Document ID: chunk:federal_register_of_legislation:C2022C00279:section:38:p1
Version: federal_register_of_legislation:C2022C00279
Segment Type: section
Provision Reference: s 38 (pt 1/9)
Character Range: 50383–53218

38  Definitions
  In this Act, unless the contrary intention applies:
adjusted taxable income has the same meaning as in the Superannuation Contributions Tax (Assessment and Collection) Act 1997.
allocated surplus amount, in relation to a member in relation to a financial year, means an amount that is allocated by the relevant superannuation (accumulated benefits) provider for the benefit of the member in respect of the financial year (other than an amount paid for or by the member to the provider) to the extent to which the allocated amount exceeds an amount that, in the opinion of an eligible actuary according to Australian actuarial practice, is reasonable having regard to:
 (a) the amounts paid by or for the member to the provider; and
 (b) the relevant constitutionally protected superannuation fund's investment earnings relating to the member's interest in the fund; and
 (c) any other relevant matters.
assessment means an assessment made under subsection 14(1).
class: a single member may constitute a class of members and a single superannuation scheme may constitute a class of superannuation schemes.
Commissioner means the Commissioner of Taxation.
complying superannuation fund has the meaning given by section 45 of the Superannuation Industry (Supervision) Act 1993.
constitutionally protected superannuation fund has the same meaning as constitutionally protected fund has in the Income Tax Assessment Act 1997.
contributed amounts:
 (a) in relation to a member (other than a member of a defined benefits superannuation scheme) for a financial year, means:
 (i) any amounts paid for or by the member to, or otherwise credited or attributed to an account for the member by, a superannuation provider for the financial year other than amounts to which subparagraph (ii) or (iii) applies, less any part of such an amount that is, under the regulations, to be regarded as reasonably attributable to interest; and
 (ii) if there are any regulations in force for the purposes of this subparagraph in respect of the financial year—any amounts referred to in the regulations that are credited, allocated or attributable to the member for the financial year less any part of such an amount that is, under the regulations, to be regarded as reasonably attributable to interest; and
 (iii) 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