Federal Register of Legislation - Australian Government

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Act No. 39 of 1990 as amended, taking into account amendments up to Act No. 81 of 2005
An Act to establish supervisory mechanisms for the provision of superannuation benefits to certain persons, and for related purposes
Administered by: Finance
Registered 07 Jul 2005
Start Date 01 Jul 2005
Table of contents.

Superannuation Benefits (Supervisory Mechanisms) Act 1990

Act No. 39 of 1990 as amended

This compilation was prepared on 7 July 2005
taking into account amendments up to Act No. 81 of 2005

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement................................................................................... 1

3............ Interpretation....................................................................................... 1

4............ Application.......................................................................................... 4

4A......... Declarations etc. by Minister............................................................... 4

5............ Restrictions upon provision of superannuation................................... 4

6............ Prescribed requirements for provision of superannuation benefits...... 6

7............ Effect of contravention of prescribed requirements............................. 8

8............ Delegation by Minister...................................................................... 11

9............ Consequential amendments and transitional provisions.................... 12

Notes                                                                                                                                             16

 


An Act to establish supervisory mechanisms for the provision of superannuation benefits to certain persons, and for related purposes

 

 

 

1  Short title [see Note 1]

                   This Act may be cited as the Superannuation Benefits (Supervisory Mechanisms) Act 1990.

2  Commencement

                   This Act commences on 1 July 1990.

3  Interpretation

             (1)  In this Act:

excluded Territory authority or body means:

                     (a)  the Australian Capital Territory or the Northern Territory; or

                     (b)  an authority or body established or incorporated for a public purpose by a law of the Australian Capital Territory or the Northern Territory; or

                     (c)  a company or other body corporate in which the Australian Capital Territory or the Northern Territory has a controlling interest; or

                     (d)  an authority or body that is financed wholly or substantially, either directly or indirectly, by money provided by the Australian Capital Territory or the Northern Territory; or

                     (e)  a company or other body corporate in which a body politic, or other body or authority, referred to in paragraph (a), (b), (c) or (d) of this definition has, or 2 or more such bodies or authorities together have, a controlling interest.

overseas employee means a person employed or engaged outside Australia and the Territories, to perform duties outside Australia and the Territories, whether that person is employed or engaged under section 71 of the Public Service Act 1999 or otherwise.

relevant body means:

                     (a)  a company or other body corporate that is incorporated under an Act or a law of a State or Territory and in which the Commonwealth has a controlling interest; or

                     (b)  an authority or body (whether a body corporate or not) that is financed wholly or substantially, either directly or indirectly, by money provided by the Commonwealth but that is not established by a law of the Commonwealth and is not an excluded Territory authority or body; or

                     (c)  a company or other body corporate that is a relevant subsidiary;

being a company, body or authority that is:

                     (d)  an approved authority for the purposes of the Superannuation Act 1976; or

                     (e)  an approved authority for the purposes of the Superannuation Act 1990; or

                    (ea)  an approved authority for the purposes of the Superannuation Act 2005; or

                      (f)  declared by the Minister, by notice published in the Gazette, to be a relevant body for the purposes of this Act.

relevant law means a law of the Commonwealth (other than the Northern Territory (Self‑Government) Act 1978 and the Australian Capital Territory (Self‑Government) Act 1988).

relevant subsidiary means a company or other body corporate incorporated under an Act or a law of a State or Territory, being a company or other body corporate in which:

                     (a)  an authority or body that:

                              (i)  is of a kind described in subparagraph (b)(i), (ii), (iii) or (iv) of the definition of approved authority in section 3 of the Superannuation Act 1990 or described in paragraph 8(3)(a), (b), (c) or (d) of the Superannuation Act 2005; and

                             (ii)  is not an excluded Territory authority or body;

                            has a controlling interest; or

                     (b)  the Commonwealth and one or more than one authority or body that is, or are each, of a kind described in paragraph (a) of this definition together have a controlling interest; or

                     (c)  2 or more authorities or bodies that are each of a kind described in paragraph (a) of this definition together have a controlling interest.

superannuation arrangement means any arrangement, however established, whether formal or informal and whether dependent on the establishment of a trust or not, that provides for, or that constitutes the provision of, superannuation benefits:

                     (a)  to a person on or because of the person’s ceasing to hold an office or appointment or to be employed; or

                     (b)  to other persons on or because of the person’s death;

and, without limiting the generality of the foregoing, includes any scheme or arrangement that was a superannuation scheme for the purposes of Part XA of the Superannuation Act 1976.

superannuation benefits includes, but is not limited to, benefits similar to the benefits provided under the Superannuation Act 1976, the Superannuation Act 1990 or the Superannuation Act 2005.

