Tax Laws Amendment (2009 Budget Measures No. 1) Act 2009 (Cth)

Tax Laws Amendment (2009 Budget Measures No. 1) Act 2009

No. 62, 2009

An Act to amend the law relating to taxation and superannuation, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Exemption of income derived from foreign service Income Tax Assessment Act 1936 Schedule 2—Government Co‑contribution for Low Income Earners Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 Schedule 3—Excess contributions tax Income Tax Assessment Act 1997 Income Tax (Transitional Provisions) Act 1997

Tax Laws Amendment (2009 Budget Measures No. 1) Act 2009 No. 62, 2009

An Act to amend the law relating to taxation and superannuation, and for related purposes

[Assented to 29 June 2009]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Tax Laws Amendment (2009 Budget Measures No. 1) Act 2009.

2 Commencement This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Exemption of income derived from foreign service

Income Tax Assessment Act 1936

1 After subsection 23AG(1) Insert: (1AA) However, those foreign earnings are not exempt from tax under this section unless the continuous period of foreign service is directly attributable to any of the following: (a) the delivery of Australian official development assistance by the person's employer; (b) the activities of the person's employer in operating a public fund covered by item 9.1.1 or 9.1.2 of the table in subsection 30‑80(1) of the Income Tax Assessment Act 1997 (international affairs deductible gift recipients); (c) the activities of the person's employer, if the employer is exempt from income tax because of paragraph 50‑50(c) or (d) of the Income Tax Assessment Act 1997 (prescribed institutions located or pursuing objectives outside Australia); (d) the person's deployment outside Australia as a member of a disciplined force by: (i) the Commonwealth, a State or a Territory; or (ii) an authority of the Commonwealth, a State or a Territory; (e) an activity of a kind specified in the regulations.