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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Entitlements of Elected
Representatives) Bill 2007
A BILL FOR
An Act to amend the City of Adelaide Act 1998; the Local
Government Act 1999; the Parliamentary Remuneration
Act 1990; the Parliamentary Superannuation Act 1974; and
the Remuneration Act 1990.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of City of Adelaide
Act 1998
4 Substitution of section
24
24 Allowances
Part 3—Amendment of Local Government
Act 1999
5 Substitution of section
76
76 Allowances
Part 4—Amendment of Parliamentary Remuneration
Act 1990
6 Amendment of section
3—Interpretation
7 Amendment of section 4—Remuneration of members
of Parliament
8 Repeal of section 6A
Part 5—Amendment of Parliamentary Superannuation
Act 1974
9 Amendment of section
5—Interpretation
10 Amendment of section 7C—Arrangement of
schemes
11 Amendment of section 7D—Membership of
schemes
12 Amendment of section 7E—PSS 3 or PSS 4 member may elect to
participate in other schemes
13 Insertion of Schedule 4
Schedule 4—PSS
4
1 Interpretation
2 Investigation
into superannuation scheme that is to
apply
3 Constitution of superannuation
scheme
4 Board to administer trust
scheme
5 Transference
6 Interaction
with other Commonwealth and State
legislation
7 Actuarial review of
scheme
Part 6—Amendment of Remuneration
Act 1990
14 Amendment of section 14—Additional
jurisdiction as conferred by other Acts or by proclamation
Schedule 1—Transitional
provisions
1 Transitional provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Entitlements of Elected
Representatives) Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of City of Adelaide
Act 1998
Section 24—delete the section and substitute:
24—Allowances
(1) A member of the Council is entitled to receive an annual allowance
from the Council for performing and discharging official functions and
duties.
(2) The annual allowance payable to a member of the Council will be the
amount determined, from time to time, by the Remuneration Tribunal.
(3) The rates of the annual allowances determined by the Remuneration
Tribunal may vary from office to office.
Part 3—Amendment
of Local Government
Act 1999
Section 76—delete the section and substitute:
76—Allowances
(1) A member of a council is entitled to receive an annual allowance from
the council for performing and discharging official functions and
duties.
(2) The annual allowance payable to a member of a council will be the
amount determined, from time to time, by the Remuneration Tribunal.
(3) The rates of the annual allowances determined by the Remuneration
Tribunal may vary from office to office.
Part 4—Amendment
of Parliamentary Remuneration
Act 1990
6—Amendment of
section 3—Interpretation
(1) Section 3, definition of basic salary—delete the
definition and substitute:
basic salary means the amount determined, from time to time,
by the Remuneration Tribunal to be the annual basic salary payable to a member
of Parliament;
(2) Section 3, definition of Commonwealth basic
salary—delete the definition
7—Amendment of
section 4—Remuneration of members of Parliament
Section 4—after subsection (5) insert:
(6) Salary, allowances, expenses and benefits must not be paid to any
member of Parliament except as provided for by this Act.
Section 6A—delete the section
Part 5—Amendment
of Parliamentary Superannuation
Act 1974
9—Amendment of
section 5—Interpretation
(1) Section 5(1)—after the definition of PSS 3
insert:
PSS 4—see section 7C(4);
(2) Section 5(1)—after the definition of PSS 3 member
insert:
PSS 4 member means a member of PSS 4—see section
7D(4a);
(3) Section 5(3)—delete subsection (3) and substitute:
(3) For the purposes of the definition of basic salary in
subsection (1), the salary to which a member is entitled under the
Parliamentary Remuneration Act 1990 includes the amount of any
contribution that the member makes towards the cost of providing an article,
motor vehicle, equipment or service by way of a salary sacrifice (as
contemplated by section 4A(2) of that Act) and the amount of any superannuation
salary sacrifice (as contemplated by section 4B of that Act for the
relevant period).
10—Amendment of
section 7C—Arrangement of schemes
Section 7C—after subsection (3) insert:
(4) The scheme of superannuation established under Schedule 4 will be
known as PSS 4.
11—Amendment of
section 7D—Membership of schemes
(1) Section 7D(1)—before the definition of relevant
date insert:
commencement date means the date of the poll for the first
general election of the House of Assembly held after 31 December 2007;
(2) Section 7D(1) and (3)—delete "relevant date" wherever occurring
and substitute in each case:
relevant PSS 3 date
(3) Section 7D(4)—delete subsection (4) and substitute:
(4) Subject to this section, a member—
(a) who first becomes a member of either House of Parliament of the State
on or after the relevant PSS 3 date and before the commencement date;
or
(b) who, on or after the relevant PSS 3 date but before the commencement
date, again becomes a member of either House of Parliament of the State after a
break in membership of the Parliament (disregarding for the purposes of this
paragraph any case where a member's term comes to an end on the dissolution of
the House of which he or she is a member or by virtue of a resignation or
expires by the effluxion of time and the member is then returned at the election
that next follows that dissolution, resignation or expiry, or any case where a
member is returned at a joint sitting in prescribed circumstances),
will be a member of PSS 3.