             (2)  Nothing in this Act is to be taken to imply that the Minister may not declare companies, bodies or authorities that have or will have appropriate characteristics to be relevant bodies for the purposes of this Act despite the fact that the companies, bodies or authorities or some of them are not in existence at the time the declaration is made.

             (3)  For the purposes of this Act:

                     (a)  a reference to a person who is employed under a relevant law includes a reference to a person holding an office or appointment under that law; and

                     (b)  a reference to a person who is employed by a relevant body includes a reference to a person holding an office or appointment in that body.

             (4)  Where a person is a director of a company or other body corporate incorporated, whether before or after the commencement of this Act, under a law of the Commonwealth, a State or Territory, being a company or other body that is a relevant body, the person is, for the purposes of this Act, taken to be employed by the company or other body.

             (5)  The Minister may, by notice published in the Gazette, declare that the person holding or occupying a particular office or position is to be taken, for the purposes of this Act, to be the employer of specified persons and, upon the publication of such a notice, the person is to be so taken.

4  Application

                   This Act applies within and outside Australia.

4A  Declarations etc. by Minister

                   If a provision of this Act refers to a declaration made or other thing done by the Minister and there is no other provision in this Act expressly authorising the Minister to make such a declaration or do such a thing, the Minister is, and is taken to have at all times been, authorised to make such a declaration or do such a thing.

5  Restrictions upon provision of superannuation

             (1)  Where a person other than an overseas employee is employed under a relevant law, superannuation benefits for or in relation to the person must not be provided under that law or any other relevant law or under terms and conditions of employment determined under any such law unless:

                     (b)  a relevant law expressly provides for their provision; or

                     (c)  a relevant law allows their provision and they satisfy the relevant prescribed requirements for the provision of superannuation benefits under a superannuation arrangement.

             (2)  Where a person other than an overseas employee is employed by a relevant body, that body must not provide, or arrange for the provision of, superannuation benefits for or in relation to the person unless:

                     (a)  their provision is permitted under subsection (1); or

                     (c)  the body has power to provide them and they satisfy the relevant prescribed requirements for the provision of superannuation benefits under a superannuation arrangement.

             (3)  Where superannuation benefits may be provided to a person to whom subsection (1) or (2) applies without contravention of that subsection, those benefits may be provided under:

                     (a)  a superannuation arrangement that will provide benefits only for, or in relation to, such persons; or

                     (b)  an existing or proposed superannuation arrangement that will also provide superannuation benefits for, or in relation to, persons other than such persons.

             (6)  Where a superannuation arrangement purports to provide, in contravention of subsection (1) or (2), superannuation benefits for or in relation to persons who are, or who include persons who are, employed under a relevant law or by a relevant body, that arrangement has no force or effect, or no force or effect in its purported application in respect of persons so employed.

             (7)  Subsection (1) or (11) is not to be taken to prevent the provision of superannuation benefits under a superannuation arrangement that had been established or put into effect before, and was in operation on, 24 April 1978.

             (8)  Subsection (2) or (11) is not to be taken to prevent the provision of superannuation benefits by, or arranged for by, a relevant body under a superannuation arrangement:

                     (a)  that had been established or put into effect, before, and was in operation when, the body became a relevant body; or

                     (b)  that is established or put into effect before, and is in operation when, the body becomes a relevant body.

             (9)  Subsection (8) does not apply to a superannuation arrangement:

                     (a)  that had been established or put into effect on or after 24 April 1978 and before 14 December 1988, in contravention of section 167A of the Superannuation Act 1976; or

                     (b)  that had been established or put into effect on or after 14 December 1988 and before the commencement of this section, in contravention of Part XA of the Superannuation Act 1976; or

                     (c)  that is established or put into effect after the commencement of this section, in contravention of this Act.

