Taxation Administration Act 1953

s 131-15 — Issuing release authorities

Issuing in response to a valid request (1) If you make a valid request under section 131 ‑ 5, the Commissioner must issue a release authority to each * superannuation provider that holds a * superannuation interest identified in the request. Issuing if you do not make a valid request in response to an excess non ‑ concessional contributions determination etc. (2) If: (a) on a particular day, the Commissioner issues you with: (i) an * excess non ‑ concessional contributions determination for a * financial year; or (ii) a notice to which paragraph 131 ‑ 5(4)(b) applies for such a determination; and (b) within 60 days after that day, you do not make a valid request under section 131 ‑ 5 for that determination; the Commissioner may issue a release authority to one or more * superannuation providers that hold * superannuation interests for you. Issuing if you are liable to pay excess non ‑ concessional contributions tax (3) If you are given a notice of an * excess non ‑ concessional contributions tax assessment for a * financial year, the Commissioner may issue a release authority to one or more * superannuation providers that hold * superannuation interests for you. Issuing if you have an unpaid amount of assessed Division 293 tax that is not deferred to a debt account (4) If: (a) for an income year, you are given a notice of assessment of an amount of * Division 293 tax that is not * deferred to a debt account for a * superannuation interest; and (b) on the 60th day after the day the Commissioner issues that notice, the sum of the following falls short of that amount of tax: (i) any payments of that tax for the income year that you have already made; (ii) any amounts that have already been released under this Subdivision for that assessment; the Commissioner may issue a release authority to one or more * superannuation providers that hold superannuation interests for you. Issuing if you have an unpaid amount of assessed Division 296 tax that is not deferred to a Division 296 debt account (5) If: (a) for an income year, you are given a notice of assessment of an amount of * Division 296 tax that is not * deferred to a Division 296 debt account for a * superannuation interest; and (b) on the 84th day after the day the Commissioner issues that notice, the sum of the following falls short of that amount of tax: (i) any payments of that tax for the income year that you have already made; (ii) any amounts that have already been released under this Subdivision for that assessment; the Commissioner may issue a release authority to one or more * superannuation providers that hold superannuation interests for you.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5) | Amended by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 131-20 — Amount to be stated in a release authority

(1) The amount to be released from one or more * superannuation interests under a release authority issued under section 131 ‑ 15 must be: (a) for a release authority issued under subsection 131 ‑ 15(1)—the amount stated in the request; or (b) otherwise—worked out so that the total amount stated for all release authorities for the applicable determination or assessment does not exceed: (i) for a release authority issued under subsection 131 ‑ 15(2)—the * total release amount stated in the determination referred to in that subsection; or (ii) for a release authority issued under subsection 131 ‑ 15(3), (4) or (5)—the amount of tax stated in the assessment referred to in that subsection. (2) For the purposes of paragraph (1)(b), disregard an amount stated in another release authority to the extent that a notice given under subsection 131 ‑ 50(2) states that the amount will not be paid.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5) | Amended by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 131-25 — Contents of a release authority

Each release authority issued under section 131 ‑ 15 must: (a) be issued to a single * superannuation provider; and (b) state the amount to be released from each * superannuation interest under the release authority; and (c) be dated; and (d) contain any other information that the Commissioner considers relevant.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 131-30 — Varying or revoking a release authority

Release authority not relating to an FHSS determination (1) The Commissioner may decide to vary or revoke a release authority issued: (a) under section 131 ‑ 15; and (b) in relation to a determination, or assessment, mentioned in paragraph 131 ‑ 5(1)(a), (b) or (c) and given to you; at any time before the Commissioner is given a notice under section 131 ‑ 50 relating to the release authority. Release authority relating to an FHSS determination (2) For a release authority issued under section 131 ‑ 15 in relation to a * first home super saver determination given to you, the Commissioner may decide to: (a) vary the release authority if: (i) the varied release authority would be consistent with paragraph 131 ‑ 5(3)(a); and (ii) you satisfy paragraphs 138 ‑ 10(2)(a) and (b); or (b) revoke the release authority; at any time before the Commissioner begins treating, under Division 3 of Part IIB, any credit to which you have become entitled under section 131 ‑ 65 in relation to the release authority. (3) The Commissioner may make a decision under subsection (2): (a) on the Commissioner’s own initiative; or (b) on application by you to the Commissioner in the * approved form. (4) If a release authority is varied or revoked under subsection (2) at a particular time, then any entitlement under section 131 ‑ 65 you had to a credit relating to the release authority ceases at that time. (5) The revocation of a release authority under subsection (2) does not prevent you from making a later request under section 131 ‑ 5 in relation to the same * first home super saver determination. Reissuing varied release authorities (6) If the Commissioner varies a release authority under this section at a particular time, then: (a) at that time, the release authority (as issued before the variation) ceases to be in force; and (b) the Commissioner must reissue the release authority (as varied) under section 131 ‑ 15. Review (7) If you are dissatisfied with a decision under subsection (2) by the Commissioner in relation to you: (a) to vary or revoke a release authority; or (b) not to vary or revoke a release authority; you may object against it in the manner set out in Part IVC of this Act.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5) | Repealed and substituted by No 75 of 2023, effective sch 4 (items 14 ‑ 30): 15 Sept 2024 (s 2(1) item 11)

s 131-35 — Obligations of superannuation providers

(1) A * superannuation provider issued with a release authority under section 131 ‑ 15 must, within 10 * business days after the release authority is issued (or a further period allowed by the Commissioner), pay to the Commissioner the lesser of: (a) the amount stated in the release authority; and (b) the sum of the * maximum available release amounts for each * superannuation interest held by the superannuation provider for you in * superannuation plans. Note 1: Subsection 288 ‑ 95(3) provides for an administrative penalty for failing to comply with this section. Note 2: For the taxation treatment of the payment, see section 131 ‑ 75. Exception—defined benefit interests not subject to compulsory release (2) However, the * maximum available release amount for a * superannuation interest is not to be included in the sum worked out under paragraph (1)(b) if the interest is a * defined benefit interest.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 131-40 — Voluntary compliance with a release authority relating to defined benefit interests

(1) A * superannuation provider issued with a release authority under section 131 ‑ 15 may, within 10 * business days after the release authority is issued (or a further period allowed by the Commissioner), pay to the Commissioner the lesser of: (a) the amount stated in the release authority; and (b) the sum of the * maximum available release amounts for each * defined benefit interest held by the superannuation provider for you in * superannuation plans. (2) For the purposes of paragraph (1)(a), reduce the amount mentioned in that paragraph by any amount the provider pays under section 131 ‑ 35 in relation to the release authority.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 131-45 — Meaning of maximum available release amount

The maximum available release amount for a * superannuation interest at a particular time is the total amount of all the * superannuation lump sums that could be payable from the interest at that time.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 131-50 — Notifying Commissioner

(1) A * superannuation provider issued with a release authority under section 131 ‑ 15 must notify the Commissioner of a payment made in accordance with this Subdivision. (2) A * superannuation provider that: (a) has been issued with a release authority under section 131 ‑ 15; and (b) is not required to pay an amount under section 131 ‑ 35, or is required under that section to pay an amount less than the amount stated in the release authority; must notify the Commissioner that the provider is not required to comply with the release authority. (3) A notice under this section must be given in the * approved form within the period applying under subsection 131 ‑ 35(1) or 131 ‑ 40(1) for the release authority. Note: Subsection 286 ‑ 75(1) provides for an administrative penalty for failing to comply with this section.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 131-55 — Notifying you

(1) The Commissioner must notify you if, in relation to a release authority issued under section 131 ‑ 15 in relation to you, the Commissioner: (a) is given a notice from a * superannuation provider under section 131 ‑ 50; or (b) does not receive a payment from a superannuation provider of the full amount stated in the release authority within the time mentioned in subsection 131 ‑ 35(1) or 131 ‑ 40(1). (2) A notice under subsection (1) must: (a) be in writing; and (b) identify the * superannuation provider; and (c) state how much of the amount stated in the release authority was not paid within the applicable time.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 131-60 — Compensation for acquisition of property

(1) If the operation of section 131 ‑ 35 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from an entity otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the entity. (2) If the Commonwealth and the entity do not agree on the amount of the compensation, the entity may institute proceedings in: (a) the Federal Court of Australia; or (b) the Supreme Court of a State or Territory; for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 131-65 — Entitlement to credits

(1) If a * superannuation provider pays an amount in relation to a release authority issued under section 131 ‑ 15 in relation to you, you are entitled to a credit equal to that amount. Note: Division 3 of Part IIB provides for the treatment of credits that you are entitled to under a taxation law. (2) The credit arises on the day the Commissioner receives the amount. Exception for voluntary payments of Division 293 tax debt account (3) However, if the amount paid in relation to the release authority relates to an amount of * assessed Division 293 tax that is * deferred to a debt account for a * superannuation interest: (a) subsection (1) does not apply in relation to the payment; and (b) treat the payment as if it were a voluntary payment under section 133 ‑ 70 in relation to that debt account. Exception for voluntary payments of Division 296 tax debt account (4) Also, if the amount paid in relation to the release authority relates to an amount of * assessed Division 296 tax that is * deferred to a Division 296 debt account for a * superannuation interest: (a) subsection (1) does not apply in relation to the payment; and (b) treat the payment as if it were a voluntary payment under section 134 ‑ 70 in relation to that * Division 296 debt account.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5) | Amended by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 131-70 — Interest for late payments of money received by the Commissioner in accordance with release authority

(1) You are entitled to an amount of interest worked out under subsection (2) if: (a) the Commissioner is required under Division 3A of Part IIB to refund all or part of a credit you are entitled to under section 131 ‑ 65; and (b) the Commissioner does not so refund all or part of that credit within 60 days after receiving the payment that gave rise to the credit. (2) The interest is to be calculated: (a) on so much of the amount of the credit as the Commissioner fails to refund under that Division; and (b) for the period: (i) beginning 60 days after the day the Commissioner receives the amount; and (ii) ending on the day the Commissioner refunds the amount mentioned in paragraph (1)(a); and (c) on a daily basis; and (d) at the * base interest rate for the day the interest is calculated.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 131-75 — Income tax treatment of amounts released—proportioning rule does not apply

Section 307 ‑ 125 of the Income Tax Assessment Act 1997 (the proportioning rule) does not apply to a payment made as required or permitted under this Subdivision. Note: The income tax treatment of released amounts is also affected by Subdivision 292 ‑ B, and section 303 ‑ 15, of that Act.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 131-80 — Repayments if your entitlement to a credit ceases for a release authority relating to an FHSS determination

Repaying the superannuation provider if it still holds a superannuation interest for you (1) If: (a) a * superannuation provider pays an amount (the released amount ) to the Commissioner under section 131 ‑ 35 or 131 ‑ 40 in relation to you; and (b) your entitlement under section 131 ‑ 65 to a credit relating to the released amount ceases under subsection 131 ‑ 30(4) or 138 ‑ 13(3); and (c) the Commissioner reasonably believes that the provider still holds a * superannuation interest for you; and (d) the Commissioner reasonably believes that, were the released amount to be repaid to the provider, the provider: (i) could allocate the repayment (the repaid amount ) to that superannuation interest; and (ii) could later pay an amount equal to the repaid amount in response to a release authority issued under this Division in relation to a later * first home super saver determination given to you; the Commissioner must repay the released amount to the provider. (2) The Commissioner must make the repayment within 30 * business days after the day the Commissioner starts holding the reasonable belief necessary to satisfy both paragraphs (1)(c) and (d). What happens if the original provider cannot be repaid (3) However, if the Commissioner cannot repay the released amount under subsection (1), the Commissioner must only pay an equivalent amount to the released amount if an item of the following table applies. When the Commissioner must pay the equivalent amount Item If the Commissioner reasonably believes that: then the Commissioner must pay the equivalent amount to: 1 (a) another release authority has been issued under section 131 ‑ 15: (i) to another * superannuation provider in relation to you; and (ii) in relation to a * first home super saver determination (an FHSS determination ) given to you; and (b) the other provider still holds a * superannuation interest for you; and (c) were the equivalent amount to be paid to the other provider, the other provider: (i) could allocate the equivalent amount to that superannuation interest; and (ii) could later pay an amount equal to the equivalent amount in response to a release authority issued under this Division in relation to a later FHSS determination given to you the other * superannuation provider. 2 (a) another * superannuation provider holds a * superannuation interest for you; and (b) you or your * legal personal representative has notified the Commissioner of this in the * approved form the other * superannuation provider. 3 (a) you satisfy a condition of release, with a nil cashing restriction, of benefits specified in a standard referred to in paragraph 31(2)(h) of the Superannuation Industry (Supervision) Act 1993 ; and (b) you or your * legal personal representative has notified the Commissioner of this in the * approved form you or your * legal personal representative (as applicable). (4) The Commissioner must pay the equivalent amount: (a) in accordance with the item of the table that is the first to so apply; and (b) within 30 * business days after the day that item starts to so apply.

Amendment history: Inserted by No 75 of 2023, effective sch 4 (items 14 ‑ 30): 15 Sept 2024 (s 2(1) item 11)

s 133-1 — What this Division is about

Payment of Division 293 tax is deferred to the extent to which the tax is attributable to defined benefit interests from which no superannuation benefit has yet become payable. This reflects the fact that money generally cannot be released from defined benefit interests until a superannuation benefit is paid, usually upon retirement.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-5 — What this Subdivision is about

The Commissioner determines the amount of your tax that is deferred to a debt account by working out the extent to which your assessed tax is attributable to defined benefit interests. Table of sections Operative provisions 133 ‑ 10 Determination of tax that is deferred to a debt account 133 ‑ 15 Defined benefit tax 133 ‑ 20 How to attribute the defined benefit tax to defined benefit interests 133 ‑ 25 Determination reducing tax deferred to a debt account 133 ‑ 30 General provisions applying to determinations under this Subdivision

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-10 — Determination of tax that is deferred to a debt account

(1) The Commissioner must make a determination specifying the amount the Commissioner has ascertained as being the extent to which your * assessed Division 293 tax for an income year is * defined benefit tax attributable to a * superannuation interest. Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 . Note 2: For general provisions, including review, see section 133 ‑ 30. (2) The amount of * assessed Division 293 tax specified in the determination is deferred to a debt account for the * superannuation interest. (3) However, the Commissioner must not make a determination under this section in relation to a * superannuation interest if, at the time the determination is to be made, the * end benefit for the superannuation interest has become payable. Note: For the meaning of end benefit , see section 133 ‑ 130. (4) Subsection (1) does not apply if the Commissioner ascertains that no part of your * assessed Division 293 tax for an income year is * defined benefit tax attributable to a * superannuation interest.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 133-15 — Defined benefit tax

(1) Your defined benefit tax for an income year is the amount worked out using the formula: where: defined benefit contribution component means the amount worked out as follows: (a) work out the lesser of the following for the corresponding * financial year: (i) your * low tax contributions; (ii) the total amount of your * defined benefit contributions in respect of all * defined benefit interests you have in the financial year; (b) subtract from the result of paragraph (a) the difference (if any) between: (i) your * taxable contributions for the income year; and (ii) your low tax contributions for the corresponding financial year. Note: A difference may exist for paragraph (b) because of the $250,000 high income threshold: see subsection 293 ‑ 20(1) of the Income Tax Assessment Act 1997 . Exception—defined benefit contribution component is nil or less (2) However, if the defined benefit contribution component mentioned in subsection (1) is nil, or a negative amount, no part of the * Division 293 tax for the income year is defined benefit tax .

