Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5j:p8
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5J (pt 8/8)
Character Range: 110839–111971

the asset is included in the value of the person's assets by Subdivision BA or BB of Division 11 of Part IIIB.
Note: For circumstances in which a person is taken to dispose of assets see section 52E.
 (2C) To avoid doubt, none of the following is a financial investment for the purposes of this Act:
 (a) an accommodation bond;
 (b) an accommodation bond balance;
 (c) a refundable deposit;
 (d) a refundable deposit balance.
Note: These expressions are defined in section 5L.
 (6) For the purposes of this Act, a person has an investment in a superannuation fund or approved deposit fund if the person has benefits in the fund (whether the benefits are attributable to amounts paid by the person or someone else).
 (6A) For the purposes of this Act:
 (a) a person has an investment in an ATO small superannuation account if:
 (i) the account is kept in the name of the person; and
 (ii) the balance of the account exceeds nil; and
 (b) the amount or value of that investment equals the balance of the account.
 (9) To avoid doubt, for the purposes of this Act, an account‑based income stream does not have a residual capital value.