SUPERANNUATION (CONSEQUENTIAL AMENDMENTS) BILL 2005

i Superannuation (Consequential Amendments) Bill 2005 No. , 2005

Contents

Short title.......................................................................................1

Commencement .............................................................................1

Schedule(s)....................................................................................3

Schedule 1--Amendment of the Superannuation Act 1990

Part 1--Amendments relating to the PSS Board etc.

Part 2--Amendments relating to membership of the Public

Sector Superannuation Scheme

Part 3--Technical amendment

Schedule 2--Amendment of the Superannuation Guarantee

(Administration) Act 1992

Schedule 3--Amendment of the Superannuation (Productivity

Benefit) Act 1988

Schedule 4--Amendment of the Superannuation Benefits

(Supervisory Mechanisms) Act 1990

Schedule 5--Amendment of the Governor-General Act 1974

Schedule 6--Amendment of the Judges' Pensions Act 1968

Schedule 7--Amendment of other Acts

Income Tax Assessment Act 1936

Income Tax Assessment Act 1997

Schedule 8--Amendment of the Trust Deed of the Public

Sector Superannuation Scheme

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 1

A Bill for an Act to deal with consequential matters

arising from the enactment of the Superannuation

Act 2005, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Superannuation (Consequential

Amendments) Act 2005.

2 Commencement

(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.

2 Superannuation (Consequential Amendments) Bill 2005 No. , 2005

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1,

Part 1

At the same time as Part 2 of the

Superannuation Act 2005 commences.

However, if Part 2 of the Superannuation

Act 2005 does not commence, the

provision(s) do not commence at all.

3. Schedule 1,

Part 2

The later of:

(a) the start of 1 July 2005; and

(b) the commencement of Part 2 of the

Superannuation Act 2005.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

4. Schedule 1,

Part 3

The day on which this Act receives the

Royal Assent.

5. Schedule 2

The later of:

(a) immediately after the commencement of

Part 3A of the Superannuation

Guarantee (Administration) Act 1992;

and

(b) the commencement of Part 2 of the

Superannuation Act 2005.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

6. Schedules 3 to

The later of:

(a) the start of 1 July 2005; and

(b) the commencement of Part 2 of the

Superannuation Act 2005.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 3

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

7. Schedule 8

At the same time as Part 2 of the

Superannuation Act 2005 commences.

However, if Part 2 of the Superannuation

Act 2005 does not commence, the

provision(s) do not commence at all.

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.

3 Schedule(s)

(1) Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

(2) The Trust Deed (within the meaning of the Superannuation Act

1990) is amended as set out in the applicable items in Schedule 8

to this Act, and any other item in Schedule 8 to this Act has effect

according to its terms.

(3) The amendment of the Trust Deed under subsection (2) does not

prevent the Trust Deed, as so amended, from being amended under

section 5 of the Superannuation Act 1990.

Schedule 1 Amendment of the Superannuation Act 1990

Part 1 Amendments relating to the PSS Board etc.

4 Superannuation (Consequential Amendments) Bill 2005 No. , 2005

Schedule 1--Amendment of the

Superannuation Act 1990

Part 1--Amendments relating to the PSS Board etc.

1 Subsection 22(1)

After "Board", insert "in relation to the Public Sector Superannuation

Scheme and the PSS Fund".

2 At the end of section 22

Add:

Note:

See also section 20 of the Superannuation Act 2005 (functions and

powers in relation to PSSAP and the PSSAP Fund).

3 Subsection 26(1)

Repeal the subsection, substitute:

(1) Subject to this section, neither:

(a) the Board (in so far as it performs functions, or exercises

powers, in relation to the Public Sector Superannuation

Scheme or the PSS Fund); nor

(b) the PSS Fund;

are subject to:

(i) the Income Tax Assessment Act 1936; or

(ii) the Income Tax Assessment Act 1997; or

(iii) the Superannuation Contributions Tax (Assessment and

Collection) Act 1997; or

(d) taxation under a law of a State or Territory, if the

Commonwealth is not subject to the taxation.

4 Transitional--section 26 of the Superannuation Act 1990

The amendment of section 26 of the Superannuation Act 1990 made by

this Part does not affect the continuity of any regulations made for the

purposes of subsection 26(3) of that Act before the commencement of

this item.

