Federal Register of Legislation - Australian Government

Primary content

Australian Defence Force Superannuation Act 2015

Authoritative Version
Act No. 119 of 2015 as amended, taking into account amendments up to Defence Legislation Amendment (Miscellaneous Measures) Act 2020
An Act relating to the Australian Defence Force Superannuation Scheme, and for related purposes
Administered by: Defence
Registered 15 Jun 2020
Start Date 26 May 2020

Commonwealth Coat of Arms of Australia

Australian Defence Force Superannuation Act 2015

No. 119, 2015

Compilation No. 3

Compilation date:                              26 May 2020

Includes amendments up to:            Act No. 45, 2020

Registered:                                         15 June 2020

 

About this compilation

This compilation

This is a compilation of the Australian Defence Force Superannuation Act 2015 that shows the text of the law as amended and in force on 26 May 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

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

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

3............ Simplified outline................................................................................ 1

4............ Definitions.......................................................................................... 2

5............ Application of Act............................................................................... 4

Part 2—The Trust Deed                                                                                                    5

6............ Simplified outline of this Part.............................................................. 5

7............ Trust Deed to establish the Australian Defence Force Superannuation Scheme       5

8............ Amendment of the Trust Deed............................................................ 6

9............ Family law interest splitting................................................................ 7

Part 3—Members of the Australian Defence Force Superannuation Scheme (ADF Super)      8

10.......... Simplified outline of this Part.............................................................. 8

11.......... Eligibility for membership of ADF Super........................................... 9

12.......... Becoming an ADF Super member...................................................... 9

13.......... Continuous full‑time Reservists whose undertakings span 30 June 2016                10

14.......... Duration of membership of ADF Super........................................... 11

15.......... ADF Super is the sole eligible choice fund in relation to certain members               12

16.......... Contributions to ADF Super by the Department............................... 12

Part 4—Administration                                                                                                    13

Division 1—Simplified outline of this Part                                                       13

17.......... Simplified outline of this Part............................................................ 13

Division 2—Functions and powers of CSC                                                     14

18.......... Functions and powers of CSC.......................................................... 14

Division 3—Costs of administration                                                                   15

19.......... Costs of administration of Act etc..................................................... 15

20.......... Payment of fees................................................................................. 15

Division 4—Other administrative matters                                                      16

21.......... Amounts payable to CSC.................................................................. 16

22.......... Recovery of overpayments................................................................ 16

23.......... CSC may rely on information supplied by the Department............... 17

24.......... CSC may require the Department to distribute information etc. to members of ADF Super    17

Part 5—Miscellaneous                                                                                                       18

25.......... Simplified outline of this Part............................................................ 18

26.......... Persons subject to the Trust Deed..................................................... 18

27.......... Termination and variation of rights by later legislation...................... 18

28.......... Rules................................................................................................. 19

29.......... Rules relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws       20

Endnotes                                                                                                                                    21

Endnote 1—About the endnotes                                                                            21

Endnote 2—Abbreviation key                                                                                23

Endnote 3—Legislation history                                                                             24

Endnote 4—Amendment history                                                                           25

Endnote 5—Editorial changes                                                                               26


An Act relating to the Australian Defence Force Superannuation Scheme, and for related purposes

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Australian Defence Force Superannuation Act 2015.

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

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day this Act receives the Royal Assent.

10 September 2015

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Simplified outline

This Act provides for a superannuation scheme, to be known as the Australian Defence Force Superannuation Scheme (ADF Super).

Generally, a person is eligible to become an ADF Super member if he or she is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016. After that day, DFRDB and MSBS are closed to persons who commence with the Defence Force.

In some cases, a person who is eligible to become an ADF Super member becomes a member if he or she chooses to become a member. In other cases, a person automatically becomes an ADF Super member.

A person’s membership of ADF Super continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.

The Department must pay contributions to ADF Super for the benefit of certain ADF Super members. Contributions may also be made by employers of ADF Super members who are former long‑term ADF members, and by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.

CSC is responsible for ADF Super.

4  Definitions

                   In this Act:

account‑based pension has the same meaning as in the Superannuation Industry (Supervision) Regulations 1994.

ADF means the Australian Defence Force.

ADF Super: see Australian Defence Force Superannuation Scheme.

