Western Australian Consolidated Acts

STATE SUPERANNUATION ACT 2000 - NOTES

Notes

¹ This reprint is a compilation as at 11 May 2012 of the State Superannuation Act 2000 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
State Superannuation Act 2000	42 of 2000	2 Nov 2000	s. 1 and 2: 2 Nov 2000; Act other than s. 1 and 2: 17 Feb 2001 (see s. 2 and Gazette 16 Feb 2001 p. 903)
Corporations (Consequential Amendments) Act 2001 s. 220	10 of 2001	28 Jun 2001	15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)
Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 19	3 of 2002	17 Apr 2002	21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002 p. 4693)
Corporations (Consequential Amendments) Act (No. 3) 2003 Pt. 15 3	21 of 2003	23 Apr 2003	11 Mar 2002 (see s. 2 and Cwlth Gazette 24 Oct 2001 No. GN42)
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 120 4	55 of 2004	24 Nov 2004	1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)
Superannuation Legislation Amendment and Validation Act 2006 Pt. 35	18 of 2006	31 May 2006	31 May 2006 (see s. 2)
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 17 Div. 9	28 of 2006	26 Jun 2006	1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
Reprint 1: The State Superannuation Act 2000 as at 18 Aug 2006 (includes amendments listed above)
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 160	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
State Superannuation Amendment Act 2007 Pt. 1, 2 and 5 Div. 3 Subdiv. 1 6	25 of 2007	16 Oct 2007	Pt. 1: 16 Oct 2007 (see s. 2(1)(a)); Pt. 2: 6 Dec 2007 (see s. 2(1)(b) and Gazette 5 Dec 2007 p. 5973); Pt. 5 Div. 3 Subdiv. 1: 6 Dec 2007 (see s. 2(1)(e) and Gazette 5 Dec 2007 p. 5973)
Public Sector Reform Act 2010 s. 89	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
State Superannuation Amendment Act 2011	35 of 2011	12 Sep 2011	s. 1 and 2: 12 Sep 2011 (see s. 2(a)); Act other than s. 1 and 2: 30 Mar 2012 (see s. 2(b) and Gazette 16 Mar 2012 p. 1245)
Statutes (Repeals and Minor Amendments) Act 2011 s. 27	47 of 2011	25 Oct 2011	26 Oct 2011 (see s. 2(b))
Reprint 2: The State Superannuation Act 2000 as at 11 May 2012 (includes amendments listed above)

² The Superannuation and Family Benefits Act 1938 and the Government Employees Superannuation Act 1987 were repealed by s. 39 of this Act. Certain provisions of those Acts continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.

³ The Corporations (Consequential Amendments) Act (No. 3) 2003 s. 2-4 read as follows:

2. Commencement

(1) If this Act receives the Royal Assent before the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act comes into operation at the same time as that Schedule comes into operation.

(2) If this Act receives the Royal Assent on or after the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act is deemed to have come into operation at the same time as that Schedule comes into operation.

3. Interpretation

In this Part —

Financial Services Reform Act means the Financial Services Reform Act 2001 of the Commonwealth;

FSR commencement time means the time when Schedule 1 to the Financial Services Reform Act comes into operation;

statutory rule means a regulation, rule or by-law.

4. Validation

(1) This section applies if this Act comes into operation under section 2(2).

(2) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent that could have been done if this Act had received the Royal Assent before the FSR commencement time is taken to be as valid and lawful, and to always have been as valid and lawful, as it would have been if this Act had received the Royal Assent before the FSR commencement time.

(3) Anything done or omitted to have been done by a person after the FSR commencement time and before this Act received the Royal Assent that would have been valid and lawful if the Financial Services Reform Act had not commenced, is taken to be valid and lawful.

(4) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent —

(a) that could only have been validly and lawfully done or omitted because this Act received the Royal Assent after the FSR commencement time; and

(b) that could not have been validly and lawfully done or omitted if this Act had received the Royal Assent before the FSR commencement time,

is taken not to be valid, and to never have been valid.

