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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Superannuation
Legislation (Commonwealth Employment—Saving and Transitional Provisions)
Bill 1998
No. ,
1998
(Finance and
Administration)
A Bill for an Act to enact
saving and transitional provisions in consequence of the enactment of certain
provisions of the Superannuation Legislation (Commonwealth Employment) Repeal
and Amendment Act 1998
ISBN: 0642 377626
Contents
A Bill for an Act to enact saving and transitional
provisions in consequence of the enactment of certain provisions of the
Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act
1998
The Parliament of Australia enacts:
This Act may be cited as the Superannuation Legislation (Commonwealth
Employment—Saving and Transitional Provisions) Act 1998.
(1) Subject to this section, this Act commences on 1 July 1999.
(2) Part 3 commences on 1 July 1999, at the same time as Schedule 2 to the
Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act
1998.
(3) Part 5 commences on 1 July 1999, at the same time as Schedule 4 to the
Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act
1998.
(4) Part 8 commences on 1 July 1999, at the same time as Schedule 9 to the
Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act
1998.
In this Act:
Commonwealth Superannuation Board means the Commonwealth
Superannuation Board established by the Commonwealth Superannuation Board Act
1998.
(1) This section applies in relation to assets that vest in, or
liabilities that become liabilities of, the Commonwealth Superannuation Board
under section 40A of the Superannuation Act 1976.
(2) All proceedings relating to those assets or liabilities that were
begun before 1 July 1999 by or against the CSS Board and were pending
immediately before that date are taken to be proceedings pending by or against
the Commonwealth Superannuation Board.
(3) Any act, matter or thing done or omitted to be done in relation to
those assets or liabilities before 1 July 1999 by, to or in respect of the CSS
Board is (to the extent that the act, matter or thing has any effect) taken to
have been done or omitted by, to or in respect of the Commonwealth
Superannuation Board.
(4) A reference in any Act, in any instrument made under any Act or in any
document of any kind to the CSS Board is, to the extent that it relates to any
of those assets or liabilities, taken to be, or to include, a reference to the
Commonwealth Superannuation Board.
(1) This section applies if:
(a) any right, title or interest in particular land vests in the
Commonwealth Superannuation Board under subsection 40A(2) of the
Superannuation Act 1976; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Minister or by a person authorised under subsection
(4); and
(ii) identifies the land, whether by reference to a map or otherwise;
and
(iii) states that the right, title or interest has become vested in the
Commonwealth Superannuation Board under subsection 40A(2) of the
Superannuation Act 1976.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the
way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A document that appears to be a certificate under subsection (1) is
taken to be such a certificate, and to have been properly given, unless the
contrary is established.
(4) The Minister may, by writing, authorise a person to sign certificates
under subsection (1).
(5) The Lands Acquisition Act 1989 does not apply in relation to
anything done under this section.
(6) In this section:
land registration official, in relation to land, means the
Registrar of Titles or other proper officer of the State or Territory in which
the land is situated.
(1) This section applies if:
(a) an asset other than land vests in the Commonwealth Superannuation
Board under subsection 40A(2) of the Superannuation Act 1976;
and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Minister or by a person authorised under subsection
(4) of this section; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the Commonwealth
Superannuation Board under subsection 40A(2) of the Superannuation Act
1976.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper
and appropriate instrument for transactions in relation to assets of that kind;
and
(b) make such entries in the register as are necessary having regard to
the effect of subsection 40A(2) of the Superannuation Act 1976.
(3) A document that appears to be a certificate under subsection (1) is
taken to be such a certificate, and to have been properly given, unless the
contrary is established.
(4) The Minister may, by writing, appoint a person to sign certificates
under subsection (1).
(5) In this section:
assets official means the person or authority who, under a
law of the Commonwealth, a State or a Territory, under a trust instrument or
otherwise, has responsibility for keeping a register in relation to assets of
the kind concerned.
