Document ID: chunk:federal_register_of_legislation:F2024C01079:schedule:2:p11
Version: federal_register_of_legislation:F2024C01079
Segment Type: schedule
Provision Reference: sch 2 (pt 11/28)
Character Range: 57108–62735

to an amount:

    a.                                                                                                                                                                                                                                                                            The amount is not the income, profit, loss, or turnover of the business itself unless it is the profit or loss of a sole trader.

    b.                                                                                                                                                                                                                                                                            Subject to subsection 2, the amount relates to the activities of the business.

    c.                                                                                                                                                                                                                                                                            Any additional requirements in this section are met.

2.  If the activities of the business involve only the investment of accumulated wealth or investment in a superannuation fund, the related amount is not income.

3.  If the member receives an amount from the sale of stocks or assets, the amount is only income received from the business if the stocks or assets were owned by the business.

4.  If the member is a director of a company the following apply in relation to income:

    a.                                                                                                                                                                                                                                                                            The member's income from the company includes any of the following:

                                                                                                                                                                                                                                                                                  i.                                                                                                                                An amount from the business that would be declared as personal income in the member's personal tax return.

                                                                                                                                                                                                                                                                                  ii.                                                                                                                               Fees, emoluments, and dividends.

    b.                                                                                                                                                                                                                                                                            The member's income from the company does not include an amount paid as a repayment of a loan.

5.  If the member is a trustee of an applicant trust, the member's income from the trust is the amount of distribution of the net income of the trust that would be declared by the member as personal income in the member's personal tax return.

6.  If the member is a partner in the applicant partnership, the member's income from the business is the amount of the member's share of the net income or loss from the business that would be required to be shown in the member's personal tax return as a partner's share.

7.  If the applicant is a sole trader, the member's income from the business is the amount of net income or loss from the business that would be required to be shown in the member's personal tax return.

Division 5: Which absences can be counted when determining amount of payment

3.5.1 Working out if an absence can be counted when determining amount of payment
   During a period of continuous defence service, the following days can be counted for the purpose of determining the support payment payable to an applicant:

   a.                                                                                                                                                            A day that the applicant has granted the member any of the following for the purpose of rendering defence service:

                                                                                                                                                                 i.                                                                                                                                  Defence Reserve leave.

                                                                                                                                                                 ii.                                                                                                                                 Leave without pay.

   b.                                                                                                                                                            A day that the applicant has granted an absence to render defence service without requiring the member to take some form of leave.

3.5.2 Absences that are not counted when determining payment
   The following days of absence on defence service are not to be counted for the purpose of determining the support payment