Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT 1994No. 56, 1994 - SECT 29

29. Section 24ABO of the Principal Act is amended by omitting subsection (2)
and substituting the following subsections:

"(2) Payments under section 728PB, 728X or 728Y of the Social Security Act
1991 (which deal with bereavement payments) are exempt.

"(3) If a taxpayer derives a payment under section 728PC of the Social
Security Act 1991:

   (a)  so much of the sum of that payment and other payments under the
        Social  Security Act 1991 derived by the taxpayer during the
        bereavement lump sum period as does not exceed the tax-free amount
        calculated using the exempt bereavement payment calculator AB in
        section 24ABZD is exempt; and

   (b)  the balance of the sum is not exempt.

"(4) If:

   (a)  a taxpayer's partner died; and

   (b)  the taxpayer would have been qualified for payments under a
        bereavement Subdivision but for an exclusion provision (taxpayer's
        pension or allowance increased on partner's death to such an extent
        that no bereavement payments); and

   (c)  the taxpayer derives payments of sickness allowance during the
        bereavement period; then those payments are not treated under
        subsection (1) but as follows:

   (d)  the supplementary amounts are exempt;

   (e)  so much of the balance as exceeds what would have been the balance
        (payments less supplementary amounts) if the partner had not died is
        exempt;

   (f)  the rest of the balance is not exempt.".