Document ID: chunk:federal_register_of_legislation:C2013A00082:clause:3_1:p5
Version: federal_register_of_legislation:C2013A00082
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 5/6)
Character Range: 20038–23057

contributions, for a *financial year in respect of a *defined benefit interest, has the meaning given by regulation.
Note: There are modifications in sections 293‑150 (about constitutionally protected State higher level office holders) and 293‑195 (about Commonwealth justices).
 (2) A regulation made for the purposes of subsection (1) may provide for a method of determining the amount of the defined benefit contributions.
 (3) A regulation made for the purposes of subsection (1) may define the *defined benefit contributions, and the amount of defined benefit contributions, in different ways depending on any of the following matters:
 (a) the person who has the *superannuation interest that is or includes the *defined benefit interest;
 (b) the *superannuation plan in which the superannuation interest exists;
 (c) the *superannuation provider in relation to the superannuation plan;
 (d) any other matter.
 (4) A regulation made for the purposes of subsection (1) may specify circumstances in which the amount of *defined benefit contributions for a *financial year is nil.
 (5) Subsections (2), (3) and (4) do not limit a regulation that may be made for the purposes of this section.
 (6) Despite subsection 12(2) of the Legislative Instruments Act 2003, a regulation made for the purposes of subsection (1) may be expressed to take effect from any time on or after 1 July 2012.

Subdivision 293‑E—Modifications for constitutionally protected State higher level office holders

Guide to Subdivision 293‑E

293‑140  What this Subdivision is about
      Constitutionally protected State higher level office holders do not pay Division 293 tax in respect of contributions to constitutionally protected funds, unless the contributions are made as part of a salary package.

Table of sections

Operative provisions
293‑145 Who this Subdivision applies to
293‑150 Low tax contributions—modification for CPFs
293‑155 High income threshold—effect of modification
293‑160 Salary packaged contributions

Operative provisions

293‑145  Who this Subdivision applies to
 (1) This Subdivision applies to an individual for an income year if:
 (a) the individual has a *superannuation interest in a *constitutionally protected fund in the corresponding *financial year; and
 (b) at any time in the income year, the individual is declared by regulation to be an individual to whom this Subdivision applies.
 (2) Despite subsection 12(2) of the Legislative Instruments Act 2003, a regulation made for the purposes of paragraph (1)(b) may be expressed to take effect from any time on or after 1 July 2012.
 (3) Nothing in this Subdivision limits section 6 of the Superannuation (Sustaining the Superannuation Contribution Concession) Imposition Act 2013.
Note: Section 6 of the Superannuation (Sustaining the Superannuation Contribution Concession) Imposition Act 2013 provides that Division 293 tax is not imposed in relation to a person if the imposition would exceed the legislative power of the Commonwealth.

293‑150  Low