Despite the repeals of sections 161, 161A and 162 of the
Superannuation Act 1976 effected by Part 1 of Schedule 1 to the
Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act
1998, those sections continue to apply in respect of financial years that
began before the repeal of those sections, but:
(a) the Commonwealth Superannuation Board is to perform any obligations
under those sections of the CSS Board or Commissioner for Superannuation
referred to in those sections; and
(b) the reference in section 161 of the Superannuation Act 1976 to
the performance of the functions of the CSS Board during a financial year
includes a reference to the doing of anything that is taken, by section 7 of
this Act, to have been done under that Act during that financial year by the
Commonwealth Superannuation Board.
Despite the repeal of section 14A of the Superannuation Act 1976
effected by Part 1 of Schedule 1 to the Superannuation Legislation
(Commonwealth Employment) Repeal and Amendment Act 1998, the modifications
of the Superannuation Act 1976 made by regulations in force under
subsection (3) of that section immediately before the repeal continue to apply
in relation to people to whom those modifications applied at that
time.
If:
(a) an application to the Administrative Appeals Tribunal for a review of
a decision was made under subsection 154(6) of the Superannuation Act
1976 before the repeal of section 154 that was effected by Part 1 of
Schedule 1 to the Superannuation Legislation (Commonwealth Employment) Repeal
and Amendment Act 1998; and
(b) the application had not been determined by the Tribunal before that
section was repealed;
the following paragraphs have effect:
(c) the Tribunal may continue to hear and determine the application as if
that section had not been repealed; and
(d) if the Tribunal varies the decision or sets aside the decision and
substitutes a different decision, the decision as varied, or the substituted
decision, as the case may be, is taken to be a decision of the Commonwealth
Superannuation Board.
(1) Any determination, declaration, decision or payment made, any
direction, approval or notice given, any contract or arrangement entered into,
any report or statement furnished, or any other thing done, under or for the
purposes of the Superannuation Act 1976 or the regulations in force under
that Act, at a time (the relevant time) before the commencement of
this Part, by:
(a) the CSS Board that existed under section 27A of that Act as in force
at the relevant time; or
(b) the Commissioner for Superannuation referred to in Part II of that Act
as so in force; or
(c) a delegate of that Board or of the Commissioner;
is taken, for all purposes, to have been made, given, entered into,
furnished or done by the Commonwealth Superannuation Board as if that Board had
been in existence at the relevant time.
(2) Any payment made, any notice given, or any other thing done, under or
for the purposes of the Superannuation Act 1976 or the regulations in
force under that Act, at a time (the relevant time) before the
commencement of this Part, to or in respect of:
(a) the CSS Board that existed under section 27A of that Act as in force
at the relevant time; or
(b) the Commissioner for Superannuation referred to in Part II of that Act
as so in force; or
(c) a delegate of that Board or of the Commissioner;
is taken, for all purposes, to have been made, given or done to or in
respect of the Commonwealth Superannuation Board as if that Board had been in
existence at the relevant time.
(1) Despite the repeal of the Superannuation Act 1976 effected by
Schedule 2 to the Superannuation Legislation (Commonwealth Employment) Repeal
and Amendment Act 1998, the repealed Superannuation Act 1976, and any
regulations or other instruments that were in force under that Act immediately
before its repeal, continue to apply according to their terms but have effect
only in respect of people who:
(a) were receiving, or were entitled to receive, pensions or benefits
under that Act immediately before the repeal or were entitled at that time to
pensions or benefits under that Act that were not immediately payable;
or
(b) would have received, or would have become entitled to receive,
pensions or benefits under that Act at a later time if it had not been repealed
or would have become entitled at a later time under that Act if it had not been
repealed to pensions or benefits that were not immediately payable.
(2) Part 2 continues to apply in respect of people in respect of whom the
repealed Superannuation Act 1976 continues to apply under subsection
(1).