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 133-20 — How to attribute the defined benefit tax to defined benefit interests

(1) If you have one * defined benefit interest in a * financial year, your * defined benefit tax for the corresponding income year is attributable to that interest. (2) If you have more than one * defined benefit interest in a * financial year, your * defined benefit tax for the corresponding income year is attributable to each such interest in proportion to the * defined benefit contributions for the interest for the financial year.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-25 — Determination reducing tax deferred to a debt account

(1) If an amount of * assessed Division 293 tax that is * deferred to a debt account for a * superannuation interest is reduced as a result of an amended assessment, the Commissioner must make a determination under this section in respect of the reduced amount. (2) The amount so determined is a deferral reversal for the * superannuation interest. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-30 — General provisions applying to determinations under this Subdivision

(1) The Commissioner must: (a) make a determination as soon as practicable after: (i) for a determination under section 133 ‑ 10—assessing the amount (whether by way of a first assessment or an amended assessment); or (ii) for a determination under section 133 ‑ 25—amending the assessment; and (b) give you notice in writing of the determination as soon as practicable after making it. (3) The validity of the determination is not affected because any of the provisions of this Act have not been complied with. Review (4) If you are dissatisfied with a determination made under this Subdivision in relation to you, you may object against the determination in the manner set out in Part IVC. (5) If you are dissatisfied with a decision the Commissioner makes not to make a determination under this Subdivision: (a) you may object against the decision in the manner set out in Part IVC; and (b) for the purpose of working out the period within which the objection must be lodged, notice of the decision is taken to have been served on you on the day notice is given to you of: (i) for a determination under section 133 ‑ 10—the assessment of the amount; or (ii) for a determination under section 133 ‑ 25—the amended assessment. Note: For the period within which objections must be lodged, see section 14ZW.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 133-55 — What this Subdivision is about

The Commissioner keeps debt accounts for tax that is deferred to a debt account for a superannuation interest. You can make voluntary payments of the debt account. Table of sections Operative provisions 133 ‑ 60 Debt account to be kept for deferred tax 133 ‑ 65 Interest on debt account balance 133 ‑ 70 Voluntary payments 133 ‑ 75 Commissioner must notify superannuation provider of debt account

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-60 — Debt account to be kept for deferred tax

Accounts to be kept (1) The Commissioner is to keep a debt account for * Division 293 tax for you for a * superannuation interest, if an amount of your * assessed Division 293 tax is * deferred to a debt account for the superannuation interest. Account to be debited for Division 293 tax (2) The Commissioner must debit the debt account for the amount of * assessed Division 293 tax that is * deferred to a debt account for the * superannuation interest.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-65 — Interest on debt account balance

Interest to be debited at end of financial year (1) If a debt account for a * superannuation interest is in debit at the end of a * financial year, the Commissioner is to debit the account for interest on the amount by which the account is in debit, calculated at the * long term bond rate for that financial year. Note: Interest would not be debited to a debt account that is no longer being kept by the Commissioner because the assessed Division 293 tax liability being tracked in the account has been finally discharged as mentioned in subsection 133 ‑ 105(3). Remission of interest—deferral reversal (2) The Commissioner may remit the whole or any part of an amount of interest debited, or to be debited, from a debt account under subsection (1) if: (a) the debt account is credited: (i) under section 133 ‑ 70 because of a * deferral reversal; or (ii) because a determination under section 133 ‑ 10 is varied or revoked; and (b) the Commissioner is satisfied that, because of that credit, it would be fair and reasonable to do so. Remission of interest—special circumstances (3) The Commissioner may remit the whole or any part of an amount of interest debited, or to be debited, to a debt account under subsection (1) if the Commissioner is satisfied that, because special circumstances exist, it would be fair and reasonable to do so.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-70 — Voluntary payments

(1) You may make payments to the Commissioner for the purpose of reducing the amount by which a debt account for a * superannuation interest is in debit. (2) The Commissioner is to: (a) acknowledge receipt of the payment to you; and (b) credit the payment to the debt account; and (c) notify you of the revised balance of the debt account. The credit mentioned in paragraph (b) is to be made when the payment is received. (3) The amount of a * deferral reversal for the * superannuation interest is to be treated as if it were a voluntary payment under this section in relation to the debt account for that interest. However, paragraphs (2)(a) and (c) do not apply in relation to that amount.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-75 — Commissioner must notify superannuation provider of debt account

If the Commissioner starts to keep a debt account for * Division 293 tax for you for a * superannuation interest, the Commissioner must give the * superannuation provider in relation to the superannuation interest a notice saying so.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-100 — What this Subdivision is about

The deferred tax liability must be paid when a superannuation benefit becomes payable from the superannuation interest. In some cases, the amount that must be paid is capped. Table of sections Debt account discharge liability 133 ‑ 105 Liability to pay debt account discharge liability 133 ‑ 110 When debt account discharge liability must be paid 133 ‑ 115 General interest charge 133 ‑ 120 Meaning of debt account discharge liability 133 ‑ 125 Notice of debt account discharge liability End benefit 133 ‑ 130 Meaning of end benefit 133 ‑ 135 Superannuation provider may request debt account status 133 ‑ 140 End benefit notice—superannuation provider 133 ‑ 145 End benefit notice—material changes or omissions

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-105 — Liability to pay debt account discharge liability

(1) You are liable to pay the amount of your * debt account discharge liability for a * superannuation interest if the * end benefit for the interest becomes payable. (2) The liability arises: (a) unless paragraph (b) applies—at the time the * end benefit becomes payable; or (b) if the end benefit is a * superannuation death benefit—just before you die. Note 1: For paragraph (a), a release authority allows money to be released from the superannuation plan to pay this amount: see subsection 135 ‑ 10(1). Note 2: For paragraph (b), the debt will be recovered from your estate: see Subdivision 260 ‑ E. (3) Payment of your * debt account discharge liability for a * superannuation interest discharges your liability for so much of your total * assessed Division 293 tax for all income years as is * deferred to a debt account for the superannuation interest.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-110 — When debt account discharge liability must be paid

The amount of your * debt account discharge liability for a * superannuation interest is due and payable at the end of 21 days after the day on which the * end benefit for the superannuation interest is paid.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-115 — General interest charge

If your * debt account discharge liability remains unpaid after the time by which it is due and payable, you are liable to pay the * general interest charge on the unpaid amount for each day in the period that: (a) begins on the day on which the debt account discharge liability was due to be paid; and (b) ends on the last day on which, at the end of the day, any of the following remains unpaid: (i) the debt account discharge liability; (ii) general interest charge on any of the debt account discharge liability. Note: The general interest charge is worked out under Part IIA.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 133-120 — Meaning of debt account discharge liability

(1) The debt account discharge liability for a * superannuation interest for which the Commissioner keeps a debt account is the amount by which the debt account is in debit at the time the * end benefit for the superannuation interest becomes payable. (1A) However, if the end benefit cap for the * superannuation interest stated in a notice given to the Commissioner under subsection (2) of this section or section 133 ‑ 140 is less than the amount mentioned in subsection (1) of this section, the debt account discharge liability for the superannuation interest is an amount equal to the end benefit cap. (2) If requested by the Commissioner, the * superannuation provider in relation to a * superannuation interest must give the Commissioner notice of the amount (the end benefit cap ) that is 15% of the employer ‑ financed component of any part of the * value of the superannuation interest that accrued after 1 July 2012. Note: If a person is dissatisfied with a notice given to the Commissioner under this subsection, the person may make a complaint under the AFCA scheme (within the meaning of the Corporations Act 2001 ). (3) For the purposes of subsection (2), the * value of the * superannuation interest is to be worked out at the end of the * financial year before the financial year in which the * end benefit becomes payable. (4) A notice under subsection (2) must be given: (a) in the * approved form; and (b) within 14 days of the Commissioner making the request.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5) | Amended by No 13 of 2018, effective s 4: 5 Mar 2018 (s 2(1) item 1) sch 1 (items 26 ‑ 31, 54 ‑ 58): 6 Mar 2018 (s 2(1) items 2, 6) sch 3 (items 31, 32): 5 Mar 2022 (s 2(1) item 8) | Amended by No 76 of 2023, effective sch 2 (items 727–737): 20 Oct 2023 (s 2(1) item 2) sch 6 (items 39, 40): 21 Sept 2023 (s 2(1) item 22) sch 6 (items 43, 44): 1 Oct 2023 (s 2(1) item 23)

s 133-125 — Notice of debt account discharge liability

(1) The Commissioner must give you a notice under this section if the * end benefit becomes payable from a * superannuation interest for which the Commissioner keeps a debt account. (2) The notice must state that you are liable to pay your * debt account discharge liability for the * superannuation interest and specify: (a) the amount of that debt; and (b) the day on which that debt is due and payable; and (c) whether the amount of that debt is: (i) the amount by which the debt account is in debit as mentioned in subsection 133 ‑ 120(1); or (ii) the end benefit cap mentioned in subsection 133 ‑ 120(1A). (3) If you are dissatisfied with a notice given under this section in relation to you, you may object against it in the manner set out in Part IVC of this Act. (4) However, you cannot object against a notice stating that the amount you are liable to pay is the amount by which the debt account is in debit, unless you are seeking to be liable to pay the end benefit cap specified in a notice given to the Commissioner by the * superannuation provider under subsection (2) or section 133 ‑ 140 (as the case requires).

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 133-130 — Meaning of end benefit

(1) A * superannuation benefit is the end benefit for a * superannuation interest if it is the first superannuation benefit to become payable from the interest, disregarding a benefit that is any of the following: (a) a * roll ‑ over superannuation benefit paid to a * complying superannuation plan that is a * successor fund; (b) a benefit that becomes payable under the condition of release specified in item 105 of the table in Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 (about severe financial hardship ); (c) a benefit that becomes payable under the condition of release specified in item 107 of that table (about compassionate ground); (d) a benefit specified in an instrument under subsection (2). (2) The Minister may, by legislative instrument, specify a * superannuation benefit for the purposes of paragraph (1)(d).

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 126 of 2015, effective sch 1 (items 601 ‑ 603): 5 Mar 2016 (s 2(1) item 2) | Amended by No 78 of 2018, effective sch 2 (item 18): 25 Aug 2018 (s 2(1) item 5) | Amended by No 127 of 2021, effective sch 3 (items 43, 47, 48, 64): 1 Jan 2022 (s 2(1) item 5)

s 133-135 — Superannuation provider may request debt account status

(1) If: (a) a * superannuation provider has been given a notice under section 133 ‑ 75 saying that the Commissioner has started to keep a debt account for a * superannuation interest; and (b) the superannuation provider receives a request to pay the * end benefit from the superannuation interest or the end benefit becomes payable from the superannuation interest; the superannuation provider may, in the * approved form, request the Commissioner to advise as to the status of the debt account. (2) If the Commissioner receives a request, the Commissioner must advise the * superannuation provider as soon as practicable whether or not the debt account is in debit.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Repealed and substituted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 133-140 — End benefit notice—superannuation provider

(1) If the * end benefit becomes payable from a * superannuation interest for which the Commissioner keeps a debt account, the * superannuation provider in relation to the interest must give the Commissioner a notice stating: (a) unless subsection (1A) applies—the amount of the end benefit cap mentioned in subsection 133 ‑ 120(2) for the superannuation interest; and (b) the expected date of payment of the benefit. Note: If a person is dissatisfied with a notice given to the Commissioner under this subsection, the person may make a complaint under the AFCA scheme (within the meaning of the Corporations Act 2001 ). (1A) The notice does not need to state the amount of the end benefit cap if: (a) the * superannuation provider has already given the Commissioner notice of the end benefit cap under subsection 133 ‑ 120(2); or (b) before the end of the period mentioned in subsection (2), the Commissioner has advised the superannuation provider under subsection 133 ‑ 135(2) that the debt account is not in debit. (2) The notice must be given within 14 days after the earlier of: (a) the * superannuation provider receiving a request (if any) to pay the * superannuation benefit; and (b) the superannuation benefit becoming payable. (3) However, this section does not apply if the * superannuation provider has not been given a notice under section 133 ‑ 75 saying that the Commissioner has started to keep a debt account for the * superannuation interest. (4) A notice under this section must be given in the * approved form.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5) | Amended by No 13 of 2018, effective s 4: 5 Mar 2018 (s 2(1) item 1) sch 1 (items 26 ‑ 31, 54 ‑ 58): 6 Mar 2018 (s 2(1) items 2, 6) sch 3 (items 31, 32): 5 Mar 2022 (s 2(1) item 8) | Amended by No 76 of 2023, effective sch 2 (items 727–737): 20 Oct 2023 (s 2(1) item 2) sch 6 (items 39, 40): 21 Sept 2023 (s 2(1) item 22) sch 6 (items 43, 44): 1 Oct 2023 (s 2(1) item 23)

s 133-145 — End benefit notice—material changes or omissions

(1) If an entity that gives the Commissioner a notice under section 133 ‑ 140 becomes aware of a material change or material omission in any information given to the Commissioner in the notice, the entity must: (a) tell the Commissioner of the change in the * approved form; or (b) give the omitted information to the Commissioner in the approved form. (2) Information required by this section must be given no later than 7 days after the entity becomes aware of the change or omission.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 134-1 — What this Division is about

Payment of Division 296 tax is deferred to the extent to which the tax is attributable to defined benefit interests from which no superannuation benefit has yet become payable. This reflects the fact that money generally cannot be released from defined benefit interests until a superannuation benefit is paid, usually upon retirement.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-5 — What this Subdivision is about

The Commissioner determines the amount of your tax that is deferred to a Division 296 debt account by working out the extent to which your assessed tax is attributable to defined benefit interests. Table of sections Operative provisions 134 ‑ 10 Determination of tax that is deferred to a Division 296 debt account 134 ‑ 15 Your defined benefit Division 296 tax 134 ‑ 20 Determination reducing tax deferred to a Division 296 debt account 134 ‑ 25 General provisions applying to determinations under this Subdivision

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-10 — Determination of tax that is deferred to a Division 296 debt account

(1) The Commissioner must make a determination specifying the amount the Commissioner has ascertained as being the extent to which your * assessed Division 296 tax for an income year is attributable to a * superannuation interest that is or includes a * defined benefit interest. Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 . Note 2: For general provisions, including review, see section 134 ‑ 25. (2) The amount of * assessed Division 296 tax specified in the determination is deferred to a Division 296 debt account for the * superannuation interest. (3) However, the Commissioner must not make a determination under this section in relation to a * superannuation interest if, at the time the determination is to be made, the * Division 296 end benefit for the superannuation interest has become payable. Note: For Division 296 end benefit , see section 134 ‑ 130. (4) Subsection (1) does not apply if the Commissioner ascertains that no part of your * assessed Division 296 tax for an income year is * Division 296 tax attributable to a * superannuation interest that is or includes a * defined benefit interest.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-15 — Attribution of Division 296 tax to defined benefit interest

(1) For the purposes of section 134 ‑ 10, the amount of your * assessed Division 296 tax for an income year attributable to a * superannuation interest that is or includes a * defined benefit interest is to be worked out using the following formula: (2) However, no part of the * assessed Division 296 tax for the year is attributable to the * superannuation interest if: (a) your * relevant superannuation earnings for the year for the superannuation interest is nil; or (b) the superannuation interest is in a * superannuation plan that is a * foreign superannuation fund for the income year; or (c) the superannuation interest is a * Division 296 excluded interest in relation to the year.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-20 — Determination reducing tax deferred to a Division 296 debt account

(1) If an amount of * assessed Division 296 tax that is * deferred to a Division 296 debt account for a * superannuation interest is reduced as a result of an amended assessment, the Commissioner must make a determination under this section in respect of the reduced amount. (2) The amount so determined is a Division 296 deferral reversal for the * superannuation interest. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-25 — General provisions applying to determinations under this Subdivision

(1) The Commissioner must: (a) make a determination as soon as practicable after: (i) for a determination under section 134 ‑ 10—assessing the amount (whether by way of a first assessment or an amended assessment); or (ii) for a determination under section 134 ‑ 20—amending the assessment; and (b) give you notice in writing of the determination as soon as practicable after making it. (2) The validity of the determination is not affected because any of the provisions of this Act have not been complied with. Review (3) If you are dissatisfied with a determination made under this Subdivision in relation to you, you may object against the determination in the manner set out in Part IVC. (4) If you are dissatisfied with a decision of the Commissioner not to make a determination under this Subdivision: (a) you may object against the decision in the manner set out in Part IVC; and (b) for the purpose of working out the period within which the objection must be lodged, notice of the decision is taken to have been served on you on the day notice is given to you of: (i) for a determination under section 134 ‑ 10—the assessment of the amount; or (ii) for a determination under section 134 ‑ 20—the amended assessment. Note: For the period within which objections must be lodged, see section 14ZW.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-55 — What this Subdivision is about

The Commissioner keeps Division 296 debt accounts for Division 296 tax that is deferred to a Division 296 debt account for a superannuation interest. You can make voluntary payments of the Division 296 debt account. Table of sections Operative provisions 134 ‑ 60 Division 296 debt account to be kept for deferred Division 296 tax 134 ‑ 65 Interest on Division 296 debt account balance 134 ‑ 70 Voluntary payments 134 ‑ 75 Commissioner must notify superannuation provider of Division 296 debt account

