enter into a scheme;

begin to carry out a scheme;

carry out a scheme;

enter into a scheme;

begin to carry out a scheme;

carry out a scheme;

enter into a scheme;

begin to carry out a scheme;

carry out a scheme;

enter into a scheme;

begin to carry out a scheme;

carry out a scheme;

the person is subject to a requirement under subsection (1), (2), (3) or (4); and

the person engages in conduct; and

the conduct contravenes the requirement.

between Australia and places outside Australia; or

between the States; or

between a State and a Territory; or

between 2 Territories; or

within a Territory.

any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or

any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise; or

any combination of 2 or more things that are schemes because of paragraph (a) or (b).

the scheme is of a kind prescribed by the regulations; or

the scheme is of a kind determined by ASIC under subsection (3).

the person is an individual; and

(b) on a day within the period (the qualifying period) beginning on 1 January 2007 and ending on 31 December 2021, the person was, under this Act as in force on that day:

a financial services licensee; or

an authorised representative of a financial services licensee; or

an employee or director of a financial services licensee; or

an employee or director of a related body corporate of a financial services licensee; and

the person was, under this Act as in force on that day, authorised to provide personal advice to retail clients in relation to any financial product other than:

a general insurance product; or

a consumer credit insurance product; or

for a day within the qualifying period that is on or after 1 July 2012—a basic banking product; and

the person satisfies paragraphs (b) and (c) for at least 10 years (that is, 3,650 days) within the qualifying period (whether consecutive or not); and

before the end of the qualifying period, the person has never:

been banned or disqualified under Division 8 of Part 7.6 as in force at that time; or

given an undertaking under section 93AA or 171E of the ASIC Act as in force at that time.

is an experienced provider; and

if the experienced person is an existing provider and is a relevant provider at the start of their exam cut-off day—meets the education and training standard in subsection 921B(3) at or before the start of that day;

cease to be a relevant provider (see subsection 1684D(7)); and

contravene subsection 911A(1), 911B(1), 921BA(1) or 921BA(3) and consequently commit an offence or be liable to a civil penalty.

be granted an Australian financial services licence covering the provision of personal advice (see paragraph 921C(1)(a)); or

be given an authorisation to provide personal advice (see subsections 921C(2) to (4)).

if the experienced person is a financial services licensee—the experienced person; or

otherwise—each financial services licensee on whose behalf the experienced person is authorised to provide personal advice to retail clients in relation to relevant financial products.

if the experienced person:

makes the declaration under subsection (2) before 1 July 2024; and

if paragraph (4)(b) applies—gives the declaration to the lodger before 1 July 2024;

otherwise—the later of:

the day the experienced person makes the declaration under subsection (2); and

if paragraph (4)(b) applies—the day the experienced person gives the declaration to the lodger.

the experienced person’s name; and

the address of the experienced person’s principal place of business; and

a written statement by the lodger to the effect that:

if paragraph (4)(a) applies—they have met the standards because of subsection (1); or

if paragraph (4)(b) applies—they have received a copy of the experienced person’s declaration made under subsection (2).

give each licensee mentioned in that paragraph a copy of the experienced person’s declaration made under subsection (2); and

do so as soon as practicable after making the declaration.

the person:

has completed a bachelor or higher degree, or equivalent qualification, approved by the Minister; and

has satisfied the conditions (if any) approved by the Minister for completing the degree or qualification, and has satisfied those conditions in a way (if any) approved by the Minister; or

approve for the purposes of subparagraph (2)(a)(ii):

one or more conditions for completing an approved degree or qualification; and

one or more ways for satisfying such conditions;

(a) has completed a bachelor or higher degree approved by a determination in force for the purposes of subparagraph 921B(2)(a)(i) (the domestic qualification); but

has not completed the domestic qualification in accordance with subparagraph 921B(2)(a)(ii);

in writing; and

in the form approved, in writing, by the Minister.

approve the domestic qualification; or

refuse to approve the domestic qualification.

