Opening of accounts
15 Opening of accounts
Power
The Commissioner of Taxation may open an account in the name of a particular individual.
Duty
The Commissioner of Taxation must open an account in the name of a particular individual if:
the individual does not already have an account; and
a person makes a deposit, or a purported deposit, in respect of the individual.
Payment split under Family Law Act
If an account is subject to a payment split, then the Commissioner may open an account in the name of the non‑member spouse.
The balance of the account when it is opened is an amount worked out in accordance with the regulations.
The balance of the member spouse’s account is to be reduced by the amount worked out under subsection (4).
The Commissioner must give the member spouse a written notice setting out the balance (if any) of the member spouse’s account after the reduction.
In this section:
member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.
non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.
payment split means a payment split within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.
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