Document ID: chunk:federal_register_of_legislation:F2024C01079:schedule:2:p10
Version: federal_register_of_legislation:F2024C01079
Segment Type: schedule
Provision Reference: sch 2 (pt 10/28)
Character Range: 51547–57862

the period of absence due to defence service must be provided.

4.  An applicant must provide any additional information requested by the CDF in relation to the application within 30 days of the request.

Subdivision 2: Working out the income a member applicant receives from a business

3.4.5 Meaning of income
1.  Income means the net income for a member and includes, but is not limited to, any of the following:

    a.                                                                                                   Subject to section 3.4.6, an amount received from the activities of the business, in the form of earnings, moneys or profits, for the member's own use or benefit.

    b.                                                                                                   Salary paid for defence service.

    c.                                                                                                   Salary paid under any other employment arrangement.

    d.                                                                                                   A non-cash benefit that forms part of a package of remuneration, including any of the following:

                                                                                                         i.                                                                                                                                                                  Contributions to superannuation made under a salary sacrifice or other arrangement that exceed the amount that would be paid under the Superannuation Guarantee (Administration) Act 1992.

                                                                                                         ii.                                                                                                                                                                 An amount deducted from a member's salary or wages under a salary sacrifice or other arrangement.

2.  The following are not counted towards the income for a member:

    a.                                                                                                   An amount of pension.

    b.                                                                                                   Potential or projected income.

    c.                                                                                                   For an application relating to an income year — a profit made, or a loss incurred, in the previous income year.

    d.                                                                                                   A capital gain or loss, including a gain or loss relating to any of the following:

                                                                                                         i.                                                                                                                                                                  The sale of plant, equipment or other property.

                                                                                                         ii.                                                                                                                                                                 The sale of shares or an investment.

                                                                                                         iii.                                                                                                                                                                The sale of a business or a significant part of the business.

                                                                                                         iv.                                                                                                                                                                 A transaction relating to foreign currency that is treated as a capital gain for taxation purposes.

    e.                                                                                                   Depreciation related to a sole trader business.

    f.                                                                                                   Any payment made under this Determination unless the CDF is satisfied of any of the following:

                                                                                                         i.                                                                                                                                                                  There is documentary evidence that the amount was used to address a loss or shortcoming directly caused by the absence of the member on defence service.

                                                                                                         ii.                                                                                                                                                                 Ownership or control of the business is shared by the member with another person or persons, and there is documentary evidence that the share of a support payment was received by that person or persons and not, either directly or indirectly, by the member.

3.4.6 When income is received
1.  For the purpose of paragraph 3.4.5.1.a, a member receives an amount of income from a business if all of the following apply in relation to an amount:

    a.                                                                                                                                                                                                                                                                            The amount is not the income, profit, loss, or turnover of the business itself unless it is the profit or loss of a sole trader.

    b.                                                                                                                                                                                                                                                                            Subject to subsection 2, the amount relates to the activities