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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
State Superannuation Amendment Bill 2023
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Section 4A amended 2
6. Section 4AA inserted 3
4AA. Stapled funds 3
7. Section 4B amended 3
8. Section 4D inserted 4
4D. Fund to which superannuation
contributions must be made 4
9. Section 6 amended 5
10. Section 18 amended 5
11. Section 23 amended 5
12. Section 24 amended 6
13. Section 27 deleted 6
14. Section 28 amended 6
15. Section 30 amended 6
16. Section 33 amended 6
17. Section 37 inserted 7
37. Superannuation contributions made by
non-government contributors 7
18. Section 38 amended 8
19. Part 7 inserted 9
Part 7 -- Savings and transitional provisions
41. Default fund for employee 9
42. Maximum period of service for directors 10
43. Changes to regulation-making power 10
20. Schedule 1 clause 1A inserted 11
1A. Terms used 11
21. Schedule 1 clause 4 amended 11
136--1 page i
State Superannuation Amendment Bill 2023
Contents
22. Schedule 1 clause 4A inserted 12
4A. Term of office: Member directors 12
23. Schedule 1 clause 6 amended 12
24. Schedule 1 clause 6A inserted 13
6A. Acting directors 13
25. Schedule 1 clause 7 amended 14
26. Schedule 2 clause 9 amended 14
27. Various references to "chairman" amended 14
page ii
Western Australia
LEGISLATIVE ASSEMBLY
State Superannuation Amendment Bill 2023
A Bill for
An Act to amend the State Superannuation Act 2000.
The Parliament of Western Australia enacts as follows:
page 1
State Superannuation Amendment Bill 2023
s. 1
1 1. Short title
2 This is the State Superannuation Amendment Act 2023.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the State Superannuation Act 2000.
11 4. Section 3 amended
12 In section 3(1) insert in alphabetical order:
13
14 non-government contributor has the meaning given in
15 section 37(1);
16 SGA Act means the Superannuation Guarantee
17 (Administration) Act 1992 (Commonwealth);
18
19 5. Section 4A amended
20 (1) In section 4A(1) delete the definition of SGA Act.
21 (2) In section 4A(1) insert in alphabetical order:
22
23 Commissioner of Taxation means the Commissioner
24 of Taxation holding office under the Taxation
25 Administration Act 1953 (Commonwealth);
26 no stapled fund has the meaning given in
27 section 4AA(2);
page 2
State Superannuation Amendment Bill 2023
s. 6
1 stapled fund has the meaning given in section 4AA(1);
2 stapled fund notification means a notification to an
3 Employer given by the Commissioner of Taxation
4 under the SGA Act section 32R(2) or (3);
5
6 (3) In section 4A(1) in the definition of exempt employee delete
7 "section 30(1) or (2)," and insert:
8
9 section 30(1),
10
11 6. Section 4AA inserted
12 After section 4A insert:
13
14 4AA. Stapled funds
15 (1) For the purposes of this Part, the stapled fund for an
16 employee is the fund identified in the most recent
17 stapled fund notification relating to the employee as the
18 stapled fund for the employee.
19 (2) For the purposes of this Part, there is no stapled fund
20 for an employee if the most recent stapled fund
21 notification relating to the employee does not identify a
22 stapled fund for the employee.
23
24 7. Section 4B amended
25 Delete section 4B(2) and (3).
page 3
State Superannuation Amendment Bill 2023
s. 8
1 8. Section 4D inserted
2 At the end of Part 2A insert:
3
4 4D. Fund to which superannuation contributions must
5 be made
6 (1) An Employer must make any superannuation
7 contribution it is required to make under section 4B
8 or 4C in accordance with this section.
9 (2) If there is a chosen fund for the employee at the time
10 the contribution is made, the superannuation
11 contribution must be made to a fund that is a chosen
12 fund for the employee.
13 (3) If there is no chosen fund for the employee at the time
14 the contribution is made, the superannuation
15 contribution must be made to the stapled fund for the
16 employee.
