Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the law relating to superannuation, and for related purposes
Administered by: Finance
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 17 Mar 2008
Introduced Senate 13 Mar 2008

2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Bill 2008

 

No.      , 2008

 

(Finance and Deregulation)

 

 

 

A Bill for an Act to amend the law relating to superannuation, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

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

3............ Schedule(s).......................................................................................... 2

Schedule 1—Main amendments                                                                                     3

Administrative Appeals Tribunal Act 1975                                                            3

Auditor‑General Act 1997                                                                                         5

Australian Crime Commission Act 2002                                                                 6

Australian Federal Police Act 1979                                                                        8

Australian Film Commission Act 1975                                                                    9

Australian Prudential Regulation Authority Act 1998                                      10

Australian Radiation Protection and Nuclear Safety Act 1998                       11

Australian Securities and Investments Commission Act 2001                          11

Building and Construction Industry Improvement Act 2005                            12

Classification (Publications, Films and Computer Games) Act 1995            13

Crimes (Superannuation Benefits) Act 1989                                                       15

Defence Force Retirement and Death Benefits Act 1973                                   16

Director of Public Prosecutions Act 1983                                                            16

Family Law Act 1975                                                                                                17

Federal Court of Australia Act 1976                                                                     18

Gene Technology Act 2000                                                                                      19

Inspector‑General of Taxation Act 2003                                                               20

Intelligence Services Act 2001                                                                                21

Law Officers Act 1964                                                                                               21

National Blood Authority Act 2003                                                                       22

Native Title Act 1993                                                                                                22

Ombudsman Act 1976                                                                                               25

Parliamentary Contributory Superannuation Act 1948                                   26

Productivity Commission Act 1998                                                                        26

Renewable Energy (Electricity) Act 2000                                                            27

Social Security (Administration) Act 1999                                                          28

Superannuation (Consequential Amendments) Act 2005                                 29

Veterans’ Entitlements Act 1986                                                                            30

Workplace Relations Act 1996                                                                               31

Schedule 2—Technical amendments relating to legislative instruments 33

Parliamentary Contributory Superannuation Act 1948                                   33

Superannuation Act 1922                                                                                        33

Superannuation Act 1976                                                                                        33

Superannuation Act 1990                                                                                        37

Superannuation (Productivity Benefit) Act 1988                                               37

Schedule 3—Repeal of Schedule to the Superannuation Act 1990          39

Superannuation Act 1990                                                                                        39

Schedule 4—Amendments relating to the Superannuation Guarantee (Administration) Act 1992              40

Superannuation Act 1976                                                                                        40

Superannuation (Productivity Benefit) Act 1988                                               40

 


A Bill for an Act to amend the law relating to superannuation, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1, items 1 to 28

The day on which this Act receives the Royal Assent.

 

3.  Schedule 1, items 29 to 31

The day on which this Act receives the Royal Assent.

However, if Schedule 1 to the Screen Australia and the National Film and Sound Archive (Consequential and Transitional Provisions) Act 2008 commences on or before the day on which this Act receives the Royal Assent, the provision(s) do not commence at all.

 

4.  Schedule 1, items 32 to 140

The day on which this Act receives the Royal Assent.

 

5.  Schedules 2 and 3

The day on which this Act receives the Royal Assent.

 

6.  Schedule 4, items 1 and 2

The day on which this Act receives the Royal Assent.

 

7.  Schedule 4, items 3 to 7

1 July 2008.

1 July 2008

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Main amendments

  

Administrative Appeals Tribunal Act 1975

1  After paragraph 13(9)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

2  Subsection 13(12)

Repeal the subsection, substitute:

CSS

           (12)  In spite of anything contained in this section, a member who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

3  Subsection 13(13)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

4  At the end of section 13

Add:

PSSAP

           (14)  In spite of anything contained in this section, a member who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

5  After paragraph 24K(3)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

6  Subsection 24K(4)

Repeal the subsection, substitute:

             (4)  In spite of anything contained in this section, a Registrar who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

7  Subsection 24K(5)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

8  At the end of section 24K

Add:

             (6)  In spite of anything contained in this section, a Registrar who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Auditor‑General Act 1997

9  After paragraph 6(3)(b) of Schedule 1

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

10  Paragraph 6(4)(b) of Schedule 1

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1976) gives a certificate under section 54C of that Act.