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-60 — Division 296 debt account to be kept for deferred Division 296 tax

Accounts to be kept (1) The Commissioner is to keep a debt account (a Division 296 debt account ) for * Division 296 tax for you for a * superannuation interest, if an amount of your * assessed Division 296 tax is * deferred to a Division 296 debt account for the superannuation interest. Account to be debited for Division 296 tax (2) The Commissioner must debit the * Division 296 debt account for the amount of * assessed Division 296 tax that is * deferred to a Division 296 debt account for the * superannuation interest.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-65 — Interest on Division 296 debt account balance

Interest to be debited at end of financial year (1) If a * Division 296 debt account for a * superannuation interest is in debit at the end of a * financial year, the Commissioner is to debit the account for interest on the amount by which the account is in debit, calculated at the * long term bond rate for that financial year. Note: Interest would not be debited to a Division 296 debt account that is no longer being kept by the Commissioner because the assessed Division 296 tax liability being tracked in the account has been finally discharged as mentioned in subsection 134 ‑ 105(3). Remission of interest—Division 296 deferral reversal (2) The Commissioner may remit the whole or any part of an amount of interest debited, or to be debited, to a * Division 296 debt account under subsection (1) if: (a) the Division 296 debt account is credited: (i) under section 134 ‑ 70 because of a * Division 296 deferral reversal; or (ii) because a determination under section 134 ‑ 10 is varied or revoked; and (b) the Commissioner is satisfied that, because of that credit, it would be fair and reasonable to do so. Remission of interest—special circumstances (3) The Commissioner may remit the whole or any part of an amount of interest debited, or to be debited, to a * Division 296 debt account under subsection (1) if the Commissioner is satisfied that, because special circumstances exist, it would be fair and reasonable to do so.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-70 — Voluntary payments

(1) You may make payments to the Commissioner for the purpose of reducing the amount by which a * Division 296 debt account for a * superannuation interest is in debit. (2) The Commissioner is to: (a) acknowledge receipt of the payment to you; and (b) credit the payment to the * Division 296 debt account; and (c) notify you of the revised balance of the Division 296 debt account. The credit mentioned in paragraph (b) is to be made when the payment is received. (3) The amount of a * Division 296 deferral reversal for the * superannuation interest is to be treated as if it were a voluntary payment under this section in relation to the * Division 296 debt account for that interest. However, paragraphs (2)(a) and (c) do not apply in relation to that amount.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-75 — Commissioner must notify superannuation provider of Division 296 debt account

If the Commissioner starts to keep a * Division 296 debt account for you for a * superannuation interest, the Commissioner must give the * superannuation provider in relation to the superannuation interest a notice saying so.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-100 — What this Subdivision is about

The deferred Division 296 tax liability must be paid when a superannuation benefit becomes payable from the superannuation interest. Table of sections Division 296 debt account discharge liability 134 ‑ 105 Liability to pay Division 296 debt account discharge liability 134 ‑ 110 When Division 296 debt account discharge liability must be paid 134 ‑ 115 General interest charge 134 ‑ 120 Meaning of Division 296 debt account discharge liability 134 ‑ 125 Notice of Division 296 debt account discharge liability Division 296 end benefit 134 ‑ 130 Meaning of Division 296 end benefit 134 ‑ 135 Superannuation provider may request Division 296 debt account status 134 ‑ 140 Division 296 end benefit notice—superannuation provider 134 ‑ 145 Division 296 end benefit notice—material changes or omissions

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-105 — Liability to pay Division 296 debt account discharge liability

(1) You are liable to pay the amount of your * Division 296 debt account discharge liability for a * superannuation interest if the * Division 296 end benefit for the interest becomes payable. (2) The liability arises: (a) unless paragraph (b) applies—at the time the * Division 296 end benefit becomes payable; or (b) if the Division 296 end benefit is a * superannuation death benefit—just before you die. Note 1: For paragraph (a), a release authority allows money to be released from the superannuation plan to pay this amount: see subsection 135 ‑ 10(1). Note 2: For paragraph (b), the debt will be recovered from your estate: see Subdivision 260 ‑ E. (3) Payment of your * Division 296 debt account discharge liability for a * superannuation interest discharges your liability for so much of your total * assessed Division 296 tax for all income years as is * deferred to a Division 296 debt account for the superannuation interest.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-110 — When Division 296 debt account discharge liability must be paid

The amount of your * Division 296 debt account discharge liability for a * superannuation interest is due and payable at the end of 21 days after the day on which the * Division 296 end benefit for the superannuation interest is paid.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-115 — General interest charge

If your * Division 296 debt account discharge liability remains unpaid after the time by which it is due and payable, you are liable to pay the * general interest charge on the unpaid amount for each day in the period that: (a) begins on the day on which the Division 296 debt account discharge liability was due to be paid; and (b) ends on the last day on which, at the end of the day, any of the following remains unpaid: (i) the Division 296 debt account discharge liability; (ii) general interest charge on any of the Division 296 debt account discharge liability. Note: The general interest charge is worked out under Part IIA. For the rate of general interest charge payable, see subsection 8AAC(3).

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-120 — Meaning of Division 296 debt account discharge liability

The Division 296 debt account discharge liability for a * superannuation interest for which the Commissioner keeps a * Division 296 debt account is the amount by which the Division 296 debt account is in debit at the time the * Division 296 end benefit for the superannuation interest becomes payable.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-125 — Notice of Division 296 debt account discharge liability

(1) The Commissioner must give you a notice under this section if the * Division 296 end benefit becomes payable from a * superannuation interest for which the Commissioner keeps a * Division 296 debt account. (2) The notice must state that you are liable to pay your * Division 296 debt account discharge liability for the * superannuation interest and specify: (a) the amount of that debt; and (b) the day on which that debt is due and payable. (3) If you are dissatisfied with a notice given under this section in relation to you, you may object against it in the manner set out in Part IVC of this Act. (4) However, you cannot object against a notice stating that the amount you are liable to pay is the amount by which the * Division 296 debt account is in debit.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-130 — Meaning of Division 296 end benefit

(1) A * superannuation benefit is the Division 296 end benefit for a * superannuation interest if it is the first superannuation benefit to become payable from the interest, disregarding a benefit that is any of the following: (a) a * roll ‑ over superannuation benefit paid to a * complying superannuation plan that is a * successor fund; (b) a * family law superannuation payment; (c) a benefit that becomes payable under the condition of release specified in item 105 of the table in Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 (about severe financial hardship); (d) a benefit that becomes payable under the condition of release specified in item 107 of that table (about compassionate ground); (e) a benefit specified in an instrument under subsection (2). (2) The Minister may, by legislative instrument, specify a * superannuation benefit for the purposes of paragraph (1)(e).

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-135 — Superannuation provider may request Division 296 debt account status

(1) If: (a) a * superannuation provider has been given a notice under section 134 ‑ 75 saying that the Commissioner has started to keep a * Division 296 debt account for a * superannuation interest; and (b) the superannuation provider receives a request to pay the * Division 296 end benefit from the superannuation interest or the Division 296 end benefit becomes payable from the superannuation interest; the superannuation provider may, in the * approved form, request the Commissioner to advise as to the status of the Division 296 debt account. (2) If the Commissioner receives a request, the Commissioner must advise the * superannuation provider as soon as practicable whether or not the * Division 296 debt account is in debit.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-140 — Division 296 end benefit notice—superannuation provider

(1) If the * Division 296 end benefit becomes payable from a * superannuation interest for which the Commissioner keeps a * Division 296 debt account, the * superannuation provider in relation to the interest must give the Commissioner a notice stating the expected date of payment of the benefit. Note: If a person is dissatisfied with a notice given to the Commissioner under this subsection, the person may make a complaint under the AFCA scheme (within the meaning of the Corporations Act 2001 ). (2) The notice must be given within 14 days after the earlier of: (a) the * superannuation provider receiving a request (if any) to pay the * superannuation benefit; and (b) the superannuation benefit becoming payable. (3) However, this section does not apply if the * superannuation provider has not been given a notice under section 134 ‑ 75 saying that the Commissioner has started to keep a * Division 296 debt account for the * superannuation interest. (4) A notice under this section must be given in the * approved form.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3) | Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 134-145 — Division 296 end benefit notice—material changes or omissions

(1) If an entity that gives the Commissioner a notice under section 134 ‑ 140 becomes aware of a material change or material omission in any information given to the Commissioner in the notice, the entity must: (a) tell the Commissioner of the change in the * approved form; or (b) give the omitted information to the Commissioner in the approved form. (2) Information required by this section must be given no later than 7 days after the entity becomes aware of the change or omission.

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 135-1 — What this Division is about

This Division contains rules about release authorities, which allow money to be released from a superannuation plan to pay your debt account discharge liability.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 135-5 — What this Subdivision is about

The Commissioner must issue you with a release authority to allow money to be released from a superannuation plan to pay your debt account discharge liability. Table of sections Operative provisions 135 ‑ 10 Release authorities

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 135-10 — Release authorities

(1) If the condition mentioned in column 1 of an item in the following table is satisfied: (a) the Commissioner must issue you with a release authority under that item; and (b) you have a release entitlement : (i) equal to the amount mentioned in column 2 of that item; and (ii) arising at the time mentioned in column 3 of that item. Release entitlement Item Column 1 Condition: Column 2 Amount of the release entitlement: Column 3 Time at which the release entitlement arises: 3 You become liable to pay your * debt account discharge liability for a * superannuation interest The amount of your debt account discharge liability On the giving of the notice under section 133 ‑ 125 4 You become liable to pay your * Division 296 debt account discharge liability for a * superannuation interest The amount of your Division 296 debt account discharge liability On the giving of the notice under section 134 ‑ 125 Note: A release authority issued under item 3 of the table can only be given to the superannuation provider that holds the superannuation interest to which the debt account relates: see subsection 135 ‑ 40(3). Requirements for release authority (2) A release authority must: (a) state the amount of the * release entitlement in respect of which it is given; and (b) be dated; and (c) contain any other information that the Commissioner considers relevant. Commissioner may issue a further release authority (3) The Commissioner may at any time issue you with a further release authority in respect of a * release entitlement if: (a) the Commissioner is satisfied that it is reasonable in the circumstances to do so; and (b) the Commissioner has issued you with an earlier release authority in respect of that release entitlement. Despite paragraph (2)(a), the further release authority must state the amount the Commissioner considers reasonable in the circumstances, but not exceeding the amount of the release entitlement. Note: For variation and revocation of release authorities, see subsection 33(3) of the Acts Interpretation Act 1901 . Release authority not to be issued to trustee of deceased estate (4) To avoid doubt, this section does not require or permit the Commissioner to issue a release authority to the trustee of a deceased estate.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5) | Amended by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 135-35 — What this Subdivision is about

You may give a release authority to a superannuation provider within 120 days of being issued with it. Table of sections Operative provisions 135 ‑ 40 When you may give release authority to superannuation provider

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 135-40 — When you may give release authority to superannuation provider

(1) You may give the release authority to a * superannuation provider that holds a * superannuation interest for you within 120 days after the date of the release authority. (2) You may request the * superannuation provider, in writing, to pay a specified amount in relation to the release authority. Note 1: For the amount that the provider pays under a release authority, see section 135 ‑ 85. Note 2: If excess amounts are paid in relation to a release authority: (a) the excess is assessable income (see section 304 ‑ 20 of the Income Tax Assessment Act 1997 ); and (b) you are liable to an administrative penalty (see section 288 ‑ 100 in this Schedule). (3) However, a release authority issued under item 3 of the table in subsection 135 ‑ 10(1) (for debt account discharge liability) may only be given to the * superannuation provider that holds the * superannuation interest to which the debt account relates. (4) Also, a release authority issued under item 4 of the table in subsection 135 ‑ 10(1) (for Division 296 debt account discharge liability) may only be given to the * superannuation provider that holds the * superannuation interest to which the * Division 296 debt account relates.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 135-70 — What this Subdivision is about

This Subdivision sets out a general requirement for a superannuation provider to comply with a release authority. The Subdivision also includes provisions about how much must be paid, who it must be paid to, which interest it is to be paid from, and how the payments are treated by the Commissioner. Table of sections Operative provisions 135 ‑ 75 Requirement for superannuation provider to release money 135 ‑ 80 Compensation for acquisition of property 135 ‑ 85 Release amount 135 ‑ 90 How the Commissioner applies amounts received under a release authority 135 ‑ 95 Defined benefit interests—releasing amounts to pay debt account discharge liability 135 ‑ 97 Defined benefit interests—releasing amounts to pay Division 296 debt account discharge liability 135 ‑ 100 Income tax treatment of amounts released—proportioning rule does not apply

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 135-75 — Requirement for superannuation provider to release money

(1) If: (a) a * superannuation provider has been given a release authority in accordance with Subdivision 135 ‑ B; and (b) the amount mentioned in section 135 ‑ 85 (the release amount ) is greater than nil; the superannuation provider must pay the release amount within 30 days after receiving the release authority. Who superannuation provider pays the amount to (2) The release amount must be paid to the Commissioner. Note 1: Section 288 ‑ 95 provides for an administrative penalty for failing to comply with this section. Note 2: For the taxation treatment of the payment, see sections 303 ‑ 20 and 304 ‑ 20 of the Income Tax Assessment Act 1997 . Note 3: For reporting obligations on the superannuation provider in these circumstances, see section 390 ‑ 65 in this Schedule. Which superannuation interest the amount is to be paid from (4) The payment must be made out of one or more * superannuation interests (other than a * defined benefit interest) held by the * superannuation provider for the individual.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 135-80 — Compensation for acquisition of property

(1) If the operation of section 135 ‑ 75 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from an entity otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the entity. (2) If the Commonwealth and the entity do not agree on the amount of the compensation, the entity may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 135-85 — Release amount

The amount is the least of the following amounts: (a) the amount stated in the release authority, as issued by the Commissioner; (b) if the individual or Commissioner requests the * superannuation provider, in writing, to pay a specified amount in relation to the release authority—that amount; (c) the sum of the * maximum available release amounts for each * superannuation interest (other than a * defined benefit interest) held by the superannuation provider for the individual in * superannuation plans. Note: For the maximum available release amount , see section 131 ‑ 45.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 118 of 2013, effective sch 1 (items 2, 29 ‑ 36, 81 ‑ 84, 101 ‑ 110): 29 June 2013 (s 2(1) items 2, 10, 11) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 135-90 — How the Commissioner applies amounts received under a release authority

If the Commissioner receives a payment under a release authority, it is taken for the purposes of Part IIB to have been received in respect of a current or anticipated tax debt of the individual. Note: Part IIB is about running balance accounts and the application of payments and credits.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 135-95 — Defined benefit interests—releasing amounts to pay debt account discharge liability

The exclusion of * defined benefit interests from subsection 135 ‑ 75(4) and paragraph 135 ‑ 85(c) is to be disregarded for a release authority issued under item 3 of the table in subsection 135 ‑ 10(1) (about debt account discharge liability).

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 118 of 2013, effective sch 1 (items 2, 29 ‑ 36, 81 ‑ 84, 101 ‑ 110): 29 June 2013 (s 2(1) items 2, 10, 11)

s 135-97 — Defined benefit interests—releasing amounts to pay Division 296 debt account discharge liability

The exclusion of * defined benefit interests from subsection 135 ‑ 75(4) and paragraph 135 ‑ 85(c) is to be disregarded for a release authority issued under item 4 of the table in subsection 135 ‑ 10(1) (about Division 296 debt account discharge liability).

Amendment history: Inserted by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 135-100 — Income tax treatment of amounts released—proportioning rule does not apply

Section 307 ‑ 125 of the Income Tax Assessment Act 1997 (the proportioning rule) does not apply to a payment made as required or permitted under this Division. Note: Further provisions about the income tax treatment of amounts released are in sections 303 ‑ 20 and 304 ‑ 20 of that Act.