the person has completed the domestic qualification but not in accordance with subparagraph 921B(2)(a)(ii); and

the person nevertheless has qualifications equivalent to the person completing the domestic qualification in accordance with subparagraph 921B(2)(a)(ii).

the applicant is not a registered tax agent; and

the person is not a registered tax agent; and

the individual is not a registered tax agent; and

the employee or director is not a registered tax agent; and

under subsection 921B(6); and

for the purposes of paragraph 921B(2)(a).

under subsection 921B(6), as amended by that Part; and

for the purposes of paragraph 921B(2)(a), as substituted by that Part.

starting on 1 January 2022; and

ending immediately before the commencement of Part 3 of Schedule 2 to the second amending Act;

starting on 1 January 2022; and

ending immediately before the commencement of Part 3 of Schedule 2 to the second amending Act;

one or more of the following applies:

the person is a registered tax agent;

if a determination is in force under subsection 921BB(1)—the person meets each requirement set out in the determination that is of a kind mentioned in any of paragraphs (a) to (d) of that subsection.

one or more of the following applies:

the person is a registered tax agent;

if a determination is in force under subsection 921BB(1)—the person meets each requirement set out in the determination that is of a kind mentioned in any of paragraphs (a) to (d) of that subsection.

the Australian Competition and Consumer Commission;

the CS services rules;

the activities, conduct or governance of CS facility licensees, and associated entities of CS facility licensees, in relation to CS services;

if regulations made for the purposes of this paragraph specify other persons—the activities, conduct or governance of those persons in relation to CS services;

matters that are incidental to the matters mentioned in paragraphs (a) and (b).

the specification of persons who are required to comply with requirements imposed by the rules;

for the purposes of subsection 822A(1)—matters with which the operating rules of a licensed CS facility must deal, in relation to CS services;

for the purposes of subsection 822A(2)—matters in respect of which a licensed CS facility must have written procedures, in relation to CS services;

for the purposes of subsection 822E(4)—matters to which the Minister must have regard, as mentioned in that subsection, in relation to CS services.

CS facilities to which the CS services have access;

CS facilities, where data to which the CS services have access is used in the operation of the CS facilities;

financial products to which the CS services relate.

the matters by reference to which a determination under subsection (2) may specify a class of CS services; and

(b) the operation of subsection 13(3) of the Legislation Act 2003.

must have regard to:

the likely effect on the Australian economy, and on the efficiency, integrity and stability of the Australian financial system, of making the determination; and

the likely regulatory impact of making the determination; and

the likely effect of making the determination on the safety, fairness and effectiveness of competition in the provision of CS services; and

must have regard to the matters (if any) raised by ASIC, the ACCC or the Reserve Bank of Australia in advice provided under subsection (6) in relation to the determination; and

may have regard to any other matters that the Minister considers relevant.

consider whether a determination should be made under subsection (2) specifying one or more particular classes of CS services; and

advise the Minister accordingly.

pay a penalty to the Commonwealth;

undertake or institute remedial measures (including education programs);

accept sanctions other than the payment of a penalty to the Commonwealth;

enter into a legally enforceable undertaking.

for an individual—3,000 penalty units; and

for a body corporate—15,000 penalty units.

an undertaking to take specified action within a specified period;

an undertaking to refrain from taking specified action;

an undertaking to pay a specified amount within a specified period to the Commonwealth or to some other specified person.

the time ASIC revokes the direction under subsection (7);

the end of the period specified in the direction as the period during which the direction is effective.

must have regard to:

the likely effect of the proposed rule on the Australian economy, and on the efficiency, integrity and stability of the Australian financial system; and

the likely regulatory impact of the proposed rule; and

the likely effect of the proposed rule on the safety, fairness and effectiveness of competition in the provision of CS services; and

if the proposed rule will impose requirements in relation to a CS service—the structure of the market for the provision of the CS service; and

must have regard to the matters (if any) raised by the ACCC or the Reserve Bank of Australia in consultations mentioned in paragraph 828J(1)(b); and

may have regard to any other matters that ASIC considers relevant.

