week during which the contravention continues.
Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
"produce" a document includes permit access to the document.
"provider" of an RSA has the same meaning as in the Retirement Savings Accounts Act 1997 .
"reportable fringe benefits total" has the same meaning as in the Income Tax Assessment Act 1936 .
"RSA" has the same meaning as in the Retirement Savings Accounts Act 1997 .
"Superannuation Holding Accounts Special Account" means the Superannuation Holding Accounts Special Account continued in existence by section 8 of the Small Superannuation Accounts Act 1995 .
"superannuation provider" means:
(a) the trustee of a complying superannuation fund; or
(b) the provider of an RSA; or
(c) the trustee of a constitutionally protected fund.
"taxation officer" means a person employed or engaged under the Public Service Act 1999 who is:
(a) exercising powers; or
(b) performing functions;
under, pursuant to or in relation to a taxation law (as defined in section 2 of the Taxation Administration Act 1953 ).
"total income" of a person for an income year has the meaning given by section 8.
"total superannuation balance" has the same meaning as in the Income Tax Assessment Act 1997 .
"trustee" of a superannuation fund, or constitutionally protected fund, means:
(a) if there is a trustee (within the ordinary meaning of that expression) of the fund--the trustee; or
(b) otherwise--the person who manages the fund.
"trustee" , when used in relation to a deceased person's estate, has the same meaning as in the Income Tax Assessment Act 1936 .
"underpaid amount" of a Government co - contribution has the meaning given by subsection 19(2).