Document ID: chunk:federal_register_of_legislation:C2004A04616:front:0:p3
Version: federal_register_of_legislation:C2004A04616
Segment Type: other
Provision Reference: 
Character Range: 6181–8956

(4) Part 4 commences on 1 January 1994, immediately after Part 2.

  (5) Part 3 commences on 1 July 1994.

Application

3.(1) The amendments made by Parts 2 and 4 apply to all payments that fall due on or after 1 January 1994.

(2) The amendments made by Part 2 apply to all fringe benefits whether received before, on or after 1 January 1994.

(3) The amendments made by Part 4 apply to foreign income whether received before, on or after 1 January 1994.

PART 2—FRINGE BENEFITS

Insertion of new section 10A

  4. After section 10 of the Principal Act the following section is inserted:

Family payment income test and parental means test definitions

"10A.(1) Some of the definitions in this section are the same as definitions in the Fringe Benefits Tax Assessment Act 1986. Most of the other definitions in this section are based on definitions in that Act.

"(2) In this section and in Module G of Benefit Rate Calculator A in section 1067, Module H of the Family Payment Rate Calculator in section 1069 and Part 3.12A, unless the contrary intention appears:

'arm's length loan' means a loan where the parties to the loan are dealing with each other at arm's length in relation to the loan;

'arm's length transaction' means a transaction where the parties to the transaction are dealing with each other at arm's length in relation to the transaction;

'arrangement' means:

    (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied, and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

    (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise;

'assessable fringe benefit' means a fringe benefit that is:

  (a) a car benefit (see section 1157C); or

  (b) a school fees benefit (see section 1157E); or

  (c) health insurance benefit (see section 1157F); or

  (d) a loan benefit (see section 1157G); or

  (e) a housing benefit (see section 1157I);

but does not include a car benefit, loan benefit or housing benefit that is exempt;

   Note: For exempt benefits see sections 1157D (car benefits), 1157H (loan benefits) and 1157J (housing benefits).

'associate' has the same meaning as in the Fringe Benefits Tax Assessment Act 1986;

    Note: Subsection 136(1) of the Fringe Benefits Tax Assessment Act adopts the definition of 'associate' in section 26AB of the Income Tax Assessment Act. Section 159 of the Fringe Benefits Tax Assessment Act modifies the way in which the income tax definition applies and also extends that definition in other ways.

'Australian Parliament' means:

  (a) the Parliament of the Commonwealth of Australia; or

  (b) the Parliament of a State; or

  (c) the Legislative Assembly for the