(3) A reference in any law of the Commonwealth to the Superannuation
Act 1976, to a specified provision of that Act, or to a regulation or other
instrument in force under that Act, is taken (except in relation to a time
before the repeal of that Act) to be a reference to the repealed
Superannuation Act 1976, to that provision of the repealed
Superannuation Act 1976, or to the regulation or other instrument, as the
case may be, as it continues to apply under subsection (1).
(1) This section applies in relation to assets that vest in, or
liabilities that become liabilities of, the Commonwealth Superannuation Board
under section 4A of the Superannuation Act 1990.
(2) All proceedings relating to those assets or liabilities that were
begun before 1 July 1999 by or against the PSS Board and were pending
immediately before that date are taken to be proceedings pending by or against
the Commonwealth Superannuation Board.
(3) Any act, matter or thing done or omitted to be done in relation to
those assets or liabilities before 1 July 1999 by, to or in respect of the PSS
Board is (to the extent that the act, matter or thing has any effect) taken to
have been done or omitted by, to or in respect of the Commonwealth
Superannuation Board.
(4) A reference in any Act, in any instrument made under any Act or in any
document of any kind to the PSS Board is, to the extent that it relates to any
of those assets or liabilities, taken to be, or to include, a reference to the
Commonwealth Superannuation Board.
(1) This section applies if:
(a) any right, title or interest in particular land vests in the
Commonwealth Superannuation Board under subsection 4A(2) of the
Superannuation Act 1990; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Minister or by a person authorised under subsection
(4); and
(ii) identifies the land, whether by reference to a map or otherwise;
and
(iii) states that the right, title or interest has become vested in the
Commonwealth Superannuation Board under subsection 4A(2) of the
Superannuation Act 1990.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the
way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A document that appears to be a certificate under subsection (1) is
taken to be such a certificate, and to have been properly given, unless the
contrary is established.
(4) The Minister may, by writing, authorise a person to sign certificates
under subsection (1).
(5) The Lands Acquisition Act 1989 does not apply in relation to
anything done under this section.
(6) In this section:
land registration official, in relation to land, means the
Registrar of Titles or other proper officer of the State or Territory in which
the land is situated.
(1) This section applies if:
(a) an asset other than land vests in the Commonwealth Superannuation
Board under subsection 4A(2) of the Superannuation Act 1990;
and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Minister or by a person authorised under subsection
(4); and
(ii) identifies the assets; and
(iii) states that the asset has become vested in the Commonwealth
Superannuation Board under subsection 4A(2) of the Superannuation Act
1990.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper
and appropriate instrument for transactions in relation to assets of that kind;
and
(b) make such entries in the register as are necessary having regard to
the effect of subsection 4A(2) of the Superannuation Act 1990.
(3) A document that appears to be a certificate under subsection (1) is
taken to be such a certificate, and to have been properly given, unless the
contrary is established.
(4) The Minister may, by writing, appoint a person to sign certificates
under subsection (1).
(5) In this section:
assets official means the person or authority who, under a
law of the Commonwealth, a State or a Territory, under a trust instrument or
otherwise, has responsibility for keeping a register in relation to assets of
the kind concerned.
Despite the repeal of Part 6 of the Superannuation Act 1990
effected by Part 1 of Schedule 3 to the Superannuation Legislation
(Commonwealth Employment) Repeal and Amendment Act 1998, section 28 of the
Superannuation Act 1990 continues to apply in respect of financial years
that began before the repeal, but:
(a) the Commonwealth Superannuation Board is to perform the obligations
under that section of the PSS Board referred to in that section; and
(b) the reference in that section to the performance of the functions of
the PSS Board during a financial year includes a reference to the doing of
anything that is taken, by section 16 of this Act, to have been done under the
Superannuation Act 1990 during that financial year by the Commonwealth
Superannuation Board.
(1) In this section:
Trust Deed has the same meaning as in the Superannuation
Act 1990.