Amendment history: Inserted by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2)

s 136-1 — What this Division is about

If you have excess transfer balance in your transfer balance account, the Commissioner may require you and your superannuation income stream provider to reduce the total amount of your superannuation income streams that are in the retirement phase.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-5 — What this Subdivision is about

If your transfer balance account exceeds the transfer balance cap, the excess must be reduced by commuting in full or in part your superannuation income streams that are in the retirement phase. If you have more than one superannuation income stream, you may choose which one to commute. Table of sections Operative provisions 136 ‑ 10 Excess transfer balance determination 136 ‑ 15 Review 136 ‑ 20 Electing to commute a different superannuation income stream 136 ‑ 25 Notifying Commissioner of transfer balance debits

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-10 — Excess transfer balance determination

(1) If you have * excess transfer balance in your * transfer balance account at the end of a day, the Commissioner may make a written determination stating the amount of that excess transfer balance. Note: It is not necessary for the Commissioner to issue a determination under this subsection if the Commissioner becomes aware that you no longer have an excess transfer balance. You are still liable to pay excess transfer balance tax if no determination is issued: see Subdivision 294 ‑ F of the Income Tax Assessment Act 1997 . (2) A determination under this section is an excess transfer balance determination . (3) The amount of * excess transfer balance stated in an * excess transfer balance determination is a crystallised reduction amount . (4) The Commissioner may amend or revoke an * excess transfer balance determination at any time before a commutation authority relating to the determination is issued under section 136 ‑ 55. (5) Notice of a determination given by the Commissioner under this section is prima facie evidence of the matters stated in the notice. Determination to include default commutation notice (6) A determination made under subsection (1) must include a notice: (a) stating that, if you do not make an election under section 136 ‑ 20 within the period specified in that section, the Commissioner will issue one or more commutation authorities; and (b) specifying: (i) the * superannuation income stream provider or providers to whom a commutation authority will be issued; and (ii) the * superannuation income stream or streams that the providers will be obliged to commute in full or in part; and (iii) if more than one commutation authority will be issued—the amount to be stated in each commutation authority, or the method the Commissioner will use to work out the amount to be stated in each commutation authority. (7) A notice included with an * excess transfer balance determination in accordance with subsection (6) is a default commutation notice .

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-15 — Review

(1) If you are dissatisfied with an * excess transfer balance determination made in relation to you, you may object against the determination in the manner set out in Part IVC. (2) However, for the purposes of Part IVC, the * default commutation notice does not form part of the taxation decision.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-20 — Electing to commute a different superannuation income stream

(1) This section applies to you if: (a) you receive an * excess transfer balance determination under section 136 ‑ 10; and (b) you are the * retirement phase recipient of 2 or more * superannuation income streams. (2) You may elect which of those * superannuation income streams is to be fully or partially commuted for the purpose of reducing the * transfer balance in your * transfer balance account by the * crystallised reduction amount. Requirements for election (3) You make an election under subsection (2) by: (a) identifying the * superannuation income stream or streams to be commuted in full or in part and the * superannuation income stream provider for each such stream; and (b) if you identify more than one superannuation income stream—stating the amount to be commuted from each such income stream. (4) The election must: (a) be in the * approved form; and (b) be given to the Commissioner within: (i) 60 days after the * excess transfer balance determination or amended excess transfer balance determination is issued; or (ii) a further period allowed by the Commissioner. Election is irrevocable (5) An election under this section is irrevocable.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-25 — Notifying Commissioner of transfer balance debits

(1) This section applies to you if you have received an * excess transfer balance determination. (2) You may notify the Commissioner in the * approved form of the amount of a * transfer balance debit that arises in your * transfer balance account if the debit arises in the period: (a) beginning when the determination is made; and (b) ending at the earlier of: (i) the time you made an election under section 136 ‑ 20; and (ii) the end of the period within which an election under section 136 ‑ 20 may be made.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-50 — What this Subdivision is about

The Commissioner must issue a commutation authority to a superannuation income stream provider, unless you have notified the Commissioner that you have already reduced your excess transfer balance by the crystallised reduction amount. A superannuation income stream provider will usually be required to commute the superannuation income stream stated in the authority. Table of sections Obligations of Commissioner 136 ‑ 55 Issuing of commutation authorities 136 ‑ 60 Varying and revoking a commutation authority 136 ‑ 65 Issuing further commutation authorities 136 ‑ 70 Notifying of non ‑ commutable excess transfer balance Obligations of superannuation income stream providers 136 ‑ 80 Obligations on superannuation income stream providers 136 ‑ 85 Notifying the Commissioner 136 ‑ 90 Notifying you

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-55 — Issuing of commutation authorities

Commutation authority must be issued if there is a commutable amount (1) The Commissioner must issue a commutation authority under this section to one or more * superannuation income stream providers if: (a) an * excess transfer balance determination has been issued to you; and (b) the excess transfer balance determination has not been revoked; and (c) the period mentioned in subsection 136 ‑ 20(4) has ended; and (d) an amount (the commutable amount ) greater than nil remains after reducing the * crystallised reduction amount by the sum of any * transfer balance debits notified to the Commissioner under section 136 ‑ 25. Issuing in response to a valid election (2) If you have made a valid election under section 136 ‑ 20, the Commissioner must issue a commutation authority under this section to each * superannuation income stream provider identified in your election. (3) If the total of the amounts stated in your election under section 136 ‑ 20 falls short of the commutable amount, the Commissioner must also issue a commutation authority to one or more * superannuation income stream providers specified in the * default commutation notice. Issuing if you do not make a valid election (4) If you have not made a valid election under section 136 ‑ 20, the Commissioner must issue a commutation authority to each * superannuation income stream provider specified in the * default commutation notice. Requirements for commutation authority (5) Each commutation authority must: (a) specify the * superannuation income stream that the * superannuation income stream provider is to commute, in full or in part; and (b) state the amount (the reduction amount ) by which the superannuation income stream is to be reduced; and (c) be dated; and (d) contain any other information that the Commissioner considers relevant. (6) The total of all reduction amounts stated in commutation authorities issued under this section relating to an * excess transfer balance determination must not exceed the commutable amount.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-60 — Varying and revoking a commutation authority

The Commissioner may vary or revoke a commutation authority at any time before the Commissioner receives a notice under section 136 ‑ 85 relating to the commutation authority.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-65 — Issuing further commutation authorities

(1) The Commissioner may issue a commutation authority under this section to one or more * superannuation income stream providers under this section if: (a) a commutation authority (the original commutation authority ) was issued under section 136 ‑ 55; and (b) the * superannuation income stream provider to which the original commutation authority was issued: (i) paid a * superannuation lump sum that fell short of the reduction amount stated in the original commutation authority; or (ii) did not comply with the original commutation authority. (2) A commutation authority issued under this section must include the matters set out in subsection 136 ‑ 55(5). (3) The Commissioner may issue a commutation authority under this section to any * superannuation income stream provider of a * superannuation income stream of which you are the * retirement phase recipient. (4) The total of all reduction amounts stated in commutation authorities issued under this section relating to an * excess transfer balance determination must not exceed the difference between: (a) the commutable amount mentioned in subsection 136 ‑ 55(1); and (b) the sum of: (i) any * superannuation lump sums notified to the Commissioner under section 136 ‑ 85 in respect of the determination; and (ii) any * transfer balance debits arising in your * transfer balance account under item 5 of the table in subsection 294 ‑ 80(1) of the Income Tax Assessment Act 1997 because of any original commutation authority.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-70 — Notifying of non ‑ commutable excess transfer balance

(1) The Commissioner must notify you in writing if, at the end of a day after the Commissioner has issued an * excess transfer balance determination to you: (a) the sum of all * transfer balance debits arising in your * transfer balance account since the determination was issued falls short of the * crystallised reduction amount; and (b) you have * excess transfer balance in your transfer balance account; and (c) either: (i) the only * superannuation income streams of which you are a * retirement phase recipient are * capped defined benefit income streams; or (ii) you are no longer a retirement phase recipient of any superannuation income stream. Note: A debit arises in your transfer balance account when the Commissioner issues a notice under this section: see item 7 of the table in subsection 294 ‑ 80(1) of the Income Tax Assessment Act 1997 . (2) A notice under subsection (1) must state the amount of the * excess transfer balance mentioned in paragraph (1)(b).

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-80 — Obligations on superannuation income stream providers

(1) A * superannuation income stream provider issued with a commutation authority under this Subdivision must, within 60 days after the commutation authority is issued, pay by way of commutation of the specified * superannuation income stream, a * superannuation lump sum equal to the lesser of: (a) the reduction amount stated in the commutation authority; and (b) the * maximum available release amount for the * superannuation interest that supports the specified superannuation income stream. Exception for capped defined benefit income streams (2) Despite subsection (1), if the specified * superannuation income stream is a * capped defined benefit income stream, the * superannuation income stream provider may choose not to comply with the commutation authority. Exception for deceased member (3) Despite subsection (1), if the * retirement phase recipient has died, the * superannuation income stream provider may choose not to comply with the commutation authority.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-85 — Notifying the Commissioner

(1) A * superannuation income stream provider issued with a commutation authority under this Subdivision must notify the Commissioner of the amount of a * superannuation lump sum paid in accordance with the commutation authority. (2) If a * superannuation income stream provider chooses under subsection 136 ‑ 80(2) or (3) not to comply with the commutation authority, the provider must notify the Commissioner of that choice. (3) A notice under this section must be in the * approved form and must be given within 60 days after the commutation authority is issued. Note: Section 286 ‑ 75 provides an administrative penalty for breach of this subsection.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 136-90 — Notifying you

(1) A * superannuation income stream provider issued with a commutation authority under this Subdivision must notify you if the superannuation income stream provider: (a) pays a * superannuation lump sum in accordance with the commutation authority; or (b) chooses under subsection 136 ‑ 80(2) not to comply with the commutation authority. (2) A notice under this section must be in the * approved form and must be given within 60 days after the commutation authority is issued. Note: Section 286 ‑ 75 provides an administrative penalty for breach of this subsection.

Amendment history: Inserted by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5)

s 138-1 — What this Division is about

If you have had voluntary contributions into superannuation, you may be eligible to have those contributions and their associated earnings released for the purposes of purchasing or constructing your first home.

Amendment history: Inserted by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3)

s 138-5 — What this Subdivision is about

If you satisfy particular criteria, you may request that the Commissioner make a determination stating your FHSS maximum release amount and the components that make up that amount. Table of sections Operative provisions 138 ‑ 10 First home super saver determination 138 ‑ 12 Withdrawing or amending your request 138 ‑ 13 Amending or revoking a first home super saver determination 138 ‑ 15 Review

Amendment history: Inserted by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3)

s 138-10 — First home super saver determination

First home super saver determination (1) A first home super saver determination is a written determination stating: (a) your * FHSS maximum release amount; and (b) the amount of each of the following components that make up your FHSS maximum release amount: (i) your * concessional contributions; (ii) your * non ‑ concessional contributions; (iii) your associated earnings. Requesting a first home super saver determination (2) You may request the Commissioner, in the * approved form, to make a * first home super saver determination if: (a) you have never held: (i) a legal interest in an estate in fee simple in real property in Australia; or (ii) a legal interest in a lease of land in Australia (including a renewal or extension of such a lease) as described in paragraph 104 ‑ 115(1)(b) of the Income Tax Assessment Act 1997 ; or (iii) a company title interest (within the meaning of Part X of the Income Tax Assessment Act 1936 ) in land in Australia; and (b) you are 18 years or older; and (c) subsection (2C) applies for you. (2A) If the Commissioner determines that you have suffered a financial hardship, you are taken to have satisfied paragraph (2)(a). (2B) The regulations may specify the circumstances in which the Commissioner is to determine that a person has suffered a financial hardship for the purposes of subsection (2A). (2C) This subsection applies for you if: (a) you have not previously made a valid request for a release authority under Division 131 in relation to a * first home super saver determination made in relation to you; or (b) one of the following subparagraphs applies for each of your previous valid requests for such a release authority: (i) you have withdrawn the request; (ii) the Commissioner has revoked the release authority issued in relation to the request (whether or not the release authority had previously been varied); (iii) after one or more amendments of the request, you have withdrawn the latest of those amended requests; (iv) the Commissioner has revoked the release authority issued in relation to the latest of one or more amendments of the request (whether or not the release authority had previously been varied). Making a first home super saver determination etc. (3) If you make a valid request under subsection (2), the Commissioner must make a * first home super saver determination in relation to you. (5) Notice of a determination given by the Commissioner under this section is prima facie evidence of the matters stated in the notice.

Amendment history: Inserted by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3) | Amended by No 75 of 2023, effective sch 4 (items 14 ‑ 30): 15 Sept 2024 (s 2(1) item 11)

s 138-12 — Withdrawing or amending your request

(1) You may, by notifying the Commissioner in the * approved form, withdraw or amend your valid request made under section 138 ‑ 10 if: (a) in the case of amending your request—you satisfy paragraphs 138 ‑ 10(2)(a) to (c); and (b) the Commissioner has not already made a * first home super saver determination in relation to your request. (2) Your amended request is treated as a valid request under section 138 ‑ 10. (3) Withdrawing your request does not prevent you from making a later request under section 138 ‑ 10.

Amendment history: Inserted by No 75 of 2023, effective sch 4 (items 14 ‑ 30): 15 Sept 2024 (s 2(1) item 11)

s 138-13 — Amending or revoking a first home super saver determination

(1) The Commissioner may decide to: (a) amend a * first home super saver determination made in relation to you if you satisfy paragraphs 138 ‑ 10(2)(a) to (c); or (b) revoke a first home super saver determination made in relation to you; at any time before the Commissioner begins treating, under Division 3 of Part IIB, any credit to which you have become entitled under section 131 ‑ 65 in relation to a release authority relating to the determination. Note: Like other first home super saver determinations, an amended determination will need to comply with Subdivision 138 ‑ B. (2) The Commissioner may make a decision under subsection (1): (a) on the Commissioner’s own initiative; or (b) on application by you to the Commissioner in the * approved form. (3) If a * first home super saver determination is amended or revoked under subsection (1) at a particular time, then at that time: (a) each of the following ceases to be valid or in force: (i) any request under section 131 ‑ 5 for a release authority in relation to that determination; (ii) any release authority issued in relation to such a request; and (b) any entitlement under section 131 ‑ 65 you had to a credit relating to such a request ceases. Note: Paragraphs (a) and (b) apply to a request or release authority whether or not it has been amended or varied. (4) Notice of an amended determination given by the Commissioner under this section is prima facie evidence of the matters stated in the notice. For the purposes of paragraph 131 ‑ 5(3)(c), the Commissioner is treated as issuing the amended determination at the time this notice is given.

Amendment history: Inserted by No 75 of 2023, effective sch 4 (items 14 ‑ 30): 15 Sept 2024 (s 2(1) item 11)

s 138-15 — Review

If you are dissatisfied with: (a) a * first home super saver determination in relation to you; or (b) a decision the Commissioner makes not to make a determination under subsection 138 ‑ 10(2A); or (c) a decision the Commissioner makes under subsection 138 ‑ 13(1): (i) to amend or revoke a determination; or (ii) not to amend or revoke a determination; you may object against the determination, or the decision, as the case requires, in the manner set out in Part IVC.

Amendment history: Inserted by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3) | Amended by No 75 of 2023, effective sch 4 (items 14 ‑ 30): 15 Sept 2024 (s 2(1) item 11)

s 138-20 — What this Subdivision is about

Your FHSS maximum release amount comprises your eligible non ‑ concessional contributions, 85% of your eligible concessional contributions, and your associated earnings. There are limits on the amount of contributions that may be eligible for release. Table of sections Operative provisions 138 ‑ 25 FHSS maximum release amount 138 ‑ 30 FHSS releasable contributions amount 138 ‑ 35 Eligible contributions 138 ‑ 40 Associated earnings

Amendment history: Inserted by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3)

s 138-25 — FHSS maximum release amount

Your FHSS maximum release amount is the sum of: (a) your * FHSS releasable contributions amount worked out under section 138 ‑ 30; and (b) your associated earnings worked out under section 138 ‑ 40.

