Release authorities
135-10 Release authorities
If the condition mentioned in column 1 of an item in the following table is satisfied:
the Commissioner must issue you with a release authority under that item; and
you have a release entitlement:
equal to the amount mentioned in column 2 of that item; and
arising at the time mentioned in column 3 of that item.
Release entitlement | |||
|---|---|---|---|
Item | Column 1 | Column 2 | Column 3 |
3 | You become liable to pay your *debt account discharge liability for a *superannuation interest | The amount of your debt account discharge liability | On the giving of the notice under section 133‑125 |
4 | You become liable to pay your *Division 296 debt account discharge liability for a *superannuation interest | The amount of your Division 296 debt account discharge liability | On the giving of the notice under section 134‑125 |
A release authority issued under item 3 of the table can only be given to the superannuation provider that holds the superannuation interest to which the debt account relates: see subsection 135‑40(3).
Requirements for release authority
A release authority must:
state the amount of the *release entitlement in respect of which it is given; and
be dated; and
contain any other information that the Commissioner considers relevant.
Commissioner may issue a further release authority
The Commissioner may at any time issue you with a further release authority in respect of a *release entitlement if:
the Commissioner is satisfied that it is reasonable in the circumstances to do so; and
the Commissioner has issued you with an earlier release authority in respect of that release entitlement.
Despite paragraph (2)(a), the further release authority must state the amount the Commissioner considers reasonable in the circumstances, but not exceeding the amount of the release entitlement.
For variation and revocation of release authorities, see subsection 33(3) of the Acts Interpretation Act 1901.
Release authority not to be issued to trustee of deceased estate
To avoid doubt, this section does not require or permit the Commissioner to issue a release authority to the trustee of a deceased estate.
This Act’s bill:Second reading speech
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