(2) Any determination, declaration, decision or payment made, any
direction, approval or notice given, any contract or arrangement entered into,
or any other thing done, under or for the purposes of the Superannuation Act
1990 or the Trust Deed, at a time (the relevant time) before
the commencement of this Part, by:
(a) the PSS Board that existed under section 20 of that Act as in force at
the relevant time; or
(b) a delegate of that Board;
is taken, for all purposes, to have been made, given, entered into or done
by the Commonwealth Superannuation Board as if that Board had been in existence
at the relevant time.
(3) Any payment made, any notice given, or any other thing done, under or
for the purposes of the Superannuation Act 1990 or the Trust Deed, at a
time (the relevant time) before the commencement of this Part, to
or in respect of:
(a) the PSS Board that existed under section 20 of that Act as in force at
the relevant time; or
(b) a delegate of that Board;
is taken, for all purposes, to have been made, given or done to or in
respect of the Commonwealth Superannuation Board as if that Board had been in
existence at the relevant time.
In this Part:
Rules means the Rules for the administration of the Public
Sector Superannuation Scheme set out in the Schedule to the Trust
Deed.
Trust Deed means the deed that was referred to in section 4
of the repealed Superannuation Act 1990, as that deed was subsequently
amended.
(1) Despite the repeal of the Superannuation Act 1990 effected by
Schedule 4 to the Superannuation Legislation (Commonwealth Employment) Repeal
and Amendment Act 1998, the repealed Superannuation Act 1990, any
regulations or other instruments that were in force under that Act immediately
before its repeal, and the Trust Deed, continue to apply according to their
terms but have effect only in respect of people who:
(a) were receiving, or were entitled to receive, pensions or benefits
under the Rules immediately before the repeal or were entitled at that time to
pensions or benefits under the Rules that were not immediately payable;
or
(b) would have received, or would have become entitled to receive,
pensions or benefits under the Rules at a later time if the Superannuation
Act 1990 had not been repealed or would have become entitled at a later time
under the Rules if the Superannuation Act 1990 had not been repealed to
pensions or benefits that would not have been immediately payable.
(2) Part 4 continues to apply in respect of people in respect of whom the
repealed Superannuation Act 1990 continues to apply under subsection
(1).
(3) A reference in any law of the Commonwealth to the Superannuation
Act 1990, to a specified provision of that Act, to a regulation or other
instrument in force under that Act, or to the Trust Deed, is taken (except in
relation to a time before the repeal of that Act) to be a reference to the
repealed Superannuation Act 1990, to that provision of the repealed
Superannuation Act 1990, to the regulation or other instrument, or to the
Trust Deed, as the case may be, as it continues to apply under subsection
(1).
(1) Despite the repeal of the Superannuation Act 1922 effected by
Schedule 6 to the Superannuation Legislation (Commonwealth Employment) Repeal
and Amendment Act 1998, the repealed Superannuation Act 1922 (other
than sections 140 and 149B), and any regulations or other instruments that were
in force under that Act immediately before its repeal, continue to apply,
subject to subsection (2), according to their terms but have effect only in
respect of people who:
(a) were receiving, or entitled to receive, pensions or benefits under
that Act immediately before the repeal or were entitled at that time to pensions
or benefits under that Act that were not immediately payable; or
(b) would have received, or would have become entitled to receive,
pensions or benefits under that Act at a later time if it had not been repealed
or would have become entitled at a later time under that Act if it had not been
repealed to pensions or benefits that were not immediately payable.
(2) A reference in the repealed Superannuation Act 1922, or in any
regulations or other instruments under that repealed Act, as that repealed Act
and those regulations or other instruments continue to apply under subsection
(1), to the Superannuation Board that was constituted by that Act or to the
Commissioner for Superannuation is taken, unless the context otherwise requires,
to be a reference to the Commonwealth Superannuation Board.
(3) A reference in any law of the Commonwealth to the Superannuation
Act 1922 is taken (except in relation to a time before the repeal of that
Act) to be a reference to the repealed Superannuation Act 1922 as it
continues to apply under this section.