⁴ The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

⁵ The Superannuation Legislation Amendment and Validation Act 2006 s. 17 and 18 read as follows:

17. Validation of certain payments

(1) In this section —

Superannuation Act means the State Superannuation Act 2000, the Government Employees Superannuation Act 1987 or the Superannuation and Family Benefits Act 1938.

(2) A payment or purported payment of a benefit under the State Superannuation Act 2000, the Government Employees Superannuation Act 1987 or the Superannuation and Family Benefits Act 1938 that was —

(a) made before this section came into operation; and

(b) invalid or ineffective because of the Administration Act 1903 section 10,

is, and is to be taken always to have been, as valid and effective as it would have been if the State Superannuation Act 2000 section 40, as inserted by section 15 of this Act, had been in operation in respect of each Superannuation Act at the time of the payment.

(3) If —

(a) a benefit under the State Superannuation Act 2000, the Government Employees Superannuation Act 1987 or the Superannuation and Family Benefits Act 1938 was paid to an executor or administrator of the estate of a deceased person before this section came into operation; and

(b) the executor or administrator paid, or purportedly paid, some or all of the benefit to another person before this section came into operation; and

(c) the payment was invalid or ineffective because of the Administration Act 1903 section 10,

the executor or administrator is, and is to be taken always to have been, as liable for the payment referred to in paragraph (b) as the executor or administrator would have been if the State Superannuation Act 2000 section 40, as inserted by section 15 of this Act, had been in operation in respect of each Superannuation Act at the time of the payment referred to in paragraph (a).

18. Validation of contributions made for visiting medical practitioners

(1) In this section —

Board means the Government Employees Superannuation Board referred to in the State Superannuation Act 2000 section 5;

visiting medical practitioner means a medical practitioner engaged, other than as an employee, to provide services in a hospital.

(2) This section applies in relation to superannuation contributions made, or purportedly made, under the Government Employees Superannuation Act 1987 or the State Superannuation Act 2000 in respect of a visiting medical practitioner between 1 July 1992 and 30 June 2001.

(3) A thing done, or purportedly done, by the Board in consequence of a superannuation contribution having been made, or purportedly made, in respect of a visiting medical practitioner is, and is to be taken always to have been, as valid and effective as if the contribution had been made in respect of a person who was a member of the relevant scheme.

⁶ The State Superannuation Amendment Act 2007 Pt. 5 Div. 1 and 2 were repealed by the State Superannuation Amendment Act 2007 s. 2(8)(a) and Pt. 3, 4, 5 Div. 3 Subdiv. 2 and Pt. 6 Div. 2 were repealed by the State Superannuation Amendment Act 2011 s. 4 before they purported to come into operation.

Defined Terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined Term Provision(s)
actuary 3(1)
beneficiary 36(4)
benefit 3(1)
benefits 28(3)
Board 3(1)
Board officer 11(3)
borrow money 24(3)
chosen fund 4A(1)
Corporations Act 3(1)
default fund 4A(1)
Department 33(4B)
document 36(4)
employee 4A(1)
Employer 3(1)
exempt employee 4A(1)
flag lifting agreement 38(5D)
Fund 3(1)
fund 4A(1)
GES Act 3(1)
individual superannuation guarantee shortfall 4A(1)
information 36(4)
Member 3(1)
multiplying factor 38(5B)
parliamentary purposes 36(4)
payment split 38(5F)
pension value factor 38(5B)
prior approval Sch. 3 cl. 1
relevant benefit 38(5B)
scheme 3(1)
SGA Act 4A(1)
splitting order 38(5D)
spouse 28(3)
subsidiary 3(1)
superannuation agreement 38(5D)
superannuation guarantee charge 4A(1)
superannuation interest 38(5F)
Treasurer’s guidelines 3(1)