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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence Legislation Amendment
(Superannuation and ADF Cover) Bill
2015
No. , 2015
(Defence)
A Bill for an Act to amend the law relating to
defence and superannuation, and for related
purposes
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
4
Part 1--Amendments
4
Defence Act 1903
4
Defence Force Retirement and Death Benefits Act 1973
6
Future Fund Act 2006
11
Governance of Australian Government Superannuation Schemes Act
2011
12
Income Tax Assessment Act 1997
14
Military Rehabilitation and Compensation Act 2004
14
Military Superannuation and Benefits Act 1991
15
Superannuation Act 2005
16
Superannuation Industry (Supervision) Act 1993
17
Superannuation (Resolution of Complaints) Act 1993
17
Part 2--Application provisions
19
Schedule 2--Flexible service arrangements in the Permanent
Forces
21
Air Force Act 1923
21
Defence Act 1903
24
Defence Force Retirement and Death Benefits Act 1973
27
Naval Defence Act 1910
27
Schedule 3--Amendments contingent on the Acts and
Instruments (Framework Reform) Act 2015
31
Australian Defence Force Superannuation Act 2015
31
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
1
A Bill for an Act to amend the law relating to
1
defence and superannuation, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Defence Legislation Amendment
6
(Superannuation and ADF Cover) Act 2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) the beginning of the day after this Act
receives the Royal Assent; and
(b) the commencement of the Australian
Defence Force Superannuation Act 2015.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
3. Schedule 2
The later of:
(a) the beginning of the day after this Act
receives the Royal Assent; and
(b) the beginning of 1 July 2016.
4. Schedule 3
The later of:
(a) immediately after the commencement of
Schedule 1 to this Act; and
(b) the commencement of Schedule 1 to the
Acts and Instruments (Framework
Reform) Act 2015.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Main amendments
Part 1 Amendments
4
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
Schedule 1
--Main amendments
1
Part 1
--Amendments
2
Defence Act 1903
3
1 Part IIIAA (heading)
4
Repeal the heading, substitute:
5
Part IIIAA--Superannuation
6
2 After section 52
7
Insert:
8
52A Department's employer superannuation contributions
9
(1) This section applies in relation to a person if:
10
(a) the person:
11
(i) renders service as a member of the Permanent Forces on
12
or after 1 July 2016; or
13
(ii) renders continuous full time naval, military or air force
14
service as a member of the Reserves on or after that day;
15
and
16
(b) the person:
17
(i) is a member of the Australian Defence Force
18
Superannuation Scheme; or
19
(ii) would have been a member of ADF Super except that
20
another fund has become the person's chosen fund for
21
contributions by the Department.
22
Employer superannuation contributions
23
(2) Each payday for the person, the Department must contribute to the
24
person's chosen fund, for the benefit of the person, 16.4% of the
25
ordinary time earnings paid by the Department for the person for
26
the pay period.
27
Main amendments Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
5
Definitions
1
(3) In this section:
2
ADF Super has the meaning given by the Australian Defence
3
Force Superannuation Act 2015.
4
chosen fund for a person:
5
(a) if the person has chosen a fund under section 32F of the
6
Superannuation Guarantee (Administration) Act 1992--has
7
the same meaning as in that section; or
8
(b) otherwise--means ADF Super.
9
ordinary time earnings for a person is the number of dollars in the
10
person's ordinary time earnings (within the ordinary meaning of
11
the expression):
12
(a) including any payments of parental leave; but
13
(b) excluding any amount that is deducted from those earnings
14
under a salary sacrifice arrangement.
15
payday for a person means the day on which the person's ordinary
16
time earnings are ordinarily paid for a pay period.
17
pay period for a person means the period in relation to which
18
person's ordinary time earnings are ordinarily paid.
19
52B Providing information to CSC in relation to invalidity
20
The Department may disclose information obtained by the
21
Department to CSC if:
22
(a) the information relates to a person:
23
(i) who has been, or is to be, retired from the Defence
24
Force; or
25
(ii) whose service in the Defence Force has been, or is to be,
26
terminated;
27
as a result of physical or mental impairment; and
28
(b) the information is provided to CSC for the purposes of:
29
(i) Part V of the Defence Force Retirement and Death
30
Benefits Act 1973 (invalidity benefits); or
31
(ii) Division 2 of Part 3 of the Schedule to the Military
32
Superannuation and Benefits Trust Deed (invalidity
33
Schedule 1 Main amendments
Part 1 Amendments
6
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
benefits) made under section 4 of the Military
1
Superannuation and Benefits Act 1991.
2
Note:
This section constitutes an authorisation for the purposes of other
3
laws, such as the Privacy Act 1988.