Amendment history: Inserted by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3)

s 138-30 — FHSS releasable contributions amount

(1) Your FHSS releasable contributions amount is the sum of the following amounts for each * financial year that starts on 1 July 2017 or a later 1 July: (a) your * FHSS eligible non ‑ concessional contributions for the financial year; (b) 85% of your * FHSS eligible concessional contributions for the financial year. Order of counting contributions (2) In determining which contributions are to be counted towards your * FHSS releasable contributions amount, contributions are to be counted in the order in which they were made (from earliest to latest). (3) For subsection (2): (a) if an * FHSS eligible concessional contribution, and an * FHSS eligible non ‑ concessional contribution, is made in respect of you at the same time, the FHSS eligible non ‑ concessional contribution is taken to have been made first; and (b) if, for a particular * financial year, you personally made both * FHSS eligible concessional contributions and * FHSS eligible non ‑ concessional contributions, the FHSS eligible non ‑ concessional contributions are taken to have been made first. Example: For paragraph (b), in the 2018 ‑ 2019 financial year, you made voluntary contributions of $1,000 each fortnight, up to a total of $25,000. At the end of the financial year, you claim a deduction for $15,000 (leaving $10,000 of the contributions as non ‑ concessional contributions). If all of the non ‑ concessional contributions are eligible to be released under section 138 ‑ 35, the first 10 contributions made for the financial year are taken to have been the non ‑ concessional contributions, and the later contributions are taken to be the concessional contributions.

Amendment history: Inserted by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3)

s 138-35 — Eligible contributions

Limits on amount of eligible contributions (1) For the purposes of this Subdivision: (a) the maximum amount of contributions that may be eligible to be released is $50,000; and (b) the maximum amount of contributions made in a particular * financial year that may be eligible to be released is $15,000. Eligible contributions (2) A * concessional contribution, or * non ‑ concessional contribution, for a * financial year is not eligible to be released unless it: (a) is made in respect of you in the financial year; and (b) is: (i) an employer contribution that is not a mandated employer contribution (within the meaning of Part 5 of the Superannuation Industry (Supervision) Regulations 1994 ); or (ii) a member contribution (within the meaning of that Part) that is made by you; other than a contribution to the extent it is required to be made because of a law of the Commonwealth or of a State or Territory, or the rules of the relevant * superannuation fund; and (c) is not a contribution made in respect of a * defined benefit interest; and (d) is not a contribution to a * constitutionally protected fund. (3) If: (a) you have * excess concessional contributions for a * financial year ( your excess amount ); and (b) your excess amount is greater than your * concessional contributions for the financial year that are not eligible to be released under subsection (2) ( your non ‑ eligible contributions ); concessional contributions that are equal to the difference between your excess amount and your non ‑ eligible contributions are not eligible to be released. (4) If: (a) you have * non ‑ concessional contributions for the * financial year that exceed your non ‑ concessional contributions cap for the financial year ( your excess amount ); and (b) your excess amount is greater than your non ‑ concessional contributions for the financial year that are not eligible to be released under subsection (2) ( your non ‑ eligible contributions ); non ‑ concessional contributions that are equal to the difference between your excess amount and your non ‑ eligible contributions are not eligible to be released. (5) For the purposes of this section, disregard paragraph 292 ‑ 90(1)(b) of the Income Tax Assessment Act 1997 . Note: Under paragraph 292 ‑ 90(1)(b) of the Income Tax Assessment Act 1997 , your non ‑ concessional contributions for a financial year would include the amount of your excess concessional contributions (if any) for the financial year.

Amendment history: Inserted by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3) | Amended by No 10 of 2022, effective sch 2: 23 Feb 2022 (s 2(1) item 2)

s 138-40 — Associated earnings

(1) You are taken to have associated earnings equal to the sum of the amounts worked out under subsection (2) for each contribution counted in your * FHSS releasable contributions amount. (2) The amount for a contribution is equal to the sum (rounded down to the nearest dollar) of the amounts worked out under the following formula for each of the days during the period mentioned in subsection (3). where: amount of contribution means the amount of the contribution that is counted in your * FHSS releasable contributions amount. shortfall interest charge rate means the rate, worked out under subsection 280 ‑ 105(2), for the day. sum of earlier daily proxy amounts means the sum of the amounts worked out for the contribution under the formula for each of the earlier days (if any) during the period for the contribution. (3) The period starts: (a) if the contribution is made in the * financial year starting on 1 July 2017—on 1 July 2017; and (b) if the contribution is made in the financial year starting on 1 July 2018, or a later financial year—on the first day of the month in which the contribution is made or taken to have been made (see subsection 138 ‑ 30(2)); and ends on the day the Commissioner makes the * first home super saver determination for which the associated earnings are being worked out.

Amendment history: Inserted by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3)

s 139-1 — What this Division is about

A victim of a specified child abuse offence may access the superannuation of the perpetrator in certain circumstances. The victim may request the Commissioner to provide certain information about the superannuation interests of the perpetrator. If the information is provided, the victim may apply to the Federal Circuit and Family Court of Australia (Division 2) for an order authorising the Commissioner to require the release of amounts from those superannuation interests. Following the making of an order, the Commissioner may require providers to release amounts from the superannuation interests. The Commissioner pays these amounts directly to the victim. There are some circumstances when providers may not be required to release the amounts.

Amendment history: Inserted by No 47 of 2026, effective sch 1 (items 1 ‑ 4): 21 May 2026 (s 2(1) item 1)

s 139-5 — What this Subdivision is about

A victim of a specified child abuse offence may request that the Commissioner provide certain information about the superannuation interests of the perpetrator if there has been a finding of guilt and an order for compensation that is unpaid. Table of sections Operative provisions 139 ‑ 10 Requesting perpetrator superannuation information 139 ‑ 15 Meaning of specified child abuse offence 139 ‑ 20 Requirements for requests 139 ‑ 25 Decision on request 139 ‑ 30 Perpetrator superannuation information to be disclosed by Commissioner 139 ‑ 35 Commissioner must notify perpetrator of disclosure

s 139-10 — Requesting perpetrator superannuation information

(1) A request may be made to the Commissioner for information about the * superannuation interests of the perpetrator of a * specified child abuse offence. (2) The request may be made by a victim of the offence, or on behalf of the victim by: (a) a * legal practitioner representing the victim; or (b) the victim’s * legal personal representative; or (c) in the case of a victim who is under 18 years of age on the date on which the request is made: (i) the victim’s parent; or (ii) a person who has been granted (whether alone or jointly with another person or persons) guardianship of the victim under a law of the Commonwealth or of a State or Territory; or (d) a person who provides the victim with financial and counselling services for the predominant purpose of assisting the victim to resolve financial difficulties; or (e) the victim’s * registered tax agent. (3) The request may only be made if the person making it reasonably believes that the circumstances mentioned in paragraphs 139 ‑ 55(1)(a) to (e) (which are about criteria for the making of a perpetrator contributions release order) exist in relation to the offence.

s 139-15 — Meaning of specified child abuse offence

(1) Specified child abuse offence means: (a) a child sexual abuse offence within the meaning of subsection 3(1) of the Crimes Act 1914 ; or (b) an offence against a provision of Division 270 or 271 of the Criminal Code (other than an offence against a provision mentioned in subsection (2)), if the victim is under 18 years of age at the time the offence is committed. (2) For the purposes of paragraph (1)(b), the provisions are: (a) subsection 271.2(1), (1A), (1B), (1C), (2), (2A), (2B) or (2C) (trafficking in persons); and (b) subsection 271.3(1) (trafficking in persons—aggravated offence); and (c) subsection 271.5(1), (2), (2A) or (2B) (domestic trafficking in persons); and (d) subsection 271.6(1) (domestic trafficking in persons—aggravated offence); and (e) subsection 271.7B(1) or (2) (organ trafficking—entry into and exit from Australia); and (f) subsection 271.7C(1) (organ trafficking—aggravated offence); and (g) section 271.7D (domestic organ trafficking); and (h) subsection 271.7E(1) (domestic organ trafficking—aggravated offence); and (i) subsection 271.7F(1) (harbouring a victim).

s 139-20 — Requirements for requests

The request must: (a) be in the * approved form; and (b) be accompanied by a statutory declaration by the person making the request stating that: (i) the person reasonably believes that the circumstances mentioned in paragraphs 139 ‑ 55(1)(a) to (e) exist; and (ii) the person understands that disclosing any information given by the Commissioner under subsection 139 ‑ 25(1) other than for the purposes of making an application under section 139 ‑ 55 or in a proceeding for an order under section 139 ‑ 60 is an offence against section 355 ‑ 155; and (iii) the person understands that making a false statement in a statutory declaration is an offence against section 11 of the Statutory Declarations Act 1959 ; and (c) if the perpetrator has been convicted of the * specified child abuse offence—be accompanied by evidence of the conviction; and (d) be accompanied by a copy of the order mentioned in paragraph 139 ‑ 55(1)(b); and (e) state the date on which the victim alleges that the conduct constituting the offence first occurred.

s 139-25 — Decision on request

(1) If the Commissioner is satisfied that the request meets the requirements in section 139 ‑ 20, the Commissioner must disclose the information mentioned in section 139 ‑ 30 to the person who made the request. (2) The disclosure is for either or both of the following purposes: (a) making an application under section 139 ‑ 55; (b) a proceeding for an order under section 139 ‑ 60. (3) If the Commissioner discloses information under subsection (1), the Commissioner must also give the person who made the request a notice stating the start and end dates of the period mentioned in paragraph 139 ‑ 30(1)(a).

s 139-30 — Perpetrator superannuation information to be disclosed by Commissioner

(1) The information to be provided by the Commissioner upon request is: (a) the sum of the contributions covered by subsection (3) made to a * superannuation plan for the benefit of the perpetrator in the period: (i) beginning on the day that is 10 years before the first day on which the victim alleges that the conduct constituting the * specified child abuse offence occurred; and (ii) ending on the day on which the request is given to the Commissioner; and (b) if the most recent * total superannuation balance of the perpetrator that is known to the Commissioner is lower than the sum of the contributions determined under paragraph (a)—that total superannuation balance. Working out the amount of concessional contributions (2) In working out the sum of the contributions in paragraph (1)(a), the amount of a contribution that is a * concessional contribution is to be worked out using the following formula: Covered contributions (3) A contribution is covered by this subsection if: (a) it is a contribution of any of the following kinds: (i) a member contribution (within the meaning of Part 5 of the Superannuation Industry (Supervision) Regulations 1994 ); (ii) a * reportable employer superannuation contribution made in relation to the financial year beginning on 1 July 2009 or a later financial year; (iii) an employer contribution made in relation to the financial year beginning on 1 July 2008 or an earlier financial year that is not a mandated employer contribution (within the meaning of Part 5 of the S uperannuation Industry (Supervision) Regulations 1994 ); and (b) it is not an excepted contribution mentioned in subsection (4). Excepted contributions (4) For the purposes of paragraph (3)(b), excepted contributions are the following: (a) a contribution to the extent that it is required to be made because of a law of the Commonwealth or of a State or Territory, or the rules of the relevant superannuation fund; (b) a contribution made in respect of a * defined benefit interest; (c) a Government co ‑ contribution made under the Superannuation (Government Co ‑ contribution for Low Income Earners) Act 2003 ; (d) a contribution that is an amount transferred from a * KiwiSaver scheme to a * complying superannuation fund that is: (i) an * Australian ‑ sourced amount; or (ii) a * returning New Zealand ‑ sourced amount; (e) a contribution that is a * contributions ‑ splitting benefit; (f) a contribution made in relation to a financial year before the financial year beginning on 1 July 2002.

s 139-35 — Commissioner must notify perpetrator of disclosure

(1) If the Commissioner discloses information under subsection 139 ‑ 25(1), the Commissioner must give notice to the perpetrator. (2) The Commissioner must give notice as soon as practicable after making the disclosure. (3) The notice: (a) must include a copy of the information that has been disclosed; and (b) must not state the name of the person who made the request or the victim.

s 139-50 — What this Subdivision is about

If information is provided under Subdivision 139 ‑ A, a victim may apply to the Federal Circuit and Family Court of Australia (Division 2) to authorise the Commissioner to require the release of amounts from the superannuation interests of perpetrators. The perpetrator is required to notify the Court about certain applications, restraining orders or bankruptcy (which may affect superannuation interests). The Court may stay proceedings until these applications are finally determined, restraining orders lifted or bankruptcy is discharged. Table of sections Operative provisions 139 ‑ 55 Application for perpetrator contributions release order 139 ‑ 60 Court may make perpetrator contributions release order 139 ‑ 65 No publication of name of victim 139 ‑ 70 Intervention by Commissioner 139 ‑ 75 Stay of proceedings 139 ‑ 80 When an application is finally determined 139 ‑ 85 Grounds on which perpetrator may oppose making of order 139 ‑ 90 Perpetrator must notify Court about certain things 139 ‑ 95 Applicant must give Commissioner a copy of perpetrator contributions release order and nominate bank details

s 139-55 — Application for perpetrator contributions release order

(1) A victim of a * specified child abuse offence may apply to the Federal Circuit and Family Court of Australia (Division 2) for an order under section 139 ‑ 60 if: (a) the perpetrator of the offence has been convicted or found guilty of the offence; and (b) a court has made an order requiring the perpetrator to pay compensation to the victim of the offence for injury, loss or damage suffered by the victim as a direct result of conduct that constituted the offence, whether: (i) the order was made before or after the conviction or finding of guilt; and (ii) the order was made by the court that convicted the perpetrator or made the finding of guilt or a different court in civil proceedings; and (c) a period of at least 12 months has passed since the day on which the order was made; and (d) the perpetrator has not paid in full the amount of compensation specified in the order; and (e) the period within which recovery of the amount may be pursued in a court in the jurisdiction where the order was made has not expired; and (f) the Commissioner has disclosed superannuation information relating to the perpetrator under subsection 139 ‑ 25(1). (2) The application must: (a) state: (i) the amount of compensation that the perpetrator is required to pay the victim under the order mentioned in paragraph (1)(b); and (ii) the period within which recovery of the amount may be pursued in a court in the jurisdiction where the order was made; and (iii) the amount of compensation that the perpetrator has paid the victim (if any); and (iv) the day that is 10 years before the first day on which the victim alleges that the conduct constituting the * specified child abuse offence first occurred; and (b) be accompanied by a copy of: (i) the order mentioned in paragraph (1)(b); and (ii) the information mentioned in paragraph (1)(f); and (c) name the perpetrator as a respondent. (3) The applicant must give a copy of the application to the Commissioner as soon as practicable after making the application. (4) The copy of the application served on the perpetrator by the applicant must be accompanied by a notice setting out the perpetrator’s obligations to notify the Court under section 139 ‑ 90.

s 139-60 — Court may make perpetrator contributions release order

(1) On application under subsection 139 ‑ 55(1), the Federal Circuit and Family Court of Australia (Division 2) may order that the Commissioner is authorised to exercise the power under subsection 139 ‑ 115(1) in relation to any * superannuation interest of the perpetrator up to a specified amount if: (a) the Court is satisfied that the circumstances mentioned in paragraphs 139 ‑ 55(1)(a) to (e) exist; and (b) the Court has not been made aware by a party to the proceeding that there are any applications mentioned in subsection (2) in relation to the perpetrator that have been made and not finally determined; and (c) the Court has not been made aware by a party to the proceeding that the perpetrator is a bankrupt under the Bankruptcy Act 1966 in respect of a bankruptcy from which the perpetrator has not been discharged; and (d) the Court has not been made aware by a party to the proceeding that a restraining order (within the meaning of the Bankruptcy Act 1966 ) in relation to the perpetrator’s superannuation interests is in force. Note: The perpetrator must give the Court notice about the status of applications mentioned in paragraphs (2)(a) to (e), bankruptcy, and restraining orders mentioned in paragraph (1)(d): see section 139 ‑ 90. (2) For the purposes of paragraph (1)(b), the applications are: (a) an application for an order under the Bankruptcy Act 1966 that relates to: (i) the bankruptcy of the perpetrator; or (ii) the perpetrator’s capacity as a debtor subject to a personal insolvency agreement; or (iii) a debt agreement to which the perpetrator is a party (as a debtor); or (b) an application for an order under section 79, 90SM, 90YX or 90YY of the Family Law Act 1975 in relation to the perpetrator; or (c) an application for an order under section 205ZG of the Family Court Act 1997 (WA) in relation to the perpetrator; or (d) an application for a forfeiture order mentioned in subregulation 5.08(1A) of the Superannuation Industry (Supervision) Regulations 1994 in relation to the perpetrator’s * superannuation interests; or (e) an application for a superannuation order under Part 2 of the Crimes (Superannuation Benefits) Act 1989 or Division 2 of Part VA of the Australian Federal Police Act 1979 in relation to the perpetrator; or (f) an application for a restraining order (within the meaning of the Bankruptcy Act 1966 ) in relation to the perpetrator’s superannuation interests. (3) The amount specified in the order must not exceed the lesser of the following amounts: (a) the sum of contributions disclosed by the Commissioner under subsection 139 ‑ 25(1); (b) the outstanding amount of compensation the perpetrator is required to pay the victim under the order mentioned in paragraph 139 ‑ 55(1)(b).