           (10)  An amendment of a superannuation arrangement referred to in subsection (7) or (8), being an arrangement that provides superannuation benefits solely for or in relation to persons who are referred to in subsection (1) or (2), has no force or effect unless the provision of superannuation benefits under the arrangement as amended would satisfy the relevant prescribed requirements.

           (11)  Without limiting the effect of subsection (6) or (10), superannuation benefits for or in relation to a person must not be provided under a superannuation arrangement, or under an amendment of a superannuation arrangement, that has no force or effect because of that subsection.

6  Prescribed requirements for provision of superannuation benefits

             (1)  The prescribed requirements for the provision of superannuation benefits under a superannuation arrangement for the purposes of section 5 are:

                     (a)  the requirements that the Minister, by signed writing, determines; and

                     (b)  a requirement that procedures, satisfactory to the Minister, are in place for an employer that employs people for or in relation to whom the benefits are to be provided to make annual or other reports relating to the establishment and operation of the superannuation arrangement under which the benefits are provided.

          (1A)  Despite subsection (1), the prescribed requirements for the provision of superannuation benefits under a superannuation arrangement have no effect to the extent (if any) that compliance with those requirements could result in:

                     (a)  an employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) becoming liable to pay superannuation guarantee charge; or

                     (b)  a Commonwealth Department (within the meaning of section 5 of the Superannuation Guarantee (Administration) Act 1992) becoming notionally liable to pay superannuation guarantee charge in accordance with subsection 5(2) of that Act; or

                     (c)  an untaxable Commonwealth authority (within the meaning of section 5 of the Superannuation Guarantee (Administration) Act 1992) becoming notionally liable to pay superannuation guarantee charge in accordance with subsection 5(2A) of that Act.

             (2)  The requirements that the Minister may determine under paragraph (1)(a) may include requirements as to:

                     (a)  the classes or kinds of employers (to be determined, in particular, by reference to the nature of their operations) in respect of whom it is appropriate to allow superannuation benefits to be provided for or in relation to people employed by them; and

                     (b)  the maximum costs that may be incurred by an employer in providing the benefits.

             (3)  The requirements that the Minister may determine under paragraph (1)(a) may be of general or specially limited application and may differ according to differences in circumstance.

             (4)  Without limiting the generality of subsection (3), the Minister may determine under paragraph (1)(a) different requirements in relation to different classes of people employed, people employed under different laws or people employed by different employers or classes or kinds of employers.

             (5)  The Minister may determine under paragraph (1)(a) a requirement in relation to all employers, or particular employers or classes or kinds of employers, that superannuation benefits for or in relation to all or any of the people employed by such an employer may only be provided by someone other than:

                     (a)  the employer concerned; or

                     (b)  a person who is associated in any way with the employer concerned (including, if the employer is a body corporate, another body corporate that is related to the first‑mentioned body corporate for the purposes of the Corporations Act 2001).

             (6)  In this section (other than subsection (1A)):

employer means a person (including an Agency within the meaning of the Public Service Act 1999) that:

                     (a)  employs people under a relevant law; or

                     (b)  is a relevant body; and

includes a person in respect of whom a declaration is in force under subsection 3(5).

7  Effect of contravention of prescribed requirements

             (1)  Any act done in relation to the provision of superannuation benefits that contravenes any of the prescribed requirements referred to in section 6 is void to the extent that it contravenes the requirements.

             (3)  Where, because of the operation of subsection (1) of this Act or subsection 7(2) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 as in force immediately before 1 July 1994, the payment of money by a person or body to another person or body is void, then, unless the Minister has declared in writing that this subsection does not apply:

                     (a)  the money so paid is recoverable as a debt due to the person or body who paid it; and

                     (b)  if the person or body who paid the money is the employer and the Minister has directed that person or body, by notice in writing, to take action to recover it—the person or body must take action to recover it accordingly.

