Federal Register of Legislation - Australian Government

Primary content

SR 1997 No. 343 Regulations as made
These Regulations amend the Superannuation Industry (Supervision) Regulations.
Administered by: Treasury
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR02-Mar-1998
Tabled Senate02-Mar-1998
Gazetted 09 Dec 1997
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013

Statutory Rules 1997    No. 3431


Superannuation Industry (Supervision) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Industry (Supervision) Act 1993.

Dated 8 December 1997.

                                                                                 WILLIAM DEANE


By His Excellency’s Command,


Assistant Treasurer


1.   Amendment

1.1   The Superannuation Industry (Supervision) Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation
Act 1901
, s 48.]

2.   Regulation 6.01 (Interpretation)

2.1   Paragraph 6.01 (5) (a):

Omit the paragraph, substitute:

           “(a)   the trustee of a superannuation entity is satisfied:

                          (i)   based on written evidence provided by at least one Commonwealth department or agency responsible for administering a class of Commonwealth income support payments, that:

                                    (A)   the person has received Commonwealth income support payments for a continuous period of 26 weeks; and

                                    (B)   the person was in receipt of payments of that kind on the date of the written evidence; and

                         (ii)   that the person is unable to meet reasonable and immediate family living expenses; or”.

3.   Regulation 6.19A (Release of benefits on compassionate grounds)

3.1   Subparagraph 6.19A (1) (e) (iv):

Omit the subparagraph, substitute:

                      “(iv)   burial; or”.

3.2   Subregulation 6.19A (1):

Add at the end:

            “(f)   to meet expenses in other cases where the release is consistent with a ground mentioned in paragraphs (a) to (e), as the Commissioner determines.”.

4.   Schedule 1 (Conditions of release and cashing restrictions—preserved benefits and restricted non-preserved benefits)

4.1   Part 1:

After item 103, insert:



Permanent departure from Australia, being a departure by the member from Australia, before 1 July 1998, in relation to which:

             (a)   the trustee is reasonably satisfied that it is for the purpose of permanent residence outside Australia; and

             (b)   the written request for release of benefits was made before 1 July 1998




Termination of gainful employment with a standard employer-sponsor of the regulated superannuation fund on or after 1 July 1997 (where the member’s preserved benefits in the fund at the time of the termination are less than $200)







4.2   Item 105:

Omit “$15,000”, substitute “$10,000”. 

5.   Application

5.1   The amendments made by regulation 2 and subregulation 4.2 do not apply in relation to an application made to a trustee before the commencement of these Regulations.

5.2   The insertion of item 103A by subregulation 4.1 does not limit the operation of regulation 5 of Statutory Rules 1997 No. 153. 




1.   Notified in the Commonwealth of Australia Gazette on 9 December 1997.

2.   Statutory Rules 1994 No. 57 as amended by 1994 Nos. 189 and 432; 1995 Nos. 47, 64, 142, 158, 159, 240, 293, 384 and 430; 1996 Nos. 44, 57, 122 and 344; 1997 Nos. 69, 117, 152, 153, 221, 243, 293 and 309.