Document ID: chunk:federal_register_of_legislation:C2023C00409:section:43:p2
Version: federal_register_of_legislation:C2023C00409
Segment Type: section
Provision Reference: s 43 (pt 2/9)
Character Range: 88712–91533

if there are no regulations in force for the purposes of subparagraph (ii) and the financial year is later than the 1996‑97 financial year—any allocated surplus amount in relation to the member in respect of the financial year; or
 (b) in relation to a member of a defined benefits superannuation scheme for a financial year:
 (i) means the surchargeable contributions of the member for the financial year; and
 (ii) includes any other amount that may be reasonably regarded as attributable to the member under the scheme for the financial year.
defined benefit member means a member entitled, on retirement or termination of his or her employment, to be paid a benefit defined, wholly or in part, by reference to either or both of the following:
 (a) the amount of:
 (i) the member's salary at a particular date, being the date of the termination of the member's employment or of the member's retirement or an earlier date; or
 (ii) the member's salary averaged over a period before retirement;
 (b) a stated amount.
defined benefits superannuation scheme means:
 (a) a public sector superannuation scheme that:
 (i) is a regulated superannuation fund or an exempt public sector superannuation scheme; and
 (ii) has at least 1 defined benefit member; or
 (b) a regulated superannuation fund (other than a public sector superannuation scheme):
 (i) that has at least 1 defined benefit member; and
 (ii) some or all of the contributions to which are not allocated to any individual member but are paid into and accumulated in a fund in the form of an aggregate amount.
Deputy Commissioner means the Deputy Commissioner of Taxation.
determination means a determination made under subsection 15(2).
eligible actuary means a Fellow or Accredited Member of the Institute of Actuaries of Australia.
eligible termination payment has the same meaning as in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act.
excessive component of an eligible termination payment has the meaning given by subsection 27A(1) of the Income Tax Assessment Act.
exempt public sector superannuation scheme has the same meaning as in section 10 of the Superannuation Industry (Supervision) Act 1993.
funded defined benefits superannuation scheme means a defined benefits superannuation scheme that is not an unfunded defined benefits superannuation scheme.
general interest charge means the charge worked out under Part IIA of the Taxation Administration Act 1953.
holder of the surchargeable contributions of a member for a financial year has the meaning given by sections 8A and 10A.
Income Tax Assessment Act means the Income Tax Assessment Act 1936.
interest (except in the definition in this section of contributed amounts) means the general interest charge payable under section 21 or 22.
late payment penalty means general