New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 16)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActSuperannuation Legislation (Superannuation Guarantee Charge) Amendment Act 1992State Authorities Superannuation (Scheme Closure) Amendment Act 1992Superannuation Legislation (Further Amendment) Act 1993Superannuation Legislation Amendment Act 1996Superannuation Legislation Amendment Act 1997Superannuation Legislation Further Amendment Act 1997Superannuation Legislation Further Amendment Act 1998Superannuation Legislation Further Amendment Act 1999Superannuation Legislation Amendment Act 2000Superannuation Legislation Amendment (Miscellaneous) Act 2001Superannuation Legislation Amendment Act 2002Superannuation Legislation Further Amendment Act 2002First State Superannuation Legislation Amendment (Conversion) Act 2005
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) For the purpose of calculating a benefit payable to a member who, on or after 1 July 1992, was an employee under the State Authorities Non-contributory Superannuation Act 1987 , the member is taken to have been a member since 1 July 1992 or any later date on which the member became such an employee and the benefit payable to the member is to be adjusted accordingly.
(2) Regulations may be made for or with respect to the adjustment of the contributions on behalf of any such member or any person formerly such a member in respect of the period from 1 July 1992 to 8 December 1992 for the purpose of complying with applicable Commonwealth occupational superannuation standards.
(3) A provision of a regulation made under subclause (2) may, if the regulation so provides, take effect from 1 July 1992 or a later day.
(4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State or an employer), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State or an employer) in respect of anything done or omitted to be done before the date of its publication.
A person who, before the commencement of sections 13 and 14, as replaced by the Superannuation Legislation Amendment Act 1996 , was entitled to a zero amount of basic death or invalidity cover because of the balance of the person’s account, is taken not to have been liable to pay basic death or invalidity premiums during any part of the period commencing on 1 March 1996 and ending on the date of assent to that Act.
Any adjustment made before the commencement of section 57A (as inserted by the Superannuation Legislation Further Amendment Act 1997 ) by FTC to an account or reserve established under Part 5 that is in accordance with the powers contained in that section is validated.
(1) The repeal or amendment of any provision of this Act by the Superannuation Legislation Further Amendment Act 1998 does not affect any right that a member of the Fund had immediately before the commencement of Part 4 of this Act (as inserted by that Act).
(2) The repeal or amendment of any provision of this Act by the Superannuation Legislation Further Amendment Act 1998 does not affect:(a) the right or obligation of a person to contribute to the Fund, or(b) any person’s membership of the Fund, or(c) any benefit payable to or in respect of a member of the Fund, or(d) any other right or liability of an employer or member of the Fund.
(1) The superannuation scheme provided for by the trust deed and the Scheme rules is a continuation of, and the same scheme as, the superannuation scheme established and maintained under this Act before the commencement of Part 4 of this Act (as inserted by the Superannuation Legislation Further Amendment Act 1998 ).
(2) Accordingly, a reference in any Act or in any instrument made under any Act or in any other instrument to the superannuation scheme established by this Act or to the First State Superannuation Scheme is a reference to the superannuation scheme as so continued.
(1) The Fund referred to in section 18, as inserted by the Superannuation Legislation Further Amendment Act 1998 , is a continuation of, and the same fund as, the Fund established, maintained and administered by FTC pursuant to section 49 of this Act before its repeal by the Superannuation Legislation Further Amendment Act 1998 .
(2) Accordingly, a reference in any Act or in any instrument made under any Act or in any other instrument to the First State Superannuation Fund is a reference to the First State Superannuation Fund as so continued.
An election or application made under a provision of this Act before the repeal of that provision by the Superannuation Legislation Further Amendment Act 1998 has effect as an election or application under the trust deed.
A rule made by FTC pursuant to a provision of this Act that is repealed by the Superannuation Legislation Further Amendment Act 1998 is repealed on the commencement of Part 4 of this Act (as inserted by the Superannuation Legislation Further Amendment Act 1998 ).
(1) A member who, on the commencement of section 3A (as inserted by the Superannuation Legislation Further Amendment Act 1999 ), is an executive officer is taken, on that commencement, to have nominated under that section the amount of salary or wages on which contributions in respect of the executive officer are calculated as at that commencement.
