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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Superannuation (State Public
Sector) Amendment Bill 2006
Queensland
Superannuation (State Public Sector)
Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Superannuation (State Public Sector) Act
1990
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 4 (Board's principal function). . . . . . . . . . . . . . . 8
6 Replacement of ss 56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Membership of the board . . . . . . . . . . . . . . . . . . . . . . 8
6 Eligibility to be a trustee . . . . . . . . . . . . . . . . . . . . . . . 9
6A Board may ask Minister to revoke trustee's
appointment ............................ 10
6AA Filling a vacancy in the office of a trustee . . . . . . . . . 11
7 Amendment of s 6B (Appointment not affected by other laws
restricting employment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Replacement of ss 6C and 6D . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
6C Alternate trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
6D Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6DA Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Amendment of s 6E (Common seal) . . . . . . . . . . . . . . . . . . . . . . 13
10 Amendment of s 6F (Delegation by board) . . . . . . . . . . . . . . . . . 14
11 Amendment of s 6H (Time and place of meetings) . . . . . . . . . . . 14
12 Amendment of s 6I (Conduct of meetings). . . . . . . . . . . . . . . . . . 14
13 Amendment of s 6J (Resolutions other than at meetings) . . . . . . 15
14 Amendment of s 7 (Powers etc. of board) . . . . . . . . . . . . . . . . . . 15
15 Replacement of ss 8 and 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2
Superannuation (State Public Sector) Amendment
Bill 2006
8 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Remuneration and allowances payable to trustees
and alternate trustees . . . . . . . . . . . . . . . . . . . . . . . . 17
9A Assignment of departmental employees to perform
work for the board . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
16 Replacement of s 11 (Investment of fund) . . . . . . . . . . . . . . . . . . 17
11 Investment of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11A Investment of defined benefit assets . . . . . . . . . . . . . 18
17 Amendment of s 12 (Deed to establish scheme) . . . . . . . . . . . . . 18
18 Amendment of s 13 (Membership of scheme) . . . . . . . . . . . . . . . 19
19 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 3A Government Superannuation Officer
15I Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15J Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15K Staff services from department and board . . . . . . . . . 20
15L Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15M CEO to act as officer while no appointee . . . . . . . . . . 21
20 Amendment of s 17 (Returns) . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21 Amendment of s 18 (Recovery of overpayments) . . . . . . . . . . . . 21
22 Amendment of s 20 (Reports) . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
23 Amendment of s 20A (Auditing) . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Amendment of s 23 (Unclaimed benefits) . . . . . . . . . . . . . . . . . . 22
25 Amendment of s 30A (Judicial notice of certain matters) . . . . . . . 22
26 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
31A Transfer of employees . . . . . . . . . . . . . . . . . . . . . . . . 22
31B Transfer of assets and liabilities . . . . . . . . . . . . . . . . . 23
27 Insertion of new pt 6, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4 Superannuation (State Public Sector)
Amendment Act 2006
36 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
37 Continuation of chief executive as a trustee . . . . . . . . 25
38 Continuation of other trustees . . . . . . . . . . . . . . . . . . 26
39 Remuneration of trustees . . . . . . . . . . . . . . . . . . . . . . 26
40 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
41 Transfer of previous executive officer to CEO. . . . . . . 27
42 Other matters relating to the executive officer . . . . . . 27
43 QIC continues as investment manager . . . . . . . . . . . 27
3
Superannuation (State Public Sector) Amendment
Bill 2006
Part 3 Amendment of Parliamentary Contributory Superannuation
Act 1970
28 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
29 Amendment of s 10 (Administration) . . . . . . . . . . . . . . . . . . . . . . 28
2006
A Bill
for
An Act to amend the Superannuation (State Public Sector) Act
1990 and another Act