5 Paragraph 28(1)(a)

Amendment of the Superannuation Act 1990 Schedule 1

Amendments relating to the PSS Board etc. Part 1

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 5

After "functions", insert "in relation to the Public Sector

Superannuation Scheme and the PSS Fund".

6 Subsection 28(4)

After "functions", insert "in relation to the Public Sector

Superannuation Scheme and the PSS Fund".

7 At the end of subsection 29(1)

Add "in relation to the Public Sector Superannuation Scheme".

8 Subsection 43(3)

After "demand", insert "in relation to this Act, the regulations or the

Trust Deed".

Schedule 1 Amendment of the Superannuation Act 1990

Part 2 Amendments relating to membership of the Public Sector Superannuation

Scheme

6 Superannuation (Consequential Amendments) Bill 2005 No. , 2005

Part 2--Amendments relating to membership of the

Public Sector Superannuation Scheme

9 Section 3

Insert:

PSS invalidity pensioner means a person who is an invalidity

pensioner as defined by the Rules.

10 Subsection 6(1)

Omit "subsection (2)", substitute "subsections (2) and (4)".

11 Subsection 6(1)

Omit "by force of this section", substitute "by force of this subsection".

12 Subparagraph 6(1)(e)(i)

Omit "an invalidity pensioner within the meaning of the Rules",

substitute "a PSS invalidity pensioner".

13 Subparagraph 6(1)(e)(ia)

Omit "an invalidity pensioner", substitute "a PSS invalidity pensioner".

14 Subsection 6(2)

After "not a member of the Public Sector Superannuation Scheme",

insert "by force of that subsection".

15 At the end of section 6

Add:

Closure of Public Sector Superannuation Scheme

(4) Despite subsection (1), a person does not become a member of the

Public Sector Superannuation Scheme by force of that subsection

at a particular time (the relevant time) on or after 1 July 2005

unless:

(a) at the relevant time, the person is already a member of the

Public Sector Superannuation Scheme; or

Amendment of the Superannuation Act 1990 Schedule 1

Amendments relating to membership of the Public Sector Superannuation Scheme Part

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 7

(b) at the relevant time, the person is a former member of the

Public Sector Superannuation Scheme in respect of whom a

preserved benefit under that scheme has not yet been paid; or

(d) the following conditions are satisfied:

(i) at the end of 30 June 2005, the person was the holder of

a statutory office (other than the holder of such an office

to whom paragraph (1)(e) or (f) applies);

(ii) the person has made an election under section 7 in

relation to that office;

(iii) the election was made during a term of appointment that

included 30 June 2005;

(iv) at the relevant time, the person is the holder of that

office; or

(e) the following conditions are satisfied:

(i) at the end of 30 June 2005, the person was a temporary

employee in relation to particular employment (other

than a temporary employee to whom paragraph (1)(e) or

(f) applies);

(ii) the person has made an election under section 8 in

relation to that employment;

(iii) the election has taken effect at or before the relevant

time;

(iv) if the person's employment is for a fixed term--the

election was made during a term of employment that

included 30 June 2005, and the relevant time occurs in

that term;

(v) if the person's employment is not for a fixed term--the

election was made during a period of employment that

included 30 June 2005, and the relevant time occurs in

that period of employment; or

(f) the following conditions are satisfied:

(i) on a particular date before 1 July 2005, the person was a

temporary employee (other than a temporary employee

to whom paragraph (1)(e) or (f) applies);

(ii) on that date, the person made an election under

section 8 in relation to that employment;

Schedule 1 Amendment of the Superannuation Act 1990

Part 2 Amendments relating to membership of the Public Sector Superannuation

Scheme

8 Superannuation (Consequential Amendments) Bill 2005 No. , 2005

(iii) the election has taken effect at or before the relevant

time;

(iv) if the person's employment is for a fixed term--the

relevant time occurs in that term;

(v) if the person's employment is not for a fixed term--the

relevant time occurs in that period of employment; or

(g) on or after 1 July 2005, the person makes a declaration and

election under section 244 of the Superannuation Act 1976.

Note:

Paragraph (a) would cover, for example, a person who is already a

member of the Public Sector Superannuation Scheme in respect of a

different instance of employment or another office.