             (4)  Where, because of the operation of subsection 5(6) or (10) of this Act, or subsection 5(4) or (5) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 as in force immediately before 1 July 1994, a superannuation arrangement, or an amendment of a superannuation arrangement, is of no force or effect, the Minister may, after having regard to the consequences to persons receiving, or likely to receive, benefits under the arrangement, by determination in writing:

                     (a)  declare the arrangement or amendment, and all or any actions associated with its establishment, making or operation, to have the same force and effect as if it had made provision for, or constituted the provision of, superannuation benefits in accordance with the requirements of this Act; or

                     (b)  declare the arrangement or amendment, and all or any actions associated with its establishment, making or operation, to have the force and effect referred to in paragraph (a) if the employer concerned, within a period specified in the determination, takes, to the satisfaction of the Minister, such action in relation to the arrangement or amendment as is specified in the determination, being action that, in the opinion of the Minister:

                              (i)  will most effectively modify the operation of the arrangement or amendment so that its effect will be substantially similar to the effect it would have had if it had made provision for, or constituted the provision of, superannuation benefits in accordance with the requirements of this Act; or

                             (ii)  if it cannot be so modified—will most effectively restrict the operation of the arrangement or amendment.

             (5)  Where, because of the operation of subsection 5(6) of this Act, or subsection 5(4) or (5) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 as in force immediately before 1 July 1994, a superannuation arrangement, or an amendment of a superannuation arrangement, is of no force or effect in its application in respect of particular persons, the Minister may, after having regard to the consequences to persons receiving, or likely to receive, benefits under the arrangement, by determination in writing:

                     (a)  declare the arrangement or amendment, in its application to those persons, and all or any actions associated with its application in respect of those persons, to have the same force and effect as if it had made provision for, or constituted the provision of, superannuation benefits in respect of those persons in accordance with the requirements of this Act; or

                     (b)  declare the arrangement or amendment, in its application in respect of those persons, and all or any actions associated with its application in respect of those persons, to have the force and effect referred to in paragraph (a) if the employer concerned, within a period specified in the determination, takes, to the satisfaction of the Minister, such action in relation to the arrangement or amendment as is specified in the determination, being action that, in the opinion of the Minister:

                              (i)  will most effectively modify the operation of the arrangement or amendment so that the effect of its application in respect of those persons will be substantially similar to the effect its application would have had if it had made provision for, or constituted the provision of, superannuation benefits in respect of those persons in accordance with the requirements of this Act; or

                             (ii)  if it cannot be so modified—will most effectively restrict the operation of the arrangement or amendment in its application to those persons.

             (6)  Where the Minister makes a determination under subsection (4) or (5), he or she:

                     (a)  must cause a copy of the determination to be given to the employer concerned; and

                     (b)  must cause a copy of the determination to be laid before each House of the Parliament within 5 sitting days of that House after its making.

             (7)  Either House of the Parliament, within 5 sitting days of that House after a copy of a determination has been laid before that House may, under a motion upon notice, pass a resolution disallowing the determination.

             (8)  Where:

                     (a)  a notice referred to in subsection (7) is given with respect to a determination; and

                     (b)  at the expiration of the period during which a resolution disallowing the determination could have been passed:

                              (i)  the notice has not been withdrawn and the relevant motion has not been called on; or

                             (ii)  the relevant motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the determination is to be taken to have been disallowed.

             (9)  If:

                     (a)  neither House of the Parliament passes a resolution in accordance with subsection (7) disallowing a determination; and

                     (b)  the determination is not to be taken to have been disallowed under subsection (8);

the determination takes effect on whichever of the following days is the later:

                     (c)  the day immediately following the last day on which a resolution disallowing the determination could have been passed;

                     (d)  where the determination is conditional upon the employer’s taking, to the satisfaction of the Minister, specified action within a specified period and the Minister is satisfied that that action is so taken—the day on which the Minister, by notice in writing given to the employer, declares himself or herself to be so satisfied.

           (10)  If, before the expiration of 5 sitting days of a House of the Parliament after a copy of a determination has been laid before that House:

                     (a)  the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

                     (b)  at the time of the dissolution, expiry or prorogation, as the case may be:

                              (i)  a notice of motion disallowing the determination has not been withdrawn and the motion has not been called on; or

                             (ii)  a motion disallowing the determination has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the copy of the determination must, for the purposes of this section, be taken to have been laid before that first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.

           (11)  A reference in this section to the provision of superannuation benefits includes a reference to any act done in relation to the establishment or administration of a superannuation arrangement for their provision, including the receipt of contributions under the arrangement.