s1 6 s4
Superannuation (State Public Sector) Amendment
Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Superannuation (State Public 4
Sector) Amendment Act 2006. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Superannuation 8
(State Public Sector) Act 1990 9
Clause 3 Act amended in pt 2 10
This part amends the Superannuation (State Public Sector) 11
Act 1990. 12
Clause 4 Amendment of s 2 (Interpretation) 13
(1) Section 2(1), definitions appointed trustee and trustee-- 14
omit. 15
(2) Section 2(1)-- 16
insert-- 17
`alternate trustee means a person holding an appointment as 18
an alternate trustee under section 6C. 19
appropriately qualified, for a person to whom functions or 20
powers are delegated, includes having qualifications, 21
s4 7 s4
Superannuation (State Public Sector) Amendment
Bill 2006
experience or standing appropriate to perform the delegated 1
functions or exercise the delegated powers. 2
3
Example of standing--
4
a person's classification level in the public service
AWUQ means the Australian Workers' Union Queensland. 5
CEO see section 6DA(1). 6
chairperson means the trustee holding office as the 7
chairperson under section 6D. 8
commencement day, for part 6, division 4, see section 36. 9
defined benefit asset means a part of the fund held to meet 10
liabilities relating to the payment of benefits to defined benefit 11
members. 12
defined benefit member means a member in a defined benefit 13
category under the deed. 14
disqualified person means a disqualified person under the SIS 15
Act, section 120. 16
employer trustee see section 5(11). 17
independent director see the SIS Act, section 10(1) and (2). 18
investment manager see the SIS Act, section 10(1). 19
member entity trustee see section 5(11). 20
new, for part 6, division 4, see section 36. 21
officer, for part 3A, see section 15I(1). 22
QCU means the Queensland Council of Unions. 23
QIC means Queensland Investment Corporation established 24
under the Queensland Investment Corporation Act 1991. 25
quorum, at any given time, means the number that is 26
two-thirds of the number of trustees holding appointment 27
under section 5 at the time or, if that is not a whole number, 28
the next highest whole number. 29
repealed, for part 6, division 4, see section 36. 30
SIS Act means the Superannuation Industry (Supervision) Act 31
1993 (Cwlth). 32
s5 8 s6
Superannuation (State Public Sector) Amendment
Bill 2006
subsidiary see the Corporations Act, section 9. 1
trustee means a member of the board. 2
wholly-owned subsidiary see the Corporations Act, section 3
9.'. 4
(3) Section 2(1), definition unit of the State public sector, 5
paragraphs (p) and (q)-- 6
renumber as paragraphs (r) and (s). 7
(4) Section 2(1), definition unit of the State public sector, before 8
`but does not include'-- 9
insert-- 10
`(p) a body corporate that is wholly owned by the State; or 11
(q) a wholly-owned subsidiary of a body corporate that is a 12
unit of the State public sector under another paragraph 13
of this definition;'. 14
Clause 5 Amendment of s 4 (Board's principal function) 15
Section 4, `principal'-- 16
omit. 17
Clause 6 Replacement of ss 56A 18
Sections 5 to 6A-- 19
omit, insert-- 20
`5 Membership of the board 21
`(1) The board consists of the trustees appointed under this Act. 22
`(2) The Minister must appoint-- 23
(a) the prescribed number of employer trustees; and 24
(b) the prescribed number of member entity trustees, of 25
whom-- 26
(i) one is to be nominated by AWUQ; and 27
(ii) the remainder are to be nominated by QCU. 28
s6 9 s6
Superannuation (State Public Sector) Amendment
Bill 2006
`(3) The prescribed number is-- 1
(a) the number, at least 4 and not more than 6, prescribed 2
under a regulation; or 3
(b) if no regulation is in force under paragraph (a)--5. 4
`(4) The same prescribed number applies to the employer trustees 5
and to the member entity trustees. 6
`(5) With the board's written consent, the Minister may also 7
appoint 1 other person as a trustee if, when appointed, the 8
person will be an independent director of the board. 9
`(6) An appointment of a trustee must be made by gazette notice. 10
`(7) The Minister may appoint a person as a trustee only with the 11
person's written consent and only if the person is eligible to be 12
a trustee. 13
`(8) An appointment must be for a stated term of not longer than 3 14
years. 15
`(9) The office of a trustee becomes vacant if-- 16
(a) the trustee resigns by signed notice given to the 17
Minister; or 18
(b) the trustee becomes a disqualified person. 19
`(10) The Minister must not revoke a member entity trustee's 20
