Document ID: chunk:federal_register_of_legislation:C2004A00522:clause:1_2
Version: federal_register_of_legislation:C2004A00522
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 5033–6698

2  Subsections 8(1) and (2)
Repeal the subsections, substitute:

Application

 (1) This section explains what are the surchargeable contributions of a member for a financial year and how they are to be worked out.

Member other than a member of a defined benefits superannuation scheme

 (2) If:
 (a) there are any contributed amounts for a financial year in relation to a member other than a member of a defined benefits superannuation scheme; and
 (b) where the relevant superannuation provider is the trustee of a superannuation fund or of an approved deposit fund—the superannuation fund is a complying superannuation fund or the approved deposit fund is a complying approved deposit fund, as the case may be, for the purposes of the year of income comprising the financial year;
the surchargeable contributions of the member for the financial year are the sum of:
 (c) so much of the amounts referred to in subparagraph (a)(i) of the definition of contributed amounts in section 43 as:
 (i) are taxable contributions under subparagraph 274(1)(a)(i), (b)(ii), (ba)(i) or (ba)(iv) or paragraph 274(1)(d) or (e) of the Income Tax Assessment Act; or
 (ii) are allowed as deductions to the member under section 82AAT of that Act; or
 (iii) subject to subsection (2A), are specified roll‑over amounts that constitute amounts accrued after 20 August 1996 that are eligible termination payments under paragraph (a) of the definition of eligible termination payment in subsection 27A(1) of that Act and are rolled over on or after 1 July 1997; and
 (d) any amounts referred to in subparagraph (a)(ii) or (iii) of the definition of contributed amounts in section 43.