Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5j:p6
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5J (pt 6/8)
Character Range: 105612–108487

reached.
Note 2: For paragraph (e), see paragraph (1C)(b) for investments in approved deposit funds held before pension age is reached.
Note 4: For paragraph (g), see paragraph (1C)(ca) for investments in ATO small superannuation accounts held before pension age is reached.
Note 5: For paragraph (h), see paragraph (1C)(j) for a person's asset‑tested income stream (lifetime) that does not arise under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993 if the person's assessment day (within the meaning of section 52BAB) for the income stream has occurred.
 (1C) The following are not managed investments for the purposes of this Act:
 (a) an investment in a superannuation fund if the investor has not yet turned pension age;
 (b) an investment in an approved deposit fund if the investor has not yet turned pension age;
 (ca) an investment in an ATO small superannuation account if the investor has not yet turned pension age;
 (d) deposit money;
 (e) a loan;
 (f) an asset‑test exempt income stream;
 (g) an asset‑tested income stream (long term);
 (h) an asset‑tested income stream (short term);
 (i) a person's asset‑tested income stream (lifetime) that arises under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993;
 (j) a person's asset‑tested income stream (lifetime) that does not arise under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993 if the person's assessment day (within the meaning of section 52BAB) for the income stream has occurred.
Note 1: For pension age see subsection (1D) and sections 5QA and 5QB.
Note 2: For deposit money see subsection 5H(1).
Note 3: For provisions relating to when a loan is taken to be made see subsection (2).
 (1D) For the purposes of the application of subsection (1C) in relation to income support supplement, the references in paragraphs (1C)(a), (b) and (c) to pension age are taken to be references to the qualifying age.
Note: For qualifying age see section 5Q.
 (1E) An income stream is a defined benefit income stream if:
 (a) under the Superannuation Industry (Supervision) Regulations 1994, the income stream is taken to be a pension for the purposes of the Superannuation Industry (Supervision) Act 1993; and
 (b) except in the case of an income stream arising under a superannuation fund established before 20 September 1998—the income stream is provided under rules that meet the standards of subregulation 1.06(2) of the Superannuation Industry (Supervision) Regulations 1994; and
 (ba) in the case of an income stream arising under a superannuation fund established before 20 September 1998—the income stream is provided under rules that meet the standards determined, by legislative instrument, by the Minister; and
 (c) in any case—the income stream is attributable to a defined benefit interest