17 (4) If there is no chosen fund and no stapled fund for the
18 employee at the time the contribution is made, the
19 superannuation contribution must be made to the
20 default fund for the employee.
21 (5) Subsections (3) and (4) do not apply in respect of an
22 employee who commenced employment before the
23 commencement of this section.
24 (6) If subsections (3) and (4) do not apply in respect of the
25 employee and there is no chosen fund for the employee
26 at the time the contribution is made, the superannuation
27 contribution must be made to the default fund for the
28 employee.
page 4
State Superannuation Amendment Bill 2023
s. 9
1 (7) Except as prescribed by the regulations, an Employer
2 must comply with the requirements of the SGA Act
3 Part 3A Division 6, even if it is not required by that Act
4 to do so.
5
6 9. Section 6 amended
7 Before section 6(1)(ba) insert:
8
9 (a) assist the Treasurer in the administration of this
10 Act;
11
12 10. Section 18 amended
13 After section 18(3) insert:
14
15 (4) Any procurement of services by the Board that is made
16 in connection with the performance of its functions
17 under this section is excluded from the application of
18 the Procurement Act 2020.
19
20 Note: The heading to amended section 18 is to read:
21 Investing Fund's assets
22 11. Section 23 amended
23 In section 23(1) delete the passage that begins with "appoint --"
24 and continues to the end of the subsection and insert:
25
26 appoint an employee of the Board or any other person as an
27 investment manager on terms determined by the Board.
28
29 Note: The heading to amended section 23 is to read:
30 Appointment of investment manager
page 5
State Superannuation Amendment Bill 2023
s. 12
1 12. Section 24 amended
2 In section 24(3) in the definition of borrow money delete
3 "obtain credit".
4 13. Section 27 deleted
5 Delete section 27.
6 14. Section 28 amended
7 (1) In section 28(2) delete "A scheme, other than a scheme
8 continued by section 29(1)(b), (c) or (d)," and insert:
9
10 Subject to subsection (2A), a scheme
11
12 (2) After section 28(2) insert:
13
14 (2A) A scheme continued by section 29(1)(b), (c) or (d) may
15 only provide for the matters referred to in
16 subsection (2) by regulations made in accordance with
17 section 38(5A)(a).
18
19 15. Section 30 amended
20 (1) Delete section 30(2) and (3A).
21 (2) Delete section 30(3)(b).
22 16. Section 33 amended
23 (1) In section 33(4A) delete the passage that begins with "is to --"
24 and continues to the end of the subsection and insert:
25
26 must publish the guidelines on a website maintained by the
27 Department.
28
page 6
State Superannuation Amendment Bill 2023
s. 17
1 (2) In section 33(4B) in the definition of Department delete "this
2 Act." and insert:
3
4 the Financial Management Act 2006.
5
6 17. Section 37 inserted
7 After section 36 insert:
8
9 37. Superannuation contributions made by
10 non-government contributors
11 (1) In this section --
12 employee has the meaning given in the SGA Act
13 section 12;
14 non-government contributor means a person, other
15 than an Employer, who makes a superannuation
16 contribution for the benefit of an employee of the
17 person.
18 (2) The Board may, with the written approval of the
19 Treasurer --
20 (a) provide a service of receiving superannuation
21 contributions that are made by non-government
22 contributors; and
23 (b) credit the superannuation contributions to the
24 Fund.
25 (3) The Treasurer's approval may be of a general nature or
26 limited to a particular non-government contributor or
27 class of non-government contributors.
page 7
State Superannuation Amendment Bill 2023
s. 18
1 (4) The Board may accept a superannuation contribution
2 made by a non-government contributor only if the
3 contribution is made for the benefit of an employee of
4 the non-government contributor who is a member of a
5 scheme.
6 (5) The Board must not credit a superannuation
7 contribution made by a non-government contributor to
8 an account that is kept for a scheme continued by
9 section 29.