has consulted the public about the proposed rule; and

has also consulted the following about the proposed rule:

the ACCC;

the Reserve Bank of Australia;

any other person or body as required by regulations made for the purpose of this subparagraph.

makes the proposed rule, or a description of the content of the proposed rule, available; and

invites the public to comment on the proposed rule.

the Australian economy; or

the efficiency, integrity and stability of the Australian financial system; or

safety, fairness and effective competition in the provision of CS services.

provide the Minister, on the following day, with a written explanation of the need for the rule; and

amend or revoke the rule in accordance with any written directions of the Minister.

any matter in respect of which the Minister has a discretion under this Part; or

any other matter concerning the CS services rules.

any matter in respect of which the Minister has a discretion under this Part; or

any other matter concerning the CS services rules.

the following provisions:

the provisions of this Part;

the provisions of regulations made for the purposes of provisions of this Part;

the provisions of rules made under Division 2; and

definitions in this Act, or in the regulations, as they apply to references in provisions referred to in paragraph (a).

an exemption prescribed by regulations made for the purposes of subsection (2); and

an exemption by ASIC under that subsection;

a decision by ASIC to:

make CS services rules; or

give a direction under subsection 828G(1); or

a decision by the Minister to:

make a determination under subsection 828B(2); or

consent under subsection 828K(1) to the making of CS services rules; or

make directions under paragraph 828L(2)(b); or

ASIC;

subsection 153ZEL(2);

section 153ZEL; or

facilitate access to CS services on terms and conditions, including pricing, that are transparent, non-discriminatory, fair and reasonable; and

support the long-term interests of the Australian market by delivering outcomes that are consistent with those that might be expected in a competitive market for CS services; and

address the imbalance in bargaining power between providers of CS services and access seekers in Australia; and

provide incentives for providers of CS services to negotiate commercial and non-discriminatory terms of access with access seekers of the CS services in Australia; and

provide for the timely resolution of access disputes between providers of CS services and access seekers, if they arise; and

discourage providers of CS services from exerting market power to the detriment of competition in upstream and downstream markets.

the provider of the CS service is a CS facility licensee or a person that is related to a CS facility licensee; and

the CS facility licensee holds an Australian CS facility licence that authorises the CS facility licensee to operate a CS facility; and

the CS service can only be provided because it has access to, or to data used in the operation of, the CS facility; and

the CS service is covered by a declaration under section 153ZEF.

a final determination made under paragraph 153ZEP(1)(a); and

an interim determination made under paragraph 153ZEP(1)(b).

the CS service is a declared CS service; and

the CS facility is the CS facility mentioned in paragraphs (b) and (c) of the definition of declared CS service.

a provision of this Part requires the provider to do something, or prohibits the provider from doing something; and

a contravention of the provision is an offence;

a provision of this Part requires a provider to do something, or prohibits a provider doing something; and

a contravention of the provision is not an offence;

the provider of the CS service is a corporation (or a partnership or joint venture consisting wholly of corporations); or

the access seeker is a corporation; or

the access is (or would be) in the course of, or for the purposes of, constitutional trade or commerce.

one or more CS services;

one or more classes of CS services.

the CS service is specified, or is in a class of CS services specified, in a declaration under subsection (1) that is in force; and

the CS service is not specified as a CS service that is taken not to be covered by a declaration in a declaration under subsection (1) that is in force.

must have regard to:

the likely effect on the Australian economy, and on the efficiency, integrity and stability of the Australian financial system, of making the declaration; and

the likely regulatory impact of the declaration; and

the extent to which a provider of a CS service that will be affected by the declaration has a monopoly or significant market power over the provision of the CS service; and

must have regard to the matters (if any) raised by the Commission in advice provided under subsection (5) in relation to the declaration; and

may have regard to any other matters that the Minister considers relevant.

consider whether a declaration should be made under subsection (1); and

advise the Minister accordingly.

the arbitration of an access dispute that was notified under subsection 153ZEM(2) before the amendment or revocation; or

the operation or enforcement of any determination made in the arbitration of an access dispute that was notified under subsection 153ZEM(2) before the amendment or revocation.