appointment except on a request under section 6A. 21
`(11) In this section-- 22
employer trustee means a trustee appointed on the nomination 23
of the Minister. 24
member entity trustee means a trustee appointed on the 25
nomination of AWUQ or QCU. 26
`6 Eligibility to be a trustee 27
`(1) A person is eligible to be a trustee only if the person is an 28
adult and is not a disqualified person. 29
`(2) A person appointed as a trustee must immediately give written 30
notice to the board on becoming aware he or she is a 31
disqualified person. 32
s6 10 s6
Superannuation (State Public Sector) Amendment
Bill 2006
`(3) In this section-- 1
trustee includes an alternate trustee. 2
`6A Board may ask Minister to revoke trustee's 3
appointment 4
`(1) The board may ask the Minister to revoke a trustee's 5
appointment-- 6
(a) if the trustee is absent from 3 board meetings in a 7
financial year, of which the trustee has been given notice 8
under procedures approved by the board, without the 9
board's leave and without reasonable excuse; or 10
(b) if the board is satisfied the trustee is unable to perform 11
the trustee's functions because of a physical or mental 12
incapacity; or 13
(c) if the board is satisfied that, if the trustee remains as a 14
trustee, it is likely the board will not meet the 15
requirements of standards prescribed under the SIS Act, 16
part 3, relating to fitness and propriety that apply to the 17
board; or 18
(d) in the circumstances prescribed under the SIS Act, 19
section 107(2)(a)(ii)(G). 20
`(2) Before asking the Minister to revoke a trustee's appointment, 21
the board must-- 22
(a) give the trustee a written notice stating-- 23
(i) that the board proposes to ask the Minister to 24
revoke the trustee's appointment; and 25
(ii) the reason for making the request; and 26
(iii) that the trustee may, within a stated reasonable 27
time of not less than 14 days, give the board a 28
written submission about why the board should not 29
make the request; and 30
(b) have regard to any submissions received from the trustee 31
within the stated time. 32
`(3) Also, before asking the Minister to revoke a member entity 33
trustee's appointment under subsection (1)(a), (b) or (d), the 34
s7 11 s7
Superannuation (State Public Sector) Amendment
Bill 2006
board must obtain the written approval of AWUQ or QCU, 1
whichever nominated the trustee for appointment. 2
`(4) The Minister must comply with a request from the board 3
under this section. 4
`6AA Filling a vacancy in the office of a trustee 5
`(1) This section applies if the office of a trustee becomes vacant 6
before the end of the term of his or her appointment (the 7
original term). 8
`(2) Before, or as soon as practicable after, the vacancy arises, the 9
Minister must-- 10
(a) for an employer trustee--nominate another person for 11
appointment to the office; or 12
(b) for a member entity trustee nominated by AWUQ--ask 13
AWUQ to nominate another person for appointment to 14
the office; or 15
(c) for a member entity trustee nominated by QCU--ask 16
QCU to nominate another person for appointment to the 17
office. 18
`(3) The Minister must appoint a trustee to fill the vacancy within 19
90 days after the vacancy happens. 20
`(4) However, if, for a vacancy in the office of a member entity 21
trustee, the Minister does not receive a nomination from the 22
relevant entity under subsection (2)(b) or (c) in time to fill the 23
vacancy within 90 days after the vacancy happens, the 24
Minister must appoint a trustee to fill the vacancy as soon as 25
practicable after receiving the nomination. 26
`(5) An appointment to fill the vacancy must be for a term ending 27
at the end of the original term.'. 28
Clause 7 Amendment of s 6B (Appointment not affected by other 29
laws restricting employment) 30
Section 6B-- 31
insert-- 32
s8 12 s8
Superannuation (State Public Sector) Amendment
Bill 2006
`(2) In this section-- 1
trustee includes an alternate trustee.'. 2
Clause 8 Replacement of ss 6C and 6D 3
Sections 6C and 6D-- 4
omit, insert-- 5
`6C Alternate trustees 6
`(1) The board may appoint alternate trustees under this section. 7
`(2) If it decides to appoint alternate trustees, the board must 8
establish a policy (the alternate trustees policy) that includes 9
provision for the nomination, appointment and acting of 10
alternate trustees. 11
`(3) The board may appoint a person as an alternate trustee only-- 12
(a) under the alternate trustees policy; and 13
(b) with the person's written consent; and 14
(c) if the person is eligible to be a trustee. 15
16
Note--
17
See section 6 (Eligibility to be a trustee).
