Tasmanian Numbered Acts

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RETIREMENT BENEFITS (PARLIAMENTARY SUPERANNUATION TRUSTEE ARRANGEMENTS AND MISCELLANEOUS AMENDMENTS) ACT 2002 (NO. 52 OF 2002) - SECT 14

Section 29 amended (Regulations)
Section 29 of the Principal Act is amended as follows:
(a) by inserting the following subsection after subsection (1) :
(1A)  Without limiting subsection (1) , the regulations may provide –
(a) for contributions to the Fund or a subfund to be made by the Minister which may be an appropriation of the Consolidated Fund; and
(b) for the procedure to be followed in determining a dispute under this Act; and
(c) that a person aggrieved by a decision of the Board may, on payment of a prescribed fee, require it to apply to the Supreme Court for a declaration as to the validity of its decision; and
(d) for the powers of the Supreme Court on any such application; and
(e) for the costs of the proceedings in the Supreme Court.
(b) by omitting from subsection (2) "they have" and substituting "a draft of the regulations has" ;
(c) by omitting subsections (3) and (4) and substituting the following subsections:
(3)  For the purposes of subsection (2) , a House of Parliament is taken to have approved a draft of the regulations if a copy of the draft has been laid on the table of that House and –
(a) the draft regulations are approved by that House; or
(b) at the expiration of 21 sitting days of that House after the copy was laid on the table of that House, no motion to disallow the draft regulations has been passed.
(4)  For the purposes of this section, where a motion to disallow a draft regulation or a section, division or part of a draft regulation is passed by a House of Parliament –
(a) the motion has the effect of annulling only that draft regulation or that section, division or part, as the case may be; and
(b) the remainder of the draft regulations is taken to be approved by that House.
(4AA)  The application of subsections (2) , (3) and (4) extends to a case where approval of a draft of the regulations is given before the second commencement day.
(d) by omitting from subsection (4A) "of the Board" and substituting "under this Act" ;
(e) by inserting in subsection (5) "or the Retirement Benefits (Parliamentary Superannuation Trustee Arrangements and Miscellaneous Amendments) Act 2002 " after "of this Act" ;
(f) by omitting paragraph (a) from subsection (5) and substituting the following paragraph:
(a) the repealed Act or any other Act amended or repealed by this Act or the Retirement Benefits (Parliamentary Superannuation Trustee Arrangements and Miscellaneous Amendments) Act 2002 ; or
(g) by omitting subsection (5A) and substituting the following subsection:
(5A)  The regulations may contain provisions abrogating, reducing, assigning or withholding a person's entitlement to a lump sum or pension benefit –
(a) in order to satisfy the requirements of the relevant law of the Commonwealth; or
(b) in a case where the Board is satisfied that a contributor or pensioner was, at the date of his or her death, living apart from his or her spouse and not providing significant financial support for the spouse.



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