Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p3
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 3/71)
Character Range: 400445–403133

to have contravened the Act or these Regulations in relation to the acceptance of the amount or in relation to the return of the amount to the entity or person that paid the amount of the fund.
 (6) A regulated superannuation fund may accept contributions in respect of a member if the trustee is reasonably satisfied that the contribution is in respect of a period during which, under an item in the table in subregulation (1) or under subregulation (1A), the fund may accept the contribution in respect of that member, even though the contribution is actually made after that period.
 (6A) Despite subregulations (1) and (1A), the regulated superannuation fund may accept, as a contribution, an amount to the extent that the amount does not exceed the member's CGT cap amount if:
 (a) were the amount to be accepted as a contribution, it could be covered under section 292‑100 (certain CGT‑related payments) of the Income Tax Assessment Act 1997 in relation to a CGT event referred to in that section; and
 (b) the capital proceeds from the CGT event were or could have been affected by one or more financial benefits received under a look‑through earnout right; and
 (c) that subregulation would not have prevented the fund from accepting the amount as a contribution had it been made to the fund in the financial year in which the CGT event happened.
Note: The CGT event is the one referred to in whichever of subsections 292‑100(2), (4), (7) and (8) of that Act that could cause the amount to be covered under that subsection.
 (7) In this regulation:
administration costs has the same meaning as in subregulation 5.01(1).
capital proceeds has the same meaning as in the Income Tax Assessment Act 1997.
CGT cap amount has the same meaning as in the Income Tax Assessment Act 1997.
CGT event has the same meaning as in the Income Tax Assessment Act 1997.
downsizer contribution means a contribution covered under section 292‑102 of the 1997 Tax Act.
employer contributions has the same meaning as in subregulation 1.03(1).
financial benefit has the same meaning as in the Income Tax Assessment Act 1997.
look‑through earnout right has the same meaning as in the Income Tax Assessment Act 1997.
mandated employer contributions has the same meaning as in subregulation 5.01(1).
member contributions has the same meaning as in subregulation 5.01(1).
quoted (for superannuation purposes) has the same meaning as in the Income Tax Assessment Act 1997.
tax file number has the meaning given by section 299W of the Act.
transaction costs means any of the following:
 (a) brokerage paid because of an investment transaction;
 (b) a cost arising from maintenance of a property investment;
 (c)