ADF Super Fund means the fund established, and vested in CSC, by the Trust Deed.

ADF Super member means a person who is an ADF Super member in accordance with section 12.

Australian Defence Force Superannuation Scheme or ADF Super means the superannuation scheme established by the Trust Deed.

continuous full‑time Reservist means a member of the Reserves:

                     (a)  whose undertaking to render defence service of a continuous nature for a specified period has been accepted under subsection 26(2) of the Defence Act 1903; and

                     (b)  who is rendering that continuous service in accordance with the undertaking.

CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.

defence service has the meaning given for a declared member by section 6 of the Military Rehabilitation and Compensation Act 2004.

DFRDB (short for Defence Force Retirement and Death Benefits) means the scheme established by the Defence Force Retirement and Death Benefits Act 1973.

employer has the same meaning as in the SIS Act.

former long‑term ADF member: a person is a former long‑term ADF member if:

                     (a)  for a continuous period of at least 12 months, the person was any of the following:

                              (i)  a member of the Permanent Forces;

                             (ii)  a continuous full‑time Reservist; and

                     (b)  at a particular time (whether before, on or after the commencement of this definition), the person ceased to be any of the following:

                              (i)  a member of the Permanent Forces;

                             (ii)  a continuous full‑time Reservist; and

                     (c)  at that time, the person was an ADF Super member; and

                     (d)  at all times since that time, the person:

                              (i)  has continued to be an ADF Super member; and

                             (ii)  has not been either a member of the Permanent Forces or a continuous full‑time Reservist.

member spouse has the meaning given by section 9.

MSBS (short for Military Superannuation and Benefits Scheme) has the same meaning as Scheme has in the Military Superannuation and Benefits Act 1991.

non‑member spouse has the meaning given by section 9.

Permanent Forces has the same meaning as in the Defence Act 1903.

preserved employer benefit means a preserved amount that includes an amount of employer benefit (within the meaning of the Rules made for the administration of MSBS).

Reserves has the same meaning as in the Defence Act 1903.

rules means rules made under section 28.

splitting agreement has the meaning given by section 9.

splitting order has the meaning given by section 9.

superannuation interest has the meaning given by section 9.

this Act includes the rules (except in subsection 29(2)).

Trust Deed means:

                     (a)  the deed referred to in section 7; or

                     (b)  if the deed is amended—the deed as so amended.

5  Application of Act

                   This Act applies both within and outside Australia.

Part 2The Trust Deed

  

6  Simplified outline of this Part

The Australian Defence Force Superannuation Scheme (known as ADF Super) is established by a deed made under this Part. The deed also establishes the ADF Super Fund (into which contributions and other money are paid). The deed is a legislative instrument.

The deed sets out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund.

Generally, CSC must consent to any amendment of the deed.

7  Trust Deed to establish the Australian Defence Force Superannuation Scheme

             (1)  Before 1 July 2016, the Minister must, for and on behalf of the Commonwealth, by deed:

                     (a)  establish a superannuation scheme that:

                              (i)  is to be known as the Australian Defence Force Superannuation Scheme; and

                             (ii)  may also be known as ADF Super; and

                            (iii)  is for the benefit of persons who will be members of ADF Super; and

                     (b)  establish, and vest in CSC, a fund for the purposes of ADF Super; and

                     (c)  set out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund; and

                     (d)  make rules for the administration of ADF Super.

             (2)  The deed is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.

8  Amendment of the Trust Deed

             (1)  The Minister may, by writing, amend the Trust Deed.

Limitations on amending the Trust Deed

             (2)  The Trust Deed must not be amended unless:

                     (a)  CSC has consented to the amendment; or

                     (b)  the amendment:

                              (i)  relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or

                             (ii)  relates solely to the termination of the ADF Super Fund; or

                            (iii)  is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.

Note:          This subsection does not apply in relation to an amendment of the Trust Deed for the purposes of subsection 19(1) (costs of administration of Act etc.) (see subsection 19(2)).

             (3)  A provision of the Trust Deed that is amended under subsection (1) is invalid if the provision would have the effect that ADF Super:

                     (a)  would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or

                     (b)  would not comply with that Act.