4
Defence Force Retirement and Death Benefits Act 1973
5
3 Subsection 3(1)
6
Insert:
7
continuous full-time Reservist has the meaning given by the
8
Australian Defence Force Superannuation Act 2015.
9
4 Subsection 3(1) (definition of eligible child)
10
Omit "16" (wherever occurring), substitute "18".
11
5 Subsection 3(1) (subparagraphs (a)(i) and (ii) of the
12
definition of eligible member of the Defence Force)
13
After "re-engagement", insert "that occurred before 1 July 2016".
14
6 Subsection 3(1) (at the end of the definition of eligible
15
member of the Defence Force)
16
Add:
17
Note:
For a continuous full-time Reservist whose engagement spans 30 June
18
2016, see section 5B.
19
7 Subsection 3(1) (subparagraph (a)(ii) of the definition of
20
period of effective service)
21
Omit "57 or 58", substitute "5B or 57".
22
8 Subsection 3(1) (paragraph (b) of the definition of period of
23
effective service)
24
Omit "subsection 62(3) or section".
25
9 Subsection 3(1) (definition of recipient member)
26
Repeal the definition, substitute:
27
recipient member:
28
Main amendments Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
7
(a) means a member of the scheme who is entitled to retirement
1
pay or invalidity pay; and
2
(b) includes a member of the scheme who, apart from the
3
suspension of his or her invalidity pay under
4
subsection 35(3), would be entitled to invalidity pay.
5
10 Subsection 3(1) (definition of total period of effective
6
service)
7
Omit ", subject to subsections 62(4) and (5)".
8
11 At the end of section 5
9
Add:
10
(4) Subsection (3) does not apply in relation to a person who is taken
11
to have retired under section 5B.
12
12 Paragraph 5A(2)(b)
13
Repeal the paragraph.
14
13 After section 5A
15
Insert:
16
5B Continuous full-time Reservists whose engagements span 30 June
17
2016
18
(1) This section applies if:
19
(a) a person is an eligible member of the Defence Force; and
20
(b) the person commences as a continuous full-time Reservist as
21
a result of an engagement that is made before 1 July 2016;
22
and
23
(c) the period of the engagement is extended on or after that day.
24
(2) For the purposes of this Act, the person is taken:
25
(a) to have retired, but not at his or her own request, on the day
26
before the day (the extension day) the period of the
27
engagement is extended; and
28
(b) to have commenced as a continuous full-time Reservist on
29
the extension day.
30
Schedule 1 Main amendments
Part 1 Amendments
8
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
Note:
The effect of this section is that this Act applies in relation to service
1
before the extension day, while the Australian Defence Force
2
Superannuation Act 2015 applies in relation to service on and after the
3
extension day.
4
(3) For the purposes of this Act, disregard as a period of effective
5
service the service rendered on or after the extension day of any
6
member who is taken to have retired under this section.
7
14 Subsection 23(1)
8
Repeal the subsection, substitute:
9
(1) A contributing member is entitled, on the member's retirement, to
10
retirement pay at the rate applicable to the member under this
11
section if:
12
(a) the member retires and is not entitled to invalidity benefit;
13
and
14
(b) on the member's retirement:
15
(i) the member's total period of effective service is not less
16
than 20 years; or
17
(ii) the member's total period of effective service is not less
18
than 15 years and the member has attained the retiring
19
age for the rank held by the member immediately before
20
the member's retirement.
21
15 Subsection 23(5)
22
Repeal the subsection.
23
16 Subsection 24(1A)
24
Omit "subsection 62(1) or (2)", substitute "section 62".
25
17 Paragraph 24(1B)(a)
26
Omit "subsection 62(1)", substitute "section 62".
27
18 Paragraphs 24(2A)(a) and (b)
28
Repeal the paragraphs, substitute:
29
(a) any amount or amounts specified in any previous election or
30
elections by the person, under this section or section 32A of
31
this Act, to commute a portion or portions of his or her
32
retirement pay or invalidity pay, as the case may be; and
33
Main amendments Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
9
(b) any amount paid to the person as a result of an application,
1
under section 74 of the previous Act, to commute a portion of
2
any pension payable to him or her under that Act reduced by
3
any amount or amounts required, under subsection 69(1B) or
4
69(3A) of the previous Act, to be paid by the person to the
5
Defence Forces Retirement Benefits Fund established under
6
the previous Act, in respect of that commutation;
7
19 Subsections 24(5) to (7)
8
Repeal the subsections.
9
20 Subsection 30(3)
10
Omit "subsection 62(1)", substitute "section 62".
11
21 Subsection 32A(1A)
12
Omit "subsection 62(1) or (2)", substitute "section 62".