Special category of Public Sector Superannuation Scheme

membership

(5) Subject to subsection (6), a person is, by force of this subsection, a

member of the Public Sector Superannuation Scheme at a

particular time (the relevant time) on or after 1 July 2006 if:

(a) the person is not a member of that scheme by force of

subsection (1); and

(b) at the relevant time:

(i) the person is an APS employee; or

(ii) the person is specified in a written determination made

by the Minister under this subparagraph; and

the determination, as the case may be, on or after 1 July

2006; and

(d) immediately before the person became an APS employee or a

person covered by the determination, as the case may be:

(i) the person was a former member of the Public Sector

Superannuation Scheme in respect of whom a preserved

benefit under that scheme has not yet been paid; or

(ii) the person was a PSS invalidity pensioner; or

(iii) the person was covered by paragraph (2)(ba); and

(e) at the relevant time, there is no chosen fund for the person

(within the meaning of Part 3A of the Superannuation

Guarantee (Administration) Act 1992); and

(f) assuming that:

(i) the person were to become a member of the Public

Sector Superannuation Scheme; and

Amendment of the Superannuation Act 1990 Schedule 1

Amendments relating to membership of the Public Sector Superannuation Scheme Part

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 9

(ii) the person's employer (within the meaning of the

Superannuation Guarantee (Administration) Act 1992)

were to make a contribution to the Public Sector

Superannuation Scheme at the relevant time for the

benefit of the person;

the employer would rely on subsection 32C(2) or (6) of that

Act to satisfy the choice of fund requirements in relation to

the contribution.

Note:

For specification by class, see subsection 13(3) of the Legislative

Instruments Act 2003.

(6) Despite subsection (5), a person is not a member of the Public

Sector Superannuation Scheme by force of that subsection if the

person is:

(a) an eligible employee for the purposes of the Superannuation

Act 1976; or

(b) a person to whom the Judges' Pensions Act 1968 applies; or

(d) specified in a written determination made by the Minister

under this paragraph.

(7) A determination under subparagraph (5)(b)(ii) or paragraph (6)(d)

is a legislative instrument for the purposes of the Legislative

Instruments Act 2003.

(8) Despite anything in section 44 of the Legislative Instruments Act

2003, section 42 of that Act applies to an instrument under

subparagraph (5)(b)(ii) or paragraph (6)(d) of this section.

16 At the end of paragraph 19(1)(c)

Add "or subparagraph 6(5)(b)(ii)".

17 Subsection 35(4) (at the end of paragraph (b) of the

definition of declared authority)

Add "or subparagraph 6(5)(b)(ii)".

18 At the end of paragraph 36(d)

Add "or subparagraph 6(5)(b)(ii)".

Amendment of the Superannuation Guarantee (Administration) Act 1992 Schedule 2

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 11

Schedule 2--Amendment of the

Superannuation Guarantee

(Administration) Act 1992

1 Subsection 6(1)

Insert:

PSSAP means the Public Sector Superannuation Accumulation

Plan within the meaning of the Superannuation Act 2005.

2 After subsection 32C(4)

Insert:

Contributions to PSSAP

(4A) A contribution to a fund by an employer for the benefit of an

employee at a particular time is also made in compliance with the

choice of fund requirements if the contribution is made to PSSAP.

This subsection ceases to have effect on 1 July 2006.

Schedule 3 Amendment of the Superannuation (Productivity Benefit) Act 1988

12 Superannuation (Consequential Amendments) Bill 2005 No. , 2005

Schedule 3--Amendment of the

Superannuation (Productivity Benefit)

Act 1988

1 Subsection 3(1)

Insert:

PSSAP means the Public Sector Superannuation Accumulation

Plan within the meaning of the Superannuation Act 2005.

2 Subsection 3(1) (at the end of the definition of qualified

employee)

Add:

Note 1:

See also section 3AA (closure of productivity benefit scheme from

1 July 2006).

Note 2:

See also section 3AB (modification of productivity benefit scheme

from 1 July 2005).

3 After section 3

Insert:

3AA Closure of productivity benefit scheme from 1 July 2006

(1) This section applies to a person if, assuming that this section had

not been enacted, the person would have become a qualified

employee on or after 1 July 2006.

(2) The person is not a qualified employee on a day that occurs on or

after 1 July 2006.

(3) Subsection (2) has effect despite anything in any other provision of

this Act.