s 139-65 — No publication of name of victim

(1) The Federal Circuit and Family Court of Australia (Division 2) must not publish (in electronic form or otherwise), in relation to a proceeding under section 139 ‑ 60, the name of the victim. (2) The Federal Court must not publish (in electronic form or otherwise), in relation to an appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) in a proceeding under section 139 ‑ 60, the name of the victim.

s 139-70 — Intervention by Commissioner

(1) The Commissioner may, with the leave of the Court and subject to any conditions imposed by the Court, intervene in a proceeding for an order under section 139 ‑ 60. (2) If the Commissioner intervenes in a proceeding, the Commissioner is taken to be a party to the proceeding and has all the rights, duties and liabilities of such a party.

s 139-75 — Stay of proceedings

(1) The Court may order that the proceedings for an order under section 139 ‑ 60 be stayed if the Court is made aware by a party to the proceeding that: (a) an application mentioned in subsection 139 ‑ 60(2) has been made; or (b) the perpetrator is a bankrupt under the Bankruptcy Act 1966 in respect of a bankruptcy from which the perpetrator has not been discharged; or (c) a restraining order (within the meaning of the Bankruptcy Act 1966 ) in relation to the perpetrator’s * superannuation interests is in force. (2) The Court may continue the stay until: (a) for paragraph (1)(a)—the application is finally determined; or (b) for paragraph (1)(b)—the perpetrator is discharged from the bankruptcy; or (c) for paragraph (1)(c)—the restraining order is no longer in force.

s 139-80 — When an application is finally determined

Without limiting paragraph 139 ‑ 60(1)(b) or 139 ‑ 75(2)(a), an application mentioned in subsection 139 ‑ 60(2) is finally determined: (a) when the application is withdrawn; or (b) if the application is dismissed and an appeal against the decision to dismiss the application is made—when the appeal is withdrawn or determined; or (c) if the application is dismissed and an appeal against the decision to dismiss the application is not made—when the appeal period in respect of the decision to dismiss the application has ended; or (d) if an order (other than an interim order) is made as a result of the application—when the appeal period in respect of the order has ended.

s 139-85 — Grounds on which perpetrator may oppose making of order

(1) The perpetrator cannot oppose the making of an order under section 139 ‑ 60 on any grounds other than the following: (a) one or more of the circumstances mentioned in paragraphs 139 ‑ 55(1)(a) to (e) do not exist; (b) that the sum of contributions disclosed by the Commissioner under subsection 139 ‑ 25(1) was incorrect; (c) that the date on which the victim alleges that the conduct constituting the * specified child abuse offence first occurred is incorrect and that because the date is incorrect, the sum of contributions disclosed by the Commissioner under subsection 139 ‑ 25(1) is incorrect; (d) any of the other matters stated in the application for the order are incorrect; (e) any other matter to which the Court grants the perpetrator leave to object. (2) In opposing the making of an order on the ground mentioned in paragraph (1)(b), the perpetrator has the burden of proving that the amount of contributions disclosed was incorrect. (3) In opposing the making of an order on the ground mentioned in paragraph (1)(c), the perpetrator has the burden of proving: (a) that the date on which the victim alleges that the conduct constituting the * specified child abuse offence first occurred is incorrect; and (b) that, because of the incorrect date, the sum of contributions disclosed by the Commissioner under subsection 139 ‑ 25(1) is incorrect.

s 139-90 — Perpetrator must notify Court about certain things

Circumstances existing when application is made (1) The perpetrator must notify the Court if any of the following circumstances exist at the time the perpetrator is given notice of the application under section 139 ‑ 55: (a) an application mentioned in subsection 139 ‑ 60(2) (other than in paragraph (f)) has been made in relation to the perpetrator and has not been finally determined; (b) the perpetrator is aware that an application for a restraining order has been made in relation to the perpetrator’s * superannuation interests and has not been finally determined; (c) a restraining order is in force in relation to the perpetrator’s superannuation interests; (d) the perpetrator is a bankrupt in respect of a bankruptcy from which the perpetrator has not been discharged. (2) The notice must be given as soon as practicable after the perpetrator is given notice of the application made under section 139 ‑ 55. Things happening after application has been made (3) The perpetrator must notify the Court if any of the following events occur after the perpetrator is given notice of the application under section 139 ‑ 55 (but before the application is finally determined): (a) an application mentioned in subsection 139 ‑ 60(2) (other than in paragraph (f)) is made in relation to the perpetrator; (b) an application mentioned in subsection 139 ‑ 60(2) (other than in paragraph (f)) in relation to the perpetrator is finally determined; (c) a restraining order is made in relation to the perpetrator’s * superannuation interests; (d) a restraining order made in relation to the perpetrator’s superannuation interests ceases to be in force; (e) the perpetrator becomes bankrupt; (f) the perpetrator’s bankruptcy is discharged. (4) The notice must be given as soon as practicable after the event occurs. Offence (5) A person commits an offence if: (a) the person is subject to a requirement under subsection (1) or (3); and (b) the person fails to comply with the requirement. Penalty: 50 penalty units.

s 139-95 — Applicant must give Commissioner a copy of perpetrator contributions release order and nominate bank details

If the Court makes an order under section 139 ‑ 60, the applicant must, as soon as practicable, give the Commissioner: (a) a sealed copy of the order; and (b) a nomination, in the * approved form, of a financial institution account into which the Commissioner is to pay any amounts released.

s 139-110 — What this Subdivision is about

Following the making of an order under Subdivision 139 ‑ B, the Commissioner may require superannuation providers to release amounts from the superannuation interests of the perpetrator of the specified child abuse offence. The Commissioner pays released amounts directly to the victim. There are some circumstances when providers may not be required to release the amounts. Table of sections Operative provisions 139 ‑ 115 Issuing release authorities 139 ‑ 120 Amount to be stated in a release authority 139 ‑ 125 Contents of a release authority 139 ‑ 130 Varying or revoking a release authority 139 ‑ 135 Obligations of superannuation providers 139 ‑ 140 Voluntary compliance with a release authority relating to defined benefit interests 139 ‑ 145 Notifying Commissioner 139 ‑ 150 Notifying perpetrator and victim 139 ‑ 155 Compensation for acquisition of property 139 ‑ 160 Payment to victim 139 ‑ 165 Recovery of amounts paid in excess of unpaid compensation 139 ‑ 170 Income tax treatment of amounts released—proportioning rule does not apply

s 139-115 — Issuing release authorities

(1) If an order under section 139 ‑ 60 in respect of a * specified child abuse offence is given to the Commissioner, the Commissioner must issue one or more release authorities to one or more * superannuation providers that hold * superannuation interests for the perpetrator of the offence. Note: The purpose of the release authority is to allow the Commissioner to pay the victim an amount that meets a debt the perpetrator owes the victim under an order mentioned in paragraph 139 ‑ 55(1)(b). (2) The Commissioner must not issue a release authority under subsection (1) to either of the following: (a) an * RSA provider that is not a * constitutional corporation; (b) a trustee of a * superannuation fund that is not a regulated superannuation fund.

s 139-120 — Amount to be stated in a release authority

The amount to be released from one or more * superannuation interests under a release authority issued under section 139 ‑ 115 must be worked out so that either: (a) the amount released equals (but does not exceed) the amount specified in the order made under section 139 ‑ 60; or (b) if the amount released falls short of the amount specified in the order made under section 139 ‑ 60—the Commissioner: (i) has issued at least one release authority to each * superannuation provider that the Commissioner is aware could be given a release authority under section 139 ‑ 115; and (ii) has received in response to each such release authority either an amount paid under subsection 139 ‑ 135(1), or a notice under subsection 139 ‑ 145(2); and (iii) is satisfied that issuing further release authorities will not increase the total amount released.

s 139-125 — Contents of a release authority

Each release authority issued under section 139 ‑ 115 must: (a) be issued to a single * superannuation provider; and (b) state the amount to be released from each * superannuation interest under the release authority; and (c) be dated; and (d) identify that it is a release authority issued following an order under section 139 ‑ 60; and (e) contain any other information that the Commissioner considers relevant.

s 139-130 — Varying or revoking a release authority

(1) The Commissioner may decide to vary or revoke a release authority issued under section 139 ‑ 115 at any time before the Commissioner is given notice under section 139 ‑ 145 relating to the release authority. Reissuing varied release authorities (2) If the Commissioner varies a release authority under this section at a particular time, then: (a) at that time, the release authority (as issued before the variation) ceases to be in force; and (b) the Commissioner must reissue the release authority (as varied) under section 139 ‑ 115.

s 139-135 — Obligations of superannuation providers

(1) A * superannuation provider issued with a release authority under section 139 ‑ 115 must, within 10 * business days after the release authority is issued (or a further period allowed by the Commissioner), pay to the Commissioner the lesser of: (a) the amount stated in the release authority; and (b) the sum of the * maximum available release amounts for each * superannuation interest held by the superannuation provider in * superannuation plans for the perpetrator. Note 1: Subsection 288 ‑ 95(5) provides for an administrative penalty for failing to comply with this section. Note 2: For the taxation treatment of the payment, see section 139 ‑ 170. Exception—defined benefit interests not subject to compulsory release (2) However, the * maximum available release amount for a * superannuation interest is not to be included in the sum worked out under paragraph (1)(b) if the interest is a * defined benefit interest. Other exceptions (3) A * superannuation provider issued with a release authority under section 139 ‑ 115 is not required to pay the Commissioner the amount mentioned in subsection (1) to the extent that doing so would be inconsistent with any of the following orders: (a) a forfeiture order mentioned in subregulation 5.08(1A) of the Superannuation Industry (Supervision) Regulations 1994 ; (b) a restraining order within the meaning of the Bankruptcy Act 1966 ; (c) a superannuation order under Part 2 of the Crimes (Superannuation Benefits) Act 1989 ; (d) a superannuation order under Division 2 of Part VA of the Australian Federal Police Act 1979 . (4) A * superannuation provider issued with a release authority under section 139 ‑ 115 is also not required to pay the Commissioner the amount mentioned in subsection (1) if: (a) a payment flag (within the meaning of Part VIIIB or Part VIIIC of the Family Law Act 1975 ) is operating on the * superannuation interest; or (b) the superannuation provider is required to give the perpetrator a payment split notice under regulation 7A.03 of the Superannuation Industry (Supervision) Regulations 1994 and, at the time the release authority is issued: (i) the superannuation provider has not given the notice; or (ii) the superannuation provider has given the notice and any of the circumstances mentioned in subsection (5) apply; or (c) the superannuation provider: (i) has been given a request under regulation 7A.03C, 7A.03D, 7A.03E, 7A.05, 7A.06 or 7A.07 of the Superannuation Industry (Supervision) Regulations 1994 ; and (ii) is required under regulation 7A.03G or 7A.09 of those Regulations to give effect to the request; and (iii) has not given effect to the request. (5) For the purposes of subparagraph (4)(b)(ii), the circumstances are: (a) the period by which a request mentioned in subparagraph (4)(c)(i) must be made has not ended; or (b) the period by which a request mentioned in subparagraph (4)(c)(i) must be made has ended and the superannuation provider: (i) has not been given a request; and (ii) intends to take an action mentioned in subregulation 7A.03H(1) or (4) or 7A.10(1) of the Superannuation Industry (Supervision) Regulations 1994 .

s 139-140 — Voluntary compliance with a release authority relating to defined benefit interests

(1) A * superannuation provider issued with a release authority under section 139 ‑ 115 may, within 10 * business days after the release authority is issued (or a further period allowed by the Commissioner), pay to the Commissioner the lesser of: (a) the amount stated in the release authority; and (b) the sum of the * maximum available release amounts for each * defined benefit interest held by the superannuation provider in * superannuation plans for the perpetrator. (2) For the purposes of paragraph (1)(a), reduce the amount mentioned in that paragraph by any amount the provider pays under subsection 139 ‑ 135 in relation to the release authority.

s 139-145 — Notifying Commissioner

(1) A * superannuation provider issued with a release authority under section 139 ‑ 115 must notify the Commissioner of a payment made in accordance with this Subdivision. (2) A * superannuation provider that: (a) has been issued with a release authority under section 139 ‑ 115; and (b) is not required to pay an amount under section 139 ‑ 135, or is required under that section to pay an amount less than the amount stated in the release authority; must notify the Commissioner that the provider is not required to comply with the release authority. (3) If a * superannuation provider is not required to pay an amount because of subsection 139 ‑ 135(3) or (4), or is not required to pay the whole of the amount because of those subsections, a notice under subsection (2) of this section must also state: (a) the reason why the provider is not required to pay the amount or is not required to pay the whole of the amount; and (b) in the case where the provider is not required to pay the amount because of paragraph 139 ‑ 135(4)(b) — the date on which the provider expects that it will have completed arrangements to give effect to the payment split. (4) A notice under this section must: (a) be given in the * approved form within the period applying under subsection 139 ‑ 135(1) or 139 ‑ 140(1) for the release authority; and (b) if the provider is not required to pay the amount or is not required to pay the whole of the amount—state the reason why the provider is not required to pay the amount or is not required to pay the whole of the amount; and (c) if paragraph 139 ‑ 135(4)(b) applies — state the date on which the provider expects that it will have completed arrangements to give effect to the payment split. Note: Subsection 286 ‑ 75(1) provides for an administrative penalty for failing to comply with this section.

s 139-150 — Notifying perpetrator and victim

(1) The Commissioner must notify the perpetrator and the victim in respect of whom an order under section 139 ‑ 60 has been made as soon as practicable after: (a) the total amount paid to the Commissioner under release authorities issued under subsection 139 ‑ 115(1) reaches the amount specified in the order; or (b) the Commissioner is satisfied, under subparagraph 139 ‑ 120(b)(iii), that issuing further release authorities will not increase the total amount released. (2) A notice given to the perpetrator under subsection (1) must: (a) be in writing; and (b) identify the * superannuation providers to whom any release authorities were issued; and (c) state the total amount that was paid under the release authorities; and (d) state that the Commissioner will not issue further release authorities in respect of the order. (3) A notice given to the victim under subsection (1) must: (a) be in writing; and (b) state the total amount that was paid under the release authorities; and (c) state that the Commissioner will not issue further release authorities in respect of the order.

s 139-155 — Compensation for acquisition of property

(1) If the operation of section 139 ‑ 115 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from an entity otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the entity. (2) If the Commonwealth and the entity do not agree on the amount of the compensation, the entity may institute proceedings in: (a) the Federal Court of Australia; or (b) the Supreme Court of a State or Territory; for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

s 139-160 — Payment to victim

(1) If a * superannuation provider pays an amount in relation to a release authority issued under section 139 ‑ 115, the Commissioner must, on behalf of the Commonwealth, pay an amount equal to the released amount to the credit of the account nominated by the victim under paragraph 139 ‑ 95(b). (2) The perpetrator’s liability to pay the victim compensation under an order mentioned in paragraph 139 ‑ 55(1)(b) is reduced by the amount paid under subsection (1) of this section. Note: For the purposes of this Division, the Commissioner may make entries in non ‑ RBA accounts to reflect that an amount released from the perpetrator’s superannuation interests is effectively transferred to the account nominated by the victim. (3) The perpetrator is not entitled to be paid any amount in connection with the released amount. (4) If: (a) an amount mentioned in subsection (1) is to be paid to the credit of the account nominated by the applicant under section 139 ‑ 95(b); and (b) a court order in the nature of a garnishee order comes into force in relation to the account; the court order mentioned in paragraph (b) does not apply to the amount before it is paid into the account.

s 139-165 — Recovery of amounts paid in excess of unpaid compensation

If the sum of the amounts paid by the Commissioner under section 139 ‑ 160 exceeds the amount of unpaid compensation to which the victim is entitled from the perpetrator under the order mentioned in paragraph 139 ‑ 55(1)(b), then the excess: (a) is payable by the victim to the perpetrator; and (b) is a debt due by the victim to the perpetrator; and (c) may be recovered by action in a court of competent jurisdiction by the perpetrator.

s 139-170 — Income tax treatment of amounts released—proportioning rule does not apply

Section 307 ‑ 125 of the Income Tax Assessment Act 1997 (the proportioning rule) does not apply to a payment made as required or permitted under this Subdivision. Note: The income tax treatment of released amounts is also affected by section 303 ‑ 15 of that Act.

s 145-1 — What this Division is about

The Commissioner can make an assessment of diverted profits tax. The entity that is the subject of the assessment can appeal to the Federal Court against the Commissioner’s decision to make the assessment. Such an appeal can be made generally no earlier than 12 months after the day on which the Commissioner first gives notice of the assessment to the entity. Table of sections 145 ‑ 5 DPT assessments—modified application of Division 155 145 ‑ 10 When DPT assessments can be made 145 ‑ 15 Period of review of DPT assessments 145 ‑ 20 Review of assessments 145 ‑ 25 Restricted DPT evidence

Amendment history: Inserted by No 27 of 2017, effective sch 1 (items 44 ‑ 49, 52), sch 2: 1 July 2017 (s 2(1) items 4, 5)

s 145-5 — DPT assessments—modified application of Division 155

In applying Division 155 in relation to an amount of * diverted profits tax: (a) apply the provisions of that Division with the modifications set out in sections 145 ‑ 10 to 145 ‑ 25; and (b) disregard sections 155 ‑ 15, 155 ‑ 20, 155 ‑ 25, 155 ‑ 30, 155 ‑ 40, 155 ‑ 45, 155 ‑ 50, 155 ‑ 55 and 155 ‑ 70.