13
22 Paragraphs 32A(4)(a) and (b)
14
Repeal the paragraphs, substitute:
15
(a) any amount or amounts specified in any previous election or
16
elections by the member, under this section or section 24 of
17
this Act, to commute a portion or portions of his or her
18
retirement pay or invalidity pay, as the case may be; and
19
(b) any amount paid to the member as a result of an application,
20
under section 74 of the previous Act, to commute a portion of
21
any pension payable to him or her under that Act reduced by
22
any amount or amounts required, under subsection 69(1B) or
23
69(3A) of the previous Act, to be paid by the member to the
24
Defence Forces Retirement Benefits Fund established under
25
the previous Act in respect of that commutation;
26
23 Subsection 49Q(1)
27
Repeal the subsection, substitute:
28
(1) If:
29
(a) a person's invalidity pay, worked out having regard to
30
section 49N, is cancelled under section 62; and
31
(b) after that cancellation, the person becomes entitled to
32
retirement pay or invalidity pay;
33
Schedule 1 Main amendments
Part 1 Amendments
10
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
the rate of the person's retirement pay or invalidity pay mentioned
1
in paragraph (b) is to be reduced in accordance with section 49N.
2
24 Subsection 49Q(2)
3
Omit "retirement pay or".
4
25 Section 58
5
Repeal the section.
6
26 Sections 61B to 61D
7
Repeal the sections.
8
27 Subsection 62(1)
9
Omit "(1)".
10
28 Subsection 62(1)
11
Omit "retirement pay or invalidity pay, as the case may be,", substitute
12
"or her invalidity pay".
13
29 At the end of subsection 62(1)
14
Add "(except if the rate of the invalidity pay is determined under
15
subsection 31(3))".
16
30 Subsections 62(2) to (8)
17
Repeal the subsections.
18
31 At the end of sections 63 and 64
19
Add:
20
(3) This section does not apply in relation to a person who is taken to
21
have retired under section 5B.
22
32 Section 98C
23
Omit ", 61C(1), 61D(2) or 135(2)".
24
33 Subsection 102(1)
25
After "Part", insert "or Part 5 of the Australian Defence Force Cover
26
Act 2015".
27
Main amendments Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
11
34 Subsection 102(1) (note)
1
After "Note", insert "1".
2
35 At the end of subsection 102(1)
3
Add:
4
Note 2:
Part 5 of the Australian Defence Force Cover Act 2015 provides for
5
CSC to refer to the Panel a decision of CSC under that Act if a person
6
affected by the decision requests CSC to reconsider the decision.
7
36 Subsection 106(1)
8
After "referred to it", insert "under section 99".
9
37 At the end of subsection 106(1)
10
Add:
11
Note:
Part 5 of the Australian Defence Force Cover Act 2015 contains
12
similar provisions for CSC to take into account recommendations of
13
the Panel relating to decisions referred to it under that Part, and to
14
confirm or vary those decisions or set them aside and substitute new
15
decisions.
16
38 Subsection 135(1)
17
Omit "(1)".
18
39 Subsection 135(2)
19
Repeal the subsection.
20
Future Fund Act 2006
21
40 Section 5 (after paragraph (g) of the definition of
22
superannuation benefit)
23
Insert:
24
(ga) the Australian Defence Force Cover Act 2015; or
25
Schedule 1 Main amendments
Part 1 Amendments
12
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
Governance of Australian Government Superannuation
1
Schemes Act 2011
2
41 After subparagraph 3(b)(iv)
3
Insert:
4
or (v) the Australian Defence Force Superannuation Act 2015;
5
or
6
(vi) the Australian Defence Force Cover Act 2015;
7
42 Section 4 (after paragraph (d) of the definition of Act
8
administered by CSC)
9
Insert:
10
(da) the Australian Defence Force Superannuation Act 2015; or
11
(db) the Australian Defence Force Cover Act 2015; or
12
43 Section 4
13
Insert:
14
ADF Cover (short for the Australian Defence Force Cover
15
Scheme) means the scheme provided for by the Australian Defence
16
Force Cover Act 2015.
17
ADF Super (short for the Australian Defence Force
18
Superannuation Scheme) has the same meaning as in the
19
Australian Defence Force Superannuation Act 2015.
20
ADF Super Fund has the same meaning as in the Australian
21
Defence Force Superannuation Act 2015.
22
44 Section 4 (at the end of the definition of governing deed)
23
Add:
24
; or (d) in relation to the ADF Super--the Trust Deed (within the
25
meaning of the Australian Defence Force Superannuation
26
Act 2015).
27
45 Section 4 (definition of military schemes)
28
Repeal the definition, substitute:
29
military schemes means:
30
Main amendments Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
13
(a) the DFRB, DFRDB, DFSPB, MSB, ADF Super or ADF
1
Cover; or
2
(b) the DFRB, DFRDB, DFSPB, MSB, ADF Super and ADF
3
Cover.