3AB Modification of productivity benefit scheme from 1 July 2005

(1) This section applies if:

(a) at a particular time (the PSSAP cessation time) during the

financial year beginning on 1 July 2005, a person ceased to

be an ordinary employer-sponsored member of PSSAP; and

Amendment of the Superannuation (Productivity Benefit) Act 1988 Schedule 3

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 13

(b) immediately before the PSSAP cessation time:

(i) the person was in particular employment or held a

particular statutory office (within the meaning of the

Superannuation Act 2005); and

(ii) the person was eligible to be a member of PSSAP

because of that employment or holding that office; and

(iii) assuming that the person's employer (within the

meaning of the Superannuation Guarantee

(Administration) Act 1992) had made a basic employer

contribution (within the meaning of the Superannuation

Act 2005) to PSSAP for the benefit of the person, the

employer would have relied on subsection 32C(2), (4A)

or (6) of the Superannuation Guarantee

(Administration) Act 1992 to satisfy the choice of fund

requirements in relation to the contribution; and

(i) the person is in that employment or held that office; and

(ii) the person is eligible to be a member of PSSAP because

of that employment or holding that office; and

(iii) the person is a member of a fund (within the meaning of

Part 3A of the Superannuation Guarantee

(Administration) Act 1992) other than PSSAP; and

(iv) the person's employer (within the meaning of the

Superannuation Guarantee (Administration) Act 1992)

makes a contribution to that fund for the benefit of the

person; and

(v) the person's employer (within the meaning of the

Superannuation Guarantee (Administration) Act 1992)

would rely on subsection 32C(1), (2) or (6) of that Act

to satisfy the choice of fund requirements in relation to

that contribution.

(2) The person is not a qualified employee after the PSSAP cessation

time.

(3) Subsection (2) has effect despite anything in any other provision of

this Act.

Schedule 4 Amendment of the Superannuation Benefits (Supervisory Mechanisms)

Act 1990

14 Superannuation (Consequential Amendments) Bill 2005 No. , 2005

Schedule 4--Amendment of the

Superannuation Benefits (Supervisory

Mechanisms) Act 1990

1 Subsection 3(1) (after paragraph (e) of the definition of

relevant body)

Insert:

(ea) an approved authority for the purposes of the Superannuation

Act 2005; or

2 Subsection 3(1) (subparagraph (a)(i) of the definition of

relevant subsidiary)

After "Superannuation Act 1990", insert "or described in paragraph

8(3)(a), (b), (c) or (d) of the Superannuation Act 2005".

3 Subsection 3(1) (definition of superannuation benefits)

Omit "or the Superannuation Act 1990", substitute ", the

Superannuation Act 1990 or the Superannuation Act 2005".

4 After subsection 6(1)

Insert:

(1A) Despite subsection (1), the prescribed requirements for the

provision of superannuation benefits under a superannuation

arrangement have no effect to the extent (if any) that compliance

with those requirements could result in:

(a) an employer (within the meaning of the Superannuation

Guarantee (Administration) Act 1992) becoming liable to

pay superannuation guarantee charge; or

(b) a Commonwealth Department (within the meaning of

section 5 of the Superannuation Guarantee (Administration)

Act 1992) becoming notionally liable to pay superannuation

guarantee charge in accordance with subsection 5(2) of that

Act; or

of section 5 of the Superannuation Guarantee

(Administration) Act 1992) becoming notionally liable to pay

Amendment of the Superannuation Benefits (Supervisory Mechanisms) Act 1990

Schedule 4

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 15

superannuation guarantee charge in accordance with

subsection 5(2A) of that Act.

5 Subsection 6(6)

After "this section", insert "(other than subsection (1A))".

6 Paragraphs 8(a) and (b)

After "Superannuation Act 1990", insert ", the Superannuation Act

2005".

Schedule 5 Amendment of the Governor-General Act 1974

16 Superannuation (Consequential Amendments) Bill 2005 No. , 2005

Schedule 5--Amendment of the

Governor-General Act 1974

1 After section 4A

Insert:

4AA Benefit payable where Governor-General or surviving spouse

dies on or after 1 July 2006

Scope

(1) This section applies if:

(a) a person who is, or has previously been, the

Governor-General dies on or after 1 July 2006 without

leaving a spouse; or

(b) a person who is, or has previously been, the

Governor-General has died leaving a spouse or spouses and:

(i) if there was only one spouse--that spouse dies on or

after 1 July 2006; or

(ii) if there was more than one spouse--both or all of the

spouses have died and the death of the last surviving

spouse occurs on or after 1 July 2006;

and, on the last day on which the person held office as

Governor-General, the person was not a qualified employee

(within the meaning of the Superannuation (Productivity Benefit)

Act 1988).