whether access can be granted; and

the price and other terms and conditions of the access.

a contact person for the access seeker;

contact details for the contact person;

the specified issues mentioned in subsection (2);

if regulations made for the purposes of this paragraph specify other matters—those matters.

if subsection (1) applies—the access seeker;

if subsection (2) applies—the provider.

the access seeker; and

the provider; and

any other person that the access seeker and the provider agree to include as a party to the negotiations.

the specified issues mentioned in subsection 153ZEH(2); and

any other issue that the parties to the negotiation agree, in writing, that they wish to negotiate over.

the information is held by the responding party or a related body corporate of the responding party; and

it is reasonable for the requesting party to make the request for the purposes of this Division.

be made in writing; and

set out reasons why it is reasonable for the requesting party to make the request for the purposes of this Division; and

if regulations made for the purposes of this paragraph specify other requirements—comply with those requirements.

the request is complied with no later than 21 days after the request was given to the responding party, or any later date the requesting party agrees to; and

the information requested is given in a readily readable form, including (where requested) in electronic file format with all underlying data files and inputs; and

the information given is, or is relevant to, the specified information mentioned in subsection (1); and

if regulations made for the purposes of this paragraph specify other requirements for that information—those requirements are satisfied.

an access seeker for the CS service is unable to agree with the provider on one or more aspects of access to the CS service that are or have been the subject of a negotiation under Division 3; and

the access seeker and the provider are or were parties to the negotiation;

the issues (if any) on which agreement has been reached in the negotiation under Division 3; and

the issues that are in dispute; and

if regulations made for the purposes of this paragraph specify other matters—those matters.

the provider, if the access seeker notified the access dispute; and

the access seeker, if the provider notified the access dispute; and

any other person whom the Commission thinks might want to become a party to the arbitration.

if the provider notified the dispute:

the provider may withdraw the notification at any time before the Commission makes its final determination;

the access seeker may withdraw the provider’s notification at any time after the Commission issues a draft final determination, but before it makes its final determination;

if the access seeker notified the dispute, the access seeker may withdraw the notification at any time before the Commission makes its final determination.

the provider mentioned in the notification; and

the access seeker mentioned in the notification; and

any other person who applies in writing to be made a party and is accepted by the Commission as having a sufficient interest.

must make a written final determination; and

may make a written interim determination;

require the provider to provide access to the CS service by the access seeker;

require the access seeker to accept, and pay for, access to the CS service;

specify the terms and conditions of the access seeker’s access to the CS service;

vary or revoke an earlier determination relating to access to the CS service by the access seeker.

give a draft determination to the parties; and

consult ASIC and the Reserve Bank of Australia about the determination.

preventing an existing user that is not related to the provider from obtaining sufficient access to the CS service to be able to meet the user’s reasonably anticipated requirements, measured at the time when the dispute was notified;

preventing a person that is not related to the provider from obtaining, by the exercise of a pre-notification right, sufficient access to the CS service to be able to meet the person’s actual requirements;

resulting in the access seeker becoming the owner (or one of the owners) of any part of the CS facility that is linked to the CS service, or of extensions of the CS facility, without the consent of the provider;

requiring the provider to bear some or all of the costs of extending the CS facility;

requiring the provider to bear some or all of the costs of maintaining extensions of the CS facility.

to pay to the second person such amount (if any) as the Commission considers is fair compensation for the deprivation; and

to reimburse the provider and the Commonwealth for any compensation that the provider or the Commonwealth agrees, or is required by a court order, to pay to the second party as compensation for the deprivation.

the objects of this Part;

the operational and technical requirements (including those relating to interoperability and financial stability) necessary for the safe and reliable operation of a current or proposed CS facility that is or may be linked to the CS service;

the pricing principles specified in subsection (3);

if an obligation of the provider under an Australian law in relation to the CS service is mentioned in a party’s case—that obligation;

