Document ID: chunk:federal_register_of_legislation:C2009A00081:clause:7_46ab
Version: federal_register_of_legislation:C2009A00081
Segment Type: clause
Provision Reference: sch 7 cl 46AB
Character Range: 162463–164048

46AB  Meaning of employment income
 (1) For the purposes of section 46AA, employment income, in relation to a person, is ordinary income of the person:
 (a) that is earned, derived or received, or that is taken to have been earned, derived or received, by the person from remunerative work undertaken by the person as an employee in an employer/employee relationship; and
 (b) that includes, but is not limited to, salary, wages, commissions and employment‑related fringe benefits that are so earned, derived or received or taken to have been so earned, derived or received;
but does not include:
 (c) a superannuation payment to the person; or
 (d) a payment of compensation, or a payment to the person under an insurance scheme, in relation to the person's inability to earn, derive or receive income from that remunerative work; or
 (e) a leave payment to the person; or
 (f) a payment to the person by a former employer of the person in relation to the termination of the person's employment; or
 (g) a comparable foreign pension.
 (2) For the purposes of paragraph (1)(e), a leave payment:
 (a) includes a payment in respect of sick leave, annual leave, maternity leave or long service leave; and
 (b) may be made as a lump sum payment, a payment that is one of a series of regular payments or otherwise; and
 (c) is taken to be made to a person if it is made to another person:
 (i) at the direction of the person or of a court; or
 (ii) on behalf of the person; or
 (iii) for the benefit of the person; or
 (iv) if the person waives or assigns his or her right to the payment.