Benefit

(2) Subject to subsection (3), there is payable to the personal

representative of the person an amount of benefit equal to the sum

of the following amounts:

(a) the total of the minimum amounts that the Commonwealth

would have had to contribute to a complying superannuation

fund or scheme for the benefit of the person in order to avoid

having any individual superannuation guarantee shortfalls in

respect of the person if it were assumed that:

(i) the person was an employee of the Commonwealth

(within the meaning of the Superannuation Guarantee

Amendment of the Governor-General Act 1974 Schedule 5

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 17

(Administration) Act 1992) in his or her capacity as the

Governor-General and had never been an employee of

the Commonwealth (within the meaning of that Act) in

any other capacity; and

(ii) section 4 of this Act had not been enacted; and

(iii) those contributions were made on a monthly basis;

(b) the interest that would have accrued on the contributions

covered by paragraph (a) if it were assumed that interest on

those contributions had accrued in accordance with the

method set out in a determination made by the Minister under

subsection (6).

Personal representatives

(3) The amount of benefit payable to the personal representative of the

person under subsection (2) is to be reduced by the sum of the

amounts of the allowances (if any) that were paid to the person or

any spouse of the person under section 4.

(4) If an amount of benefit is payable under subsection (2) to the

personal representative of the person and no personal

representative can be found, the amount is to be paid to any

individual or individuals that the Minister determines.

Appropriation

(5) A benefit under subsection (2) is payable out of the Consolidated

Revenue Fund, which is appropriated accordingly.

Interest method determination

(6) The Minister must, by writing, determine a method for the

purposes of paragraph (2)(b).

(7) A method determined under subsection (6) may provide for

different interest rates for different periods.

(8) A method determined under subsection (6) may be expressed to

relate to a period that began before the determination was made.

(9) A determination under subsection (6) may be varied, but not

revoked, in accordance with subsection 33(3) of the Acts

Interpretation Act 1901.

Schedule 5 Amendment of the Governor-General Act 1974

18 Superannuation (Consequential Amendments) Bill 2005 No. , 2005

(10) Subsection (9) does not limit the application of subsection 33(3) of

the Acts Interpretation Act 1901 to other instruments under this

Act.

(11) A determination under subsection (6) is a legislative instrument for

the purposes of the Legislative Instruments Act 2003.

(12) Despite anything in section 44 of the Legislative Instruments Act

2003, section 42 of that Act applies to a determination under

subsection (6) of this section.

Definitions

(13) In this section:

complying superannuation fund or scheme has the same meaning

as in the Superannuation Guarantee (Administration) Act 1992.

individual superannuation guarantee shortfall has the same

meaning as in the Superannuation Guarantee (Administration) Act

1992.

Amendment of the Judges' Pensions Act 1968 Schedule 6

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 19

Schedule 6--Amendment of the Judges'

Pensions Act 1968

1 After section 12

Insert:

12A Benefit payable where Judge ceases to hold office or dies on or

after 1 July 2006

Scope

(1) This section applies if:

(a) a person who is a Judge ceases otherwise than by death to be

a Judge on or after 1 July 2006 and no pension is payable to

the person or to a spouse or an eligible child of the person; or

(b) a person who is, or has previously been, a Judge dies on or

after 1 July 2006 without leaving a spouse or eligible child;

leaving a spouse or spouses or an eligible child or eligible

children and:

(i) the pension or pensions payable to the spouse or

spouses or the child or children have ceased to be

payable; and

(ii) the last such pension that ceased to be payable so ceased

on or after 1 July 2006;

and, on the last day on which the person held office as a Judge, the

person was not a qualified employee (within the meaning of the

Superannuation (Productivity Benefit) Act 1988).