(e) if the provider is not the holder of the Australian CS facility licence that authorises the operation of the CS facility, and an obligation of the holder under an Australian law in relation to the CS service is mentioned in a party’s case—that obligation;

any advice provided by ASIC or the Reserve Bank of Australia in response to consultations undertaken under paragraph 153ZEP(3)(b);

any advice provided by ASIC or the Reserve Bank of Australia under subsection 153ZEX(3) in relation to the arbitration;

any guidance or policies relating to CS services made by the Commission, ASIC or the Reserve Bank of Australia;

the legitimate business interests of the provider, and the provider’s investment in the CS facility;

if the provider is not the holder of the Australian CS facility licence that authorises the operation of the CS facility—the legitimate business interests of the holder, and the holder’s investment in the CS facility;

the interests of all persons who have rights to access the CS service;

the public interest, including the public interest in having competition in markets (whether or not in Australia).

access prices should generate expected revenue for a CS service that reflects the costs of providing access to the CS service;

access prices should include a return on investment commensurate with the regulatory and commercial risks involved;

access price structures should not allow a vertically integrated provider to set terms and conditions that discriminate in favour of its related entities, except to the extent that the cost of providing access to other access seekers is higher;

access pricing should provide incentives to reduce costs or otherwise improve productivity.

notify the parties of the extension before it takes effect; and

give the parties reasons for the extension.

made a final determination that does not impose any obligations on the parties or alter any obligations (if any) that exist at that time between the parties; and

published a written report about the final determination under section 153ZET.

the issues on which agreement was reached between the parties to the arbitration and the issues which were in dispute;

the principles the Commission applied in making the determination;

the methodologies the Commission applied in making the determination;

how the Commission took into account the matters mentioned in subsection 153ZER(1) in making the determination;

any matter the Commission took into account under subsection 153ZER(2) in making the determination and the reasons for doing so;

any information provided by the parties to the arbitration that was relevant to those principles or methodologies.

specifying what the Commission is proposing to publish; and

inviting the party to make a written submission to the Commission within 14 days after the notice is given identifying any information the party considers should not be published because of its confidential commercial nature.

the notification of the access dispute was vexatious; or

the subject matter of the access dispute is trivial, misconceived or lacking in substance; or

the party who notified the access dispute has not engaged in negotiations (including negotiations under Division 3) in good faith; or

the negotiation under Division 3 that led to the notification of the access dispute is insufficiently relevant to the matters that a final determination is likely to deal with; or

access to the CS service should continue to be governed by an existing contract between some or all of the parties to the arbitration.

Subdivision D of Division 3 of Part IIIA;

regulations made for the purposes of provisions in that Subdivision.

treat an arbitration of an access dispute under this Part as an arbitration of an access dispute under Part IIIA; and

treat any reference in that Subdivision or in those regulations to:

a provision in that Subdivision or those regulations as a reference to a provision in that Subdivision or those regulations as they apply because of this section; and

a third party as a reference to an access seeker; and

treat the reference in subsection 44ZG(3) to any other provision of this Part as a reference to any other provision of that Subdivision or Part XICB.

a party to the arbitration of an access dispute seeks to include certain information in its case; and

in the negotiation under Division 3 that led to the notification of the access dispute, the information was the subject of a request under section 153ZEK; and

the party, or a person related to the party, was the responding party (within the meaning of subsection 153ZEK(1)) to the request; and

the responding party did not ensure that the requirements in subsection 153ZEK(3) were satisfied in respect of the request;

the desirability of the parties to the negotiation complying with the requirements in section 153ZEK; and

whether the responding party was given a reasonable opportunity to ensure that the requirements in subsection 153ZEK(3) were satisfied in respect of the request before the access dispute was notified.

direct that the party is not entitled to rely on specified information or materials;

draw such adverse inferences from the failure as the circumstances justify;

for the purposes of making a determination, not have regard to information that the party in the negotiation failed to provide in accordance with section 153ZEK.

