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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Parliamentary
Superannuation Bill 2004
No. ,
2004
(Finance and
Administration)
A Bill for an Act to
provide for the making of superannuation contributions in respect of members of
Parliament, and for related purposes
Contents
A Bill for an Act to provide for the making of
superannuation contributions in respect of members of Parliament, and for
related purposes
The Parliament of Australia enacts:
This Act may be cited as the Parliamentary Superannuation Act
2004.
(1) Each provision of this Act 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.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 and 2 and anything in this Act not elsewhere covered by
this table |
The day after the day on which this Act receives the Royal
Assent. |
|
|
2. Sections 3 to 19 |
At the same time as Schedule 1 to the Parliamentary
Superannuation and Other Entitlements Legislation Amendment Act
2004. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
In this Act:
administering authority means:
(a) in relation to a person who is or will be a senator—the Clerk of
the Senate; and
(b) in relation to a person who is a member of the House of
Representatives—the Clerk of the House of Representatives.
allowance by way of salary does not include:
(a) special allowance of office; or
(b) electorate allowance; or
(c) travelling allowance; or
(d) any allowance, or allowance included in a class of allowances,
specified in regulations for the purposes of this definition.
basic contributions fund, in relation to a person at a
particular time, means:
(a) if a choice notice given by the member is in force under
Division 2 of Part 2 at that time—the fund that is, at that
time, specified in the notice as the chosen fund; or
(b) otherwise—the fund or scheme that is, at that time, the default
fund under Division 3 of Part 2.
complying superannuation fund has the meaning given by
section 4.
month means one of the 12 months of the year.
new scheme contribution period, in relation to a
person, has the meaning given by section 6.
new scheme entry time, in relation to a person, has the
meaning given by section 5.
office holder means a person who:
(a) is entitled to a parliamentary allowance; and
(b) holds an office in, or in relation to, the Parliament or either House
of the Parliament, being an office in respect of which he or she is entitled to
an allowance by way of salary;
but does not include a Minister of State.
parliamentary allowance means an allowance by way of salary
under clause 1 of Schedule 3 to the Remuneration and Allowances Act
1990.
RSA has the same meaning as in the Retirement Savings
Accounts Act 1997.
salary, in relation to a Minister of State, does not include
any allowance.
self managed superannuation fund has the same meaning as in
the Superannuation Industry (Supervision) Act 1993.
(1) For the purposes of this Act, a fund or scheme is a complying
superannuation fund at a particular time if, and only if:
(a) the fund or scheme is a complying superannuation fund for the purposes
of Part IX of the Income Tax Assessment Act 1936 in relation to the
year of income in which the time occurs; and
(b) the fund or scheme is a superannuation fund as defined by subsection
6(1) of the Income Tax Assessment Act 1936.
(2) In applying paragraph (1)(a) in relation to a fund or scheme and
a particular time, the following are to be disregarded:
(a) any notice that is given after that time under section 40 of the
Superannuation Industry (Supervision) Act 1993 and that relates to the
fund or scheme and the year of income in which the time occurs;
(b) any revocation or setting aside, after that time, of a notice given
before that time under section 40 of the Superannuation Industry
(Supervision) Act 1993 and that relates to the fund or scheme and the year
of income in which the time occurs or an earlier year of income.
(1) For the purposes of this Act, the new scheme entry time
for a person is the first time after the commencement of this Act in relation to
which the following conditions are satisfied:
(a) the time is on or after the polling day for the first general election
following the commencement of this Act;
(b) the person becomes entitled to a parliamentary allowance at that
time;
(c) the person was not entitled to a parliamentary allowance immediately
before that time.
(2) For the purposes of subsection (1), if:
(a) a person ceased to be a member of the House of Representatives upon
the dissolution or expiration of that House; and
(b) was elected as a member of the Senate within 3 months after so ceasing
to be a member of the House of Representatives;
then the person is taken to have been entitled to a parliamentary allowance
from the time of so ceasing to be a member of the House of Representatives until
the time the person first becomes entitled to parliamentary allowance after
being so elected as a member of the Senate.
(3) For the purposes of subsection (1), if:
(a) a person resigned as a member of the Senate; and
(b) was elected as a member of the House of Representatives within 3
months after the resignation;
then the person is taken to have been entitled to a parliamentary allowance
from the time the person resigned as a member of the Senate until the time the
person was elected as a member of the House of Representatives.