Amendment history: Inserted by No 27 of 2017, effective sch 1 (items 44 ‑ 49, 52), sch 2: 1 July 2017 (s 2(1) items 4, 5)

s 145-10 — When DPT assessments can be made

Despite subsection 155 ‑ 5(1), the Commissioner can make an assessment (the DPT assessment ) of the amount of * diverted profits tax only at a time in the period: (a) starting on the day on which the Commissioner first gives the entity that is the subject of the assessment a notice of assessment under Part IV of the Income Tax Assessment Act 1936 for the income year mentioned in paragraph 177J(1)(a) of the Income Tax Assessment Act 1936 (as that paragraph applies in relation to the amount of diverted profits tax); and (b) ending on the last day of the period of 7 years starting the day after that day.

Amendment history: Inserted by No 27 of 2017, effective sch 1 (items 44 ‑ 49, 52), sch 2: 1 July 2017 (s 2(1) items 4, 5)

s 145-15 — Period of review of DPT assessments

(1) Despite subsection 155 ‑ 35(2), the period of review , for the * DPT assessment, is: (a) the period: (i) starting on the day on which the Commissioner first gives notice of the assessment to the entity that is the subject of the assessment under section 155 ‑ 10; and (ii) ending on the last day of the period of 12 months starting the day after that day; or (b) if: (i) the entity, by written notice given to the Commissioner, specifies a shorter period in accordance with subsection (2); and (ii) the Federal Court of Australia has not made an order under subsection (3) in respect of the written notice; that shorter period; or (c) if the period of review is extended under subsection 155 ‑ 35(3) or (4)—the period as so extended. (2) For the purposes of subparagraph (1)(b)(i), the shorter period must: (a) start on the day mentioned in subparagraph (1)(a)(i); and (b) end on a day that is at least 30 days after the day on which the entity gives the written notice to the Commissioner. (3) For the purposes of subparagraph (1)(b)(ii), the Federal Court of Australia may make an order under this subsection in respect of the written notice if: (a) the Commissioner has started to examine the entity’s affairs in relation to the assessment; and (b) the Commissioner has not completed the examination within the shorter period specified in the written notice; and (c) the Commissioner, within 30 days after the day on which the entity gives the written notice to the Commissioner, applies to the Court for the order; and (d) the Court is satisfied that it was not reasonably practicable, or it was inappropriate, for the Commissioner to complete the examination within the shorter period specified in the written notice, because of: (i) any action taken by the entity; or (ii) any failure by the entity to take action that it would have been reasonable for the entity to take. (4) Despite subsection 155 ‑ 35(5), in relation to the * DPT assessment: (a) an order may be made under subsection 155 ‑ 35(3) only once; and (b) consent may be given under subsection 155 ‑ 35(4) only once.

Amendment history: Inserted by No 27 of 2017, effective sch 1 (items 44 ‑ 49, 52), sch 2: 1 July 2017 (s 2(1) items 4, 5)

s 145-20 — Review of assessments

(1) Section 155 ‑ 90 does not apply during the * period of review mentioned in section 145 ‑ 15. (2) In applying Part IVC of this Act as a result of section 155 ‑ 90 after the end of that * period of review: (a) have regard only to the provisions of that Part mentioned in subsection (3); and (b) apply those provisions with the modifications set out in subsection (4); and (c) disregard the other provisions of that Part; and (d) apply section 145 ‑ 25 (restricted DPT evidence). (3) For the purposes of paragraph (2)(a), the provisions of that Part are as follows: (a) sections 14ZL and 14ZP; (b) subsection 14ZR(1); (c) subsection 14ZZ(1); (d) Division 5 (apart from section 14ZZS). (4) For the purposes of paragraph (2)(b), the modifications are as follows: (a) treat the Commissioner’s decision to make the * DPT assessment as an objection decision; (b) treat subsection 14ZZ(1) as reading “The entity that is the subject of the DPT assessment may appeal to the Federal Court of Australia against the objection decision.”; (c) treat the reference in section 14ZZN to “within 60 days after the person appealing is served with notice of the decision” as being a reference to “within 60 days after the end of the period of review mentioned in section 145 ‑ 15 in Schedule 1”; (d) disregard paragraph 14ZZO(a); (e) treat paragraph 14ZZO(b) as reading “the appellant has the burden of proving that the DPT assessment is excessive or otherwise incorrect and what the DPT assessment should have been”; (f) treat the reference in section 14ZZR to a taxation decision as being a reference to the Commissioner’s decision to make the DPT assessment.

Amendment history: Inserted by No 27 of 2017, effective sch 1 (items 44 ‑ 49, 52), sch 2: 1 July 2017 (s 2(1) items 4, 5)

s 145-25 — Restricted DPT evidence

(1) * Restricted DPT evidence is not admissible in evidence in proceedings under Part IVC on an appeal to the Federal Court of Australia related to the * DPT assessment. (2) Restricted DPT evidence means information or documents that: (a) the entity that is the subject of the * DPT assessment (or an associate (within the meaning of section 318 of the Income Tax Assessment Act 1936 ) of that entity), had in its custody or under its control at a time before, during or after the * period of review; and (b) the Commissioner did not have in his or her custody or under his or her control at any time in the period of review. (3) Subsection (1) does not prevent * restricted DPT evidence from being admissible in evidence in the proceedings if: (a) the Commissioner consents to the admission of the restricted DPT evidence in accordance with subsection (4); or (b) the court in which the proceedings take place considers that the admission of the restricted DPT evidence is necessary in the interests of justice; or (c) the restricted DPT evidence is expert evidence that: (i) comes into existence after the * period of review; and (ii) is based on evidence that the Commissioner had in his or her custody or under his or her control at any time in the period of review. (4) For the purposes of paragraph (3)(a), the Commissioner may give the consent if the Commissioner considers that it is reasonable to do so. (5) In making a decision under paragraph (3)(a) or (b), the Commissioner or the court must have regard to: (a) whether, if the * restricted DPT evidence were not admissible in evidence in the proceedings, the remaining information or documents that are relevant to the proceedings are, or are likely to be, misleading; and (b) whether it would have been reasonable for the entity that is the subject of the * DPT assessment (or the associate of that entity mentioned in paragraph (2)(a)) to have given the Commissioner the restricted DPT evidence within the * period of review. (6) The Commissioner must give a consent for the purposes of paragraph (3)(a) if failure to do so would have the effect, for the purposes of the Constitution, of making any tax or penalty incontestable. (7) A consent for the purposes of paragraph (3)(a) is to be in writing. (8) If the Commissioner gives a consent for the purposes of paragraph (3)(a), the Commissioner must give the entity that is the subject of the * DPT assessment a copy of the consent as soon as practicable afterwards.

Amendment history: Inserted by No 27 of 2017, effective sch 1 (items 44 ‑ 49, 52), sch 2: 1 July 2017 (s 2(1) items 4, 5)

s 155-1 — What this Division is about

This Division contains rules relating to assessments. The rules in this Division deal with the following: (a) how assessments are made or amended and their effect; (b) review of assessments.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-5 — Commissioner may make assessment

(1) The Commissioner may at any time make an assessment of an * assessable amount (including an assessment that the amount is nil). Note 1: For amendment of assessments, see Subdivision 155 ‑ B. Note 2: An assessment can be reviewed: see Subdivision 155 ‑ C. (2) Each of the following is an assessable amount : (a) a * net amount; (b) a * net fuel amount; (c) an amount of * indirect tax not included in an amount covered by another paragraph of this subsection; (d) a credit under an * indirect tax law not included in an amount covered by another paragraph of this subsection; (f) an amount of * Division 293 tax payable for an income year in relation to an individual’s * taxable contributions for the income year; (fa) an amount of * Division 296 tax payable for an income year in relation to an individual’s * taxable superannuation earnings for the income year; (g) an amount of * excess exploration credit tax for an income year; (h) an amount of * excess transfer balance tax payable for an * excess transfer balance period; (i) an amount of levy under the Major Bank Levy Act 2017 for a * quarter; (ia) an amount of * Australian IIR/UTPR tax; (ib) an amount of * Australian DMT tax; (j) an amount of * diverted profits tax; Note: This Division has a modified operation in relation to diverted profits tax (see Division 145). (k) an amount of * first home super saver tax for an income year; (l) an amount of * Laminaria and Corallina decommissioning levy for a financial year; (m) an amount of * build to rent development misuse tax.

Amendment history: Amended by No 14 of 2012, effective sch 1, sch 2 (items 1 ‑ 9): 1 July 2012 (s 2(1) items 2, 3) sch 2 (items 17 ‑ 28): never commenced (s 2(1) item 4) | Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8) | Amended by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 96 of 2014, effective sch 1 (items 54 ‑ 108, 122 ‑ 124), sch 2 (items 41 ‑ 43): 30 Sept 2014 (s 2(1) item 2, F2014L01256) | Amended by No 21 of 2015, effective sch 1 (items 18 ‑ 49), sch 5, sch 7 (items 33 ‑ 43): 20 Mar 2015 (s 2(1) items 2, 6, 15) sch 2 (items 39 ‑ 46): 1 May 2015 (s 2(1) item 3) sch 4 (items 8, 9): 1 July 2015 (s 2(1) item 5) sch 6 (items 26 ‑ 37, 73): 19 Mar 2015 (s 2(1) item 11, 13) sch 6 (items 60 ‑ 72, 74 ‑ 79): never commenced (s 2(1) items 12, 14) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5) | Amended by No 27 of 2017, effective sch 1 (items 44 ‑ 49, 52), sch 2: 1 July 2017 (s 2(1) items 4, 5) | Amended by No 64 of 2017, effective sch 1 (items 14 ‑ 23): 24 June 2017 (s 2(1) item 2) | Amended by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3) | Amended by No 24 of 2022, effective sch 1 (items 7 ‑ 21): 2 Apr 2022 (s 2(1) item 1) | Amended by No 134 of 2024, effective sch 1 (items 32 ‑ 64, 68, 69): 11 Dec 2024 (s 2(1) item 1) | Amended by No 138 of 2024, effective sch 1 (items 13 ‑ 25), sch 4: 1 Jan 2025 (s 2(1) items 2, 5) | Amended by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 155-10 — Commissioner must give notice of assessment

(1) The Commissioner must give you notice of an assessment of an * assessable amount of yours as soon as practicable after the assessment is made. Note: This section also applies to an amended assessment: see section 155 ‑ 80. (2) The Commissioner may give you the notice electronically if you are required to lodge, or have lodged, the return (if any) that relates to the * assessable amount electronically.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-15 — Self ‑ assessment

(1) The Commissioner is treated as having made an assessment under section 155 ‑ 5 of an * assessable amount mentioned in an item of the following table, if the document mentioned in the item is given to the recipient mentioned in the item: Self ‑ assessed amounts Item Column 1 Assessable amount Column 2 Recipient Column 3 Document 1 your * net amount for a * tax period the Commissioner your * GST return for the tax period 2 your * net fuel amount for a * tax period the Commissioner your * fuel tax return for the tax period 3 the * GST payable by you on a * taxable importation the Collector (within the meaning of the Customs Act 1901 ) or the Department administered by the Minister administering Part XII of that Act return, given as described in one of the following provisions, in relation to the importation: (a) paragraph 69(8)(a), (b), (c) or (da), or 70(7)(a), of the Customs Act 1901 ; (b) regulations prescribed for the purposes of paragraph 69(8)(d) of that Act 4 an amount of * excess exploration credit tax for an income year the Commissioner return given under section 418 ‑ 160 for the income year 5 an amount of levy under the Major Bank Levy Act 2017 for a * quarter the Commissioner return given under section 115 ‑ 5 for the quarter 6 an amount of * Australian IIR/UTPR tax for a * Fiscal Year the Commissioner * Australian IIR/UTPR tax return given under section 127 ‑ 35 for the Fiscal Year 7 an amount of * Australian DMT tax for a * Fiscal Year the Commissioner * Australian DMT tax return given under section 127 ‑ 45 for the Fiscal Year Note: There is no self ‑ assessment of Division 293 tax, Division 296 tax, excess transfer balance tax or first home super saver tax. (2) The assessment is treated as having been made on the day the document is given to the recipient mentioned in column 2. (3) The amount assessed is: (a) if the document is required to state the * assessable amount—the amount (including a nil amount) stated; or (b) otherwise—the amount (including a nil amount) worked out in accordance with the information stated in the document. (4) The document is treated as being a notice of the assessment: (a) signed by the Commissioner; and (b) given to you under section 155 ‑ 10 on the day the document is given to the recipient. (5) This section does not apply to an * assessable amount if the Commissioner has already assessed the assessable amount on or before the day mentioned in paragraph (4)(b).

Amendment history: Amended by No 14 of 2012, effective sch 1, sch 2 (items 1 ‑ 9): 1 July 2012 (s 2(1) items 2, 3) sch 2 (items 17 ‑ 28): never commenced (s 2(1) item 4) | Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8) | Amended by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 96 of 2014, effective sch 1 (items 54 ‑ 108, 122 ‑ 124), sch 2 (items 41 ‑ 43): 30 Sept 2014 (s 2(1) item 2, F2014L01256) | Amended by No 110 of 2014, effective sch 4 (items 2, 3), sch 5 (items 68 ‑ 75, 123 ‑ 140): 16 Oct 2014 (s 2(1) items 3, 4, 7) | Amended by No 21 of 2015, effective sch 1 (items 18 ‑ 49), sch 5, sch 7 (items 33 ‑ 43): 20 Mar 2015 (s 2(1) items 2, 6, 15) sch 2 (items 39 ‑ 46): 1 May 2015 (s 2(1) item 3) sch 4 (items 8, 9): 1 July 2015 (s 2(1) item 5) sch 6 (items 26 ‑ 37, 73): 19 Mar 2015 (s 2(1) item 11, 13) sch 6 (items 60 ‑ 72, 74 ‑ 79): never commenced (s 2(1) items 12, 14) | Amended by No 41 of 2015, effective sch 5 (items 152 ‑ 159), sch 6 (items 186, 187), sch 9: 1 July 2015 (s 2(1) items 2, 9) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5) | Amended by No 64 of 2017, effective sch 1 (items 14 ‑ 23): 24 June 2017 (s 2(1) item 2) | Amended by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3) | Amended by No 40 of 2023, effective sch 4 (item 17): 1 July 2023 (s 2(1) item 5) | Amended by No 134 of 2024, effective sch 1 (items 32 ‑ 64, 68, 69): 11 Dec 2024 (s 2(1) item 1) | Amended by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 155-20 — Assessment of indirect tax on importations and customs dealing

(1) The Commissioner is treated as having made an assessment under section 155 ‑ 5 of the * GST, * luxury car tax or * wine tax (whichever is applicable) payable by you on a * taxable importation, * taxable importation of a luxury car or * customs dealing, if: (a) the document mentioned in column 1 of an item of the following table is communicated to the Department administered by the Minister administering Part XII of the Customs Act 1901 , in respect of the importation or dealing; and (b) a Collector (within the meaning of the Customs Act 1901 ) gives the document mentioned in column 2 of the item to an entity in respect of the importation or dealing. Customs documents Item Column 1 Document communicated Column 2 Document given to an entity 1 an * import declaration an * import declaration advice 2 a self ‑ assessed clearance declaration (within the meaning of the Customs Act 1901 ) a * self ‑ assessed clearance declaration advice (2) The assessment is treated as having been made on the day a Collector (within the meaning of the Customs Act 1901 ) gives the document mentioned in paragraph (1)(b) to the entity. (3) The amount assessed is the amount (including a nil amount) worked out in accordance with the information stated in the 2 documents. (4) The 2 documents are treated as together being a notice of the assessment: (a) signed by the Commissioner; and (b) given to you under section 155 ‑ 10 on the day a Collector (within the meaning of the Customs Act 1901 ) gives the document mentioned in paragraph (1)(b) of this section to the entity. (5) This section does not apply if the Commissioner has already assessed the * GST, * luxury car tax or * wine tax on or before the day mentioned in paragraph (4)(b).