11  Paragraph 6(5)(b) of Schedule 1

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1990) gives a certificate under section 13 of that Act.

12  At the end of clause 6 of Schedule 1

Add:

             (6)  For the purposes of the Superannuation Act 2005, the Auditor‑General is taken to have been retired from office on the ground of invalidity if:

                     (a)  the Auditor‑General is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the Board (within the meaning of the Superannuation Act 2005) gives an approval and certificate under section 43 of that Act.

13  After paragraph 5(3)(b) of Schedule 2

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

14  Paragraph 5(4)(b) of Schedule 2

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1976) gives a certificate under section 54C of that Act.

15  Paragraph 5(5)(b) of Schedule 2

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1990) gives a certificate under section 13 of that Act.

16  At the end of clause 5 of Schedule 2

Add:

             (6)  For the purposes of the Superannuation Act 2005, the Independent Auditor is taken to have been retired from office on the ground of invalidity if:

                     (a)  the Independent Auditor is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the Board (within the meaning of the Superannuation Act 2005) gives an approval and certificate under section 43 of that Act.

Australian Crime Commission Act 2002

17  Subsection 44(4)

Repeal the subsection, substitute:

Invalidity

             (4)  In spite of anything contained in this section, if the CEO:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

then he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

18  Subsection 44(5)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

19  At the end of section 44

Add:

             (6)  In spite of anything contained in this section, if the CEO:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

then he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

20  Subsection 46H(3)

Repeal the subsection, substitute:

Invalidity

             (3)  In spite of anything contained in this section, an examiner who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

21  Subsection 46H(4)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

22  At the end of section 46H

Add:

             (5)  In spite of anything contained in this section, an examiner who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Australian Federal Police Act 1979

23  Subsection 32(3)

Omit “and the Superannuation Act,”, substitute “, the Superannuation Act and the Superannuation Act 2005,”.

24  Subsection 32(4)

Repeal the subsection, substitute:

AFP employee is an eligible employee under the Superannuation Act 1976

             (4)  In spite of this section, an AFP employee who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

is not capable of being retired on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

25  Subsection 32(5)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

26  At the end of section 32

Add:

AFP employee is an ordinary employer‑sponsored member under the Superannuation Act 2005

             (6)  In spite of this section, an AFP employee who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

27  Section 41 (subparagraph (a)(i) of the definition of superannuation authority)

Omit “Commonwealth Superannuation Board of Trustees No. 2 is responsible—that Board”, substitute “Board (within the meaning of that Act) is responsible—the Board”.

28  Section 41 (paragraph (ab) of the definition of superannuation authority)

Omit “Commonwealth Superannuation Board of Trustees No. 1”, substitute “Board (within the meaning of that Act)”.

Australian Film Commission Act 1975

29  Subsection 28H(3)

Repeal the subsection, substitute:

Invalidity

             (3)  In spite of anything contained in this section, if the CEO:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

then he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

30  Subsection 28H(4)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

31  At the end of section 28H

Add:

             (5)  In spite of anything contained in this section, if the CEO:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

then he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Australian Prudential Regulation Authority Act 1998

32  Subsection 25(3)

Repeal the subsection, substitute:

             (3)  In spite of anything contained in this section, if an APRA member:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

then he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

33  Subsection 25(4)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

34  At the end of section 25

Add:

             (5)  In spite of anything contained in this section, if an APRA member:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

then he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Australian Radiation Protection and Nuclear Safety Act 1998

35  After paragraph 51(3)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

36  Paragraph 51(4)(b)

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1976) gives a certificate under section 54C of that Act.

37  Paragraph 51(5)(b)

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1990) gives a certificate under section 13 of that Act.

38  At the end of section 51

Add:

             (6)  For the purposes of the Superannuation Act 2005, the CEO is taken to have been retired from office on the ground of invalidity if:

                     (a)  the CEO is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the Board (within the meaning of the Superannuation Act 2005) gives an approval and certificate under section 43 of that Act.