8  Delegation by Minister

                   The Minister may, by signed instrument, delegate to an officer of the Department all or any of the Minister’s powers or functions in relation to the provision of superannuation benefits:

                     (a)  under this Act or under any other relevant law (other than the Superannuation Act 1922, the Superannuation Act 1976, the Superannuation Act 1990, the Superannuation Act 2005 or the Superannuation (Productivity Benefit) Act 1988); or

                     (b)  under any trust deed or rules established in relation to superannuation arrangements to which this Act or any other relevant law (other than the Superannuation Act 1922, the Superannuation Act 1976, the Superannuation Act 1990, the Superannuation Act 2005 or the Superannuation (Productivity Benefit) Act 1988) applies.

9  Consequential amendments and transitional provisions

             (1)  Part XA of the Superannuation Act 1976 is repealed.

             (2)  Where, immediately before the repeal of Part XA of the Superannuation Act 1976 there was in force:

                     (a)  a declaration by the Minister, by notice published in the Gazette under subsection 153AA(1) of that Act:

                             (ii)  that a particular company, body or authority is a relevant body;

                            for the purposes of that Part—that declaration continues in force, after the repeal, as if it were a declaration to the same effect under subsection 3(1) of this Act; and

                     (b)  a declaration by the Minister, by notice published in the Gazette under subsection 153AA(4) of that Act, that a person holding or occupying a particular office is to be taken to be the employer of specified persons for the purposes of that Part—that declaration continues in force, after the repeal, as if it were a declaration to the same effect under subsection 3(5) of this Act.

             (5)  Where an act is void because of the operation of subsection 153AD(1) or (2) of the Superannuation Act 1976, this Act has effect, after the repeal of Part XA of that Act, as if the act were void because of the operation of subsection 7(1) of this Act, as the case requires.

             (7)  Where:

                     (a)  the Minister has declared, under subsection 153AD(3) of the Superannuation Act 1976, that that subsection does not apply; and

                     (b)  the declaration is in force immediately before the repeal of Part XA of that Act;

the declaration continues in force, after the repeal, as if it were a declaration under subsection 7(3) of this Act to the effect that that subsection does not apply.

             (8)  Where:

                     (a)  the Minister had directed under paragraph 153AD(3)(b) of the Superannuation Act 1976 that the person who made a payment recover the money paid; and

                     (b)  the direction is in force immediately before the repeal of Part XA of that Act but proceedings have not been instituted to recover the money;

the direction continues in force, after the repeal, as if it were a direction duly given under paragraph 7(3)(b) of this Act.

             (9)  Where any proceedings had been instituted under subsection 153AD(3) of the Superannuation Act 1976 before the repeal of Part XA of that Act, but those proceedings had not been completed before that repeal, those proceedings may be continued, after the repeal, as if Part XA of that Act had not been repealed.

           (10)  Where:

                     (a)  the Minister makes a determination under subsection 153AD(4) or (5) of the Superannuation Act 1976 in relation to a superannuation scheme within the meaning of that Act or an amendment of such a scheme; and

                     (b)  that determination is in force immediately before the repeal of Part XA of that Act;

that determination continues in force, after the repeal:

                     (c)  as if this Act had been in force at the time the determination was made; and

                     (d)  as if the determination had been made, in relation to that scheme or amendment, under and in accordance with the requirements of subsection 7(4) or (5) of this Act.

           (11)  Where:

                     (a)  a determination has been made under subsection 153AD(4) or (5) of the Superannuation Act 1976; and

                     (b)  the determination has not been laid before each House of the Parliament before the repeal of Part XA of that Act or has been so laid but has not come into effect, or been disallowed, before that repeal;

that determination is to be treated, after that repeal:

                     (c)  as if this Act had been in force on the day when the determination was made; and

                     (d)  as if the determination had been made under and in accordance with the requirements of subsection 7(4) or (5) of this Act; and

                     (e)  if the determination has been laid before each House of the Parliament—as if the determination had been laid before each House of the Parliament under and in accordance with the requirements of section 7 of this Act on the day when it was so laid.


Notes to the Superannuation Benefits (Supervisory Mechanisms) Act 1990

Note 1

The Superannuation Benefits (Supervisory Mechanisms) Act 1990 as shown in this compilation comprises Act No. 39, 1990 amended as indicated in the Tables below.

