Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:8p
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 8P
Character Range: 58704–60146

8P  Interpretation
 (1) In this Division:
relevant agreement means an employment agreement:
 (a) to which an eligible employee is a party; and
 (b) under which the eligible employee may choose, in respect of part of his or her remuneration, whether to take that part in money or in a non‑monetary form (which may be in the form of a top‑up arrangement); and
 (c) that states in monetary terms the total value of that remuneration.
top‑up arrangement has the meaning given by subregulation (2).
 (2) Subject to subregulations (3) and (4), a top‑up arrangement is an arrangement between the person (the payee) to whom, under the arrangement, remuneration is paid and the person (the payer) who pays the remuneration, by which the payer makes contributions in respect of the payee to a superannuation scheme.
 (3) An arrangement is not a top‑up arrangement unless:
 (a) the contributions mentioned in subregulation (2):
 (i) constitute part of the payee's overall remuneration; and
 (ii) are not paid as an addition to remuneration otherwise payable; and
 (b) the payer makes payments under the Act:
 (i) in respect of the payee; and
 (ii) in relation to the employment or office to which the arrangement relates.
 (4) The reference in subregulation (2) to a superannuation scheme is taken:
 (a) to include a reference to a scheme applying only in respect of the payee; and
 (b) not to include a reference to the scheme constituted by the Act.