Section 46AB — Veterans' Entitlements Act 1986: Meaning of employment income

(1) For the purposes of section 46AA, employment income, in relation to a person, is ordinary income of the person: (a) that is for remunerative work of the person as an employee in an employer/employee relationship; and (b) that includes, but is not limited to: (i) salary, wages, commissions and employment-related fringe benefits; and (ii) if the person is engaged on a continuing basis in that employer/employee relationship—a leave payment to the person; but does not include: (c) a superannuation payment to the person; or (d) a payment of compensation, or a payment to the person under an insurance scheme, in relation to the person’s inability to earn, derive or receive income from that remunerative work; or (e) if the person is not engaged on a continuing basis in that employer/employee relationship—a leave payment to the person; or (f) a payment to the person by a former employer of the person in relation to the termination of the person’s employment; or (g) a comparable foreign pension; or (h) an instalment of parental leave pay. (2) For the purposes of subsection (1), a leave payment: (a) includes a payment in respect of personal/carer’s leave, annual leave, maternity leave or long service leave; and (b) may be made as a lump sum payment, a payment that is one of a series of regular payments or otherwise; and (c) is taken to be made to a person if it is made to another person: (i) at the direction of the person or of a court; or (ii) on behalf of the person; or (iii) for the benefit of the person; or (iv) if the person waives or assigns his or her right to the payment.