The Superannuation Benefits (Supervisory Mechanisms) Act 1990 is affected by section 51 of the CSL Sale Act 1993.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Superannuation Benefits (Supervisory Mechanisms) Act 1990

39, 1990

7 June 1990

1 July 1990

 

Superannuation Legislation Amendment Act 1991

130, 1991

2 Sept 1991

Ss. 79 and 80: Royal Assent (a)

Qantas Sale Act 1992

196, 1992

21 Dec 1992

Schedule (Parts 3 and 6): (b)

S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, s. 3)

as amended by

 

 

 

 

Qantas Sale Amendment Act 1993

60, 1993

3 Nov 1993

10 Mar 1993

Qantas Sale Amendment Act 1994

168, 1994

16 Dec 1994

S. 3 (item 17): Royal Assent (c)

Superannuation Industry (Supervision) Consequential Amendments Act 1993

82, 1993

30 Nov 1993

Part 10 (ss. 52, 53): 1 Dec 1993 (d)

Superannuation Legislation Amendment Act 1994

86, 1994

23 June 1994

Div. 2‑8 of Part 2 (ss. 4–63), ss. 66(a), (c), 79–87 and 92–98: 1 July 1994
Ss. 66(b) and 67:
1 July 1993
S. 69: 1 July 1992
S. 76: 1 July 1990
Remainder: Royal Assent

Ss. 92, 95(2)–(5), 96(2) and 97(2)

as amended by

 

 

 

 

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 3 (items 114, 115): 23 June 1994 (e)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 890, 891): 5 Dec 1999 (see Gazette 1999, No. S584) (f)

Corporations (Repeals, Consequentials and Transitionals) Act 2001

55, 2001

28 June 2001

Ss. 4–14 and Schedule 3 (item 496): 15 July 2001 (see Gazette 2001, No. S285) (g)

Ss. 4–14 [see Note 1]

Superannuation (Consequential Amendments) Act 2005

81, 2005

29 June 2005

Schedule 4: 1 July 2005

 


(a)     The Superannuation Benefits (Supervisory Mechanisms) Act 1990 was amended by sections 79 and 80 only of the Superannuation Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(b)     The Superannuation Benefits (Supervisory Mechanisms) Act 1990 was amended by the Qantas Sale Act 1992, subsections 2(2), (5) and (6) of which provide as follows:

                 (2)   Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

                 (5)   If, on the 100% sale day, Part 3 of the Schedule has not commenced, then, on the day on which Part 7 of the Schedule commences, Parts 3 and 6 of the Schedule are taken to have been repealed.

                 (6)   If a provision of this Act has not commenced before 31 August 1995, the provision is taken to have been repealed on that day.

         The Schedule (Parts 3 and 6) are taken to have been repealed on 31 August 1995.

(c)     The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(d)     The Superannuation Benefits (Supervisory Mechanisms) Act 1990 was amended by Part 10 (sections 52 and 53) only of the Superannuation Industry (Supervision) Consequential Amendments Act 1993, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsection (2), this Act commences on 1 December 1993.

(e)     The Superannuation Legislation Amendment Act 1994 was amended by Schedule 3 (items 114 and 115) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

                 (3)   Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.

(f)      The Superannuation Benefits (Supervisory Mechanisms) Act 1990 was amended by Schedule 1 (items 890 and 891) only of the Public Employment (Consequential and Transitional Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.

(g)     The Superannuation Benefits (Supervisory Mechanisms) Act 1990 was amended by Schedule 3 (item 496) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:

                 (3)   Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001 commences.


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed    rs. = repealed and substituted

Provision affected

How affected

S. 3......................................

am. No. 86, 1994; No. 146, 1999; No. 81, 2005

S. 4A...................................

ad. No. 86, 1994

S. 5......................................

am. No. 86, 1994 (as am. by No. 43, 1996)

S. 6......................................

am. No. 130, 1991

 

rs. No. 86, 1994

 

am. No. 146, 1999; No. 55, 2001; No. 81, 2005

S. 7......................................

am. No. 86, 1994

S. 8......................................

am. No. 81, 2005

S. 9......................................

am. No. 86, 1994 (as am. by No. 43, 1996)