notify ASIC or the Reserve Bank of Australia that an access dispute exists;

request advice from ASIC or the Reserve Bank of Australia relating to the arbitration of an access dispute;

give information relating to an access dispute to ASIC or the Reserve Bank of Australia for the purposes of a notification or request under paragraph (a) or (b).

a provision of a final determination is covered by subsection (2); and

(b) the provision requires a party to the determination (the first party) to pay money to another party;

beginning on the day specified under subsection (2); and

ending on the day on which the determination takes effect under subsection (1).

the notification of the access dispute is withdrawn under section 153ZEN;

(b) the arbitration is terminated under section 153ZEU;

a final determination relating to the access dispute takes effect.

on its own initiative; or

on the application of any party to the determination.

an access dispute arising out of the final determination had been notified when the application was made to the Commission for the variation of the determination; and

the variation were the making of a final determination in the terms of the varied determination.

a reference in that Division to:

a determination as a reference to a determination made under this Part; and

section 44ZZ as a reference to section 153ZFB; and

the reference in subsection 44ZZE(3) to Divisions 2 and 3 as a reference to this Part (other than this section); and

section 44ZZJ as having been omitted; and

any reference in Division 7 of Part IIIA to a provision in that Division as a reference to the provision as it applies because of this section.

the names of the parties to the determination;

the CS service to which the determination relates;

the date on which the determination was made.

section 44ZZN;

section 44ZZNA;

section 44ZZO.

in relation to a determination under this Part in the same way as they apply in relation to a determination made under Part IIIA; and

in relation to this Part in the same way as they apply in relation to Part IIIA.

(iv) it is a payment under subsection 131-80(1) or (3) in Schedule 1 to the Taxation Administration Act 1953; and

(a) is a repayment by the Commissioner under subsection 131-80(1) in Schedule 1 to the Taxation Administration Act 1953 of an amount (the released amount) paid to the Commissioner in relation to you; or

(b) is a payment by the Commissioner under subsection 131-80(3) in Schedule 1 to the Taxation Administration Act 1953 of an equivalent amount to an amount (the released amount) paid to the Commissioner in relation to you.

(a) those amounts are paid in response to a release authority issued under Taxation Administration Act 1953 in relation to a *first home super saver determination made in relation to you; andDivision 131 in Schedule 1 to the

your entitlements under section 131-65 in that Schedule to credits relating to those amounts have not ceased under subsection 131-30(4) or 138-13(3) in that Schedule.

an amount is paid in response to a release authority issued in respect of you; and

your entitlement to a credit relating to that amount has not ceased.

(b) you make a valid request (the current request) under section 131-5 in Schedule 1 to the Taxation Administration Act 1953 for a release authority in relation to that determination; and

that current request is your first such request, or one of the following subparagraphs applies for each of your previous valid requests for such a release authority:

you have withdrawn the request;

the Commissioner has revoked the release authority issued in relation to the request (whether or not the release authority had previously been varied);

after one or more amendments of the request, you have withdrawn the latest of those amended requests;

the Commissioner has revoked the release authority issued in relation to the latest of one or more amendments of the request (whether or not the release authority had previously been varied); and

you enter into a contract to purchase or construct a *CGT asset that is a *residential premises in Australia within the period:

beginning 90 days before the day you make the first of the valid requests referred to in paragraph (ba); and

ending 12 months (or if extended under subsection (2), that longer period) after the day you make the current request; and

your request relates to a *first home super saver determination given to you; and

in the case of amending your request—you satisfy paragraphs 138-10(2)(a) and (b); and

the Commissioner has not already issued a release authority in relation to your request.

under section 131-15; and

in relation to a determination, or assessment, mentioned in paragraph 131-5(1)(a), (b) or (c) and given to you;

vary the release authority if:

the varied release authority would be consistent with paragraph 131-5(3)(a); and

you satisfy paragraphs 138-10(2)(a) and (b); or

revoke the release authority;

on the Commissioner’s own initiative; or

on application by you to the Commissioner in the *approved form.

at that time, the release authority (as issued before the variation) ceases to be in force; and

the Commissioner must reissue the release authority (as varied) under section 131-15.