(1) Any determination, declaration, decision or payment made, any
direction, approval or notice given, any contract or arrangement entered into,
or any other thing done, under or for the purposes of the Superannuation Act
1922, at a time (the relevant time) before its repeal,
by:
(a) the Superannuation Board that was constituted by the repealed Act;
or
(b) the Commissioner for Superannuation referred to in Part II of the
Superannuation Act 1976 as in force at the relevant time; or
(c) a delegate of that Board or of the Commissioner;
is taken, for the purposes of the repealed Superannuation Act 1922
as it continues to apply under section 19, to have been made, given, entered
into or done by the Commonwealth Superannuation Board as if that Board had been
in existence at the relevant time.
(2) Any payment made, any notice given, or any other thing done, under or
for the purposes of the Superannuation Act 1922, at a time (the
relevant time) before its repeal, to or in respect of:
(a) the Superannuation Board that was constituted by the repealed Act;
or
(b) the Commissioner for Superannuation referred to in Part II of the
Superannuation Act 1976 as in force at that time; or
(c) a delegate of that Board or of the Commissioner;
is taken, for the purposes of the repealed Superannuation Act 1922
as it continues to apply under section 19, to have been made, given or done to
or in respect of the Commonwealth Superannuation Board as if that Board had been
in existence at the relevant time.
Any declaration made by the Minister under section 3D or 3E, or any
determination made by the Minister under section 4G, of the Superannuation
(Productivity Benefit) Act 1988 and in force immediately before the
commencement of Schedule 8 to the Superannuation Legislation (Commonwealth
Employment) Repeal and Amendment Act 1998 continues in force as if it has
been made by the Commonwealth Superannuation Board under that section by a
method of calculation notified to the Board by the Minister.
In this Part:
designated employer has the same meaning as in the
Productivity Benefit Act.
interim benefit has the same meaning as in the Productivity
Benefit Act.
Productivity Benefit Act means the Superannuation
(Productivity Benefit) Act 1988.
qualified employee has the same meaning as in the
Productivity Benefit Act.
relevant time means the time immediately before the repeal of
the Productivity Benefit Act.
repealed Productivity Benefit Act means the repealed
Superannuation (Productivity Benefit) Act 1988 as that repealed Act
continues to apply under section 23.
transitional period of employment, in relation to a person
who was a qualified employee at the relevant time, means the period of the
employment for which the person was engaged at that time.
(1) Despite the repeal of the Productivity Benefit Act effected by
Schedule 9 to the Superannuation Legislation (Commonwealth Employment) Repeal
and Amendment Act 1998, the repealed Productivity Benefit Act, and any
regulations, declarations, determinations or other instruments that were in
force under that Act at the relevant time, continue to apply according to their
terms but have effect only in respect of any of the following people:
(a) a person who was a qualified employee at the relevant time and in
respect of whom any of the contributions that were required under the
Productivity Benefit Act to be paid by the person’s designated employer
were not paid before that time;
(b) a person in respect of whom all the following subparagraphs
apply:
(i) the person was a qualified employee at the relevant time and would
have continued to be a qualified employee until the end of his or her
transitional period of employment if the Productivity Benefit Act had not been
repealed;
(ii) the person’s transitional period of employment has not
ended;
(iii) the contributions that would, if this paragraph had not been
enacted, be required to be paid in respect of the person under the
Superannuation Guarantee (Administration) Act 1992 by the person’s
employer would be less than the contributions that would be required to be paid
if the Productivity Benefit Act had not been repealed;
(c) a person who had ceased to be a qualified employee at a time earlier
than the relevant time and in respect of whom any of the contributions that were
required under the Productivity Benefit Act to be paid by the person’s
designated employer were not paid before the relevant time;
(d) a person who had ceased to be a qualified employee at a time earlier
than the relevant time and in respect of whom an interim benefit that was
required under the Productivity Benefit Act to be paid by the person’s
designated employer was not paid before the relevant time.
(2) Part 7 continues to apply in respect of people in respect of whom the
repealed Productivity Benefit Act continues to apply under subsection
(1).