Australian Securities and Investments Commission Act 2001

39  After paragraph 111(2)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

40  Subsection 111(3)

Repeal the subsection, substitute:

             (3)  In spite of anything contained in this section, a member who:

                     (a)  is an eligible employee; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of the Superannuation Act 1976);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

41  Subsection 111(4)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

42  At the end of section 111

Add:

             (5)  In spite of anything contained in this section, a member who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Building and Construction Industry Improvement Act 2005

43  Subsection 24(2)

Omit “and (4)”, substitute “, (4) and (5)”.

44  Subsection 24(3)

Repeal the subsection, substitute:

             (3)  If a Commissioner:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

45  Subsection 24(4)

Omit “PSS Board”, substitute “Board (within the meaning of that Act)”.

46  At the end of section 24

Add:

             (5)  If a Commissioner:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Classification (Publications, Films and Computer Games) Act 1995

47  After paragraph 65(3)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

48  Subsection 65(4)

Repeal the subsection, substitute:

             (4)  In spite of anything in this Act, a member who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her retiring age (within the meaning of that Act);

cannot be retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

49  Subsection 65(5)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

50  After subsection 65(5)

Insert:

          (5A)  In spite of anything in this Act, a member who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60;

cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

51  After paragraph 83(3)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

52  Subsection 83(4)

Repeal the subsection, substitute:

             (4)  In spite of anything in this Act, a member of the Review Board who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her retiring age (within the meaning of that Act);

cannot be retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

53  Subsection 83(5)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

54  At the end of section 83

Add:

             (6)  In spite of anything in this Act, a member of the Review Board who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60;

cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Crimes (Superannuation Benefits) Act 1989

55  Subsection 2(1) (subparagraph (a)(i) of the definition of superannuation authority)

Omit “Commonwealth Superannuation Board of Trustees No. 2 is responsible—that Board”, substitute “Board (within the meaning of that Act) is responsible—the Board”.

56  Subsection 2(1) (paragraph (ab) of the definition of superannuation authority)

Omit “Commonwealth Superannuation Board of Trustees No. 1”, substitute “Board (within the meaning of that Act)”.

Defence Force Retirement and Death Benefits Act 1973

57  Subsection 3(1) (definition of Board)

Repeal the definition, substitute:

Board has the same meaning as in the Superannuation Act 1990.

Director of Public Prosecutions Act 1983

58  Subsection 23(3)

Repeal the subsection, substitute:

             (3)  In spite of anything contained in this section, if the Director or Associate Director:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

59  Subsection 23(4)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

60  At the end of section 23

Add:

             (5)  In spite of anything contained in this section, if the Director or Associate Director:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Family Law Act 1975

61  After paragraph 38K(3)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

62  Subsection 38K(4)

Repeal the subsection, substitute:

             (4)  In spite of anything contained in this section, if the Chief Executive Officer:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

63  Subsection 38K(5)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

64  At the end of section 38K

Add:

             (6)  In spite of anything contained in this section, if the Chief Executive Officer:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Federal Court of Australia Act 1976

65  After paragraph 18K(3)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

66  Subsection 18K(4)

Repeal the subsection, substitute:

             (4)  In spite of anything contained in this section, if the Registrar:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

67  Subsection 18K(5)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

68  At the end of section 18K

Add:

             (6)  In spite of anything contained in this section, if the Registrar:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

69  After paragraph 37I(2)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

70  Subsection 37I(3)

Repeal the subsection, substitute:

             (3)  In spite of anything contained in this Act, an assessor who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

71  Subsection 37I(4)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

72  At the end of section 37I

Add:

             (5)  In spite of anything contained in this Act, an assessor who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Gene Technology Act 2000

73  After paragraph 119(4)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

74  Paragraph 119(5)(b)

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1976) gives a certificate under section 54C of that Act.

75  Paragraph 119(6)(b)

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1990) gives a certificate under section 13 of that Act.