4
46 Section 4 (after paragraph (b) of the definition of
5
superannuation fund administered by CSC)
6
Insert:
7
(ba) the ADF Super Fund; or
8
47 Section 4 (after paragraph (f) of the definition of
9
superannuation scheme administered by CSC)
10
Insert:
11
(fa) the ADF Super; or
12
(fb) the ADF Cover; or
13
48 After paragraph 8(3)(d)
14
Insert:
15
or (e) the Australian Defence Force Superannuation Act 2015; or
16
(f) the Australian Defence Force Cover Act 2015;
17
49 Subparagraph 30(1)(c)(i)
18
After "DFSPB", insert ", ADF Cover".
19
50 After paragraph 30(2)(b)
20
Insert:
21
(ba) the Australian Defence Force Cover Act 2015; and
22
51 Paragraphs 34(1)(b) and (2)(b) and 35(3)(a)
23
After "DFSPB", insert ", ADF Cover".
24
52 Subsection 35(5)
25
After "Act)", insert ", and the Australian Defence Force
26
Superannuation Act 2015 and the Trust Deed (within the meaning of
27
that Act)".
28
Schedule 1 Main amendments
Part 1 Amendments
14
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
53 Subsection 36(2) (cell at table item 1, column headed
"If
1
the decision was made by CSC or its delegate under
2
...
")
3
Repeal the cell, substitute:
4
5
(a) the Defence Force Retirement
and Death Benefits Act 1973 or
regulations made under that
Act; or
(b) the Defence Forces Retirement
Benefits Act 1948 or regulations
made under that Act; or
(c) the Australian Defence Force
Cover Act 2015 or rules made
under that Act
Income Tax Assessment Act 1997
6
54 After paragraph 55-5(1)(c)
7
Insert:
8
(ca) Australian Defence Force Superannuation Act 2015;
9
(cb) Australian Defence Force Cover Act 2015;
10
Military Rehabilitation and Compensation Act 2004
11
55 Subsection 5(1) (paragraphs (aa) and (a) of the definition
12
of Commonwealth superannuation scheme)
13
After "authority" (last occurring), insert "and the Australian Defence
14
Force Cover Act 2015".
15
56 Subsection 5(1) (at the end of paragraph (b) of the
16
definition of Commonwealth superannuation scheme)
17
Add "or the Australian Defence Force Cover Act 2015".
18
Main amendments Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
15
Military Superannuation and Benefits Act 1991
1
57 Subsection 3(1)
2
Insert:
3
member of the Scheme has the meaning given by sections 6 and 7.
4
58 Section 6
5
Repeal the section, substitute:
6
6 Membership of Superannuation Scheme
7
(1) Each of the following persons is a member of the Scheme:
8
(a) a person who is a member of the Permanent Forces;
9
(b) a member of the Reserves:
10
(i) whose undertaking to render a period of continuous
11
full-time service has been accepted; and
12
(ii) who is rendering that continuous service under the
13
undertaking.
14
(2) This section is subject to section 7.
15
7 Persons excluded from membership of Superannuation Scheme
16
Defence Force Retirement and Death Benefits scheme
17
(1) A person is not a member of the Scheme if the person is an eligible
18
member of the Defence Force for the purposes of the DFRDB Act.
19
Those commencing on or after 1 July 2016
20
(2) A person is not a member of the Scheme if:
21
(a) the person does not have a preserved benefit that includes an
22
amount of employer benefit; and
23
(b) on or after 1 July 2016:
24
(i) the person becomes a member of the Permanent Forces;
25
or
26
(ii) the person, as a member of the Reserves, begins to
27
render continuous full-time service under an
28
undertaking that has been accepted.
29
Schedule 1 Main amendments
Part 1 Amendments
16
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
Those choosing Australian Defence Force Superannuation
1
(3) A person is not a member of the Scheme if the person has chosen
2
to become an ADF Super member under section 12 of the
3
Australian Defence Force Superannuation Act 2015 (whether or
4
not the person is still an ADF Super member).
5
59 After section 48
6
Insert:
7
48A CSC may rely on information supplied by the Department
8
(1) For the purposes of the Trust Deed in its application to or in
9
respect of a person who is or has been a member of the Scheme,
10
CSC may presume that any information provided to CSC by the
11
Department is correct.
12
(2) If a tribunal, authority or person is empowered:
13
(a) to review a decision of CSC under this Act, the regulations or
14
the Trust Deed; and
15
(b) to vary, or make a decision in substitution for, CSC's
16
decision under this Act, the regulations or the Trust Deed;
17
the tribunal, authority or person is not bound by any presumption
18
made by CSC under subsection (1).