`(4) At any given time, there may not be more than 2 alternate 18
trustees. 19
`(5) An appointment must be for a stated term of not longer than 3 20
years. 21
`(6) The office of an alternate trustee becomes vacant if-- 22
(a) the board revokes the alternate trustee's appointment 23
under the alternate trustees policy; or 24
(b) the alternate trustee resigns by signed notice given to the 25
board; or 26
(c) the alternate trustee becomes a disqualified person. 27
`(7) In the circumstances stated in the alternate trustees policy, an 28
alternate trustee may attend a board meeting in place of a 29
trustee who is absent from the meeting and exercise the absent 30
trustee's powers at the meeting. 31
s9 13 s9
Superannuation (State Public Sector) Amendment
Bill 2006
`(8) The board must give a copy of the alternate trustees policy to 1
anyone on request, free of charge, and make the policy 2
publicly available in any other way the board considers 3
appropriate. 4
`6D Chairperson 5
`(1) The Minister must appoint one of the trustees as chairperson 6
of the board. 7
`(2) The Minister may appoint a trustee as chairperson only with 8
the trustee's written consent. 9
`(3) The Minister must consult with the board before making or 10
revoking an appointment. 11
`(4) An appointment must be signed by the Minister. 12
`(5) An appointment must be for a stated term of not longer than 3 13
years. 14
`(6) An appointee stops being the chairperson if-- 15
(a) he or she stops being a trustee; or 16
(b) he or she resigns the office of chairperson by signed 17
notice given to the Minister. 18
`6DA Chief executive officer 19
`(1) There is to be a chief executive officer of the board (the 20
CEO). 21
`(2) The CEO is to be employed by the board or a subsidiary of the 22
board.'. 23
Clause 9 Amendment of s 6E (Common seal) 24
Section 6E(1) and (2), `executive officer'-- 25
omit, insert-- 26
`CEO'. 27
s 10 14 s 12
Superannuation (State Public Sector) Amendment
Bill 2006
Clause 10 Amendment of s 6F (Delegation by board) 1
(1) Section 6F(1) and (2), `executive officer'-- 2
omit, insert-- 3
`CEO'. 4
(2) Section 6F(3)-- 5
omit, insert-- 6
`(3) This section applies subject to section 11A.1'. 7
Clause 11 Amendment of s 6H (Time and place of meetings) 8
Section 6H(2)(b), `7 trustees'-- 9
omit, insert-- 10
`a quorum of trustees'. 11
Clause 12 Amendment of s 6I (Conduct of meetings) 12
(1) Section 6I(2)-- 13
omit, insert-- 14
`(2) In the chairperson's absence, another trustee chosen by the 15
trustees present is to preside.'. 16
(2) Section 6I(3), `7 trustees'-- 17
omit, insert-- 18
`a quorum of trustees'. 19
(3) Section 6I(4)-- 20
omit. 21
(4) Section 6I(7), `subsection (6)-- 22
omit, insert-- 23
`subsection (5)'. 24
1 Section 11A (Investment of defined benefit assets)
s 13 15 s 14
Superannuation (State Public Sector) Amendment
Bill 2006
(5) Section 6I(5) to (7)-- 1
renumber as section 6I(4) to (6). 2
Clause 13 Amendment of s 6J (Resolutions other than at meetings) 3
(1) Section 6J(1)(a), `7 trustees'-- 4
omit, insert-- 5
`a quorum of trustees'. 6
(2) Section 6J(2)-- 7
omit, insert-- 8
`(2) The resolution is taken to have been made as soon as the 9
number of trustees who have given written agreement to the 10
resolution is at least a quorum.'. 11
Clause 14 Amendment of s 7 (Powers etc. of board) 12
(1) Section 7, heading, `etc.'-- 13
omit. 14
(2) Section 7(1), `powers, authorities, duties or functions of the 15
board'-- 16
omit, insert-- 17
`board's powers'. 18
(3) Section 7(2), `functions'-- 19
omit, insert-- 20
`function'. 21
(4) Section 7(2)(c) to (e)-- 22
renumber as section 7(2)(d) to (f). 23
(5) Section 7(2)-- 24
insert-- 25
`(c) employ staff; and'. 26
s 15 16 s 15
Superannuation (State Public Sector) Amendment
Bill 2006
Clause 15 Replacement of ss 8 and 9 1
Sections 8 and 9-- 2
omit, insert-- 3
`8 Protection from liability 4
`(1) A person who is or was an official is entitled to be 5
indemnified from the fund for a liability incurred by the 6
person for an act done, or omission made, while acting as an 7
official. 8
`(2) The liability to which subsection (1) applies-- 9
(a) includes an amount of legal costs decided by the board 10
to be reasonable; but 11
(b) does not include-- 12
(i) a liability that arises because the person-- 13
(A) fails to act honestly in a matter concerning 14
the fund; or 15
(B) intentionally or recklessly fails to exercise, in 16
relation to a matter affecting the fund, the 17
degree of care and diligence that the official 18
is required to exercise; or 19
(ii) a liability for a monetary penalty under a civil 20
penalty order under the SIS Act. 21
22
Note--
23
See the SIS Act, section 57 (Indemnification of directors
24
of trustee from assets of entity).
