Document ID: chunk:federal_register_of_legislation:C2004A01350:clause:1_9ba:p4
Version: federal_register_of_legislation:C2004A01350
Segment Type: clause
Provision Reference: sch 1 cl 9BA (pt 4/4)
Character Range: 16694–18251

within 6 months after the commencement day of the income stream concerned.

Determination that income stream is asset‑test exempt

 (11) The Secretary may determine, in writing, that an income stream that does not meet the requirements of subsection (2) is an asset‑test exempt income stream for the purposes of this Act. In making the determination, the Secretary must have regard to the guidelines (if any) determined under subsection (12).

Guidelines to be complied with in making determination

 (12) The Secretary may determine, in writing, guidelines to be complied with when making a determination under subsection (11). The determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Miscellaneous

 (13) A determination for the purposes of the definition of PF in subsection (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 (14) In this section:

hardship amount has the same meaning as in section 9A.

non‑commutation funded income stream means an income stream that has not been purchased by transferring directly to the purchase of the income stream a payment resulting from the commutation of another asset‑test exempt income stream.

reversionary partner, in relation to the primary beneficiary of an income stream and a particular day, means another person who, on that day:
 (a) is a member of a couple with the primary beneficiary; and
 (b) is the person to whom the income stream will revert on the primary beneficiary's death.