19
60 Paragraph 51(a)
20
After "CSC", insert "or an employee of CSC".
21
Superannuation Act 2005
22
61 After subsection 5(1)
23
Insert:
24
(1A) To avoid doubt, a person who is a member of the Defence Force is
25
not a public sector employee by reason only of being a member of
26
the Defence Force.
27
Main amendments Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
17
Superannuation Industry (Supervision) Act 1993
1
62 Subsection 68AA(9)
2
Repeal the subsection, substitute:
3
(9) This section does not apply to:
4
(a) a defined benefit member; or
5
(b) an ADF Super member (within the meaning of the Australian
6
Defence Force Superannuation Act 2015); or
7
(c) a person who would be an ADF Super member apart from the
8
fact that the regulated superannuation fund is or was, for the
9
purposes of Part 3A of the Superannuation Guarantee
10
(Administration) Act 1992, a chosen fund for contributions
11
for the person's superannuation by the Commonwealth.
12
Superannuation (Resolution of Complaints) Act 1993
13
63 After section 4B
14
Insert:
15
4C Application of Act in relation to Australian Defence Force Cover
16
(1) This Act applies in relation to the scheme provided for by the
17
Australian Defence Force Cover Act 2015 as if:
18
(a) the scheme were a regulated superannuation fund; and
19
(b) a covered ADF member (as defined in that Act) were a
20
member of the fund; and
21
(c) subparagraph (a)(ii) of the definition of death benefit in
22
subsection 3(2) of this Act and subparagraph (a)(ii) of the
23
definition of disability benefit in that subsection had not been
24
enacted; and
25
(d) subparagraph 36(b)(ii) had not been enacted; and
26
(e) in connection with a complaint relating to the scheme,
27
paragraphs 64(b) and 65(1)(b) of this Act required the
28
Tribunal Chairperson to give particulars of a contravention of
29
a law, or of a refusal or failure by a party to the complaint to
30
give effect to a determination by the Tribunal, to both the
31
Schedule 1 Main amendments
Part 1 Amendments
18
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
following Ministers instead of to APRA or ASIC (or both
1
APRA and ASIC):
2
(i) the Minister administering the Australian Defence
3
Force Cover Act 2015;
4
(ii) the Minister administering the Public Governance,
5
Performance and Accountability Act 2013.
6
(2) Paragraph (1)(b) does not limit section 4B.
7
Main amendments Schedule 1
Application provisions Part 2
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
19
Part 2
--Application provisions
1
64 Application of section 52A of the Defence Act 1903
2
Section 52A of the Defence Act 1903 (as inserted by this Schedule)
3
applies on and after 1 July 2016.
4
65 Application of section 52B of the Defence Act 1903
5
Section 52B of the Defence Act 1903 (as inserted by this Schedule)
6
applies in relation to any information, whether the information was
7
obtained before or after this item commences.
8
66 Application of amendments of the Defence Force
9
Retirement and Death Benefits Act 1973
10
(1)
The amendments of the Defence Force Retirement and Death Benefits
11
Act 1973 made by this Schedule apply (subject to this item) on and after
12
1 July 2016.
13
(2)
The amendments or repeals of the following provisions of the Defence
14
Force Retirement and Death Benefits Act 1973 do not apply in relation
15
to any suspension of retirement pay or invalidity pay under section 61C
16
or 61D of that Act that is in force immediately before 1 July 2016:
17
(a) the definition of recipient member in subsection 3(1);
18
(b) sections 61C and 61D;
19
(c) section 98C.
20
(3)
The amendments or repeals of the provisions of the Defence Force
21
Retirement and Death Benefits Act 1973 referred to in subitem (4) do
22
not apply in relation to any cancellation of retirement pay that occurs
23
under subsection 62(1) or (2) of that Act:
24
(a) before 1 July 2016; or
25
(b) on or after 1 July 2016 as a result of being taken to have
26
retired under section 5B of that Act.
27
(4)
The provisions of the Defence Force Retirement and Death Benefits Act
28
1973 are the following:
29
(a) section 23;
30
(b) section 24;
31
Schedule 1 Main amendments
Part 2 Application provisions
20
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
(c) section 30;
1
(d) section 32A;
2
(e) section 49Q;
3
(f) section 58;
4
(g) section 135.
5
Flexible service arrangements in the Permanent Forces Schedule 2
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
21
Schedule 2
--Flexible service arrangements in
1
the Permanent Forces
2
3
Air Force Act 1923
4
1 After section 4G
5
Insert:
6
4H Flexible service arrangements for members of the Permanent
7
Air Force
8
General determinations
9
(1) The Chief of Air Force may determine, in writing:
10
(a) a class of persons who are members of the Permanent Air
11
Force who may render flexible service instead of continuous
12
full time air-force service; and
13
(b) a period of service, or pattern of service, that constitutes that
14
flexible service.
