Document ID: chunk:federal_register_of_legislation:C2024C00267:section:3:p15
Version: federal_register_of_legislation:C2024C00267
Segment Type: section
Provision Reference: s 3 (pt 15/64)
Character Range: 436164–439142

the entire value of the original interest:
 (i) was transferred directly to the current interest after 12 May 2009; or
 (ii) was transferred to another superannuation interest after 12 May 2009, and was later transferred to the current interest (whether directly or through a series of transfers between superannuation interests);
 (d) your rights to accrue future benefits under the current interest are equivalent to your rights to accrue future benefits under the original interest;
 (e) either:
 (i) the notional taxed contributions mentioned in paragraph (4)(b) do not exceed what they would have been if the transfer mentioned in paragraph (c) had not taken place; or
 (ii) the conditions (if any) specified in the regulations are satisfied;
 (f) the conditions (if any) specified in the regulations are satisfied.

Constitutionally protected funds
 (6) This section does not apply in relation to a defined benefit interest in a constitutionally protected fund.

Division 292—Excess non‑concessional contributions tax

Table of sections
292‑80 Application of excess non‑concessional contributions tax from 10 May 2006 to 1 July 2007
292‑80A Transitional release authority
292‑80B Giving a transitional release authority to a superannuation provider
292‑80C Superannuation provider given transitional release authority must pay amount
292‑85 Non‑concessional contributions cap for a financial year
292‑90 Concessional contributions for a financial year

292‑80  Application of excess non‑concessional contributions tax from 10 May 2006 to 1 July 2007
 (1) The object of this section is to apply (with modifications) provisions relating to excess non‑concessional contributions tax in respect of certain contributions made during the period that:
 (a) begins on 10 May 2006; and
 (b) ends just before 1 July 2007.
 (2) The provisions are as follows:
 (a) Subdivision 292‑C of the Income Tax Assessment Act 1997 (excess non‑concessional contributions tax);
 (b) any other provision of that Act, or of any instrument made under that Act, to the extent that it relates to the operation of that Subdivision;
 (c) any other provision of any other Act, or of any instrument made under any other Act, to the extent that it relates to the operation of that Subdivision.
Example: Section 390‑65 in Schedule 1 to the Taxation Administration Act 1953.
 (3) Those provisions apply in relation to that period, and do so as if:
 (a) that period were the 2006‑2007 financial year; and
 (b) the amount of a person's non‑concessional contributions for that financial year:
 (i) did not include the amount of the person's excess concessional contributions for that financial year; and
 (ii) if subsection (6) applies—included the amount mentioned in that subsection; and
 (iii) included each contribution covered under subsection (7) in respect of the person; and
 (c) the person's non‑concessional contributions cap for that financial year were $1,000,000; and
 (d) subsections 292‑85(3) and