`(3) The board may effect insurance for liability to which 25
subsection (1) applies and pay the cost of the insurance from 26
the fund. 27
`(4) In this section-- 28
official means a trustee, an alternate trustee, the CEO or a 29
member of the board's staff. 30
s 16 17 s 16
Superannuation (State Public Sector) Amendment
Bill 2006
`9 Remuneration and allowances payable to trustees 1
and alternate trustees 2
`(1) A trustee or alternate trustee is entitled to be paid the 3
remuneration and allowances decided by the Minister after 4
consulting the board. 5
`(2) The costs of the remuneration and allowances may be paid 6
from the fund. 7
`9A Assignment of departmental employees to perform 8
work for the board 9
`(1) At the board's request, the chief executive may assign public 10
service employees of the department to perform work for the 11
board. 12
`(2) A person performing work for the board under an assignment 13
under subsection (1) is not an employee of the board but 14
remains a public service employee of the department. 15
`(3) In this section-- 16
board includes a subsidiary of the board.'. 17
Clause 16 Replacement of s 11 (Investment of fund) 18
Section 11-- 19
omit, insert-- 20
`11 Investment of fund 21
`(1) The board may, in compliance with the SIS Act, appoint 1 or 22
more investment managers for the fund or parts of the fund. 23
`(2) Subsection (1) applies subject to section 11A. 24
`(3) The board must, in compliance with the SIS Act, set 25
investment objectives for the fund and establish investment 26
strategies and policies to achieve the objectives. 27
`(4) An investment objective, strategy or policy under this section 28
may relate to the whole fund, or a particular part of the fund, 29
other than a defined benefit asset. 30
s 17 18 s 17
Superannuation (State Public Sector) Amendment
Bill 2006
`11A Investment of defined benefit assets 1
`(1) The board must obtain the written approval of the Governor in 2
Council before-- 3
(a) revoking the appointment of QIC as investment manager 4
for a defined benefit asset; or 5
(b) appointing an entity other than QIC as investment 6
manager for a defined benefit asset. 7
`(2) In deciding whether to recommend that the Governor in 8
Council give approval for subsection (1), the Minister must 9
have regard to the board's fiduciary responsibilities and the 10
interests of the defined benefit members. 11
`(3) The Minister must-- 12
(a) set investment objectives for the defined benefit assets; 13
and 14
(b) establish investment strategies and policies to achieve 15
the objectives; and 16
(c) give the objectives, strategies and policies to the board. 17
`(4) The Minister may delegate the Minister's functions under 18
subsection (3) to an appropriately qualified public service 19
officer of the department. 20
`(5) In this section-- 21
functions includes powers.'. 22
Clause 17 Amendment of s 12 (Deed to establish scheme) 23
Section 12(2) and (3)-- 24
omit, insert-- 25
`(2) The deed is subordinate legislation. 26
`(3) The deed may be amended by regulation. 27
`(4) The Governor in Council must not make a regulation 28
amending the deed without the board's consent. 29
s 18 19 s 19
Superannuation (State Public Sector) Amendment
Bill 2006
`(5) Subsection (4) does not apply to an amendment mentioned in 1
the SIS Act, section 60(1)(b) or (c).2'. 2
Clause 18 Amendment of s 13 (Membership of scheme) 3
Section 13-- 4
insert-- 5
`(9A) Subsection (9) does not apply to a member's employer (the 6
current employer) if-- 7
