New South Wales Consolidated Acts

SUPERANNUATION ADMINISTRATION AUTHORITY CORPORATISATION ACT 1999 - SCHEDULE 6

SCHEDULE 6 – Savings, transitional and other provisions

(Section 18)

Part 1 - Regulations

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(2) Such a provision may deal, among other things, with the interpretation of references to SAA or to any employee of SAA.

(3) Such a provision may, if the regulations so provide, take effect on the date of assent to this Act or a later date.

(4) To the extent to which such a provision takes effect on 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, SAA, the Corporation or any 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, SAA, the Corporation or any authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 References in other Acts or instruments

In any Act (other than this Act), in any instrument made under any Act or in any document, a reference to Superannuation Administration Authority is taken to be a reference to the Corporation.

3 Interim CEO

(1) The person holding office as chief executive officer of SAA immediately before the dissolution of SAA is taken to have been appointed as acting chief executive officer of the Corporation by the board under clause 4 of Schedule 3.

(2) For the purposes of section 42S of the Public Sector Management Act 1988 , service as acting chief executive officer of the Corporation pursuant to this clause is not employment in the service of the Corporation.

4 Timetable for first statement of corporate intent

A period within which any matter is required to be done under section 21 of the State Owned Corporations Act 1989 in connection with the first statement of corporate intent of the Corporation may be extended by the voting shareholders of the Corporation.

5 Final annual report of SAA

(1) An annual report relating to SAA is to be prepared, submitted, presented, and made publicly available, in accordance with the Annual Reports (Statutory Bodies) Act 1984 in the same way as those things would have been required to be done if:

(a) the financial year had started normally but ended on the day on which SAA was dissolved, and

(b) SAA had not ceased to be a statutory body within the meaning of that Act.

(2) It does not matter that the financial year for the purposes of the report is therefore less than 12 months long.

(3) The annual report may be so prepared, submitted and made available by the individuals who were responsible for the affairs of SAA or instead by the Corporation.

(4) If arrangements are made by the Auditor-General under section 43A (4) of the Public Finance and Audit Act 1983 to treat the affairs of SAA and the Corporation in a composite way or otherwise, the annual report required by this clause may be so treated as to be compatible with those requirements.

(5) Despite the Annual Reports (Statutory Bodies) Act 1984 , the final annual report for SAA need not contain any information (for example, a budget) that would have related to the next financial year of SAA if it had not been dissolved.

6 SAA financial accounts before dissolution

For the purpose of the application of section 43A (General audit of former statutory bodies) of the Public Finance and Audit Act 1983 to SAA, the Corporation is taken to be the successor to SAA.

7 Corporation same entity as SAA

(1) On the dissolution of SAA, the Corporation is taken for all purposes, including the rules of private international law, to be a continuation of and the same legal entity as SAA.

(2) This clause does not affect any transfer of assets, rights and liabilities under Part 2 of this Act.