Document ID: chunk:federal_register_of_legislation:F2024C01292:clause:2_23
Version: federal_register_of_legislation:F2024C01292
Segment Type: clause
Provision Reference: sch 2 cl 23
Character Range: 195944–197943

23  Subsection 136(1) (definition of fringe benefit)
Repeal the definition, substitute:
fringe benefit, in relation to a bankrupt, in relation to a contribution assessment period, means a benefit provided at any time during the period by any person to the bankrupt, other than:
 (a) a benefit provided to the bankrupt by the bankrupt's spouse under, or because of a genuine maintenance agreement between the spouses; or
 (b) a benefit provided under a maintenance order, within the meaning of the Bankruptcy Act 1966 as in force from time to time; or
 (c) the benefit of an order by a court in favour of the bankrupt in respect of costs of litigation; or
 (d) educational expenses paid by any person in respect of a child of:
 (i) the bankrupt; or
 (ii) the bankrupt's spouse; or
 (e) the amount of a refund, or part of a refund, due by the Commissioner to the bankrupt under a law of the Commonwealth, being an amount that the Commissioner has lawfully offset against a tax liability, within the meaning of the Taxation Administration Act 1953 as in force from time to time, of the bankrupt; or
 (f) subject to subsection (1A), a benefit of a kind referred to in paragraphs (f) to (p) (inclusive) of the definition of fringe benefit in this Act (in its unmodified form) as in force at the beginning of 1 July 1992; or
 (g) support by way of one or both of the following:
 (i) lodging (including any board);
 (ii) occasional use of a motor vehicle used for domestic purposes;
  up to a value of $250 a week, if the support is provided by a person in the person's principal place of residence, and the person is:
 (iii) a close relative; or
 (iv) a brother or sister (including a half‑brother, half‑ sister, adoptive brother or adoptive sister);
  of the bankrupt.
Note: Close relative, in relation to a person, is defined in section 136 of the Fringe Benefits Tax Assessment Act 1986 as:
(a) the spouse of the person; or
(b) a child or parent of the person; or
(c) a parent of the person's spouse.