Benefit

(2) Subject to subsection (3), there is payable to the person or, if the

person has died, to the personal representative of the person an

amount of benefit equal to the sum of the following amounts:

(a) the total of the minimum amounts that the Commonwealth

would have had to contribute to a complying superannuation

fund or scheme for the benefit of the person in order to avoid

Schedule 6 Amendment of the Judges' Pensions Act 1968

20 Superannuation (Consequential Amendments) Bill 2005 No. , 2005

having any individual superannuation guarantee shortfalls in

respect of the person if it were assumed that:

(i) the person was an employee of the Commonwealth

(within the meaning of the Superannuation Guarantee

(Administration) Act 1992) in his or her capacity as a

Judge and had never been an employee of the

Commonwealth (within the meaning of that Act) in any

other capacity; and

(ii) this Act had not been enacted; and

(iii) those contributions were made on a monthly basis;

(b) the interest that would have accrued on the contributions

covered by paragraph (a) if it were assumed that interest on

those contributions had accrued in accordance with the

method set out in a determination made by the Minister under

subsection (6).

Personal representatives

(3) If an amount of benefit is payable to the personal representative of

the person under subsection (2), that amount is to be reduced by

the sum of the amounts of the pensions (if any) that were paid to

the person or any spouse or eligible child of the person under this

Act.

(4) If an amount of benefit is payable under subsection (2) to the

personal representative of the person and no personal

representative can be found, the amount is to be paid to any

individual or individuals that the Minister determines.

Appropriation

(5) A benefit under subsection (2) is payable out of the Consolidated

Revenue Fund, which is appropriated accordingly.

Interest method determination

(6) The Minister must, by writing, determine a method for the

purposes of paragraph (2)(b).

(7) A method determined under subsection (6) may provide for

different interest rates for different periods.

Amendment of the Judges' Pensions Act 1968 Schedule 6

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 21

(8) A method determined under subsection (6) may be expressed to

relate to a period that began before the determination was made.

(9) A determination under subsection (6) takes effect on the later of

the following:

(a) the day after the 15th sitting day of the House of

Representatives after a copy of the determination is tabled in

that House;

(b) the day after the 15th sitting day of the Senate after a copy of

the determination is tabled in the Senate.

(10) The Minister must cause a copy of a determination under

subsection (6) to be tabled in each House of the Parliament within

15 sitting days of that House after the determination is made.

(11) If either House of the Parliament, within 15 sitting days of that

House after a copy of a determination under subsection (6) has

been tabled in that House, passes a resolution disapproving of the

determination, the determination does not come into operation.

(12) A determination under subsection (6) may be varied, but not

revoked, in accordance with subsection 33(3) of the Acts

Interpretation Act 1901.

(13) Subsection (12) does not limit the application of subsection 33(3)

of the Acts Interpretation Act 1901 to other instruments under this

Act.

(14) A determination under subsection (6) is not a legislative instrument

for the purposes of the Legislative Instruments Act 2003.

(15) The Minister must not exercise a power conferred by this section in

a manner that is inconsistent with paragraph 72(iii) of the

Constitution.

Definitions

(16) In this section:

complying superannuation fund or scheme has the same meaning

as in the Superannuation Guarantee (Administration) Act 1992.

Amendment of other Acts Schedule 7

Superannuation (Consequential Amendments) Bill 2005 No. , 2005 23

Schedule 7--Amendment of other Acts

Income Tax Assessment Act 1936

1 At the end of subsection 24AJ(1)

Add:

; (l) any payment made under a scheme established by or under

the Superannuation Act 2005.

Income Tax Assessment Act 1997

2 At the end of subsection 55-5(1)

Add:

; (l) Superannuation Act 2005.

Schedule 8 Amendment of the Trust Deed of the Public Sector Superannuation Scheme

24 Superannuation (Consequential Amendments) Bill 2005 No. , 2005

Schedule 8--Amendment of the Trust Deed of

the Public Sector Superannuation

Scheme

1 At the end of clause 1

Add:

1.5 In this Deed "PSS functions" of the Board means the functions set

out in subclause 3.1.

1.6 In this Deed "PSS powers" of the Board means the powers set out

in subclause 3.2.

2 Subclause 3.1

Omit "are to administer the Public Sector Superannuation Scheme",

substitute "in relation to the Public Sector Superannuation Scheme and

the PSS Fund are to administer the scheme".

3 Subclause 3.2

Before "functions", insert "PSS".

4 Subclause 3.2A

Omit "functions and powers", insert "PSS functions and PSS powers".

5 Subclause 3.3

Omit "functions and powers" (first occurring), substitute "PSS

functions and PSS powers".

Commonwealth of Australia Bills

SUPERANNUATION (CONSEQUENTIAL AMENDMENTS) BILL 2005