2D.2.01

Meaning of base salary

In force

(1)

For the definition of base salary in section 9 of the Act, the matters specified in the following table are base salary.

Item	Matter
1	The components of a short‑term employee benefit that: (a) are not dependent on the satisfaction of a performance condition; and (b) are specified in paragraphs (a), (c) and (d) of column 3 of item 6 in the table in subregulation 2M.3.03(1); and (c) are paid during the relevant period
2	A superannuation contribution that: (a) is not dependent on the satisfaction of a performance condition; and (b) is paid during the relevant period
3	A share‑based payment that: (a) is not dependent on the satisfaction of a performance condition; and (b) is specified in column 3 of item 11 in the table in subregulation 2M.3.03(1); and (c) is paid during the relevant period
4	A liability or prospective liability to pay tax in respect of a fringe benefit taxable amount under: (a) the Fringe Benefits Tax Assessment Act 1986; or (b) the Fringe Benefits Tax Act 1986; that relates to the provision of a matter specified in item 1, 2 or 3

(2)

For subregulation (1):

(a)

if a person has held an office in relation to a company:

(i)

throughout a period of more than 12 months; or

(ii)

throughout a number of periods of more than 12 months in total;

the relevant period for that person is the last 12 months of that period or the last 12 months of the total period; and

(b)

if a person has held an office in relation to a company:

(i)

throughout a period of 12 months or less; or

(ii)

throughout a number of periods of 12 months or less in total;

the relevant period for that person is that period or the total period.

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