South Australian Consolidated Acts South Australian Consolidated Acts (1) The Governor may
make such regulations as are contemplated by this Act, or as are necessary or
expedient for the purposes of this Act.
(2) Without limiting
the generality of subsection (1), regulations may be made in relation
to—
(a)
administration of the scheme; and
(b)
contributions to be made to the Fund; and
(c)
charges to be made against the Fund; and
(d)
accounts and other records to be kept by the Board; and
(e)
benefits and how and when they are paid or dealt with; and
(f) the
division under the Family Law Act 1975 of the Commonwealth of superannuation
interests between spouses who have separated; and
(g)
provision by the Board of investment services and other products and services
(including through the Superannuation Funds Management Corporation of
South Australia and including for the benefit of persons who have retired or
otherwise ceased to be employed); and
(h) the
establishment and management of separate funds or accounts relating to
investment of the money received or held by the Board in the provision of
investment or other services.
(3) Regulations under
this Act may—
(a) be
of general application or limited application; or
(b) make
different provision according to the matters or circumstances to which they
are expressed to apply; or
(c)
provide that a matter or thing in respect of which regulations may be made is
to be determined according to the discretion of the Minister or the Board.
(4) A regulation under
this Act may provide for administrative charges to be fixed by the Board and
for different charges to be fixed depending on the balance of members'
accounts or spouse members' accounts or any other relevant factor.
(5) A regulation under
this Act may make any provision that is necessary in view of the provisions of
Part VIIIB of the Family Law Act 1975 of the Commonwealth, including by
modifying the operation of any provision of this Act in prescribed
circumstances in order to ensure that this Act operates in a manner that is
consistent with, and complementary to, the requirements of that Commonwealth
Act.
(6) A regulation under
this Act may modify the operation of—
(a) a
provision of the Superannuation Act 1988 in its application to members of
the State Scheme who are also members of the Triple S scheme; or
(b) a
provision of the Police Superannuation Act 1990 in its application to
members of the Police Superannuation Scheme who are also members of the
Triple S scheme.
(7) Subject to
subsection (8), a regulation under this Act comes into operation
4 months after the day on which it is made or from such later date as is
specified in the regulation.
(8) A regulation may
come into operation from an earlier day specified in the regulation if—
(a) it
revokes a regulation without making provision in substitution for that
regulation; or
(b) it
corrects an error or inaccuracy in a regulation; or
(c) it
is required to ensure that the scheme is consistent with an Act that comes
into operation on assent or less than 4 months after assent; or
(d) it
is required to ensure that the scheme complies with a provision of the
Superannuation Industry (Supervision) Act 1993 of the Commonwealth; or
(e) it
confers a benefit or right on a person (other than the Board); or
(f) the
Minister certifies that the Minister is satisfied that it is necessary or
appropriate that the regulation come into operation on the specified day.
(9) A regulation under
this Act may not reduce the amount of a person's accrued benefits unless the
regulation is necessary—
(a) to
ensure compliance with a law of the Commonwealth; or
(b) to
rectify a mistake; or
(c) to
facilitate the division under the Family Law Act 1975 of the Commonwealth of
superannuation interests between spouses who have separated.
(10) Regulations
that—
(a) will
or may affect the financial rights or obligations of the Crown under this Act;
or
(b)
relate to a matter referred to in subsection (2)(g),
cannot be made under this section unless they have been approved by the
Treasurer.
(11) A regulation must
not be made under this Act unless the Minister has consulted with the Board on
the proposed regulation and given due regard to any submission made by the
Board in relation to the matter.
(12) Section 10AA of
the Subordinate Legislation Act 1978 does not apply to a regulation under
this Act.