15
Note:
A person may choose not to apply to render flexible service even if the
16
person is in a class of persons in relation to whom a determination is
17
made under this subsection.
18
Application to render flexible service
19
(2) A person who is a member of the Permanent Air Force may, in
20
writing, apply to the Chief of Air Force to render flexible service
21
instead of continuous full time air-force service (whether or not the
22
person is in a class of persons covered by a determination made
23
under subsection (1)).
24
Approving and refusing application to render flexible service
25
(3) The Chief of Air Force may determine, in writing:
26
(a) that a person who has applied under subsection (2) to render
27
flexible service may render that service; and
28
(b) the period of service, or pattern of service, that constitutes
29
that flexible service; and
30
Schedule 2 Flexible service arrangements in the Permanent Forces
22
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
(c) the period during which the determination is in force.
1
Note:
The determination may be varied or revoked (see subsections (7), (9)
2
and (10)).
3
(4) Without limiting subsection (3), if a person is in a class of persons
4
covered by a determination made under subsection (1), the Chief of
5
Air Force may:
6
(a) still refuse the person's application; or
7
(b) determine under subsection (3) a different period of service,
8
or pattern of service, from the period or pattern determined
9
under subsection (1);
10
but only if the Chief of Air Force is satisfied that it is appropriate
11
to do so because of operational or other requirements of the
12
Permanent Air Force.
13
Flexible service taken to be continuous full time air-force service
14
for certain purposes
15
(5) A person rendering flexible service in accordance with a
16
determination under subsection (3) is taken to be rendering
17
continuous full time air-force service for the purposes of the
18
following:
19
(a) section 120B of the Defence Act 1903;
20
(b) the Defence Force Discipline Act 1982;
21
(c) the Defence Force Retirement and Death Benefits Act 1973;
22
(d) the Military Superannuation and Benefits Act 1991;
23
(e) a determination made for the purposes of section 58B or 58H
24
of the Defence Act 1903;
25
(f) any instrument made for the purposes of a provision or Act
26
referred to in any of paragraphs (a) to (d);
27
(g) any other Act, instrument or provision prescribed by the
28
regulations.
29
Determination may deal with the treatment of flexible service
30
(6) Without limiting subsection (1) or (3), a determination under that
31
subsection in relation to a person or class of persons may deal with:
32
(a) the treatment of flexible service (including how remuneration
33
and allowances are to be treated) for the person or persons in
34
that class; and
35
Flexible service arrangements in the Permanent Forces Schedule 2
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
23
(b) whether, when the person or persons in that class are
1
rendering flexible service, the person or persons are fulfilling
2
their obligation to render continuous full time air-force
3
service under section 4G.
4
Varying and revoking determinations--Chief of Air Force
5
(7) The Chief of Air Force may, at any time, vary or revoke a
6
determination under subsection (1) or (3).
7
(8) A determination under subsection (3) in relation to a person is
8
taken to be revoked if:
9
(a) the person is appointed to a position under section 179,
10
188FB, 188FL, 188GF or 188GP of the Defence Force
11
Discipline Act 1982; or
12
(b) the person ceases to be a member of the Permanent Air
13
Force; or
14
(c) the person is in a class of persons covered by a determination
15
made under subsection (1) that is revoked.
16
Revoking determinations--directions by Chief of the Defence
17
Force
18
(9) The Chief of the Defence Force may at any time direct, in writing,
19
the Chief of Air Force to revoke a determination under
20
subsection (3) if the Chief of the Defence Force is satisfied that it
21
is appropriate to do so because of operational or other requirements
22
of the Defence Force.
23
(10) The Chief of Air Force must comply with a direction given under
24
subsection (9).
25
Status of determinations
26
(11) A determination under subsection (1) or (3), and a direction under
27
subsection (9), are not legislative instruments.
28
2 After subsection 8A(1)
29
Insert:
30
Schedule 2 Flexible service arrangements in the Permanent Forces
24
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
(1AA) The Chief of Air Force may, by instrument in writing, delegate his
1
or her powers under section 4H to an officer of the Permanent Air
2
Force who holds a rank not below the rank of Air Commodore.
3
Defence Act 1903
4
3 After section 45
5
Insert:
6
46 Flexible service arrangements for members of the Regular Army
7
General determinations
8
(1) The Chief of Army may determine, in writing:
9
(a) a class of persons who are members of the Regular Army
10
who may render flexible service instead of continuous full
11
time military service; and
12
(b) a period of service, or pattern of service, that constitutes that
13
flexible service.
14
Note:
A person may choose not to apply to render flexible service even if the
15
person is in a class of persons in relation to whom a determination is
16
made under this subsection.