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8) | Amended by No 41 of 2015, effective sch 5 (items 152 ‑ 159), sch 6 (items 186, 187), sch 9: 1 July 2015 (s 2(1) items 2, 9)

s 155-25 — Special assessment

For the purposes of making, under section 155 ‑ 5, an assessment of an * assessable amount that relates to a period (e.g. a tax period), the Commissioner may treat part of the period as being the whole period.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-30 — Delays in making assessments

(1) You may give the Commissioner a written notice requiring the Commissioner to make an assessment of an * assessable amount of yours, if, 6 months after the day on which the relevant return (if any) for the assessable amount is given to the Commissioner, the Commissioner has not given to you notice of an assessment of the assessable amount under section 155 ‑ 10. (2) You may object, in the manner set out in Part IVC of this Act, against the Commissioner’s failure to make the assessment if the Commissioner does not make the assessment within 30 days after the day the notice is given under subsection (1). (3) This section does not apply to the following * assessable amounts: (a) the * Division 293 tax payable by you in relation to an income year in relation to your * taxable contributions for the income year; (aa) the * Division 296 tax payable by you in relation to an income year in relation to your * taxable superannuation earnings for the income year; (b) the * excess transfer balance tax payable by you for an * excess transfer balance period; (c) the * first home super saver tax payable by you for an income year; (d) the * Laminaria and Corallina decommissioning levy payable by you for a financial year; (e) the * build to rent development misuse tax payable by you for an income year.

Amendment history: Amended by No 14 of 2012, effective sch 1, sch 2 (items 1 ‑ 9): 1 July 2012 (s 2(1) items 2, 3) sch 2 (items 17 ‑ 28): never commenced (s 2(1) item 4) | Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8) | Amended by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 96 of 2014, effective sch 1 (items 54 ‑ 108, 122 ‑ 124), sch 2 (items 41 ‑ 43): 30 Sept 2014 (s 2(1) item 2, F2014L01256) | Amended by No 81 of 2016, effective sch 1 (items 10 ‑ 25, 33, 36), sch 2 (items 19, 20), sch 10 (items 55 ‑ 65, 86 ‑ 93): 1 Jan 2017 (s 2(1) items 2, 6) sch 10 (items 1, 29 ‑ 47, 49 ‑ 54): 1 July 2018 (s 2(1) item 5) | Amended by No 132 of 2017, effective sch 1 (items 1 ‑ 5, 13 ‑ 20): 1 July 2018 (s 2(1) item 2) sch 2 (items 6, 7): 1 Jan 2018 (s 2(1) item 3) | Amended by No 24 of 2022, effective sch 1 (items 7 ‑ 21): 2 Apr 2022 (s 2(1) item 1) | Amended by No 138 of 2024, effective sch 1 (items 13 ‑ 25), sch 4: 1 Jan 2025 (s 2(1) items 2, 5) | Amended by No 8 of 2026, effective sch 1 (items 61 ‑ 91), sch 2 (item 11): 1 Apr 2026 (s 2(1) items 2, 3)

s 155-35 — Amendment during period of review

Amendment (1) The Commissioner may amend an assessment of an * assessable amount within the * period of review for the assessment. Note 1: An amendment of an assessment can be reviewed: see Subdivision 155 ‑ C. Note 2: This section also applies to amended assessments: see section 155 ‑ 80. However, there are limits on how amended assessments can be amended: see sections 155 ‑ 65 and 155 ‑ 70. Meaning of period of review (2) The period of review , for an assessment of an * assessable amount of yours, is: (a) the period: (i) starting on the day on which the Commissioner first gives notice of the assessment to you under section 155 ‑ 10; and (ii) ending on the last day of the period of 4 years starting the day after that day; or (b) if the period of review is extended under subsection (3) or (4) of this section—the period as so extended. Extensions (3) The Federal Court of Australia may order an extension of the * period of review for an assessment of an * assessable amount of yours for a specified period, if: (a) the Commissioner has started to examine your affairs in relation to the assessment; and (b) the Commissioner has not completed the examination within the period of review for the assessment; and (c) the Commissioner, during the period of review, applies to the Federal Court of Australia for an order extending the period; and (d) the Court is satisfied that it was not reasonably practicable, or it was inappropriate, for the Commissioner to complete the examination within the period of review, because of: (i) any action taken by you; or (ii) any failure by you to take action that it would have been reasonable for you to take. (4) You may, by written notice given to the Commissioner, consent to the extension of the * period of review for an assessment of an * assessable amount of yours for a specified period, if: (a) the Commissioner has started to examine your affairs in relation to the assessment; and (b) the Commissioner has not completed the examination within the period of review for the assessment; and (c) the Commissioner, during the period of review, requests you to consent to extending the period of review. (5) An order may be made under subsection (3), or consent given under subsection (4), in relation to an assessment of an * assessable amount more than once.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-40 — Amendment during period of review—certain applications taken to be notices

(1) An application made by you for an amendment of an assessment of an * assessable amount of yours is treated as being a notice of the amended assessment given to you by the Commissioner under section 155 ‑ 10, if: (a) the application is in the * approved form; and (b) the Commissioner makes the amendment: (i) to give effect to the decision on the application; and (ii) during the * period of review for the assessment; and (c) the amendment the Commissioner makes is the entire amendment for which you applied, and nothing else. (2) The notice is treated as having been given to you on whichever of the following is applicable: (a) the first day the Commissioner adjusts the balance of an * RBA of yours as a result of the amendment; (b) the day a Collector (within the meaning of the Customs Act 1901 ) gives an * import declaration advice, or a * self ‑ assessed clearance declaration advice, to an entity in respect of the relevant * taxable importation, * taxable importation of a luxury car or * customs dealing as a result of the amendment.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8) | Amended by No 41 of 2015, effective sch 5 (items 152 ‑ 159), sch 6 (items 186, 187), sch 9: 1 July 2015 (s 2(1) items 2, 9)

s 155-45 — Amendment on application

The Commissioner may amend an assessment of an * assessable amount of yours at any time, if you apply for an amendment in the * approved form during the * period of review for the assessment. The Commissioner may amend the assessment to give effect to his or her decision on the application. Note: The Commissioner must give you notice of the amended assessment under section 155 ‑ 10: see section 155 ‑ 80.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-50 — Amendment to give effect to private ruling

The Commissioner may amend an assessment of an * assessable amount of yours at any time, if: (a) you apply for a * private ruling during the * period of review for the assessment; and (b) the Commissioner makes a private ruling because of the application. The Commissioner may amend the assessment to give effect to the ruling.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-55 — Amendment to give effect to certain anti ‑ avoidance declarations

The Commissioner may amend an assessment of an * assessable amount at any time, if: (a) the Commissioner makes a declaration under subsection 165 ‑ 45(3) of the * GST Act (about compensating adjustments for anti ‑ avoidance declarations); or (b) the Commissioner makes a declaration under subsection 75 ‑ 45(3) of the Fuel Tax Act 2006 (about compensating adjustments for anti ‑ avoidance declarations). The Commissioner may amend the assessment to give effect to the declaration.

Amendment history: Repealed and substituted by No 14 of 2012, effective sch 1, sch 2 (items 1 ‑ 9): 1 July 2012 (s 2(1) items 2, 3) sch 2 (items 17 ‑ 28): never commenced (s 2(1) item 4) | Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8) | Amended by No 96 of 2014, effective sch 1 (items 54 ‑ 108, 122 ‑ 124), sch 2 (items 41 ‑ 43): 30 Sept 2014 (s 2(1) item 2, F2014L01256)

s 155-60 — Amendment because of review, objection or fraud

Despite anything in this Subdivision, the Commissioner may amend an assessment of an * assessable amount of yours at any time: (a) to give effect to a decision on a review or appeal; or (b) as a result of an objection made by you, or pending a review or appeal; or (c) if he or she is of the opinion there has been fraud or evasion.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-65 — Amending amended assessments

The Commissioner cannot amend an amended assessment of an * assessable amount under section 155 ‑ 35 if the * period of review for the assessment has ended. Note: The Commissioner can amend amended assessments at any time under sections 155 ‑ 45 to 155 ‑ 60.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-70 — Refreshed period of review

(1) This section applies if the Commissioner has made one or more amendments of an assessment of an * assessable amount of yours under section 155 ‑ 35 about a particular. (2) Despite section 155 ‑ 65, the Commissioner may amend (the later amendment ) the amended assessment after the end of the * period of review for the assessment, if: (a) the Commissioner makes the later amendment before the end of the period of 4 years starting on the day after the day on which the Commissioner gave notice of the last of the amendments mentioned in subsection (1) to you under section 155 ‑ 10; and (b) the later amendment is about the particular mentioned in subsection (1) of this section; and (c) the Commissioner has not previously amended the assessment under this section about that particular.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-75 — Refunds of amounts overpaid

(1) This section applies if: (a) an assessment of an * assessable amount of yours is amended; and (b) as a result of the amendment, a * tax ‑ related liability (the earlier liability ) of yours is reduced. (2) For the purposes of any * taxation law that applies the * general interest charge, the amount by which the * tax ‑ related liability is reduced is taken never to have been payable. Note 1: The general interest charge is worked out under Part IIA of this Act. Note 2: Subsection 8AAB(4) of this Act lists the provisions that apply the charge. (3) The Commissioner must apply the amount of any * tax ‑ related liability overpaid in accordance with Divisions 3 and 3A of Part IIB of this Act (about running balance accounts and the application of payments and credits). (4) However, if: (a) a later amendment of an assessment of an * assessable amount is made; and (b) all or some of your earlier liability in relation to a particular is reinstated; this section is taken not to have applied to the extent that the earlier liability is reinstated.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-80 — Amended assessments are assessments

An amended assessment of an * assessable amount is an assessment for all purposes of any * taxation law. Note: The Commissioner must give notice of the amended assessment under section 155 ‑ 10. Under section 155 ‑ 40, an application for an amendment is treated as being a notice of the amendment in certain circumstances.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-85 — Validity of assessment

The validity of any assessment of an * assessable amount is not affected by non ‑ compliance with the provisions of this Act or of any other * taxation law.

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 155-90 — Review of assessments

You may object, in the manner set out in Part IVC of this Act, against an assessment of an * assessable amount of yours if you are dissatisfied with the assessment. Note: If an individual is dissatisfied with a statement given to the Commissioner by a superannuation provider under section 390 ‑ 5 in this Schedule, the individual may make a complaint under the AFCA scheme (within the meaning of the Corporations Act 2001 ).

Amendment history: Amended by No 14 of 2012, effective sch 1, sch 2 (items 1 ‑ 9): 1 July 2012 (s 2(1) items 2, 3) sch 2 (items 17 ‑ 28): never commenced (s 2(1) item 4) | Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8) | Amended by No 82 of 2013, effective sch 3 (items 2 ‑ 5, 14 ‑ 37, 39): 28 June 2013 (s 2) | Amended by No 96 of 2014, effective sch 1 (items 54 ‑ 108, 122 ‑ 124), sch 2 (items 41 ‑ 43): 30 Sept 2014 (s 2(1) item 2, F2014L01256) | Amended by No 13 of 2018, effective s 4: 5 Mar 2018 (s 2(1) item 1) sch 1 (items 26 ‑ 31, 54 ‑ 58): 6 Mar 2018 (s 2(1) items 2, 6) sch 3 (items 31, 32): 5 Mar 2022 (s 2(1) item 8) | Amended by No 76 of 2023, effective sch 2 (items 727–737): 20 Oct 2023 (s 2(1) item 2) sch 6 (items 39, 40): 21 Sept 2023 (s 2(1) item 22) sch 6 (items 43, 44): 1 Oct 2023 (s 2(1) item 23)

s 155-95 — Entities

This Division applies, in relation to an * assessable amount under a * taxation law, to an entity under that taxation law in the same way as the Division applies to an entity under the Income Tax Assessment Act 1997 .

Amendment history: Inserted by No 39 of 2012, effective sch 1 (items 1, 2, 29, 190 ‑ 223, 231 ‑ 240): 1 July 2012 (s 2(1) item 2) sch 1 (items 255 ‑ 264): 1 Jan 2017 (s 2(1) item 3) sch 4 (items 19 ‑ 24): 15 Apr 2012 (s 2(1) item 8)

s 250-1 — What this Part is about

This Part deals with the methods by which the Commissioner may collect and recover amounts of taxes and other liabilities. These rules may affect you if you are liable to pay an amount of a tax ‑ related liability (see, for example, Division 255). Some of the rules may also affect you because of your relationship with someone else who is liable for such an amount (see Division 260). Table of sections 250 ‑ 5 Some important concepts about tax ‑ related liabilities 250 ‑ 10 Summary of tax ‑ related liabilities

Amendment history: Inserted by No 179 of 1999, effective sch 1 (items 1 ‑ 4, 7, 8), sch 2 (items 1 ‑ 4, 86 ‑ 93, 103 ‑ 107, 130, 131), sch 3 (items 1, 2), sch 4, sch 5 (items 69, 73, 74), sch 6 (items 14 ‑ 24), sch 10 (items 1 ‑ 18), sch 12 (item 21), sch 14: 22 Dec 1999 (s 2(1) ‑ (6), (7)(b), (c)) sch 2 (items 94 ‑ 102), sch 11 (items 111, 112), sch 12 (items 4 ‑ 20), sch 15 (items 9 ‑ 18): 1 July 2000 (s 2(8), (9)(b), (12))

s 250-5 — Some important concepts about tax ‑ related liabilities

(1) A tax ‑ related liability may arise for an entity before it becomes due and payable by that entity. Example: Under Part 2 ‑ 5, an entity’s liability to pay a withheld amount may arise before the amount is due and payable. (2) For some tax ‑ related liabilities, an assessment needs to be made before the amount of the relevant liability becomes due and payable. Example: Under Division 5 of the Income Tax Assessment Act 1997 , an amount of income tax needs to be assessed before it becomes due and payable. (3) An amount of a tax ‑ related liability may become payable by an entity (for example, when the amount has been assessed) before it is due and payable by that entity.

Amendment history: Inserted by No 179 of 1999, effective sch 1 (items 1 ‑ 4, 7, 8), sch 2 (items 1 ‑ 4, 86 ‑ 93, 103 ‑ 107, 130, 131), sch 3 (items 1, 2), sch 4, sch 5 (items 69, 73, 74), sch 6 (items 14 ‑ 24), sch 10 (items 1 ‑ 18), sch 12 (item 21), sch 14: 22 Dec 1999 (s 2(1) ‑ (6), (7)(b), (c)) sch 2 (items 94 ‑ 102), sch 11 (items 111, 112), sch 12 (items 4 ‑ 20), sch 15 (items 9 ‑ 18): 1 July 2000 (s 2(8), (9)(b), (12)) | Amended by No 79 of 2010, effective sch 1 (items 6 ‑ 10, 36 ‑ 53, 57 ‑ 66), sch 4 (items 7, 47 ‑ 49, 51): 1 July 2010