Document ID: chunk:federal_register_of_legislation:C2025C00162:section:9:p7
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 9 (pt 7/8)
Character Range: 129039–131966

subsection (1).
 (1EA) The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (j) of the definition of financial investment in subsection (1).
 (1F) An income stream is a defined benefit income stream if:
 (a) under the Superannuation Industry (Supervision) Regulations 1994, the income stream is taken to be a pension for the purposes of the Superannuation Industry (Supervision) Act 1993; and
 (b) except in the case of an income stream arising under a superannuation fund established before 20 September 1998—the income stream is provided under rules that meet the standards of subregulation 1.06(2) of the Superannuation Industry (Supervision) Regulations 1994; and
 (ba) in the case of an income stream arising under a superannuation fund established before 20 September 1998—the income stream is provided under rules that meet the standards determined, by legislative instrument, by the Minister; and
 (c) in any case—the income stream is attributable to a defined benefit interest within the meaning of the Superannuation Industry (Supervision) Regulations 1994 (for this purpose, disregard subparagraph 1.03AA(1)(b)(ii) of those regulations).
 (1G) An income stream is a military invalidity pension income stream if:
 (a) the income stream is:
 (i) invalidity pay within the meaning of the Defence Force Retirement and Death Benefits Act 1973; or
 (ii) an invalidity pension under the superannuation scheme established under the Military Superannuation and Benefits Act 1991; or
 (iii) an income stream provided under a superannuation scheme and that is covered by an instrument under subsection (3); and
 (b) the income stream is not a defined benefit income stream.
 (2) The Secretary may, by legislative instrument, specify superannuation schemes for the purposes of paragraph (d) of the definition of military defined benefit income stream in subsection (1).
 (3) For the purposes of subparagraph (1G)(a)(iii), the Secretary may, by legislative instrument, do any one or more of the following:
 (a) specify an income stream;
 (b) describe an income stream;
 (c) determine requirements relating to an income stream;
regardless of whether the income stream relates to military service or invalidity.
 (3A) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, an instrument under subsection (3) may make different provision in relation to:
 (a) different kinds of income streams; and
 (b) different kinds of circumstances.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
 (4) For the purposes of this Act, an asset is a deprived asset if:
 (a) a person has disposed of the asset; and
 (b) the value of the asset is included in the value of the person's assets by section 1124A, 1125, 1125A, 1126, 1126AA, 1126AB, 1126AC or 1126AD or an amount is included in the value of the person's assets in respect of the disposal by