76  At the end of section 119

Add:

             (7)  For the purposes of the Superannuation Act 2005, the Regulator is taken to have been retired from office on the grounds of invalidity if:

                     (a)  the Regulator is removed or retired from office on the grounds of physical or mental incapacity; and

                     (b)  the Board (within the meaning of the Superannuation Act 2005) gives an approval and certificate under section 43 of that Act.

Inspector‑General of Taxation Act 2003

77  Subsection 35(2)

Omit “and (4)”, substitute “, (4) and (5)”.

78  Subsection 35(3)

Repeal the subsection, substitute:

             (3)  If the Inspector‑General:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

79  Subsection 35(4)

Omit “PSS Board”, substitute “Board (within the meaning of that Act)”.

80  At the end of section 35

Add:

             (5)  If the Inspector‑General:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Intelligence Services Act 2001

81  At the end of subsection 23(3)

Add:

               ; or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005.

Law Officers Act 1964

82  Subparagraph 14(1)(a)(ii)

Omit “1990; and”, substitute “1990; or”.

83  At the end of paragraph 14(1)(a)

Add:

                            (iii)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

84  At the end of subsection 14(2)

Add:

               ; or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005.

85  After subparagraph 14(2B)(b)(ii)

Insert:

                        or (iii)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

National Blood Authority Act 2003

86  After paragraph 35(3)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

87  Paragraph 35(4)(b)

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1976) gives a certificate under section 54C of that Act.

88  Paragraph 35(5)(b)

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1990) gives a certificate under section 13 of that Act.

89  At the end of section 35

Add:

             (6)  For the purposes of the Superannuation Act 2005, the General Manager is taken to have been retired from office on the grounds of invalidity if:

                     (a)  the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and

                     (b)  the Board (within the meaning of the Superannuation Act 2005) gives an approval and certificate under section 43 of that Act.

Native Title Act 1993

90  After paragraph 104(3)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

91  Subsection 104(4)

Repeal the subsection, substitute:

Retirement—invalidity—Superannuation Act 1976

             (4)  In spite of anything contained in this Act, a Registrar who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

92  Subsection 104(5)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

93  At the end of section 104

Add:

Retirement—invalidity—Superannuation Act 2005

             (6)  In spite of anything contained in this Act, a Registrar who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

94  After paragraph 119(3)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

95  Subsection 119(4)

Repeal the subsection, substitute:

Retirement—invalidity—Superannuation Act 1976

             (4)  In spite of anything contained in this Act, a member who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

96  Subsection 119(5)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

97  At the end of section 119

Add:

Retirement—invalidity—Superannuation Act 2005

             (6)  In spite of anything contained in this Act, a member who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Ombudsman Act 1976

98  At the end of section 28A

Add:

             (5)  If an Ombudsman is removed from office under section 28 of this Act following his or her suspension from office on the ground of physical or mental incapacity, then, for the purposes of the Superannuation Act 2005, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act.

             (6)  In spite of subsection (5), section 43 of the Superannuation Act 2005 applies in relation to the Ombudsman.

99  Subsection 28B(1)

Repeal the subsection, substitute:

             (1)  In spite of anything contained in sections 27 and 28, an Ombudsman who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

100  Subsection 28B(2)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

101  At the end of section 28B

Add:

             (3)  In spite of anything contained in sections 27 and 28, an Ombudsman who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Parliamentary Contributory Superannuation Act 1948

102  Subparagraphs 16A(1)(b)(ii) and (d)(ii)

Omit “Commonwealth Superannuation Board of Trustees No. 1”, substitute “Board (within the meaning of that Act)”.

103  Sub‑subparagraph 16A(1)(e)(iv)(B)

Omit “Commonwealth Superannuation Board of Trustees No. 1”, substitute “Board (within the meaning of that Act)”.

104  Subparagraph 22Q(5)(d)(ii)

Omit “Commonwealth Superannuation Board of Trustees No. 1”, substitute “Board (within the meaning of that Act)”.

Productivity Commission Act 1998

105  At the end of section 36

Add:

             (5)  If a member:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is removed from office under section 35 on the ground of physical or mental incapacity;

for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.

             (6)  In spite of subsection (5), section 43 of the Superannuation Act 2005 applies in relation to the member.

