Parliamentary Contributory Superannuation (Early Release Payments) Regulations 2020

made under the

Parliamentary Contributory Superannuation Act 1948

Compilation No. 1

Compilation date:                              5 September 2020

Includes amendments up to:            F2020L01136

Registered:                                         21 September 2020

About this compilation

This compilation

This is a compilation of the Parliamentary Contributory Superannuation (Early Release Payments) Regulations 2020 that shows the text of the law as amended and in force on 5 September 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Grounds for early release payments.............................................................................. 1

6............ Early release payments on compassionate grounds—general........................................ 1

7............ Early release payments on compassionate grounds—coronavirus................................. 2

8............ Early release payments for severe financial hardship..................................................... 2

9............ Matters for determining the amounts of early release payments.................................... 2

Endnotes                                                                                                                                                                 4

Endnote 1—About the endnotes                                                                                                        4

Endnote 2—Abbreviation key                                                                                                            5

Endnote 3—Legislation history                                                                                                         6

Endnote 4—Amendment history                                                                                                       7

1  Name

                   This instrument is the Parliamentary Contributory Superannuation (Early Release Payments) Regulations 2020.

3  Authority

                   This instrument is made under the Parliamentary Contributory Superannuation Act 1948.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the Act or for Part VA of the Act, including the following:

(a)    deferring member;

(b)    SIS Regulations;

(c)    Trust.

                   In this instrument:

Act means the Parliamentary Contributory Superannuation Act 1948.

assessable income has the same meaning as in the Income Tax Assessment Act 1997.

exempt income has the same meaning as in the Income Tax Assessment Act 1997.

5  Grounds for early release payments

                   For the purposes of paragraph 22DI(5)(a) of the Act, each of sections 6, 7 and 8 of this instrument is a ground on which a deferring member (the person) may qualify for a payment as described in subsection 22DI(1) of the Act.

Note:          The person only needs to satisfy one of those grounds to qualify.

6  Early release payments on compassionate grounds—general

             (1)  This section applies to the person if:

                     (a)  the person requires the payment for one or more of the following reasons:

                              (i)  a ground listed in paragraphs 6.19A(1)(a) to (e) of the SIS Regulations;

                             (ii)  to meet expenses in a case that the Trust is satisfied is consistent with any of those paragraphs of the SIS Regulations; and

                     (b)  the person does not have the financial capacity to meet an expense arising from that reason.

             (2)  Subregulations 6.19A(3) to (6), and (7), of the SIS Regulations also apply in relation to subsection (1) as if each reference in those subregulations to the Regulator were a reference to the Trust.

Note:          These subregulations contain limitations for 2 of the paragraphs referred to in subparagraph (1)(a)(i) of this section.

7  Early release payments on compassionate grounds—coronavirus

             (1)  This section applies to the person if:

                     (a)  the payment is required to assist the person to deal with the adverse economic effects of the coronavirus known as COVID‑19; and

                     (b)  one or more of paragraphs 6.19B(1A)(a) to (f) of the SIS Regulations applies to the person; and

                     (c)  the person has applied to the Trust for the payment:

                              (i)  in a financial year; and

                             (ii)  because of the ground set out in this section;

                            and subsection (2) is satisfied for the application.

             (2)  A person may make one or more applications described in paragraph (1)(c) as follows:

                     (a)  one in the financial year ending 30 June 2020; and

                     (b)  one in the financial year ending 30 June 2021.

However, no application may be made after the day mentioned in subregulation 6.19B(2) of the SIS Regulations as the day after which no application may be made under subregulation 6.19B(1) of the SIS Regulations.

             (3)  For the purposes of section 6‑23 of the Income Tax Assessment Act 1997, a payment authorised by a determination made under subsection 22DI(1) of the Act because of the ground in this section is not assessable income and is not exempt income.

8  Early release payments for severe financial hardship

             (1)  This section applies to the person if the person would be in severe financial hardship for the purposes of Schedule 1 to the SIS Regulations if the modifications in subsection (2) were made.

             (2)  Treat subregulations 6.01(5) and (5A) of the SIS Regulations as if:

                     (a)  each reference in subregulation 6.01(5) to the trustee of a superannuation entity were a reference to the Trust; and

                     (b)  the application referred to in those subregulations were instead an application to the Trust for a determination under subsection 22DI(1) of the Act because of the ground set out in this section.

9  Matters for determining the amounts of early release payments

                   For the purposes of paragraph 22DI(5)(b) of the Act, the matters to take into account when determining the amount of a payment are as follows:

                     (a)  for a payment made because of the ground set out in section 7 of this instrument:

                              (i)  that the amount not exceed $10,000; and

                             (ii)  any other matter that must be taken into account when making a determination under subregulation 6.19B(3) of the SIS Regulations or when releasing an amount because of such a determination;

                     (b)  for a payment made because of a ground set out in section 6 or 8 of this instrument—any matter that must be taken into account when determining or releasing an amount under the SIS Regulations because of a similar ground.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history