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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
First State Superannuation
Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of First State Superannuation Act
1992 No 100 2
4 Repeal of Act 2
Schedule 1 Amendment 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2008
New South Wales
First State Superannuation
Amendment Bill 2008
Act No , 2008
An Act to amend the First State Superannuation Act 1992 so as to enable cash
payments to employees to be substituted for superannuation contributions in relation
to certain classes of employment.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 First State Superannuation Amendment Bill 2008
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the First State Superannuation Amendment Act 2008.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of First State Superannuation Act 1992 No 100
The First State Superannuation Act 1992 is amended as set out in
Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
First State Superannuation Amendment Bill 2008
Amendment Schedule 1
Schedule 1 Amendment
(Section 3)
Section 8 Compulsory employer superannuation contributions
Insert after section 8 (4):
(5) Subsection (1) does not apply in relation to:
(a) an employee to whom an employer pays a total salary or
wages in any month, including any amount payable under
subsection (6), that is less than the amount prescribed by
section 27 (2) of the relevant Commonwealth legislation,
or
(b) an employee to whom section 27 (1) (a) of the relevant
Commonwealth legislation applies,
in relation to employment of a kind prescribed by the regulations.
(6) Where subsection (1) does not apply, the employer must pay to
the employee an amount equivalent to the superannuation
contribution that would have been payable but for the operation
of subsection (5).
(7) The amount payable under subsection (6) is in addition to any
salary or wages payable to the employee.
(8) In this section, relevant Commonwealth legislation means the
Superannuation Guarantee (Administration) Act 1992 of the
Commonwealth.
Note. The amount prescribed by section 27 (2) of the relevant Commonwealth
legislation is $450. Section 27 (1) (a) of the relevant Commonwealth legislation
provides that the salary or wages of an employee who is aged 70 or over is to
be excluded from the calculation of the superannuation guarantee shortfall
under the relevant Commonwealth legislation.
Page 3
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