(4a) A member—
(a) who first becomes a member of either House of Parliament of the State
on or after the commencement date; or
(b) who, on or after the commencement date, again becomes a member of
either House of Parliament of the State after a break in membership of the
Parliament (disregarding for the purposes of this paragraph any case where a
member's term comes to an end on the dissolution of the House of which he or she
is a member or by virtue of a resignation or expires by the effluxion of time
and the member is then returned at the election that next follows that
dissolution, resignation or expiry, or any case where a member is returned at a
joint sitting in prescribed circumstances),
will be a member of PSS 4.
(4) Section 7D(5)—after "subsection (4b)" insert:
and (4a)(b)
12—Amendment of
section 7E—PSS 3 or PSS 4 member may elect to participate in other
schemes
(1) Section 7E(1), definition of eligible
member—delete the definition and substitute:
eligible member means—
(a) a PSS 3 member, other than a person who is a member of PSS 3 by
virtue of section 7D(4)(b) or 7F; or
(b) a PSS 4 member, other than a person who is a member of PSS 4 by
virtue of section 7D(4a)(b);
(2) Section 7E(1), definition of prescribed
period—delete "PSS 3 member" and substitute:
PSS 3 or PSS 4 member (as the case may be)
(3) Section 7E(5)(a)—after "PSS 3" insert:
or PSS 4
After Schedule 3 insert:
Schedule 4—PSS 4
1—Interpretation
In this Schedule, unless the contrary intention appears—
commencement date means the date of the poll for the first
general election of the House of Assembly held after
31 December 2007;
participating member means—
(a) a member who first becomes a member of either House of Parliament on
or after the commencement date; or
(b) a pre-2007 scheme member who transfers to the trust scheme under
clause 5; or
(c) a pre-2007 scheme member—
(i) who is not a member of Parliament immediately before the commencement
date; or
(ii) who ceases to be a member of Parliament on or after the commencement
date,
and who again becomes a member of Parliament on a subsequent
date;
pre-2007 scheme means PSS 1, PSS 2 or PSS 3;
pre-2007 scheme member means a member of a pre-2007
scheme;
Tribunal means the Remuneration Tribunal;
trust deed means the trust deed included in the report of the
Tribunal under clause 2(9) (as amended from time to time under
clause 3);
trust scheme means the parliamentary superannuation scheme
constituted under this Schedule (being PSS 4).
2—Investigation into superannuation scheme that is
to apply
(1) The Tribunal must conduct an inquiry into an appropriate
superannuation scheme for members of Parliament.
(2) Before commencing proceedings for the purposes of the inquiry the
Tribunal must, by notice published in a newspaper circulating generally
throughout the State, invite written representations from any person on the
matter (within a period determined by the Tribunal).
(3) The Tribunal must consider all representations made in response to an
invitation under subclause (2) and may, in its discretion, hold any
preliminary hearing and hear and consider any evidence or argument submitted to
it in relation to the matter.
(4) The Tribunal must then—
(a) cause a draft trust scheme to be prepared; and
(b) send a copy of the draft to—
(i) each person who made a representation under subclause (2);
and
(ii) the Board; and
(c) give notice, by means of an advertisement published in a newspaper
circulating generally throughout the State, of a place or places at which copies
of the draft are to be available for inspection and purchase (at a price to be
determined by the Tribunal).
(5) For the purposes of subclause (4)(b)(i), a draft will be taken to
have been sent to a person if it is posted to his or her last address known to
the Tribunal.
(6) The Tribunal must then—
(a) hold a public hearing in relation to the matter; and
(b) consider any submissions made at that hearing.
(7) The Tribunal must also consult with the Board on the draft.
(8) The Tribunal must then, after taking into account such other
submissions and matters as it thinks fit, prepare a report on the outcome of the
inquiry.
(9) The report must include an instrument in the form of a trust deed that
sets out the rules for the parliamentary superannuation scheme that, on the
basis of the determination of the Tribunal, is to apply to all participating
members from the commencement date.
(10) The report must be prepared by 30 September 2008.
(11) The Tribunal must—
(a) deliver a copy of the report to—
(i) the Board; and
(ii) the Treasurer; and
(b) cause a copy of the report to be published in the Gazette.
(12) The Treasurer must, as soon as practicable after receiving the
report, cause copies of the report to be laid before both Houses of
Parliament.
3—Constitution of superannuation
scheme
(1) Subject to this clause, the rules set out in the trust deed will
constitute PSS 4, being the parliamentary superannuation scheme for
participating members from the commencement date (and the participating members
and the Crown will be bound by the trust deed).
(2) The Tribunal may, either before or after the commencement date, by
notice in the Gazette, amend the trust deed.