Instrument making amendment is a legislative instrument

             (4)  An instrument under subsection (1) is a legislative instrument.

             (5)  Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.

9  Family law interest splitting

             (1)  Without limiting section 7 or 8, the Trust Deed:

                     (a)  may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:

                              (i)  the non‑member spouse is entitled to benefits determined in accordance with the Trust Deed; and

                             (ii)  the benefits of the member spouse are reduced in accordance with the Trust Deed; and

                     (b)  may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).

             (2)  In this Act:

member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.

non‑member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.

splitting agreement means:

                     (a)  a superannuation agreement (within the meaning of Part VIIIB of the Family Law Act 1975); or

                     (b)  a flag lifting agreement (within the meaning of Part VIIIB of the Family Law Act 1975) that provides for a payment split (within the meaning of Part VIIIB of the Family Law Act 1975).

splitting order has the same meaning as in Part VIIIB of the Family Law Act 1975.

superannuation interest has the same meaning as in Part VIIIB of the Family Law Act 1975.

Part 3Members of the Australian Defence Force Superannuation Scheme (ADF Super)

  

10  Simplified outline of this Part

Generally, a person is eligible to become an ADF Super member if the person is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016.

Some persons must make an election in order to become an ADF Super member.

Other persons automatically become members of ADF Super. These persons can later make an election in accordance with Part 3A of the Superannuation Guarantee (Administration) Act 1992 and choose another superannuation fund.

A person who has never previously been a member of the Defence Force and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.

A person who is already a member of MSBS must elect to become an ADF Super member. Otherwise, he or she remains a member of MSBS. (A person may have become a member of MSBS by becoming a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016, or, for those who have a preserved employer benefit, after that day.)

A former member of MSBS, who does not have a preserved employer benefit, and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.

A contributing member of DFRDB who became a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016 is not eligible to become an ADF Super member. However, if a member of DFRDB leaves the Defence Force and, on or after 1 July 2016, again becomes a member of the Permanent Forces or a continuous full‑time Reservist, he or she automatically becomes an ADF Super member.

11  Eligibility for membership of ADF Super

             (1)  A person is eligible to become an ADF Super member if:

                     (a)  the person is:

                              (i)  a member of the Permanent Forces; or

                             (ii)  a continuous full‑time Reservist; or

                     (b)  the person is a former member of MSBS (within the meaning of the Rules made for the administration of MSBS) or a former contributing member of DFRDB (within the meaning of the Defence Force Retirement and Death Benefits Act 1973) to whom an account‑based pension may, if the person were an ADF Super member, be provided in accordance with the Trust Deed.

             (2)  However, a person is not eligible to become an ADF Super member if the person is a contributing member (within the meaning of the Defence Force Retirement and Death Benefits Act 1973).

             (3)  A person is not eligible to become an ADF Super member before 1 July 2016.

12  Becoming an ADF Super member

             (1)  This section sets out the 2 situations in which a person can become an ADF Super member.

Choice to become a member

             (2)  A person who is eligible to become an ADF Super member may, in a manner approved by CSC in writing under this subsection, choose to become an ADF Super member.

             (3)  The person becomes an ADF Super member when the choice is made.

Note:          A person who is a member of MSBS, who chooses to become an ADF Super member, cannot later again become an MSBS member (see subsection 7(3) of the Military Superannuation and Benefits Act 1991).

ADF Super is the person’s mandated fund

             (4)  A person becomes an ADF Super member at a particular time if:

                     (a)  the person is eligible to be an ADF Super member because the person becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016; and

                     (b)  the person does not have a preserved employer benefit in MSBS; and

                     (c)  there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992).

Note 1:       See also section 15 (ADF Super is the sole eligible choice fund in relation to certain members).

Note 2:       For a continuous full‑time Reservist whose undertaking spans 30 June 2016, see section 13.

13  Continuous full‑time Reservists whose undertakings span 30 June 2016

                   For the purposes of paragraph 12(4)(a), if:

                     (a)  a person is an eligible member of the Defence Force (within the meaning of the Defence Force Retirement and Death Benefits Act 1973); and

                     (b)  the person becomes a continuous full‑time Reservist as a result of an undertaking that is accepted before 1 July 2016; and

                     (c)  the period of the undertaking is extended on or after that day;

then, in relation to service on or after that day, the person is taken to have become a continuous full‑time Reservist on the day that period is extended.