(a) the member was previously-- 8
(i) an employee of a unit of the State public sector (the 9
old employer); and 10
(ii) a member of the scheme for whom contributions 11
were being paid to the fund by the old employer; 12
and 13
(b) the member has continued to be a member since the end 14
of his or her employment by the old employer; and 15
(c) the current employer is an employer, or a member of a 16
class of employers, approved for this subsection by the 17
Minister on the board's recommendation.'. 18
Clause 19 Insertion of new pt 3A 19
After part 3-- 20
insert-- 21
`Part 3A Government Superannuation 22
Officer 23
`15I Appointment 24
`(1) There is to be a government superannuation officer (the 25
officer). 26
`(2) The officer is to be appointed by the Governor in Council. 27
2 SIS Act, section 60 (Amendment of governing rules)
s 19 20 s 19
Superannuation (State Public Sector) Amendment
Bill 2006
`(3) The officer may be appointed under this Act or the Public 1
Service Act 1996. 2
`15J Functions 3
`The officer's functions are-- 4
(a) to provide services under the Parliamentary 5
Contributory Superannuation Act 1970, section 10; and 6
(b) as directed by the Minister, to give advice, prepare 7
reports and carry on other activities relating to 8
superannuation and public service employee 9
entitlements. 10
`15K Staff services from department and board 11
`(1) At the officer's request-- 12
(a) the chief executive may assign public service employees 13
of the department to perform work for the officer; or 14
(b) the board may assign a member of the board's staff to 15
perform work for the officer. 16
`(2) A person assigned to perform work for the officer under this 17
section is not subject to the direction of the chief executive or 18
board in relation to the performance of the work. 19
`(3) In this section-- 20
board includes a subsidiary of the board. 21
`15L Delegation 22
`(1) The officer may delegate the officer's functions to an 23
appropriately qualified person assigned to perform work for 24
the officer under section 15K. 25
`(2) In this section-- 26
functions includes powers. 27
s 20 21 s 22
Superannuation (State Public Sector) Amendment
Bill 2006
`15M CEO to act as officer while no appointee 1
`At any time there is no-one holding an appointment as the 2
officer-- 3
(a) the CEO is to perform the officer's functions; and 4
(b) for that purpose, sections 15J to 15L apply as if 5
references in the sections to the officer were references 6
to the CEO.'. 7
Clause 20 Amendment of s 17 (Returns) 8
Section 17(3)-- 9
omit, insert-- 10
`(3) If a person fails to comply with a requirement under 11
subsection (2) relevant to establishing the person's 12
entitlement to a benefit, the board must withhold the benefit 13
until the entitlement can be established.'. 14
Clause 21 Amendment of s 18 (Recovery of overpayments) 15
(1) Section 18(7)-- 16
renumber as section 18(8). 17
(2) Section 18-- 18
insert-- 19
`(7) This section applies subject to a standard prescribed under the 20
SIS Act, section 31.3'. 21
Clause 22 Amendment of s 20 (Reports) 22
Section 20, at the end-- 23
insert-- 24
25
`Note--
26
See also the SIS Act for other provisions about reports.'.
3 SIS Act, section 31 (Operating standards for regulated superannuation funds)
s 23 22 s 26
Superannuation (State Public Sector) Amendment
Bill 2006
Clause 23 Amendment of s 20A (Auditing) 1
Section 20A, at the end-- 2
insert-- 3
4
`Note--
5
See also the SIS Act for other provisions about auditing.'.