17
Application to render flexible service
18
(2) A person who is a member of the Regular Army may, in writing,
19
apply to the Chief of Army to render flexible service instead of
20
continuous full time military service (whether or not the person is
21
in a class of persons covered by a determination made under
22
subsection (1)).
23
Approving and refusing application to render flexible service
24
(3) The Chief of Army may determine, in writing:
25
(a) that a person who has applied under subsection (2) to render
26
flexible service may render that service; and
27
(b) the period of service, or pattern of service, that constitutes
28
that flexible service; and
29
(c) the period during which the determination is in force.
30
Flexible service arrangements in the Permanent Forces Schedule 2
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
25
Note:
The determination may be varied or revoked (see subsections (7), (9)
1
and (10)).
2
(4) Without limiting subsection (3), if a person is in a class of persons
3
covered by a determination made under subsection (1), the Chief of
4
Army may:
5
(a) still refuse the person's application; or
6
(b) determine under subsection (3) a different period of service,
7
or pattern of service, from the period or pattern determined
8
under subsection (1);
9
but only if the Chief of Army is satisfied that it is appropriate to do
10
so because of operational or other requirements of the Regular
11
Army.
12
Flexible service taken to be continuous full time military service
13
for certain purposes
14
(5) A person rendering flexible service in accordance with a
15
determination under subsection (3) is taken to be rendering
16
continuous full time military service for the purposes of the
17
following:
18
(a) section 120B of this Act;
19
(b) the Defence Force Discipline Act 1982;
20
(c) the Defence Force Retirement and Death Benefits Act 1973;
21
(d) the Military Superannuation and Benefits Act 1991;
22
(e) a determination made for the purposes of section 58B or 58H
23
of this Act;
24
(f) any instrument made for the purposes of a provision or Act
25
referred to in any of paragraphs (a) to (d);
26
(g) any other Act, instrument or provision prescribed by the
27
regulations.
28
Determination may deal with the treatment of flexible service
29
(6) Without limiting subsection (1) or (3), a determination under that
30
subsection in relation to a person or class of persons may deal with:
31
(a) the treatment of flexible service (including how remuneration
32
and allowances are to be treated) for the person or persons in
33
that class; and
34
Schedule 2 Flexible service arrangements in the Permanent Forces
26
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
(b) whether, when the person or persons in that class are
1
rendering flexible service, the person or persons are fulfilling
2
their obligation to render continuous full time military
3
service under section 45.
4
Varying or revoking determinations--Chief of Army
5
(7) The Chief of Army may, at any time, vary or revoke a
6
determination under subsection (1) or (3).
7
(8) A determination under subsection (3) in relation to a person is
8
taken to be revoked if:
9
(a) the person is appointed to a position under section 179,
10
188FB, 188FL, 188GF or 188GP of the Defence Force
11
Discipline Act 1982; or
12
(b) the person ceases to be a member of the Regular Army; or
13
(c) the person is in a class of persons covered by a determination
14
made under subsection (1) that is revoked.
15
Revoking determinations--directions by Chief of the Defence
16
Force
17
(9) The Chief of the Defence Force may at any time direct, in writing,
18
the Chief of Army to revoke a determination under subsection (3)
19
if the Chief of the Defence Force is satisfied that it is appropriate to
20
do so because of operational or other requirements of the Defence
21
Force.
22
(10) The Chief of Army must comply with a direction given under
23
subsection (9).
24
Status of determinations
25
(11) A determination under subsection (1) or (3), and a direction under
26
subsection (9), are not legislative instruments.
27
4 Subsection 120A(4AA)
28
Omit "and section", insert "and sections 46 and".
29
Flexible service arrangements in the Permanent Forces Schedule 2
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
27
Defence Force Retirement and Death Benefits Act 1973
1
5 At the end of section 19
2
Add:
3
(3) If a member is rendering flexible service in accordance with a
4
determination under subsection 32(3) of the Naval Defence Act
5
1910, subsection 46(3) of the Defence Act 1903 or
6
subsection 4H(3) of the Air Force Act 1923, then the fortnightly
7
rate of pay applicable to the member is the rate of pay that would
8
have been applicable if the member were not rendering that
9
flexible service.
10
Naval Defence Act 1910
11
6 After section 31
12
Insert:
13
32 Flexible service arrangements for members of the Permanent
14
Navy
15
General determinations
16
(1) The Chief of Navy may determine, in writing:
17
(a) a class of persons who are members of the Permanent Navy
18
who may render flexible service instead of continuous full
19
time naval service; and
20
(b) a period of service, or pattern of service, that constitutes that
21
flexible service.
22
Note:
A person may choose not to apply to render flexible service even if the
23
person is in a class of persons in relation to whom a determination is
24
made under this subsection.