106  Subsection 37(1)

Repeal the subsection, substitute:

             (1)  In spite of anything contained in sections 34 and 35, a member who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

107  Subsection 37(2)

Omit “within the meaning of that Act unless the PSS Board”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

108  At the end of section 37

Add:

             (3)  In spite of anything contained in sections 34 and 35, a member who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Renewable Energy (Electricity) Act 2000

109  After paragraph 147(4)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

110  Paragraph 147(5)(b)

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1976) gives a certificate under section 54C of that Act.

111  Paragraph 147(6)(b)

Repeal the paragraph, substitute:

                     (b)  the Board (within the meaning of the Superannuation Act 1990) gives a certificate under section 13 of that Act.

112  At the end of section 147

Add:

             (7)  For the purposes of the Superannuation Act 2005, the Regulator is taken to have been retired from office on the ground of invalidity if:

                     (a)  the Regulator is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the Board (within the meaning of the Superannuation Act 2005) gives an approval and certificate under section 43 of that Act.

Social Security (Administration) Act 1999

113  After paragraph 17(6)(b) of Schedule 3

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

114  Subclause 17(9) of Schedule 3

Repeal the subclause, substitute:

             (9)  In spite of anything in this clause, a member (including the Executive Director) who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

115  Subclause 17(10) of Schedule 3

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

116  At the end of clause 17 of Schedule 3

Add:

           (11)  In spite of anything in this clause, a member (including the Executive Director) who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Superannuation (Consequential Amendments) Act 2005

117  Subitem 3(1) of Schedule 7

Omit “PSS Board”, substitute “Board”.

118  Paragraph 3(2)(a) of Schedule 7

Omit “PSS Board”, substitute “Board”.

119  Subitem 3(2) of Schedule 7 (note)

Omit “PSS Board”, substitute “Board”.

120  Subitems 3(3), (4) and (5) of Schedule 7

Omit “PSS Board”, substitute “Board”.

121  At the end of item 3 of Schedule 7

Add:

(8)        In this item:

Board has the same meaning as in the Superannuation Act 1990.

Veterans’ Entitlements Act 1986

122  After paragraph 164(6)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

123  Subsection 164(8)

Repeal the subsection, substitute:

             (8)  In spite of anything contained in this section, a member who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

124  Subsection 164(9)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

125  At the end of section 164

Add:

           (10)  In spite of anything contained in this section, a member who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

126  After paragraph 188(7)(b)

Insert:

                 or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

127  Subsection 188(9)

Repeal the subsection, substitute:

             (9)  In spite of anything contained in this section, a commissioner who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her maximum retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

128  Subsection 188(10)

Omit “within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1”, substitute “(within the meaning of that Act) unless the Board (within the meaning of that Act)”.

129  At the end of section 188

Add:

           (11)  In spite of anything contained in this section, a commissioner who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

Workplace Relations Act 1996

130  Subsection 35(3)

Omit “CSS Board”, substitute “Board (within the meaning of that Act)”.

131  Subsection 35(4)

Omit “PSS Board”, substitute “Board (within the meaning of that Act)”.

132  Subsection 43(3)

Omit “CSS Board”, substitute “Board (within the meaning of that Act)”.

133  Subsection 43(4)

Omit “PSS Board”, substitute “Board (within the meaning of that Act)”.

134  Subsection 56(4)

Omit “CSS Board”, substitute “Board (within the meaning of that Act)”.

135  Subsection 56(5)

Omit “PSS Board”, substitute “Board (within the meaning of that Act)”.

136  Subparagraph 80(1)(a)(ii)

Omit “1990; and”, substitute “1990; or”.

137  At the end of paragraph 80(1)(a)

Add:

                            (iii)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

138  At the end of subsection 80(2)

Add:

               ; or (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005.

139  After subparagraph 80(4)(b)(ii)

Insert:

                        or (iii)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

140  Subsection 116(2) (paragraph (a) of the definition of relevant law)

Omit “or the Superannuation Act 1990”, substitute “, the Superannuation Act 1990 or the Superannuation Act 2005”.


