Payroll Tax Act 1971

A termination payment is—

any of the following payments made because of the retirement from, or termination of, any office or employment of an employee—

an unused annual leave payment under the Income Tax Assessment Act 1997 (Cwlth), section 83-10;

an unused long service leave payment under the Income Tax Assessment Act 1997 (Cwlth), section 83-75;

so much of an employment termination payment paid or payable by an employer, whether paid or payable to the employee or to another entity, that would be included in the assessable income of the employee under the Income Tax Assessment Act 1997 (Cwlth), chapter 2, part 2-40 if the whole employment termination payment had been paid to the employee; or

a following amount, if the amount would be an employment termination payment had it been paid or payable because of termination of employment—

an amount paid or payable by a company because of the termination of the services or office of a director of the company, whether paid or payable to the director or another entity;

an amount paid or payable by a relevant contract employer because of the termination of the supply of the services of an employee under a relevant contract, whether paid or payable to the employee or another entity.

In this section—

an employment termination payment under the Income Tax Assessment Act 1997 (Cwlth), section 82-130; or

a payment that is not an employment termination payment under the Income Tax Assessment Act 1997 (Cwlth), section 82-130 only because it is received later than 12 months after the termination of a person’s employment; or

a transitional termination payment under the Income Tax (Transitional Provisions) Act 1997 (Cwlth), section 82-10.