(4) For the purposes of subsections (2) and (3), a person who is
elected as a result of a polling is taken to be elected on the polling
day.
(5) In this section:
general election means a general election of the members of
the House of Representatives.
(1) For the purposes of this Act, a new scheme contribution
period of a person is a period described in subsection (2) or
(3).
(2) The period that starts at the new scheme entry time for the person and
that ends when the person next ceases to be entitled to a parliamentary
allowance is a new scheme contribution period of the
person.
(3) The period that starts at any later time in relation to
which the following conditions are satisfied:
(a) the person becomes entitled to a parliamentary allowance at that
time;
(b) the person was not entitled to a parliamentary allowance immediately
before that time;
and that ends when the person next ceases to be entitled to a parliamentary
allowance is a new scheme contribution period of the
person.
This Division applies to a person (the member) in respect
of a month if all or part of the month is in a new scheme contribution period of
the person.
(1) If this Division applies to the member in respect of a month, the
Commonwealth must make a contribution, in respect of the member, to the basic
contributions fund of the member.
Note: The basic contributions fund of the
member is defined in section 3. It will be either a fund, scheme or account
chosen by the member under Division 2 or the default fund under
Division 3.
(2) Subject to subsections (3) and (4), the amount of the
contribution is an amount equal to 9% of the sum of:
(a) the amount of parliamentary allowance to which the person is entitled
in respect of the month; and
(b) the amount (if any) of salary to which the member is entitled because
he or she was a Minister of State for some or all of the month; and
(c) the amount (if any) of allowance by way of salary to which the member
is entitled because he or she was an office holder for some or all of the
month.
(3) For the purpose of paragraph (2)(a), any reduction of the
member’s entitlement to parliamentary allowance under Division 2 of
Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990
(salary sacrifice) is to be disregarded.
(4) An amount of parliamentary allowance, salary, or allowance by way of
salary, is not to be taken into account under subsection (2) to the extent
(if any) that it does not count as salary or wages for the purposes of
section 19 of the Superannuation Guarantee (Administration) Act
1992.
(5) If:
(a) this Division applies to the member in respect of one or more of the
months in a quarter (as defined in the Superannuation Guarantee
(Administration) Act 1992); and
(b) the Commonwealth makes contributions as required by this section in
respect of the member and the month or months in the quarter in respect of which
this Division applies; and
(c) the Commonwealth would otherwise have an individual superannuation
guarantee shortfall, in respect of the member and the quarter, for the purposes
of the Superannuation Guarantee (Administration) Act 1992;
then, for the purposes of the Superannuation Guarantee (Administration)
Act 1992, the Commonwealth is, by making those contributions, taken to have
reduced its charge percentage for the quarter to nil under whichever of
section 22 or 23 of that Act is applicable.
(6) Despite anything else in this section, the Commonwealth is not
required by this section to pay contributions to the person’s basic
contributions fund if, under the Superannuation Industry (Supervision) Act
1993 (including the regulations under that Act), the basic contributions
fund is not permitted to receive those contributions.
In this Division:
fund includes a scheme or account.
A person (the member) may choose a fund as described in
section 11 if, and only if:
(a) the choice is made during a new scheme contribution period of the
person; or
(b) the choice is made before the start of a new scheme contribution
period of the person and at a time when:
(i) the person has been elected to the Senate, but his or her entitlement
to parliamentary allowance as a senator has not yet commenced; or
(ii) the person has been chosen or appointed to hold the place of a
senator in accordance with section 15 of the Constitution, but his or her
entitlement to parliamentary allowance as a senator has not yet
commenced.
(1) The member may choose a fund (the chosen fund) to be the
fund to which contributions are made under this Act in respect of the
member.
Note: The choice can be varied or revoked (see
sections 14 and 15).
(2) The chosen fund must, at the time the choice is made, be
either:
(a) a complying superannuation fund, other than a self managed
superannuation fund; or
(b) an RSA.
(3) There can only be one chosen fund at any particular time in relation
to the member.
(1) A choice of a fund must be made by notice in writing (a choice
notice) signed by the member.
(2) The notice must:
(a) specify the name of, and contact details for, the chosen fund;
and
(b) specify the date (the start date) from which the notice
is to have effect, being the date the notice is given or a later date;
and
(c) contain such other information (if any) as is required by the
regulations.