(2) Nothing in this clause prevents such an executive officer from reducing or increasing, in accordance with section 3A, the amount of salary or wages so nominated.
Anything:
(a) that was done or omitted to be done for the purposes of Part 5A before the date of assent to the Superannuation Legislation Amendment (Miscellaneous) Act 2001 , and
(b) that would have been lawful if Part 5A had been in force when the thing was done or omitted to be done,is as valid as it would have been had that Part been in force when the thing was done or omitted to be done.
In this Part:
"existing rules" means the rules made under the existing trust deed, as in
force immediately before the repeal of section 13 by the amending Act.
"existing trust deed" means the trust deed entered into by the Premier and FTC
pursuant to this Act, as in force immediately before the repeal of section 13
by the amending Act.
"existing trust fund" means the First State Superannuation Fund as maintained
and administered under the existing trust deed immediately before the repeal
of section 18 by the amending Act.
"the amending Act" means the First
State Superannuation Legislation Amendment (Conversion) Act 2005 .
(1) The existing trust deed and existing rules continue to have effect despite the repeal of Part 4 of this Act, or any other provision of this Act, by the amending Act.
(2) The existing trust deed and existing rules may be varied or terminated in any way, and may be varied to contain any matters, permitted by or under the trust deed (as amended by the amending Act) or any Act or other law.
(3) Nothing in the amending Act affects the validity or operation of the existing trust deed or existing rules, or the existing trust fund, except as provided by this Part.
(4) Without limiting any other provision of this Part:(a) the existing trust fund continues in force and is the same trust fund settlement as it was immediately before the repeal of sections 13 and 18 by the amending Act, and(b) the amendment of the existing trust deed by Schedule 4 to the amending Act does not:(i) create a new trust or otherwise affect the nature, existence or continuity of the trust fund settlement established under the existing trust deed, or(ii) create any interest or vary any beneficial interest of any member, beneficiary or other person interested in the existing trust fund.
A person who was a member of the Fund immediately before the commencement of this clause continues to be a member of the Fund until the person ceases to be a member by operation of the governing rules of the Fund or any Act or other law.
(1) An employer must continue to pay contributions for an employee to the Fund, if those contributions were payable to the Fund immediately before the repeal of section 12 by the amending Act.
(2) A notification or an election having effect under section 10, as in force immediately before its repeal by the amending Act, continues to have effect and may be revoked or varied in accordance with this Act or the provisions of the trust deed as in force from time to time.
(3) Nothing in this clause prevents an employee who was a member of the Fund immediately before the commencement of this clause from making an election in accordance with this Act to have compulsory employer superannuation contributions paid to another complying superannuation fund or a complying approved deposit fund or retirement savings account.
A dispute relating to or in respect of FTC or a member or former member of the Fund, that arose before the commencement of this clause, is to continue to be dealt with under this Act and the Superannuation Administration Act 1996 , as in force before the commencement of this clause.
Nothing in the amending Act affects:
(a) an appeal made under section 40 of the Superannuation Administration Act 1996 and not determined before the repeal of that section by the amending Act, or
(b) a right to make an appeal in respect of a dispute or other matter that arose under that section before that commencement, or
(c) the jurisdiction of the Industrial Relations Commission to determine any such appeal.
(1) An existing arrangement continues in force.
(2) Any such existing arrangement may be varied or terminated in accordance with the terms of the arrangement or any other Act or law.
(3) In this clause:
"existing arrangement" means:(a) a contract or an arrangement entered into by FTC under section 12 of the Superannuation Administration Act 1996 and in force immediately before the commencement of clause 12 of Schedule 2A to that Act, or(b) a contract or an arrangement entered into by FTC under section 15, 16 or 20 of that Act and in force immediately before the repeal of those provisions by the amending Act.
The operation of the amending Act and any amendments to the existing trust deed or existing rules consequential on that Act are not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the provision of services to or by FTC in connection with the Fund or its functions under the existing trust deed or existing rules, or
(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, or
(d) as an event of default under any contract or other instrument.