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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Superannuation Legislation
(Commonwealth Employment) Repeal and Amendment (Consequential Amendments) Bill
1998
No. ,
1998
(Finance and
Administration)
A Bill for an Act to amend
certain Acts in consequence of the enactment of the Superannuation
Legislation (Commonwealth Employment) Repeal and Amendment Act 1998, and for
other purposes
ISBN: 0642 377529
Contents
A Bill for an Act to amend certain Acts in consequence of
the enactment of the Superannuation Legislation (Commonwealth Employment)
Repeal and Amendment Act 1998, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Superannuation Legislation (Commonwealth
Employment) Repeal and Amendment (Consequential Amendments) Act
1998.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 1 is taken to have commenced on 23 December 1996.
(3) Schedules 2 to 5 commence on 1 July 1999.
Subject to section 2, 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Act is amended or repealed as set out in the applicable items in the Schedule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.
1 Section 45
Repeal the section.
1 Subsection 3(1) (definition of Commissioner
for Superannuation)
Omit “Superannuation Act”, substitute “Superannuation
Act 1976 as previously in force”.
2 Subsection 3(1)
Insert:
Commonwealth Superannuation Board means the Commonwealth
Superannuation Board established by the Commonwealth Superannuation Board Act
1998.
3 Paragraph 8(2)(a)
Repeal the paragraph, substitute:
(a) the Chairman of the Authority, who is to be appointed by the Minister;
and
4 Subparagraph 36(1)(b)(i) and section
61
Omit “Commissioner for Superannuation”, substitute
“Commonwealth Superannuation Board”.
5 Section 61
Omit “the Commissioner” (last occurring), substitute
“that Board”.
Note: The heading to section 61 is altered by omitting
“Commissioner for Superannuation” and substituting
“Commonwealth Superannuation Board”.
6 Paragraph 71(5A)(a)
After “Commissioner for Superannuation”, insert “or the
Commonwealth Superannuation Board”.
1 Subsection 2A(2)
Insert:
authorised person means the Secretary to the Department or an
officer of the Department nominated by the Secretary to perform the functions of
an authorised person under this Act.
2 Subsection 2A(2) (definition of
Commissioner)
Repeal the definition.
3 After section 2A
Insert:
The Secretary to the Department may nominate officers of the Department
to perform the functions of an authorised person under this Act.
4 Paragraph 2B(3)(b) and subsection
2B(5)
Omit “the Commissioner”, substitute “an authorised
person”.
5 Subparagraph 2C(b)(iii)
Omit “the Commissioner’s”, substitute “an
authorised person’s”.
6 Section 4A
Omit “the Commissioner” (wherever occurring), substitute
“an authorised person”.
7 After section 4A
Insert:
(1) This section applies if:
(a) a person who is, or has previously been, the Governor-General dies on
or after 1 July 1999 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
1999; 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
1999.
(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 (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:
(i) the contributions had been member contributions made under the
superannuation scheme established by deed under the Superannuation Act
1990; and
(ii) interest on those contributions had accrued in accordance with
determinations by the Commonwealth Superannuation Board under that scheme as to
rates of interest and the method of allocating interest.
(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 a person and no personal representative can be found,
the amount is to be paid to any individual or individuals that the Commonwealth
Superannuation Board determines.
(5) In this section:
Commonwealth Superannuation Board means the Commonwealth
Superannuation Board established by the
Commonwealth Superannuation Board Act
1998.
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.
8 Section 4B
Omit “the Commissioner”, substitute “an authorised
person”.
1 After section 12
Insert:
(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 1999 and no pension is payable to the person or to a spouse
or child of the person; or
(b) a person who is, or has previously been, a Judge dies on or after 1
July 1999 without leaving a spouse or eligible child; or
(c) a person who is, or has previously been, a Judge has died 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 1999.
(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 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:
(i) the contributions had been member contributions made under the
superannuation scheme established by deed under the Superannuation Act
1990; and
(ii) interest on those contributions had accrued in accordance with
determinations by the Commonwealth Superannuation Board under that scheme as to
rates of interest and the method of allocating interest.
(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 a person and no personal representative can be found,
the amount is to be paid to any individual or individuals that the Commonwealth
Superannuation Board determines.
(5) In this section:
Commonwealth Superannuation Board means the Commonwealth
Superannuation Board established by the Commonwealth Superannuation Board Act
1998.
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.
1 Subsection 3(1) (definition of
Commissioner)
Repeal the definition.
2 At the end of Part 6
Add:
(1) During the period of 3 years beginning on 1 July 1999, the Scheme is
to be administered, on behalf of the Board, by one or more nominated bodies or,
if there is no nominated body, by the Commonwealth.
(2) If there are 2 or more nominated bodies, the authorised person may
determine the aspects or parts of the administration of the Scheme that are to
be respectively administered by each of those bodies.
(3) A reference in this section to the administering of, or of an aspect
or part of, the Scheme does not include a reference to:
(a) the investment of money contributed under the scheme; or
(b) the management of any such investment; or
(c) the provision to the Board of such other services as are agreed
between the Board and the authorised person.
(4) The Minister may, by writing, authorise a person to perform the
functions of the authorised person under this section.
(5) The authorised person may, by writing, make determinations and
nominations for the purposes of this section.
(6) In this section:
authorised person means the Minister or a person authorised
by the Minister to perform the functions of the authorised person under this
section.
nominated body means an incorporated company or other body
corporate that:
(a) has entered into an agreement or arrangement with the Commonwealth
that:
(i) provides for the company or other body to be nominated for the
purposes of this section; and
(ii) includes provisions with respect to the charges to be made by the
company or other body to the Board in connection with the administration of the
Scheme on behalf of the Board; and
(b) has been nominated by the authorised person for those purposes in
accordance with the agreement or arrangement.
3 Part 7
Repeal the Part.
4 Paragraphs 47(1)(b) and
(c)
Repeal the paragraphs.
5 After paragraph 47(1)(e)
Insert:
or (f) any other person who performs duties in connection with the
administration of this Act;
6 Paragraph 51(c)
Repeal the paragraph.