Western Australian Current Acts Western Australian Current Acts[s. 7B]
[Heading inserted: No. 18 of 2006 s. 16.]
In this Schedule
—
prior approval means the prior written approval of
the Treasurer.
[Clause 1 inserted: No. 18 of 2006 s. 16; amended:
No. 35 of 2011 s. 39.]
(1) The Board must not
sell or otherwise dispose of shares in the subsidiary without prior approval.
(2) The Treasurer is
empowered to execute a transfer of any shares in the subsidiary held by the
Board.
[Clause 2 inserted: No. 18 of 2006 s. 16; amended:
No. 35 of 2011 s. 31.]
(1) The directors of
the subsidiary are to be appointed by the Board, but no such director may be
appointed without prior approval.
(2) All decisions
relating to the operation of the subsidiary are to be made by or under the
authority of the board of the subsidiary in accordance with the statement of
corporate intent of the Board and the subsidiary.
(3) The board of the
subsidiary is accountable to the Treasurer in the manner set out in section 36
and in the constitution of the subsidiary.
[Clause 3 inserted: No. 18 of 2006 s. 16; amended:
No. 35 of 2011 s. 31.]
Shares in the
subsidiary must not be issued or transferred without prior approval.
[Clause 4 inserted: No. 18 of 2006 s. 16.]
5 . Alteration of constitution
The constitution of
the subsidiary must not be modified or replaced without prior approval.
[Clause 5 inserted: No. 18 of 2006 s. 16.]
6 . Subsidiaries of subsidiary
(1) The subsidiary
must not form or acquire any subsidiary without prior approval.
(2) The subsidiary
must ensure that the constitution of each of its subsidiaries at all times
complies with this Act.
(3) The subsidiary
must, to the maximum extent practicable, ensure that each of its subsidiaries
complies with its constitution and with the requirements of this Act.
[Clause 6 inserted: No. 18 of 2006 s. 16.]
This is a compilation of the State Superannuation Act 2000 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
For provisions that have not yet come into operation see the uncommenced
provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
42 of 2000 |
2 Nov 2000 |
s. 1 and 2: 2 Nov 2000; | |
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13
Jul 2001 No. S285) | |
|
Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 19 |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002 p. 4693) |
|
Corporations (Consequential Amendments) Act (No. 3) 2003 Pt. 15 2 |
21 of 2003 |
23 Apr 2003 |
11 Mar 2002 (see s. 2 and Cwlth Gazette 24 Oct 2001 No. GN42) |
|
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Pt. 2 Div. 120 3 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
|
Superannuation Legislation Amendment and Validation Act 2006 Pt. 3 4 |
18 of 2006 |
31 May 2006 |
31 May 2006 (see s. 2) |
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 17 Div. 9 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
|
Reprint 1: The State Superannuation Act 2000 as at 18 Aug 2006 (includes
amendments listed above) | |||
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 160 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
State Superannuation Amendment Act 2007 Pt. 1, 2 and 5 Div. 3 Subdiv. 1 5 |
25 of 2007 |
16 Oct 2007 |
Pt. 1: 16 Oct 2007 (see s. 2(1)(a)); |
|
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
|
State Superannuation Amendment Act 2011 |
35 of 2011 |
12 Sep 2011 |
s. 1 and 2: 12 Sep 2011 (see s. 2(a)); |
|
Statutes (Repeals and Minor Amendments) Act 2011 s. 27 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
|
Reprint 2: The State Superannuation Act 2000 as at 11 May 2012 (includes
amendments listed above) | |||
|
Statutes (Repeals and Minor Amendments) Act 2014 s. 40 |
17 of 2014 |
2 Jul 2014 |
6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213) |
|
Unclaimed Money (Superannuation and RSA Providers) Amendment and Expiry Act
2014 Pt. 3 |
22 of 2014 |
29 Aug 2014 |
7 Jan 2015 (see s. 2(b) and Gazette 6 Jan 2015 p. 3) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation Amendment Act 2024 (s. 3-27) |
50 of 2024 |
6 Dec 2024 |
To be proclaimed (see s. 2(b)) |
Other notes
1 The Superannuation and Family Benefits Act 1938
was repealed by s. 39 of this Act. Certain provisions of that Act continue to
apply to and in relation to certain schemes because of the State
Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.
2 The Corporations (Consequential Amendments) Act
(No. 3) 2003 s. 2-4 read as follows:
2. Commencement
(1) If this Act
receives the Royal Assent before the day on which Schedule 1 to the Financial
Services Reform Act comes into operation, this Act comes into operation at the
same time as that Schedule comes into operation.
(2) If this Act
receives the Royal Assent on or after the day on which Schedule 1 to the
Financial Services Reform Act comes into operation, this Act is deemed to have
come into operation at the same time as that Schedule comes into operation.
3. Interpretation
In this Part —
Financial Services Reform Act means the Financial
Services Reform Act 2001 of the Commonwealth;
FSR commencement time means the time when Schedule
1 to the Financial Services Reform Act comes into operation;
statutory rule means a regulation, rule or by-law.
