House debates

Thursday, 4 December 2008

Temporary Residents’ Superannuation Legislation Amendment Bill 2008

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate’s amendments—

(1)    Schedule 1, item 4, page 4 (line 10), after “amount he or she has received”, insert “(and interest, in some cases)”.

(2)    Schedule 1, item 12, page 5 (lines 13 to 16), omit the item.

(3)    Schedule 1, item 16, page 6 (lines 27 and 28), omit “, by the next date set for the purpose by the Commissioner”.

(4)    Schedule 1, item 16, page 7 (line 2), after “interest”, insert “by the next date set for the purpose by the Commissioner”.

(5)    Schedule 1, item 16, page 7 (line 10), after “claim the amount”, insert “(and interest, in some cases)”.

(6)    Schedule 1, item 16, page 10 (line 13), omit “by scheduled statement day”.

(7)    Schedule 1, item 16, page 10 (line 23), omit “day.”, substitute “day; or”.

(8)    Schedule 1, item 16, page 10 (after line 23), at the end of subsection 20F(1), add:

             (c)    if a day is identified for the superannuation provider under the regulations that is later than the day described in paragraph (a) and later than the day described in paragraph (b) if it is relevant—that later day.

(9)    Schedule 1, item 16, page 12 (after line 4), after subsection 20F(4), insert:

Regulations for the purposes of paragraph (1)(c)

     (4A)    Regulations for the purposes of paragraph (1)(c) may provide for a day to be identified by the Commissioner or the Australian Prudential Regulation Authority. This does not limit the provision that the regulations may make for identification of a day for those purposes.

(10)  Schedule 1, item 16, page 15 (after line 31), after subparagraph 20J(6)(a)(i), insert:

                 (ia)    paragraph 20F(1)(c); and

(11)  Schedule 1, item 35, page 24 (line 30) to page 25 (line 3), omit subsection 307-142(3), substitute:

        (3)    The *taxable component is so much of the payment as is attributable to either or both of the following:

             (a)    so much of the amounts paid to the Commissioner under subsection 17(1) or 20F(1) of that Act in respect of the person as would, if those amounts had instead been paid to the person as *superannuation benefits, have been the taxable components of those superannuation benefits;

             (b)    subsection 20H(2A) of that Act (which is about interest payable in certain circumstances).

(12)  Schedule 1, item 37, page 26 (lines 1 to 7), omit subsection 307-300(3), substitute:

        (3)    The element untaxed in the fund is so much (if any) of the *taxable component as is attributable to either or both of the following:

             (a)    so much of the amounts paid to the Commissioner under subsection 17(1) or 20F(1) of that Act in respect of the person as would, if those amounts had instead been paid to the person as *superannuation benefits, have been the elements untaxed in the fund of the taxable components of those superannuation benefits;

             (b)    subsection 20H(2A) of that Act (which is about interest payable in certain circumstances).

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