10 18. Section 38 amended
11 (1) After section 38(2)(c) insert:
12
13 (ca) contributions by non-government contributors;
14 and
15
16 (2) In section 38(4):
17 (a) in paragraph (a) after "would be" insert:
18
19 required or
20
21 (b) in paragraph (a) delete "the SIS Act to be made to the
22 governing rules of that fund; or" and insert:
23
24 Commonwealth legislation; or
25
26 (c) in paragraph (b) delete "them; or" and insert:
27
28 them.
29
30 (d) delete paragraphs (c) and (d).
page 8
State Superannuation Amendment Bill 2023
s. 19
1 (3) Delete section 38(5A)(a) and insert:
2
3 (a) the Treasurer has certified that the Treasurer is
4 satisfied that the change to be made by the
5 regulations is a change that, if each scheme
6 affected by the regulations were a regulated
7 superannuation fund, would be required or
8 permitted under Commonwealth legislation; or
9
10 (4) Delete section 38(5C), (5E) and (6A).
11 (5) In section 38(6) delete "the Gazette." and insert:
12
13 accordance with the Interpretation Act 1984 section 41(1)(a).
14
15 (6) Delete section 38(9).
16 19. Part 7 inserted
17 After section 40 insert:
18
19 Part 7 -- Savings and transitional provisions
20 41. Default fund for employee
21 (1) If, immediately before the day on which the State
22 Superannuation Amendment Act 2023 section 15(1)
23 comes into operation, superannuation contributions
24 were being made by an Employer in relation to an
25 employee to a superannuation fund or scheme in
26 accordance with the approval of the Treasurer under
27 section 30(2) --
28 (a) the employee continues to be an exempt
29 employee, for the purposes of Part 2A, in
30 relation to that Employer; and
page 9
State Superannuation Amendment Bill 2023
s. 19
1 (b) the fund or scheme to which the contributions
2 were being made continues to be the default
3 fund in relation to that exempt employee for the
4 purposes of Part 2A.
5 (2) Subsection (1) ceases to apply if the Treasurer revokes
6 approval of the fund as the default fund for the
7 employee.
8 42. Maximum period of service for directors
9 (1) A term of office of a chairperson of the Board or an
10 Employer director that commenced before the day on
11 which the State Superannuation Amendment Act 2023
12 section 21(2) comes into operation does not count
13 towards the maximum period of service of the
14 chairperson or Employer director.
15 (2) A term of office of an elected director that commenced
16 before the day on which the State Superannuation
17 Amendment Act 2023 section 22 comes into operation
18 does not count towards the maximum period of service
19 of the elected director.
20 43. Changes to regulation-making power
21 The amendment of section 38 by the State
22 Superannuation Amendment Act 2023 section 18 does
23 not affect the validity of any regulation in effect
24 immediately before section 18 comes into operation.
25
page 10
State Superannuation Amendment Bill 2023
s. 20
1 20. Schedule 1 clause 1A inserted
2 At the beginning of Schedule 1 insert:
3
4 1A. Terms used
5 In this Schedule --
6 Employer director means a director appointed under
7 section 8(1)(b);
8 Member director means a director elected under
9 section 8(1)(c).
10
11 21. Schedule 1 clause 4 amended
12 (1) In Schedule 1 clause 4(1) delete "chairman or is appointed under
13 section 8(1)(b) to be a director" and insert:
14
15 chairperson or is appointed as an Employer director
16
17 (2) Delete Schedule 1 clause 4(2) and (3) and insert:
18
19 (2) A person appointed as chairperson or an Employer director
20 is eligible (if otherwise qualified) for re-appointment.
21 (3) The maximum period for which a person is eligible to serve
22 as chairperson or an Employer director is 10 years.
23 (4) However, the Treasurer may appoint a person as chairperson
24 or an Employer director for 1 term of office that exceeds the
25 maximum period.