4. Validation
(1) This section
applies if this Act comes into operation under section 2(2).
(2) Anything done or
omitted to have been done after the FSR commencement time and before this Act
receives the Royal Assent that could have been done if this Act had received
the Royal Assent before the FSR commencement time is taken to be as valid and
lawful, and to always have been as valid and lawful, as it would have been if
this Act had received the Royal Assent before the FSR commencement time.
(3) Anything done or
omitted to have been done by a person after the FSR commencement time and
before this Act received the Royal Assent that would have been valid and
lawful if the Financial Services Reform Act had not commenced, is taken to be
valid and lawful.
(4) Anything done or
omitted to have been done after the FSR commencement time and before this Act
receives the Royal Assent —
(a) that
could only have been validly and lawfully done or omitted because this Act
received the Royal Assent after the FSR commencement time; and
(b) that
could not have been validly and lawfully done or omitted if this Act had
received the Royal Assent before the FSR commencement time,
is taken not to be
valid, and to never have been valid.
3 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative
Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal
Regulations 2004 r. 28 and 42 deal with certain transitional issues some of
which may be relevant for this Act.
4 The Superannuation Legislation Amendment and
Validation Act 2006 s. 17 and 18 read as follows:
17. Validation of certain payments
(1) In this section
—
Superannuation Act means the State Superannuation
Act 2000 , the Government Employees Superannuation Act 1987 or the
Superannuation and Family Benefits Act 1938 .
(2) A payment or
purported payment of a benefit under the State Superannuation Act 2000 , the
Government Employees Superannuation Act 1987 or the
Superannuation and Family Benefits Act 1938 that was —
(a) made
before this section came into operation; and
(b)
invalid or ineffective because of the Administration Act 1903 section 10,
is, and is to be taken
always to have been, as valid and effective as it would have been if the
State Superannuation Act 2000 section 40, as inserted by section 15 of this
Act, had been in operation in respect of each Superannuation Act at the time
of the payment.
(3) If —
(a) a
benefit under the State Superannuation Act 2000 , the
Government Employees Superannuation Act 1987 or the
Superannuation and Family Benefits Act 1938 was paid to an executor or
administrator of the estate of a deceased person before this section came into
operation; and
(b) the
executor or administrator paid, or purportedly paid, some or all of the
benefit to another person before this section came into operation; and
(c) the
payment was invalid or ineffective because of the Administration Act 1903
section 10,
the executor or
administrator is, and is to be taken always to have been, as liable for the
payment referred to in paragraph (b) as the executor or administrator would
have been if the State Superannuation Act 2000 section 40, as inserted by
section 15 of this Act, had been in operation in respect of each
Superannuation Act at the time of the payment referred to in paragraph (a).
18. Validation of contributions made for visiting
medical practitioners
(1) In this section
—
Board means the Government Employees
Superannuation Board referred to in the State Superannuation Act 2000
section 5;
visiting medical practitioner means a medical
practitioner engaged, other than as an employee, to provide services in a
hospital.
(2) This section
applies in relation to superannuation contributions made, or purportedly made,
under the Government Employees Superannuation Act 1987 or the
State Superannuation Act 2000 in respect of a visiting medical practitioner
between 1 July 1992 and 30 June 2001.
(3) A thing done, or
purportedly done, by the Board in consequence of a superannuation contribution
having been made, or purportedly made, in respect of a visiting medical
practitioner is, and is to be taken always to have been, as valid and
effective as if the contribution had been made in respect of a person who was
a member of the relevant scheme.
5 The State Superannuation Amendment Act 2007 Pt.
5 Div. 1 and 2 were repealed by the State Superannuation Amendment Act 2007 s.
2(8)(a) and Pt. 3, 4, 5 Div. 3 Subdiv. 2 and Pt. 6 Div. 2 were repealed by the
State Superannuation Amendment Act 2011 s. 4 before they purported to come
into operation.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
actuary
3(1)
beneficiary 36(4)
benefit
3(1)
benefits 28(3)
Board 3(1)
Board officer
11(3)
borrow money 24(3)
chosen fund
4A(1)
Corporations Act 3(1)
default fund 4A(1)
Department
33(4B)
document 36(4)
employee
4A(1)
Employer 3(1)
exempt
employee 4A(1)
Fund
3(1)
fund 4A(1)
GES Act
3(1)
individual superannuation guarantee shortfall
4A(1)
information 36(4)
Member
3(1)
multiplying factor
38(5B)
parliamentary purposes 36(4)
pension value
factor 38(5B)
prior approval
Sch. 3 cl. 1
relevant benefit 38(5B)
scheme
3(1)
SGA Act 4A(1)
spouse 28(3)
subsidiary
3(1)
superannuation guarantee charge 4A(1)
Treasurer’s guidelines 3(1)
© State of Western Australia 2024
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2024
.
By Authority: GEOFF O. LAWN, Government Printer