14  Duration of membership of ADF Super

             (1)  A person ceases to be an ADF Super member at the following time:

                     (a)  if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Trust Deed:

                              (i)  the time the benefit is paid; or

                             (ii)  if the person dies before that benefit is paid—the time the person dies;

                     (b)  if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Trust Deed:

                              (i)  the time the last of those benefits is paid; or

                             (ii)  if the person dies before the last of those benefits is paid—the time the person dies;

                     (c)  in any other case—the time the person dies.

             (2)  A person does not cease to be an ADF Super member merely because the person ceases to be eligible to become an ADF Super member.

             (3)  This section does not prevent a person who ceases to be an ADF Super member from later becoming an ADF Super member.

15  ADF Super is the sole eligible choice fund in relation to certain members

                   ADF Super is, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to a person, the sole eligible choice fund for the Commonwealth if:

                     (a)  either:

                              (i)  the person is eligible to become an ADF Super member; or

                             (ii)  the person is an ADF Super member; and

                     (b)  the person is a member of the Permanent Forces or a continuous full‑time Reservist.

16  Contributions to ADF Super by the Department

             (1)  The Department must pay to CSC, for the benefit of each ADF Super member, any contributions that are payable by the Department.

Note:          See also section 21 (amounts payable to CSC).

             (2)  The payments must be in accordance with this Act, the Trust Deed and the Defence Act 1903.

             (3)  This section does not prevent contributions from being made by employers of ADF Super members who are former long‑term ADF members, or by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.

Part 4Administration

Division 1Simplified outline of this Part

17  Simplified outline of this Part

The functions and powers of CSC are set out in this Part and the Trust Deed. This Part also deals with costs, fees and information.

Division 2Functions and powers of CSC

18  Functions and powers of CSC

             (1)  The functions and powers of CSC in relation to ADF Super and the ADF Super Fund are those set out in the Trust Deed.

             (2)  CSC is also responsible for the general administration of this Act.

Note:          For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.

Division 3Costs of administration

19  Costs of administration of Act etc.

             (1)  The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:

                     (a)  the management of the ADF Super Fund by CSC; and

                     (b)  the investment of money from the ADF Super Fund;

are to be paid by CSC out of the ADF Super Fund in accordance with the Trust Deed.

             (2)  Subsection 8(2) (limitations on amending the Trust Deed) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.

20  Payment of fees

             (1)  The rules may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the rules or the Trust Deed, the person is liable to pay a fee to CSC.

             (2)  Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.

             (3)  The rules may make provision for and in relation to the refund of any fees paid under subsection (1).

Division 4Other administrative matters

21  Amounts payable to CSC

             (1)  Any amount (including an amount of contributions) that is payable to CSC under this Act or the Trust Deed may be recovered by CSC in a court of competent jurisdiction as a debt.

             (2)  If:

                     (a)  an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Trust Deed; and

                     (b)  the amount remains unpaid after the day on which payment was due;

the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.

             (3)  A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.

22  Recovery of overpayments

                   If, for any reason (including the making of, or cancellation of, an election under the Trust Deed), CSC has paid an amount of benefit that was, or has become, not payable:

                     (a)  the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or

                     (b)  if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Trust Deed—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.

23  CSC may rely on information supplied by the Department

             (1)  For the purposes of the Trust Deed in its application to or in respect of a person who is or has been an ADF Super member, CSC may presume that any information provided to CSC by the Department is correct.

             (2)  If a tribunal, authority or person is empowered:

                     (a)  to review a decision of CSC under this Act or the Trust Deed; and

                     (b)  to vary, or make a decision in substitution for, CSC’s decision under this Act or the Trust Deed;

the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).

24  CSC may require the Department to distribute information etc. to members of ADF Super

          (1A)  This section applies in relation to an ADF Super member who is:

                     (a)  a member of the Permanent Forces; or

                     (b)  a continuous full‑time Reservist.

             (1)  CSC may:

                     (a)  send to the Department any document or written information that CSC is required to send to an ADF Super member under this or any other Act; and

                     (b)  request the Department to give the document or information to the member.

             (2)  The Department must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.