(3) The notice must be accompanied by evidence that the chosen fund will
accept contributions under this Act.
(4) The notice must be given to the administering authority.
If sections 10, 11 and 12 are complied with, a choice notice comes
into force on the start date for the notice and remains in force until whichever
of the following occurs first:
(a) the contribution payable under this Act in respect of the month in
which the member next ceases to be entitled to parliamentary allowance
has been paid; or
(b) a revocation of the notice takes effect (see section 15);
or
(c) the chosen fund ceases to exist; or
(d) the chosen fund ceases to accept contributions under this Act;
or
(e) the chosen fund ceases to be a complying superannuation fund or an
RSA; or
(f) the chosen fund becomes a self managed superannuation fund.
(1) The member may vary a choice notice he or she has given by notice in
writing signed by the member and given to the administering authority.
(2) The only variations that are permitted are:
(a) to change the chosen fund to another fund that is, at the time the
notice is given:
(i) a complying superannuation fund, other than a self managed
superannuation fund; or
(ii) an RSA; or
(b) to change the start date to a later date (but only if the start date
has not already occurred).
(3) The notice of variation must specify a date (the variation
date) from which the variation is to take effect, being the date on
which the notice is given or a later date.
(4) A notice of variation to change the chosen fund to another complying
superannuation fund or RSA (the new fund) must:
(a) specify the name of, and contact details for, the new fund;
and
(b) be accompanied by evidence that the new fund will accept contributions
under this Act.
(5) If the notice of variation complies with this section, it varies the
choice notice accordingly (subject to any later variations) with effect from the
variation date.
(1) The member may revoke a choice notice he or she has given by notice in
writing signed by the member and given to the administering authority.
(2) The notice of revocation must specify a date from which the revocation
is to take effect, being the date on which the notice of revocation is given or
a later date.
(3) If the notice of revocation complies with this section, the revocation
takes effect on the specified date.
(1) Within 28 days after a person (the member) becomes a
person who, under section 10, can choose a fund as described in
section 11, the administering authority must cause the member to be given
written notice containing the following information:
(a) a statement that the member may choose a complying superannuation fund
(other than a self managed fund) or an RSA as the fund to which contributions in
respect of the member will be paid under this Act;
(b) a statement to the effect that if the member does not choose a fund,
the contributions will be paid to the fund that is, from time to time, the
default fund;
(c) such other information (if any) as is required by the
regulations.
(2) For the purposes of subsection (1), a person becomes a person
who, under section 10, can choose a fund as described in section 11,
on whichever of the following days applies:
(a) in the case of a person to whom paragraph 10(a) applies:
(i) unless subparagraph (ii) applies—the first day of the
relevant new scheme contribution period of the person; or
(ii) if the day on which the person is declared, under section 283 or
284 of the Commonwealth Electoral Act 1918, to have been elected is later
than the day applicable under subparagraph (i)—that later
day;
(b) in the case of a person to whom subparagraph 10(b)(i)
applies—the day on which the person is declared, under section 283 of
the Commonwealth Electoral Act 1918, to have been elected to the
Senate;
(c) in the case of a person to whom subparagraph 10(b)(ii)
applies—the day on which the person is chosen or appointed as mentioned in
that subparagraph.
(1) The Minister may, by notice in writing signed by the Minister, declare
that a fund or scheme is the default fund for the purposes of this Act. At the
time the declaration is made, the fund or scheme must be a complying
superannuation fund (other than a self managed fund).
(2) A declaration under subsection (1) must specify the date of
effect of the declaration. The specified date may be the day on which the
declaration is signed, or an earlier or later day.
(3) The Minister must make a declaration under subsection (1) as soon
as practicable after the commencement of this section.
(4) The Minister must ensure that there is only one default fund at any
one time.
(5) The Minister may, by notice in writing signed by the Minister, revoke
a declaration made under subsection (1) at any time.
(6) A revocation under subsection (5) must specify the date of effect
of the revocation. The specified date may be the day on which the notice is
signed, or an earlier or later day.
(7) If the Minister, under subsection (5), revokes a declaration
under subsection (1), the Minister must make another declaration under
subsection (1) which takes effect immediately after the revocation takes
effect.
The Consolidated Revenue Fund is appropriated for the purposes of paying
contributions under this Act.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.