25
Application to render flexible service
26
(2) A person who is a member of the Permanent Navy may, in writing,
27
apply to the Chief of Navy to render flexible service instead of
28
continuous full time naval service (whether or not the person is in a
29
class of persons covered by a determination made under
30
subsection (1)).
31
Schedule 2 Flexible service arrangements in the Permanent Forces
28
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
Approving and refusing application to render flexible service
1
(3) The Chief of Navy may determine, in writing:
2
(a) that a person who has applied under subsection (2) to render
3
flexible service may render that service; and
4
(b) the period of service, or pattern of service, that constitutes
5
that flexible service; and
6
(c) the period during which the determination is in force.
7
Note:
The determination may be varied or revoked (see subsections (7), (9)
8
and (10)).
9
(4) Without limiting subsection (3), if a person is in a class of persons
10
covered by a determination made under subsection (1), the Chief of
11
Navy may:
12
(a) still refuse the person's application; or
13
(b) determine under subsection (3) a different period of service,
14
or pattern of service, from the period or pattern determined
15
under subsection (1);
16
but only if the Chief of Navy is satisfied that it is appropriate to do
17
so because of operational or other requirements of the Permanent
18
Navy.
19
Flexible service taken to be continuous full time naval service for
20
certain purposes
21
(5) A person rendering flexible service in accordance with a
22
determination under subsection (3) is taken to be rendering
23
continuous full time naval service for the purposes of the
24
following:
25
(a) section 120B of the Defence Act 1903;
26
(b) the Defence Force Discipline Act 1982;
27
(c) the Defence Force Retirement and Death Benefits Act 1973;
28
(d) the Military Superannuation and Benefits Act 1991;
29
(e) a determination made for the purposes of section 58B or 58H
30
of the Defence Act 1903;
31
(f) any instrument made for the purposes of a provision or Act
32
referred to in any of paragraphs (a) to (d);
33
(g) any other Act, instrument or provision prescribed by the
34
regulations.
35
Flexible service arrangements in the Permanent Forces Schedule 2
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
29
Determination may deal with the treatment of flexible service
1
(6) Without limiting subsection (1) or (3), a determination under that
2
subsection in relation to a person or class of persons may deal with:
3
(a) the treatment of flexible service (including how remuneration
4
and allowances are to be treated) for the person or persons in
5
that class; and
6
(b) whether, when the person or persons in that class are
7
rendering flexible service, the person or persons are fulfilling
8
their obligation to render continuous full time naval service
9
under section 31.
10
Varying or revoking determinations--Chief of Navy
11
(7) The Chief of Navy may, at any time, vary or revoke a
12
determination under subsection (1) or (3).
13
(8) A determination under subsection (3) in relation to a person is
14
taken to be revoked if:
15
(a) the person is appointed to a position under section 179,
16
188FB, 188FL, 188GF or 188GP of the Defence Force
17
Discipline Act 1982; or
18
(b) the person ceases to be a member of the Permanent Navy; or
19
(c) the person is in a class of persons covered by a determination
20
made under subsection (1) that is revoked.
21
Revoking determinations--directions by Chief of the Defence
22
Force
23
(9) The Chief of the Defence Force may at any time direct, in writing,
24
the Chief of Navy to revoke a determination under subsection (3) if
25
the Chief of the Defence Force is satisfied that it is appropriate to
26
do so because of operational or other requirements of the Defence
27
Force.
28
(10) The Chief of Navy must comply with a direction given under
29
subsection (9).
30
Status of determinations
31
(11) A determination under subsection (1) or (3), and a direction under
32
subsection (9), are not legislative instruments.
33
Schedule 2 Flexible service arrangements in the Permanent Forces
30
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
No. , 2015
7 After subsection 44B(3)
1
Insert:
2
(3AA) The Chief of Navy may, by instrument in writing, delegate his or
3
her powers under section 32 to an officer of the Permanent Navy
4
who holds a rank not below the rank of Commodore.
5
Amendments contingent on the Acts and Instruments (Framework Reform) Act 2015
Schedule 3
No. , 2015
Defence Legislation Amendment (Superannuation and ADF Cover) Bill
2015
31
Schedule 3
--Amendments contingent on the
1
Acts and Instruments (Framework
2
Reform) Act 2015
3
4
Australian Defence Force Superannuation Act 2015
5
1 Subsection 7(2)
6
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
7
2003".
8
2 Subsection 8(5)
9
Repeal the subsection, substitute:
10
(5) Despite regulations made for the purposes of paragraph 44(2)(b) of
11
the Legislation Act 2003, section 42 (disallowance) of that Act
12
applies to an instrument under subsection (1) of this section.
13
3 Subsection 21(3)
14
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
15
2003".
16