             (3)  CSC must take reasonable steps to ensure that the confidentiality of any document or information sent to the Department for transmission to the member is preserved.

Part 5Miscellaneous

  

25  Simplified outline of this Part

This Parts deals with those who are subject to the Trust Deed, termination and variation of rights by later legislation, and rules made under this Act.

26  Persons subject to the Trust Deed

                   The following persons are subject to the Trust Deed (to the extent that the Trust Deed is applicable):

                     (a)  a person who is, or has ceased to be, an ADF Super member;

                     (b)  a person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Trust Deed;

                     (c)  the Department;

                    (ca)  an employer of a former long‑term ADF member who, in accordance with the Trust Deed, makes contributions to the ADF Super Fund for the benefit of the former long‑term ADF member;

                     (d)  CSC.

27  Termination and variation of rights by later legislation

                   A right granted under this Act or the Trust Deed is granted on the basis that:

                     (a)  the right may be cancelled, revoked, terminated or varied by or under later legislation; and

                     (b)  no compensation is payable if the right is so cancelled, revoked, terminated or varied.

28  Rules

             (1)  The Minister may, by legislative instrument, make rules prescribing matters:

                     (a)  required or permitted to be prescribed by this Act; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Preconditions for making rules

             (2)  Rules may not be made unless:

                     (a)  CSC has consented to the making of the rules; or

                     (b)  the rules:

                              (i)  relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the rules, be required or permitted to be made under this Act; or

                             (ii)  relate solely to the termination of the ADF Super Fund; or

                            (iii)  are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.

Limitation on rule‑making power

             (3)  To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  amend this Act.

29  Rules relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws

             (1)  The rules may make any provision that is necessary for the purpose of enabling ADF Super to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to ADF Super:

                     (a)  the Corporations Act 2001;

                     (b)  the Family Law Act 1975;

                     (c)  the Financial Institutions Supervisory Levies Collection Act 1998;

                     (d)  the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;

                     (e)  the Superannuation Industry (Supervision) Act 1993;

                      (f)  the Superannuation (Resolution of Complaints) Act 1993;

                     (g)  the Superannuation (Unclaimed Money and Lost Members) Act 1999.

             (2)  If rules made for the purposes of subsection (1) are inconsistent with a provision of this Act or the Trust Deed, the rules prevail and the provision, to the extent of the inconsistency, is of no effect.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Australian Defence Force Superannuation Act 2015

119, 2015

10 Sept 2015

10 Sept 2015 (s 2(1) item 1)

 

Defence Legislation Amendment (Superannuation and ADF Cover) Act 2015

120, 2015

10 Sept 2015

Sch 3: 5 Mar 2016 (s 2(1) item 4)

Defence Legislation Amendment (First Principles) Act 2015

164, 2015

2 Dec 2015

Sch 2 (items 10–12, 80): 1 July 2016 (s 2(1) item 2)

Sch 2 (item 80)

Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Act 2018

13, 2018

5 Mar 2018

s 4: 5 Mar 2018 (s 2(1) item 1)
Sch 3 (item 2): awaiting commencement (s 2(1) item 8)

s 4

Defence Legislation Amendment (Miscellaneous Measures) Act 2020

45, 2020

25 May 2020

Sch 2 (items 1–5): 26 May 2020 (s 2(1) item 3)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 3........................................

am No 45, 2020

 

ed C3

s 4........................................

am No 164, 2015; No 45, 2020

Part 2

 

s 7........................................

am No 120, 2015

s 8........................................

am No 120, 2015

Part 3

 

s 16......................................

am No 45, 2020

Part 4

 

Division 4

 

s 21......................................

am No 120, 2015

s 24......................................

am No 45, 2020

Part 5

 

s 26......................................

am No 45, 2020

s 29......................................

am No 13, 2018

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

 

Section 4 (paragraph (a) of the definition of continuous full‑time Reservist)

 

Kind of editorial change

 

Change to punctuation

 

Details of editorial change

 

The amendment made by Schedule 2 item 10 of the Defence Legislation Amendment (First Principles) Act 2015 leaves no punctuation at the end of paragraph (a) of the definition.

 

This compilation was editorially changed to add “; and” at the end of paragraph (a) of the definition to bring it into line with legislative drafting practice.