Commonwealth Consolidated Acts Commonwealth Consolidated Acts
8 Section 3 (definition of Trust Deed )
Omit "under section 5".
9 At the end of section 12
Add:
(2) Subsection (1) does not prevent the Rules from making provision subject to which a person of a specified class who has ceased to be a member may, on again becoming a member, be taken not to have ceased to be a member.
10 Section 28A
Repeal the section, substitute:
(1) The Board may, by signed instrument, delegate to:
(a) a member of the Board; or
(b) the Commissioner; or
(c) a member of the staff assisting the Commissioner in the performance of his or her functions under this Act; or
(d) an APS employee in the Department; or
(e) an officer or employee of a person who is responsible for investing money forming part of a superannuation fund vested in or managed by the Board; or
(f) any other person who performs duties in connection with the operation of this Act; or
(g) a committee consisting of 2 or more persons each of whom is a person referred to in any of the above paragraphs;
all or any of its powers under this Act or the regulations.
(2) If the Board delegates a power under subsection (1), the delegate may, by writing, sub - delegate the power:
(a) if the delegate is a member of the Board--to:
(i) another member of the Board; or
(ii) a person referred to in paragraph (1)(b), (c), (d), (e) or (f); or
(b) if the delegate is the Commissioner--to a person referred to in paragraph (1)(c), (d), (e) or (f); or
(c) if the delegate is a person referred to in paragraph (1)(c), (d), (e) or (f)--to:
(i) another person referred to in the same paragraph; or
(ii) a person referred to in another of those paragraphs.
(3) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub - delegation in a corresponding way to the way in which they apply to a delegation.
(4) Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply to a sub - delegation as if it were a delegation.
11 Section 33D
Omit "Minister, with the consent of the Board," (wherever occurring), substitute "Board".
12 Subsection 33G(2)
Omit "of Part 6".
13 After section 42
Insert:
42A Board may require employers to distribute information etc. to members
(1) The Board may:
(a) send to the designated employer of a member any document or written information that:
(i) under this Act; or
(ii) under the SIS Act;
the Board is required to send to the member; and
(b) ask the designated employer to give the document or information to the member.
(2) The Board must ensure that the confidentiality of any document or information sent to the designated employer for transmission to the member is preserved.
(3) The designated employer of a member must comply with a request of the Board under subsection (1).
14 Subsection 43(3)
Omit "Any", substitute "Except in cases where the Superannuation Industry (Supervision) Act 1993 or regulations under that Act do not so permit, any".
15 Paragraph 45(1)(j)
Repeal the paragraph.
16 At the end of section 45
Add:
(6) Subsection 48(2) of the Acts Interpretation Act 1901 does not apply in relation to an instrument referred to in paragraph (1)(e).
17 Commencement of certain provisions of Tenth Amending Deed
(1) Subclauses 3.13, 3.14, 3.15, 3.16, 3.17, 3.18, 3.29, 3.44 and 3.46 of the Tenth Amending Deed are taken to have commenced immediately after the commencement of the Ninth Amending Deed.
(2) In this item:
Ninth Amending Deed means the deed:
(a) amending the Trust Deed under subsection 5(1) of the Superannuation Act 1990 ; and
(b) notified in the Gazette of 28 June 1995 ( Gazette No. GN25).
Tenth Amending Deed means the deed:
(a) amending the Trust Deed under subsection 5(1) of the Superannuation Act 1990 ; and
(b) notified in the Gazette of 1 February 1996 ( Gazette No. S41).
Trust Deed has the same meaning as in the Superannuation Act 1990 .