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This is a Bill, not an Act. For current law, see the Acts databases.


SUPERANNUATION CONTRIBUTIONS SURCHARGE (APPLICATION TO THE COMMONWEALTH-REDUCTION OF BENEFITS) BILL 1997

1996-97

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time




Superannuation Contributions Surcharge (Application to the Commonwealth—Reduction of Benefits) Bill 1997

No. , 1997

(Treasury)

A Bill for an Act relating to the reduction of the benefits payable to members of unfunded non-contributory Commonwealth superannuation schemes on account of superannuation contributions surcharge, and for related purposes



9702520—1,735/3.1.1997—(25/97)  Cat. No. 96 7289 3  ISBN 0644 498676

Contents


A Bill for an Act relating to the reduction of the benefits payable to members of unfunded non-contributory Commonwealth superannuation schemes on account of superannuation contributions surcharge, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Superannuation Contributions Surcharge (Application to the Commonwealth—Reduction of Benefits) Act 1997.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Interpretation

Any expression that is used in this Act and in the Superannuation Contributions Surcharge (Assessment and Collection) Act 1997 has the same meaning as in that Act.

4 Trustee may reduce member’s benefits on account of surcharge

(1) If the liability of the trustee of an unfunded defined benefits superannuation scheme to pay the superannuation contributions surcharge that arose because of the operation of section 5 of the Superannuation Contributions Surcharge (Application to the Commonwealth) Act 1997 is discharged under section 7 of that Act, then, despite anything in any trust instrument, contract or other document or in any legislation, the trustee may reduce any benefits accruing to or for the member after 20 August 1996 by the amount of the surcharge.

(2) However, subsection (1) does not apply if its application would or might result in a contravention of the Constitution.

 


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