Document ID: chunk:federal_register_of_legislation:C2004A04077:schedule:2:p6
Version: federal_register_of_legislation:C2004A04077
Segment Type: schedule
Provision Reference: sch 2 (pt 6/21)
Character Range: 54269–57141

in paragraph (1) (a) "or acquired" after "made";

     (b) by inserting in subsection (1) ", or acquired, by the person" after "made" (last occurring);

     (c) by inserting in paragraph (2) (b) ", or acquired, by the person" after "made" (wherever occurring).

  Commencement: Day of Royal Assent

Determinations of entitlement of persons holding market-linked investments

47. Section 37g of the Principal Act is amended by inserting in subsection (1) "or acquired" after "made" (second occurring).

  Commencement: Day of Royal Assent

Treatment of costs of investment

48. Section 37h of the Principal Act is amended by inserting ", or acquired," after "made" in the definition of "investment costs" in subsection (3).

  Commencement: Day of Royal Assent

Certain capital amounts taken to be received over 12 months

  49. Section 37j of the Principal Act is amended:

     (a) by omitting from subsection (1) "being an amount of a capital nature";

   (b) by inserting before paragraph (1) (a) the following paragraph:

      "(aa) income by way of periodic payments; or";

   (c) by inserting at the end of paragraph (1) (a) "or";

     (d) by inserting in paragraph (1) (c) ", or acquired, by the person" after "made";

     (e) by omitting subsection (2) and substituting the following subsection:

     "(2) A person receives an amount for the purposes of subsection (1) if the person receives an amount under an

     arrangement of the kind referred to in the definition of "accruing return investment" in subsection 35 (1) to the extent that subsection 37c (1) or (2) does not apply to the receipt.".

  Commencement: Day of Royal Assent

Rate of veteran's service pension

50. Section 47 of the Principal Act is amended by inserting after subsection (3) the following subsection:

  "(3a) If:

     (a) a veteran who has a child is entitled to claim maintenance from another person for the child; and

     (b) the Commission considers it reasonable that the veteran should take action to obtain the maintenance; and

     (c) the veteran does not take the action that the Commission considers reasonable to obtain the maintenance;

paragraphs (3) (a), (b) and (c) do not apply in relation to the child.".

  Commencement: Day of Royal Assent

Earnings credit

  51. Section 49b of the Principal Act is amended:

     (a) by omitting from subsection (1) the definition of "earnings credit" and substituting the following definition:

     " 'earnings credit', in relation to a person receiving a pension and to a fortnight beginning on variation day or a later fortnight, means:

         (a) in the case of the fortnight in which the person commences to receive the pension (if commencing on or after variation day)—the credit amount (if any) of the person for that fortnight; or

         (b) in the case of any other fortnight—the amount of the earnings