 

Schedule 2Technical amendments relating to legislative instruments

  

Parliamentary Contributory Superannuation Act 1948

1  Subsection 22CK(1)

After “The Minister may”, insert “, by legislative instrument,”.

2  Subsections 22CK(2) and (3)

Repeal the subsections, substitute:

             (2)  Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to an Order made under subsection (1) of this section.

Superannuation Act 1922

3  Subsection 93DE(1)

After “The Minister may”, insert “, by legislative instrument,”.

4  Subsections 93DE(2) and (3)

Repeal the subsections, substitute:

             (2)  Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to an Order made under subsection (1) of this section.

Superannuation Act 1976

5  Subsection 3(1) (paragraph (a) of the definition of approved authority)

After “other body that is declared by the Minister”, insert “, by legislative instrument,”.

6  Subsection 3(1) (definition of disallowable instrument)

Repeal the definition.

7  Subsection 3(1) (paragraph (ec) of the definition of eligible employee)

After “declared by the Minister”, insert “, by legislative instrument,”.

8  Subsection 3(1) (paragraph (j) of the definition of eligible employee)

After “declared by the Minister”, insert “, by legislative instrument,”.

9  Subsection 3(1BD)

Repeal the subsection, substitute:

        (1BD)  Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to a declaration made for the purposes of paragraph (ec) or (j) of the definition of eligible employee in subsection (1) of this section.

10  Subsection 3(2A)

After “for the purposes of paragraph (b), may”, insert “, by legislative instrument,”.

11  Subsections 4A(1) and (2)

Repeal the subsections, substitute:

             (1)  Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to a declaration for the purposes of paragraph (a) or (b) of the definition of approved authority in subsection 3(1) of this Act.

12  Subsection 110C(2)

Omit “Minister”, substitute “Board”.

13  Section 110D

Repeal the section, substitute:

110D  Variation of Table

                   Before the commencement of a period, the Board, in accordance with a method of calculation notified to the Board by the Minister, may, by legislative instrument, declare that the Table in subsection 110C(1) is to have effect in relation to the period as if amounts specified in the declaration were substituted for amounts specified in the Table (whether sums of money or percentages).

14  Subsection 110E(1)

After “The Minister may”, insert “, by legislative instrument,”.

15  Subsection 110F(1)

After “The Minister may”, insert “, by legislative instrument,”.

16  Section 110G

Repeal the section, substitute:

110G  Legislative instruments disallowable

                   Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to a declaration made under section 110D, 110E or 110F of this Act.

17  Subsection 146MH(1)

After “The Minister may”, insert “, by legislative instrument,”.

18  Subsections 146MH(2) and (3)

Repeal the subsections, substitute:

             (2)  Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to an Order made under subsection (1) of this section.

19  Subsection 154A(2)

Repeal the subsection, substitute:

             (2)  A determination by the Board under subsection (1) or (1A) takes effect from:

                     (a)  a specified day; or

                     (b)  if no day is specified in the determination—the day of the making of the determination.

20  Application

The amendment made by item 19 of this Schedule applies to determinations made by the Board under subsection 154A(1) or (1A) of the Superannuation Act 1976 on or after the day on which this item commences.

21  Section 167AB

Omit “disallowable instrument”, substitute “legislative instrument”.

22  Subsection 238(1)

After “as is determined”, insert “, by legislative instrument,”.

23  Subsection 238(2)

Repeal the subsection, substitute:

             (2)  Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to a determination made under subsection (1) of this section.

24  Subsection 241(1)

After “such times as the Minister”, insert “, by legislative instrument,”.

25  Subsection 241(1)

After “as are determined”, insert “, by legislative instrument,”.

26  Subsection 241(3)

Repeal the subsection, substitute:

             (3)  Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to a determination made under subsection (1) of this section.

27  Subsection 242C(1)

After “such period as is determined by the Minister”, insert “, by legislative instrument,”.

28  Subsection 242C(4)

Repeal the subsection, substitute:

             (4)  Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to a determination made under subsection (1) of this section.

Superannuation Act 1990

29  Subsection 5A(2)

Omit “48(2) of the Acts Interpretation Act 1901”, substitute “12(2) of the Legislative Instruments Act 2003”.