(3) A reference in any law of the Commonwealth to the Productivity Benefit
Act is taken (except in relation to a time before the repeal of that Act) to be
a reference to the repealed Productivity Benefit Act as it continues to apply
under subsection (1).
In this Part:
Principal Act means the Papua New Guinea (Staffing
Assistance) Act 1973 as in force immediately before the making of the
relevant amendments.
relevant amendments means the amendments of the Papua New
Guinea (Staffing Assistance) Act 1973 made by Schedule 11 to the
Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act
1998.
(1) Subject to subsection (2), the Principal Act continues to apply, as if
the relevant amendments had not been made, in respect of people who:
(a) were receiving, or entitled to receive, pensions or benefits under
that Act immediately before the relevant amendments took effect or were entitled
at that time to pensions or benefits under that Act that were not immediately
payable; or
(b) would have received, or would have become entitled to receive,
pensions or benefits under that Act at a later time if the relevant amendments
had not been made or would have become entitled at a later time under that Act
if the relevant amendments had not been made to pensions or benefits that were
not immediately payable.
(2) Any reference to the Commissioner for Superannuation in the Principal
Act as it continues to apply under subsection (1) is taken, unless the context
otherwise requires, to be a reference to the Commonwealth Superannuation
Board.
(1) Any determination, declaration, decision or payment made, any
direction, approval or notice given, any contract or arrangement entered into,
or any other thing done, under or for the purposes of the Principal Act, at a
time (the relevant time) before the commencement of this Part,
by:
(a) the Commissioner for Superannuation referred to in Part II of the
Superannuation Act 1976 as in force at the relevant time; or
(b) a delegate of the Commissioner;
is taken, for the purposes of the Principal Act as it continues to apply
under section 25, to have been made, given, entered into or done by the
Commonwealth Superannuation Board as if that Board had been in existence at the
relevant time.
(2) Any payment made, any notice given, or any other thing done, under or
for the purposes of the Principal Act, at a time (the relevant
time) before the commencement of this Part, to or in respect
of:
(a) the Commissioner for Superannuation referred to in Part II of the
Superannuation Act 1976 as in force at the relevant time; or
(b) a delegate of the Commissioner;
is taken, for the purposes of the Principal Act as it continues to apply
under section 25, to have been made, given or done to or in respect of the
Commonwealth Superannuation Board as if that Board had been in existence at the
relevant time.
(1) During the period of 3 years beginning on 1 July 1999, each
superannuation scheme constituted by the superannuation legislation is to be
administered, on behalf of the Commonwealth Superannuation Board, by one or more
nominated bodies or, if there is no nominated body, by the
Commonwealth.
(2) If there are 2 or more nominated bodies, the authorised person may
determine:
(a) the superannuation schemes that are to be respectively administered by
each of those bodies; or
(b) the aspects or parts of the administration of the superannuation
schemes that are to be respectively administered by each of those
bodies.
(3) A reference in this section to the administering of, or of an aspect
or part of, a superannuation scheme does not include a reference to:
(a) the investment of money contributed under the scheme; or
(b) the management of any such investment; or
(c) the provision to the Board of such other services as are agreed
between the Board and the authorised person.
(4) The Minister may, by writing, authorise a person to perform the
functions of the authorised person under this section.
(5) The authorised person may, by writing, make determinations and
nominations for the purposes of this section.
(6) In this section:
authorised person means the Minister or a person authorised
by the Minister to perform the functions of the authorised person under this
section.
nominated body means an incorporated company or other body
corporate that:
(a) has entered into an agreement or arrangement with the Commonwealth
that:
(i) provides for the company or other body to be nominated for the
purposes of this section; and
(ii) includes provisions with respect to the charges to be made by the
company or other body to the Board in connection with the administration of
superannuation schemes on behalf of the Board; and
(b) has been nominated by the authorised person for those purposes in
accordance with the agreement or arrangement.
superannuation legislation has the same meaning as in the
Commonwealth Superannuation Board Act 1998.