Clause 24 Amendment of s 23 (Unclaimed benefits) 6
(1) Section 23(6)-- 7
renumber as section 23(7). 8
(2) Section 23-- 9
insert-- 10
`(6) This section does not apply to a benefit, or any part of a 11
benefit, that is unclaimed money under the Superannuation 12
(Unclaimed Money and Lost Members) Act 1999 (Cwlth).'. 13
Clause 25 Amendment of s 30A (Judicial notice of certain matters) 14
Section 30A(2)(a), `or the executive officer'-- 15
omit, insert-- 16
`, an alternate trustee or the CEO'. 17
Clause 26 Insertion of new pt 4A 18
After part 4-- 19
insert-- 20
`Part 4A Transfer of employees, assets 21
and liabilities to the board 22
`31A Transfer of employees 23
`(1) With the consent of a public service employee of the 24
department, the Minister may, by written notice, transfer the 25
employee to the board. 26
s 26 23 s 26
Superannuation (State Public Sector) Amendment
Bill 2006
`(2) The transfer does not-- 1
(a) affect the employee's benefits, entitlements or 2
remuneration; or 3
(b) prejudice the employee's existing or accruing rights to 4
superannuation or recreation, sick, long service or other 5
leave; or 6
(c) interrupt continuity of service; or 7
(d) constitute a retrenchment or redundancy; or 8
(e) entitle the employee to a payment or other benefit 9
merely because he or she is no longer employed in the 10
department. 11
`(3) If the employee is employed on contract, the transfer has 12
effect despite anything in the contract. 13
`(4) On becoming an employee of the board, the employee stops 14
being a public service employee. 15
`(5) Subsection (4) does not apply if the board is a public service 16
office at the time of the transfer and it employs the employee 17
under the Public Service Act 1996. 18
`(6) In this section-- 19
board includes a subsidiary of the board. 20
`31B Transfer of assets and liabilities 21
`(1) This section applies to assets and liabilities of the State that 22
are controlled by the office known as the Government 23
Superannuation Office within the department. 24
`(2) The Minister may, by gazette notice, transfer stated assets and 25
liabilities (the transferred assets and liabilities) to the board. 26
`(3) The gazette notice may identify the transferred assets and 27
liabilities by reference to a register of assets and liabilities 28
approved by the Minister. 29
`(4) On the day the gazette notice takes effect (the effective day)-- 30
(a) the State is divested of the transferred assets and 31
liabilities and the transferred assets and liabilities 32
become the assets and liabilities of the board; and 33
s 27 24 s 27
Superannuation (State Public Sector) Amendment
Bill 2006
(b) contracts, agreements, arrangements and deeds, relating 1
to the transferred assets and liabilities, to which the 2
State is a party, in force immediately before the effective 3
day, are taken to have been entered into by the board and 4
may be enforced against or by the board; and 5
(c) any property relating to the transferred assets and 6
liabilities that, immediately before the effective day, was 7
held on trust, or subject to a condition, by the State 8
continues to be held on the same trust, or subject to the 9
same condition, by the board; and 10
(d) a lease relating to the transferred assets and liabilities 11
granted by, or to, the State, in force immediately before 12
the effective day, is taken to have been granted by, or to, 13
the board; and 14
(e) proceedings by or against the State, or that could have 15
been started by or against the State before the effective 16
day, relating to the transferred assets or liabilities may 17
be continued or started by or against the board. 18
`(5) The transfer of a liability of the State under this section 19
discharges the State from the liability. 20
`(6) The registrar of titles or other person responsible for keeping a 21
register for dealings in property must, if asked by the board, 22
record the vesting of the property under this section in the 23
board. 24
`(7) In this section-- 25
board includes a subsidiary of the board.'. 26
Clause 27 Insertion of new pt 6, div 4 27
Part 6-- 28
insert-- 29
s 27 25 s 27
Superannuation (State Public Sector) Amendment
Bill 2006
`Division 4 Superannuation (State Public 1
Sector) Amendment Act 2006 2
`36 Definitions for div 4 3
`In this division-- 4
commencement day means the day of commencement of the 5
provision in which the term appears. 6
new means as in force from the commencement day. 7
repealed means repealed by the Superannuation (State Public 8
Sector) Amendment Act 2006. 9
`37 Continuation of chief executive as a trustee 10
`(1) The chief executive continues from the commencement day as 11
an employer trustee. 12
`(2) For subsection (1), there is taken to be an appointment of the 13
chief executive under new section 5 (the deemed 14
appointment). 15
`(3) Despite new section 5(8), the deemed appointment is not 16
taken to be for a limited term. 17
`(4) To remove any doubt, it is declared that-- 18
(a) the deemed appointment may be ended under this Act; 19
and 20
21
Example--
22
The chief executive may resign as trustee by signed notice given
23
to the Minister.
