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Superannuation Legislation Amendment (Choice of Superannuation Funds) Bill 2004
Schedule 2 Extension of definition of dependant

   

Income Tax Assessment Act 1936

1  Subsection 27A(1) (definition of dependant )

Repeal the definition, substitute:

dependant , in relation to a person (the first person ), includes:

                     (a)  in subparagraph (3)(a)(ii), subsections (5), (5C) and (7) and paragraph (12)(a):

                              (i)  any spouse or former spouse of the first person; and

                             (ii)  any child of the first person; and

                     (b)  in any other case:

                              (i)  any spouse or former spouse of the first person; and

                             (ii)  any child, aged less than 18 years, of the first person; and

                            (iii)  any person with whom the first person has an interdependency relationship.

2  Subsection 27A(1)

Insert:

interdependency relationship has the meaning given by section 27AAB.

3  After section 27AAA

Insert:

27AAB   Interdependency relationship

             (1)   Subject to subsection (3), for the purposes of this Subdivision, 2 persons (whether or not related by family) have an interdependency relationship if:

                     (a)  they have a close personal relationship; and

                     (b)  they live together; and

                     (c)  one or each of them provides the other with financial support; and

                     (d)  one or each of them provides the other with domestic support and personal care.

             (2)  Subject to subsection (3), for the purposes of this Subdivision, if:

                     (a)  2 persons (whether or not related by family) satisfy the requirement of paragraph (1)(a); and

                     (b)  they do not satisfy the other requirements of an interdependency relationship under subsection (1); and

                     (c)  the reason they do not satisfy the other requirements is that either or both of them suffer from a physical, intellectual or psychiatric disability;

they have an interdependency relationship .

             (3)  The regulations may specify:

                     (a)  matters that are, or are not, to be taken into account in determining under subsection (1) or (2) whether 2 persons have an interdependency relationship ; and

                     (b)  circumstances in which 2 persons have, or do not have, an interdependency relationship .

Retirement Savings Accounts Act 1997

4  Section 16

Insert:

interdependency relationship has the meaning given by section 20A.

5  Subsection 20(1)

Omit “and any child of the person”, substitute “of the person, any child of the person and any person with whom the person has an interdependency relationship”.

6  After section 20

Insert:

20A   Interdependency relationship

             (1)   Subject to subsection (3), for the purposes of this Act, 2 persons (whether or not related by family) have an interdependency relationship if:

                     (a)  they have a close personal relationship; and

                     (b)  they live together; and

                     (c)  one or each of them provides the other with financial support; and

                     (d)  one or each of them provides the other with domestic support and personal care.

             (2)  Subject to subsection (3), for the purposes of this Act, if:

                     (a)  2 persons (whether or not related by family) satisfy the requirement of paragraph (1)(a); and

                     (b)  they do not satisfy the other requirements of an interdependency relationship under subsection (1); and

                     (c)  the reason they do not satisfy the other requirements is that either or both of them suffer from a physical, intellectual or psychiatric disability;

they have an interdependency relationship .

             (3)  The regulations may specify:

                     (a)  matters that are, or are not, to be taken into account in determining under subsection (1) or (2) whether 2 persons have an interdependency relationship ; and

                     (b)  circumstances in which 2 persons have, or do not have, an interdependency relationship .

Superannuation Industry (Supervision) Act 1993

7  Subsection 10(1) (definition of dependant )

Omit “and any child of the person”, substitute “of the person, any child of the person and any person with whom the person has an interdependency relationship”.

8  Subsection 10(1)

Insert:

interdependency relationship has the meaning given by section 10A.

9  After section 10

Insert:

10A   Interdependency relationship

             (1)   Subject to subsection (3), for the purposes of this Act, 2 persons (whether or not related by family) have an interdependency relationship if:

                     (a)  they have a close personal relationship; and

                     (b)  they live together; and

                     (c)  one or each of them provides the other with financial support; and

                     (d)  one or each of them provides the other with domestic support and personal care.

             (2)  Subject to subsection (3), for the purposes of this Act, if:

                     (a)  2 persons (whether or not related by family) satisfy the requirement of paragraph (1)(a); and

                     (b)  they do not satisfy the other requirements of an interdependency relationship under subsection (1); and

                     (c)  the reason they do not satisfy the other requirements is that either or both of them suffer from a physical, intellectual or psychiatric disability;

they have an interdependency relationship .

             (3)  The regulations may specify:

                     (a)  matters that are, or are not, to be taken into account in determining under subsection (1) or (2) whether 2 persons have an interdependency relationship ; and

                     (b)  circumstances in which 2 persons have, or do not have, an interdependency relationship .

10  Application

(1)        The amendments made by items 1 to 3 of this Schedule apply to eligible termination payments made after the commencement of those items.

(2)        The amendments made by items 4 to 9 of this Schedule apply to the doing of things after the commencement of those items.

 

 

 

 

[ Minister’s second reading speech made in—

House of Representatives on 27 June 2002

Senate on 10 February 2004 ]

(150/02)