26
27 Note: The heading to amended Schedule 1 clause 4 is to read:
28 Term of office: chairperson and Employer directors
page 11
State Superannuation Amendment Bill 2023
s. 22
1 22. Schedule 1 clause 4A inserted
2 After Schedule 1 clause 4 insert:
3
4 4A. Term of office: Member directors
5 (1) The term of office for which a Member director is elected is
6 3 years.
7 (2) A person elected as a Member director is eligible (if
8 otherwise qualified) for re-election.
9 (3) The maximum period for which a person is eligible to serve
10 as a Member director is 3 terms.
11 (4) However, a person is eligible to serve a 4th term as a
12 Member director if the Treasurer permits the person to serve
13 a 4th term under subsection (5).
14 (5) The Treasurer may, by instrument in writing made at the
15 request of the Board, permit a specified person to serve a
16 4th term of office as a Member director.
17 (6) The Treasurer must consult with unions or associations of
18 unions that appear to the Treasurer to be broadly
19 representative of persons who work for Employers before
20 permitting a person to serve a 4th term as a Member director.
21
22 23. Schedule 1 clause 6 amended
23 (1) In Schedule 1 clause 6(3) delete "director elected under
24 section 8(1)(c), the Treasurer may appoint a Member" and insert:
25
26 Member director, the Treasurer may appoint a person
27
page 12
State Superannuation Amendment Bill 2023
s. 24
1 (2) After Schedule 1 clause 6(4) insert:
2
3 (5) The term of office for which a Member director is appointed
4 under subclause (3) to fill a casual vacancy does not count
5 towards the maximum period for which the person is
6 eligible to serve as a Member director.
7
8 24. Schedule 1 clause 6A inserted
9 After Schedule 1 clause 6 insert:
10
11 6A. Acting directors
12 (1) The Treasurer may appoint a person to act in the office of an
13 Employer director or Member director during any period, in
14 the director's term of office, in which the director is absent
15 because of illness or on leave granted by the Board.
16 (2) Before appointing a person to act in the office of a Member
17 director, the Treasurer must consult with unions or
18 associations of unions that appear to the Treasurer to be
19 broadly representative of persons who work for Employers.
20 (3) A person who is appointed to act in the office of an
21 Employer director or Member director has all the functions
22 of the director and is taken to be a director.
23 (4) An act or omission of a person appointed to act in the office
24 of a director cannot be questioned on the grounds that the
25 occasion for the appointment had not arisen or had ceased.
26 (5) A period in which a person acts in the office of an Employer
27 director or Member director does not count towards the
28 maximum period for which the person is eligible to serve as
29 an Employer director or Member director.
30
page 13
State Superannuation Amendment Bill 2023
s. 25
1 25. Schedule 1 clause 7 amended
2 In Schedule 1 clause 7 after "allowances" insert:
3
4 (if any)
5
6 26. Schedule 2 clause 9 amended
7 In Schedule 2 clause 9(2):
8 (a) in paragraph (b) delete "Employer; or" and insert:
9
10 Employer or a non-government contributor; or
11
12 (b) in paragraph (c) after "Employer" insert:
13
14 or a non-government contributor
15
16 (c) in paragraph (c) delete "Employer; or" and insert:
17
18 Employer or a non-government contributor; or
19
20 Note: The heading to amended Schedule 2 clause 9 is to read:
21 Material interest
22 27. Various references to "chairman" amended
23 In the provisions listed in the Table:
24 (a) delete "chairman" and insert:
25
26 chairperson
27
page 14
State Superannuation Amendment Bill 2023
s. 27
1 (b) delete "chairman" (each occurrence) and insert:
2
3 chairperson
4
5 Table
s. 8(1)(a) Sch. 1 cl. 1(2)
Sch. 1 cl. 2(1), (2), (3) and (4) Sch. 2 cl. 3(a), (b) and (c)
6 Notes: The heading to amended section 8 is to read:
7 Composition of Board
8 The heading to amended Schedule 1 clause 1 is to read:
9 Nomination of chairperson
10 The heading to amended Schedule 1 clause 2 is to read:
11 Appointment of deputy chairperson
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