Document ID: chunk:federal_register_of_legislation:C2022A00036:clause:2_1
Version: federal_register_of_legislation:C2022A00036
Segment Type: clause
Provision Reference: sch 2 cl 1
Character Range: 4134–6289

1  Exemptions—rent‑free use of premises or quarters
(1) If:
 (a) at a time during the period (the relevant period) that:
 (i) began at the start of 1 July 1986; and
 (ii) ended at the end of 28 February 2022;
  a superannuation contribution was made by, or in respect of, an individual; and
 (b) the superannuation contribution was calculated:
 (i) to any extent, directly or indirectly, on the basis that paragraph 5(e) of the Superannuation (Salary) Regulations was applicable to the individual; and
 (ii) on the assumption that paragraph 5(e) of the Superannuation (Salary) Regulations was in force;
then the repeal effected by item 1 of Schedule 1 to this Act does not apply, and is taken never to have applied, in relation to the rent‑free use by the individual of premises or quarters, to the extent to which that rent‑free use occurred during the relevant period.
(2) For the purposes of this item, superannuation contribution means:
 (a) a contribution that was made for the purposes of:
 (i) the CSS (within the meaning of the Superannuation Act 1976); or
 (ii) the Public Sector Superannuation Scheme (within the meaning of the Superannuation Act 1990); or
 (iii) the Public Sector Superannuation Accumulation Plan (within the meaning of the Superannuation Act 2005); or
 (b) a contribution that:
 (i) was made to a superannuation fund or superannuation scheme; and
 (ii) was made in accordance with an agreement or instrument made under a law of the Commonwealth; and
 (iii) was not covered by paragraph (a).
(3) To avoid doubt, a reference in this item to the Superannuation (Salary) Regulations:
 (a) is a reference to those regulations as originally made and as amended from time to time; and
 (b) without limiting paragraph (a), includes a reference to those regulations:
 (a) renamed as the Superannuation (CSS) Salary Regulations by Statutory Rules 1995 No. 275; and
 (b) subsequently renamed as the Superannuation (CSS) Salary Regulations 1978 by the Superannuation (CSS) Salary Amendment Regulations 1999 (No. 1).

[Minister's second reading speech made in—
Senate on 3 August 2022
House of Representatives on 4 August 2022]

(68/22)