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.