(3) However, the Tribunal must not make an amendment increasing the
liability of the Crown under the trust scheme unless the Tribunal has given the
Treasurer a reasonable opportunity to make submissions in relation to the
matter.
(4) Subclause (3) does not apply if—
(a) the Tribunal is acting at the request of the Treasurer; or
(b) the Tribunal has certified that the only purpose of the amendment is
to make a technical variation to a rule contained in the trust deed to give
effect to the original intention of the rule.
(5) For the purposes of this clause, an amendment of the trust deed may
include the replacement of the trust deed with a new trust deed.
4—Board to administer trust
scheme
(1) The Board will be responsible for the administration of the trust
scheme (and the Tribunal must ensure that this is reflected in the trust
deed).
(2) The Board may engage the Superannuation Funds Management Corporation
of South Australia to assist it in its administration of the trust deed and to
perform any function on behalf of the Board.
5—Transference
(1) A pre-2007 scheme member may, by notice in writing to the Board, elect
to transfer to the trust scheme.
(2) A person who has made an election under this clause may not
subsequently revoke the election.
(3) If a person makes an election under this clause—
(a) the Board must close the contribution account in the name of the
person under Part 2B; and
(b) the Board must establish a contribution account in the name of the
person under the trust scheme and credit to that account the statutory
minimum.
(4) In subclause (3)—
statutory minimum, in relation to a person, is the sum of the
following amounts:
(a) the balance standing to the credit of the person's contribution
account under Part 2B on the day of receipt by the Board of the notice
under subclause (1);
(b) the total of the minimum amounts that the State would have to
contribute to a complying superannuation fund or scheme within the meaning of
section 7 of the Superannuation Guarantee (Administration)
Act 1992 of the Commonwealth for the person in order to avoid having
any individual superannuation guarantee shortfalls in respect of the person
within the meaning of the Superannuation Guarantee (Administration)
Act 1992 if it were assumed that—
(i) the only capacity in which the person was, or had ever been, an
employee of the State (within the meaning of the Superannuation Guarantee
(Administration) Act 1992) was the person's capacity as a member of the
Parliament of the State (see section 12(5) of that Act); and
(ii) the pre-2007 schemes did not exist; and
(iii) the contributions were made on a monthly basis;
(c) the interest that would have accrued on the contributions covered by
paragraph (b) assuming that the contributions were contributions made to
the credit of the person's contribution account under this Act.
6—Interaction with other Commonwealth and State
legislation
(1) The Tribunal must ensure that the employer contributions to be made
under the trust scheme will avoid the occurrence of an individual superannuation
guarantee shortfall within the meaning of the Superannuation Guarantee
(Administration) Act 1992 of the Commonwealth in respect of any
participating member.
(2) A participating member does not become, by virtue of the operation of
this Schedule, a member of the Southern State Superannuation Scheme.
(3) The rules set out in the trust deed (and any amendments made to those
rules) are not subject to the Subordinate Legislation
Act 1978.
7—Actuarial review of scheme
(1) The Board must, at least once in every 3 years, obtain a report from
an actuary on the state and sufficiency of the trust scheme (from an actuarial
perspective).
(2) The Board must, within 1 month after receiving the report, deliver a
copy of the report to—
(a) the Tribunal; and
(b) the Treasurer.
(3) The Treasurer must, as soon as practicable after receiving the report,
cause copies of the report to be laid before both Houses of
Parliament.
(4) In this clause—
actuary means a person who is a Fellow of the Institute of
Actuaries of Australia.
Part 6—Amendment
of Remuneration
Act 1990
14—Amendment of
section 14—Additional jurisdiction as conferred by other Acts or by
proclamation
Section 14(1)—delete subsection (1) and substitute:
(1) The Tribunal has, in addition—
(a) the jurisdiction granted to the Tribunal by Schedule 4 of the
Parliamentary Superannuation Act 1974; and
(b) jurisdiction to determine the remuneration, or a specified part of the
remuneration, payable in respect of any office (other than those previously
referred to in this Part) if such jurisdiction is conferred on the
Tribunal—
(i) by any other Act; or
(ii) by the Governor by proclamation.
Schedule
1—Transitional provisions
(1) The amount that is, immediately before the commencement of this Act,
payable to—
(a) a member of The Corporation of the City of Adelaide as the member's
annual allowance under section 24 of the City of Adelaide Act 1998;
or
(b) a member of another council as the member's annual allowance under
section 76 of the Local Government Act 1999,
is, on the commencement of this Act, taken to be the annual allowance
payable to the member in accordance with a determination of the Remuneration
Tribunal made in accordance with either of those sections as substituted by this
Act.
(2) The amount that is, immediately before the commencement of this Act,
payable to a member of Parliament as the member's basic salary (within the
meaning of section 3 of the Parliamentary Remuneration Act 1990) is,
on the commencement of this Act, taken to be the basic salary within the meaning
of that section as amended by this Act.