to vary or revoke a release authority; or

not to vary or revoke a release authority;

(a) a *superannuation provider pays an amount (the released amount) to the Commissioner under section 131-35 or 131-40 in relation to you; and

your entitlement under section 131-65 to a credit relating to the released amount ceases under subsection 131-30(4) or 138-13(3); and

the Commissioner reasonably believes that the provider still holds a *superannuation interest for you; and

the Commissioner reasonably believes that, were the released amount to be repaid to the provider, the provider:

(i) could allocate the repayment (the repaid amount) to that superannuation interest; and

could later pay an amount equal to the repaid amount in response to a release authority issued under this Division in relation to a later *first home super saver determination given to you;

in accordance with the item of the table that is the first to so apply; and

within 30 *business days after the day that item starts to so apply.

a legal interest in an estate in fee simple in real property in Australia; or

subsection (2C) applies for you.

you have not previously made a valid request for a release authority under Division 131 in relation to a *first home super saver determination made in relation to you; or

one of the following subparagraphs applies for each of your previous valid requests for such a release authority:

you have withdrawn the request;

the Commissioner has revoked the release authority issued in relation to the request (whether or not the release authority had previously been varied);

after one or more amendments of the request, you have withdrawn the latest of those amended requests;

the Commissioner has revoked the release authority issued in relation to the latest of one or more amendments of the request (whether or not the release authority had previously been varied).

in the case of amending your request—you satisfy paragraphs 138-10(2)(a) to (c); and

the Commissioner has not already made a *first home super saver determination in relation to your request.

amend a *first home super saver determination made in relation to you if you satisfy paragraphs 138-10(2)(a) to (c); or

revoke a first home super saver determination made in relation to you;

on the Commissioner’s own initiative; or

on application by you to the Commissioner in the *approved form.

each of the following ceases to be valid or in force:

any request under section 131-5 for a release authority in relation to that determination;

any release authority issued in relation to such a request; and

any entitlement under section 131-65 you had to a credit relating to such a request ceases.

to amend or revoke a determination; or

not to amend or revoke a determination;

(a) paragraph 138-10(2)(a) in Schedule 1 to the Taxation Administration Act 1953;

(b) subsection 313-40(2) of the Income Tax Assessment Act 1997.

(a) under Taxation Administration Act 1953; andsection 131-30 in Schedule 1 to the

before the commencement of this Schedule;

(a) a first home super saver determination (the original determination) was made in relation to you during the period:

starting on 1 July 2018; and

ending immediately before the commencement of this Schedule; and

after the original determination was made, you begin holding an interest that:

relates to real property or land; and

(ii) is an interest of a kind mentioned in paragraph 138-10(2)(a) in Schedule 1 to the Taxation Administration Act 1953 (as amended by this Schedule); and

during the 3-year period starting at the commencement of this Schedule, you take one or more of the following actions:

(i) apply, under subsection 138-13(2) in Schedule 1 to the Taxation Administration Act 1953, to amend the original determination;

amend, under subsection 131-12(1) in that Schedule, your valid request relating to the original determination;

apply, under subsection 131-30(3) in that Schedule, to vary a release authority issued in relation to the original determination; and

(d) when you take such an action, the Commissioner has not begun treating, under Taxation Administration Act 1953, any credit to which you have become entitled:Division 3 of Part IIB of the

under section 131-65 in Schedule 1 to that Act; and

in relation to a release authority relating to any first home super saver determination made in relation to you.

paragraph 138-13(1)(a);

paragraph 131-12(1)(b);

subparagraph 131-30(2)(a)(ii);

amend the original determination; or

amend your valid request for a release authority relating to the original determination; or

vary a release authority issued in relation to the original determination.

must not state an FHSS maximum release amount that exceeds what that amount could have been at the time the original determination was made; and

(b) must reflect the limits that were in paragraphs 138-35(1)(a) and (b) in Schedule 1 to the Taxation Administration Act 1953 at the time the original determination was made.