{"id":"F2020L00893","name":"Social Security (Exempt Lump Sum – South Australia – Marine Scalefish Fishery Reform: Voluntary Licence Surrender Program) Determination 2020","slug":"social-security-exempt-lump-sum-south-australia-marine-scalefish-fishery-reform-voluntary-licence-su","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440542,"registerId":"F2020L00893-fast-fetch-1775956131552","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum – South Australia – Marine Scalefish Fishery Reform: Voluntary Licence Surrender Program) Determination 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Exempt Lump Sum – South Australia – Marine Scalefish Fishery Reform: Voluntary Licence Surrender Program) Determination 2020\n\nI, Andrew Whitecross, delegate of the Secretary of the Department of Social Services, make the following instrument.\n\nDated 8 July 2020\n\nAndrew Whitecross\n\nGroup Manager  Pensions and Family Payments Group  Department of Social Services\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Exempt lump sums\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Exempt Lump Sum – South Australia – Marine Scalefish Fishery Reform: Voluntary Licence Surrender Program) Determination 2020.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument. The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under paragraph 8(11)(d) of the Social Security Act 1991.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\nexempt lump sum has the meaning given under subsection 8(11) of the Act.\n\nrelevant amount means, in relation to a person, the amount received by the person under the Voluntary Surrender Program.\n\nVoluntary Surrender Program means the Marine Scalefish Fishery Reform: Voluntary Licence Surrender Program under which the South Australian State Government Minister for Primary Industries and Regional Development provides monetary compensation to certain Marine Scalefish Fishery licence holders who voluntarily surrender their fishery licence.\n\n5  Exempt lump sums\n\n  For paragraph 8(11)(d) of the Act, all relevant amounts are exempt lump sums.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination remains tightly scoped to its original purpose. It addresses a specific, narrow policy problem: ensuring that compensation payments under a particular South Australian fishery reform program don't affect Commonwealth social security entitlements. There is no evidence of scope creep — the instrument does exactly what its title suggests and nothing more."},"complexity_factors":["Extremely short: only 5 sections spanning approximately 1 page","Only 4 defined terms in section 4, all straightforward (Act, exempt lump sum, relevant amount, Voluntary Surrender Program)","No cross-references to other legislation beyond the enabling provision (paragraph 8(11)(d) of the Social Security Act 1991)","No conditional logic, exceptions, or nested provisions — section 5 operates as a blanket exemption","Single operative provision (section 5) with no subsections or procedural requirements","No temporal limitations, sunset clauses, or review mechanisms"],"plain_english_summary":"This Determination protects South Australian Marine Scalefish fishers who voluntarily surrender their licences by declaring the state compensation an “exempt lump sum” for Commonwealth social security. In practice, Centrelink must ignore that payment when assessing income or assets, so pensions and other benefits won’t be reduced or suspended."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument confines its effect to amounts paid under the named South Australian Voluntary Licence Surrender Program and expressly makes those payments 'exempt lump sums' (definitions in reg. 4; substantive effect in reg. 5). It does not expand or add categories beyond that program and thus does not change the statutory scope beyond applying paragraph 8(11)(d) of the Social Security Act 1991 to the specified relevant amounts."},"complexity_factors":["Single substantive operation: one operative clause (reg. 5) that declares relevant amounts exempt.","Statutory cross‑reference: depends on definition of 'exempt lump sum' in subsection 8(11) of the Social Security Act 1991 (external interpretive content).","Narrow scope: applies only to amounts received under the specified South Australian Voluntary Surrender Program (definition in reg. 4).","Low administrative discretion: instrument is a fixed declaration by a delegate rather than a rule‑making regime.","Commencement mechanism is straightforward: whole instrument commences the day after registration (reg. 2).","Potential downstream interpretive complexity: interaction between this declaration and the Act’s broader means‑tests or timing rules requires reference to the Act to determine operational effects."],"plain_english_summary":"This instrument declares that payments made by the South Australian Minister under the Marine Scalefish Fishery Reform: Voluntary Licence Surrender Program are “exempt lump sums” for the purposes of the Social Security Act 1991. It affects South Australian fishery licence-holders who receive compensation (the State Minister provides the money) and changes how those receipts are treated under federal social security rules; the instrument was made by a Department of Social Services delegate under paragraph 8(11)(d) of the Act."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-south-australia-marine-scalefish-fishery-reform-voluntary-licence-su","history":"/api/acts/social-security-exempt-lump-sum-south-australia-marine-scalefish-fishery-reform-voluntary-licence-su/history","analysis":"/api/acts/social-security-exempt-lump-sum-south-australia-marine-scalefish-fishery-reform-voluntary-licence-su/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-south-australia-marine-scalefish-fishery-reform-voluntary-licence-su/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-south-australia-marine-scalefish-fishery-reform-voluntary-licence-su/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-south-australia-marine-scalefish-fishery-reform-voluntary-licence-su/documents"}}