30  Subsection 45(1)

Omit “Subject to subsection (2), each of the following instruments is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901”, substitute “Each of the following instruments is a legislative instrument”.

Note:       The heading to section 45 is altered by omitting “Disallowable” and substituting “Legislative”.

31  Subsection 45(2)

Repeal the subsection, substitute:

             (2)  Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to an instrument referred to in subsection (1).

32  Subsection 45(6)

Omit “48(2) of the Acts Interpretation Act 1901”, substitute “12(2) of the Legislative Instruments Act 2003”.

Superannuation (Productivity Benefit) Act 1988

33  Section 3D

After “The Minister may,”, insert “by legislative instrument,”.

34  Subsection 3E(1)

After “declare”, insert “, by legislative instrument”.

35  Subsections 3F(1) and (2)

After “The Minister may”, insert “, by legislative instrument,”.

36  Subsections 4A(1) and (2)

After “The Minister may”, insert “, by legislative instrument,”.

37  Subsections 4G(1) and (2)

After “by the Minister”, insert “by legislative instrument”.

38  Section 9B

Repeal the section, substitute:

9B  Legislative instruments disallowable

                   Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to a declaration, or determination, under this Act that is a legislative instrument.


 

Schedule 3Repeal of Schedule to the Superannuation Act 1990

  

Superannuation Act 1990

1  Subsection 4(1)

Omit “(1)”.

2  Subsection 4(2)

Repeal the subsection.

3  The Schedule

Repeal the Schedule.


 

Schedule 4Amendments relating to the Superannuation Guarantee (Administration) Act 1992

  

Superannuation Act 1976

1  Subsection 155C(1)

Repeal the subsection, substitute:

             (1)  The regulations may make such provision as is necessary for the purpose of:

                     (a)  enabling:

                              (i)  the Fund; and

                             (ii)  any other scheme or arrangement established by or under this Act that provides for the payment of benefits;

                            to satisfy any condition or requirement specified in or under an eligible regulatory law that is capable of applying in relation to the Fund, or the scheme or arrangement, as the case may be; or

                     (b)  ensuring that an employer does not have an individual superannuation guarantee shortfall (within the meaning of the Superannuation Guarantee (Administration) Act 1992) in relation to a person in respect of the period, or any part of the period, during which the person is an eligible employee.

2  Transitional—regulations

Regulations made for the purposes of subsection 155C(1) of the Superannuation Act 1976 that are in force immediately before this item commences are taken to have been made for the purposes of paragraph 155C(1)(a) of that Act as in force immediately after that time.

Superannuation (Productivity Benefit) Act 1988

3  Subsection 3(1)

Insert:

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.

4  After paragraph 4F(1)(a)

Insert:

                    (aa)  in respect of the employee in respect of each quarter occurring while the employee is a member of the fund—any contribution that is required to ensure (after taking into account the total contributions paid, under paragraph (a), in respect of the employee and the quarter) that the employer does not have an individual superannuation guarantee shortfall (within the meaning of the Superannuation Guarantee (Administration) Act 1992) for the employee for the quarter; and

Note:       The heading to section 4F is altered by omitting “continuing”.

5  Paragraph 4F(1)(b)

Omit “contribution is not paid on”, substitute “contribution under paragraph (a) or (aa) is not paid on or before”.

6  Subsection 4F(2)

Repeal the subsection, substitute:

             (2)  A contribution under paragraph (1)(a) or (aa) in respect of a fund employee payable to a fund is payable:

                     (a)  where there are arrangements between the employer and the trustees of the fund fixing a day for payment—on that day; or

                     (b)  in any other case:

                              (i)  for a continuing contribution made under paragraph (1)(a) for a pay period—on the day on which salary for that pay period is payable; or

                             (ii)  for a contribution made under paragraph (1)(aa) for a quarter—by the end of the period of 28 days after the end of the quarter.

7  Subsection 8A(2) (definition of Notional contributions)

Repeal the definition, substitute:

Notional contributions means the sum of what would have been the contributions made under paragraphs 4F(1)(a) and (aa) for the employee in respect of the employee’s pay periods and quarters in the year if he or she had been a fund employee in the year.