(b) the ending of the deemed appointment does not prevent 24
a future appointment of the chief executive as a trustee 25
under new section 5. 26
`(5) The operation of this section is not affected by a change of the 27
individual holding office as the chief executive. 28
s 27 26 s 27
Superannuation (State Public Sector) Amendment
Bill 2006
`38 Continuation of other trustees 1
`(1) An existing appointment continues from the commencement 2
day until the end of the term stated in the existing 3
appointment, unless it ends earlier under this Act. 4
`(2) For subsection (1), the current appointed trustees are taken to 5
have been appointed under new section 5. 6
`(3) A current appointed trustee who was nominated for 7
appointment under repealed section 5(1)(a) is taken to be an 8
employer trustee. 9
`(4) A current appointed trustee who was nominated for 10
appointment under repealed section 5(1)(b) is taken to be a 11
member entity trustee. 12
`(5) In this section-- 13
current appointed trustee means a person holding office as a 14
trustee under an existing appointment. 15
existing appointment means an appointment under repealed 16
section 5 that was in force immediately before the 17
commencement day. 18
`39 Remuneration of trustees 19
`The persons continued in office as trustees under this division 20
continue to be entitled to the remuneration that applied to 21
them immediately before the commencement day under 22
repealed section 9 until the Minister makes a decision under 23
new section 9. 24
`40 Chairperson 25
`(1) The chief executive continues from the commencement day as 26
chairperson. 27
`(2) For subsection (1), there is taken to be an appointment of the 28
chief executive under new section 6D(1) (the deemed 29
appointment). 30
`(3) Despite new section 6D(5), the deemed appointment is not 31
taken to be for a limited term. 32
s 27 27 s 27
Superannuation (State Public Sector) Amendment
Bill 2006
`(4) To remove any doubt, it is declared that-- 1
(a) the deemed appointment may be ended under this Act; 2
and 3
4
Example--
5
The chief executive may resign the office of chairperson by
6
signed notice given to the Minister.
(b) the ending of the deemed appointment does not prevent 7
a future appointment of the chief executive as 8
chairperson under new section 6D. 9
`(5) The operation of this section is not affected by a change of the 10
individual holding office as the chief executive. 11
`41 Transfer of previous executive officer to CEO 12
`(1) To remove any doubt, it is declared that, if the previous 13
executive officer is a public service employee of the 14
department, he or she may be transferred under new section 15
31A to the position of CEO. 16
`(2) In this section-- 17
previous executive officer means the person who, 18
immediately before the commencement day, was the 19
executive officer under repealed section 6D. 20
`42 Other matters relating to the executive officer 21
`(1) A reference in new section 8 to a person who was an official 22
includes a person who was the executive officer at a time 23
before the commencement day. 24
`(2) A reference in new section 30A(2)(a) to the signature of the 25
CEO includes the signature of the executive officer made at a 26
time before the commencement day. 27
`43 QIC continues as investment manager 28
`(1) QIC continues from the commencement day as investment 29
manager of the fund. 30
s 28 28 s 29
Superannuation (State Public Sector) Amendment
Bill 2006
`(2) For subsection (1), QIC is taken to have been appointed under 1
new section 11. 2
`(3) The appointment, to the extent it relates to a defined benefit 3
asset, continues until it is revoked under new section 11A. 4
`(4) Otherwise, the appointment continues until it is revoked by 5
the board.'. 6
Part 3 Amendment of Parliamentary 7
Contributory Superannuation 8
Act 1970 9
Clause 28 Act amended in pt 3 10
This part amends the Parliamentary Contributory 11
Superannuation Act 1970. 12
Clause 29 Amendment of s 10 (Administration) 13
(1) Section 10(1)-- 14
omit, insert-- 15
`(1) The government superannuation officer may provide services 16
to the trustees to help the trustees administer this Act.'. 17
(2) Section 10-- 18
insert-- 19
`(3) In this section-- 20
government superannuation officer means the government 21
superannuation officer under the Superannuation (State 22
Public Sector) Act 1990, section 15I.'. 23
© State of Queensland 2006
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