Federal Register of Legislation - Australian Government

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Deeds & Trust Deeds as made
Amends the PSS Rules by inserting, deleting and amending various Rules in relation to recognising the Military Rehabilitation Compensation Scheme (military specific compensation scheme designed to meet the special circumstances of service in the Australian Defence Force) arrangements that commenced on 1 July 2004 and were given effect by the Military Rehabilitation and Compensation Act 2004 and Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 for members and former members of the Australian Defence Force who are also members of the PSS. Prior to the Military Rehabilitation Compensation Scheme arrangements former members of the Australian Defence Force were covered by arrangements under the Safety, Rehabilitation and Compensation Act 1988.
Administered by: Finance
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 42
Registered 24 May 2005
Gazetted 12 Aug 2004
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014

TWENTY-THIRD AMENDMENT

of the

PUBLIC SECTOR SUPERANNUATION SCHEME TRUST DEED

 

THIS DEED is made on 9 August 2004 by THE COMMONWEALTH OF AUSTRALIA.

WHEREAS section 4 of the Superannuation Act 1990 (the Act) provides for the Minister to establish an occupational superannuation scheme to be administered by the Board established under section 20 of the Act (the Board);

WHEREAS the Public Sector Superannuation Scheme (the Scheme) was established by Trust Deed dated 21 June 1990[1];

AND WHEREAS the Schedule to the Trust Deed contains Rules for the administration of the Scheme;

AND WHEREAS section 5 of the Act provides for the Minister, by instrument in writing, to amend the Trust Deed, and requires the consent of the Board to amendments in certain circumstances;

AND WHEREAS the Board has consented to the amendments provided for in this Deed.

NOW THIS DEED WITNESSES as follows:

1.                       The amendments to the Rules made by this Deed come into effect on the date of gazettal [see the Acts Interpretation Act 1901, sections 46A and 48].

2.                       This Deed is to be read as if it formed part of the Trust Deed and, where the context requires or admits, a word or phrase in this Deed has the same meaning that it has in the Trust Deed.

3.                       The Rules are amended as follows:

3.1                   Rule 1.2.1 is amended by deleting the definition of compensation leave and substituting the following definition:

compensation leave             means any period during which a person is absent full-time from his/her employment due to an incapacity for work resulting from:

·               an injury in respect of which compensation is payable under section 19 or 22 of the Safety, Rehabilitation and Compensation Act 1988; or

 

·               a service injury or disease (within the meaning of the Military Rehabilitation and Compensation Act 2004) in respect of which the person is receiving compensation under section 86 (part-time Reservists), 87 (incapacitated cadets and declared members) or 127 (former member maintained in hospital) of that Act; or

·               any period in respect of which persons not covered by those Acts are receiving similar compensation payments.”

3.2                   Rule 1.2.1 is amended by inserting the following definition after the definition of member spouse:

Military Rehabilitation and means the Commission established under the Military

Compensation Commission             Rehabilitation and Compensation Act 2004.”

3.3                   Rule 4.2.1 is amended by deleting paragraph (c) and substituting the following paragraph:

“(c)      a period of compensation leave granted under the Safety, Rehabilitation and Compensation Act 1988 or the Military Rehabilitation and Compensation Act 2004, or under similar arrangements.”

3.4                   Rule 10.7.4 is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)      consult with Comcare or the Military Rehabilitation and Compensation Commission, or other appropriate body, with a view to implementing such a program; and”

3.5                   Rule 10.7.5 is amended by deleting paragraph (c) and substituting the following paragraph:

“(c)      where the member is on compensation leave (or is suffering from a compensable condition), the assessment of the member’s medical condition by Comcare, or other appropriate body, except where the compensation leave or compensable condition is the result of a service injury or disease within the meaning of the Military Rehabilitation and Compensation Act 2004;”

3.6                   Rule 10.7.5 is amended by inserting the following paragraph after paragraph (d):

“(e)      where the member is on compensation leave (or is suffering from a compensable condition) resulting from a service injury or disease within the meaning of the Military Rehabilitation and Compensation Act 2004, any views of the Military Rehabilitation and Compensation Commission that are provided to the Board regarding the member’s medical condition.”

3.7                   Rule 10.10.3 is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)      consult with Comcare or the Military Rehabilitation and Compensation Commission, or other appropriate body, with a view to implementing such a program; and”

 

IN WITNESS WHEREOF this Deed has been executed the day and year first hereinbefore written.

 

SIGNED, SEALED AND DELIVERED                        )

                                                                                      )

by the Honourable NICHOLAS HUGH MINCHIN       )           SIGNED

                                                                                      )

Minister for Finance and Administration               )

                                                                                      )

for and on behalf of                                                         )

                                                                                      )

THE COMMONWEALTH OF                         )

                                                                                      )

AUSTRALIA, in the presence of:                                    )

                                                                                      )

                                                                                      )

                          (name)                                                  )           Chris Keane

                                                                                      )

                                                                                      )

                          (address)                                              )           20 Clifton St

                                                                                      )           PROSPECT  SA  5082

                                                                                      )

                          (description)                                         )           Adviser

                                                                                      )


 

Note to the Deed:

 

TABLE LISTING TRUST DEED AND AMENDING DEEDS

Section 45 of the Superannuation Act 1990 provides, in part, that instruments under section 5(1) amending the Trust Deed are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.  The effect of these provisions is that amending instruments are required to be notified in the Gazette and take effect from the date of gazettal unless the instrument provides otherwise.

 

Date

Number

Gazette details

21 June 1990

Trust Deed

GN 25, 27 June 1990, p 1728

21 June 1990

First

GN 25, 27 June 1990, p 1728

1 July 1991

Second

S 180, 1 July 1991

30 June 1992

Third

S 181, 1 July 1991

21 December 1992

Fourth

GN 1, 13 January 1993, p 110

16 June 1993

Fifth

S 181, 18 June 1993

24 January 1994

Sixth

GN 4, 2 February 1994, p 366

7 March 1994

Seventh

S 89, 15 March 1994

28 June 1994

Eighth

S 246, 29 June 1994

22 June 1995

Ninth

GN 25, 28 June 1995, p 2285

29 January 1996

Tenth

S 41, 1 February 1996

10 December 1996

Eleventh

GN 50, 18 December 1996

25 March 1998

Twelfth

GN 13, 1 April 1998, p 901

5 December 1999

Thirteenth

S 590, 6 December 1999

20 August 2001

Fourteenth

S 342, 22 August 2001

25 September 2001

Fifteenth

GN 39, 3 October 2001, p 2972

26 June 2002

Sixteenth

S 225, 27 June 2002

3 April 2003

Seventeenth

GN 17, 30 April 2003, p 1398

27 June 2003

Eighteenth

S 245, 27 June 2003

26 November 2003

Nineteenth

S 446, 1 December 2003

23 March 2004

Twentieth

S 89, 24 March 2004

9 May 2004

Twenty-First

S 146, 11 May 2004

5 July 2004

Twenty-Second

S 277, 9 July 2004

 



[1] Section 3 of the Act defines “Trust Deed” to include that deed as subsequently amended. A note listing particulars of the Trust Deed and the amending deeds is set out at the end of this Deed.