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TASMANIA
__________
GOVERNOR OF TASMANIA AMENDMENT
BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 amended (Salary of Governor)
6. Section 6 amended (Governor's pension)
7. Section 6C amended (Increases in annual pension)
8. Section 8 amended (Supplementary provisions relating to
officers)
9. Section 9 amended (Appointment of other employees)
[Bill 56]-I
2
GOVERNOR OF TASMANIA AMENDMENT
BILL 2003
(Brought in by the Premier, the Honourable James
Alexander Bacon)
A BILL FOR
An Act to amend the Governor of Tasmania Act 1982
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Governor of Tasmania
Amendment Act 2003.
Commencement
2. This Act commences on a day to be proclaimed.
Principal Act
3. In this Act, the Governor of Tasmania Act 1982* is
referred to as the Principal Act.
*No. 26 of 1982
[Bill 56] 3
s. 4 No. Governor of Tasmania Amendment 2003
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "Administrator":
"Chief Justice" means the Chief
Justice of the Supreme Court of
Tasmania;
(b) by inserting the following definition after the
definition of "complying superannuation
scheme":
"contributory scheme" means the
superannuation arrangements
established by Part 4 of the
Retirement Benefits Regulations
1994;
Section 4 amended (Salary of Governor)
5. Section 4(1) of the Principal Act is amended by omitting
"70%" and substituting "126%".
Section 6 amended (Governor's pension)
6. Section 6 of the Principal Act is amended as follows:
(a) by omitting from subsection (1A) "of five-
sevenths of the rate at which the salary of the
Governor is payable for the time being or, if
the office of Governor" and substituting "of
one-half of the rate at which the salary of the
Chief Justice is payable for the time being or,
if the office of Chief Justice";
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2003 Governor of Tasmania Amendment No. s. 7
(b) by omitting from subsection (2) "subsection
(1)" and substituting "subsection (1A)";
(c) by omitting from subsection (2) "three-
sevenths" and substituting "60%";
(d) by omitting from subsection (2) "salary" and
substituting "pension";
(e) by omitting from subsection (2) "or, if the office
of Governor is vacant, would be so payable if
that office were not vacant" and substituting
"under subsection (1A)";
(f) by omitting from subsection (5) "subsection
(1)" and substituting "subsection (1A)".
Section 6C amended (Increases in annual pension)
7. Section 6C of the Principal Act is amended by omitting
the definitions of "A" and "B" and substituting the
following definitions:
"A" is the salary being paid to the current Chief
Justice;
"B" is the salary paid to the current Chief Justice
immediately before the increase.
Section 8 amended (Supplementary provisions
relating to officers)
8. Section 8 of the Principal Act is amended as follows:
(a) by omitting from subsection (3) "and the
Retirement Benefits Act 1993";
(b) by inserting the following subsections after
subsection (3):
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s. 8 No. Governor of Tasmania Amendment 2003
(4) An officer holding appointment
under section 7
(a) is not eligible to become a member
of the contributory scheme; and
(b) subject to subsections (6) and (7),
is to be a member of the
accumulation scheme.
(5) The Public Sector Superannuation
Reform Act 1999 extends to an officer holding
appointment under section 7 as if he or she
were an employee for the purposes of that Act.
(6) The Official Secretary may elect, by
notice in writing given to the Secretary, either
before or after commencing the duties of that
office, to become a member of a complying
superannuation scheme other than the
accumulation scheme.
(7) An officer, other than the Official
Secretary, may elect, by notice in writing given
to the Official Secretary, either before or after
commencing the duties of his or her office, to
become a member of a complying
superannuation scheme other than the
accumulation scheme.
(8) An officer holding appointment
under section 7 is entitled to employer
superannuation contributions at the rate
specified in the Public Sector Superannuation
Reform Act 1999.
(9) Subsections (4), (5), (6), (7) and (8) do
not apply to a person who, immediately before
holding appointment under section 7, was a
member of the contributory scheme.
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2003 Governor of Tasmania Amendment No. s. 9
(10) Where an election is made under
subsection (6), the Secretary is not required to
pay superannuation contributions into a
complying superannuation scheme if that
scheme does not accept payments by electronic
funds transfer.
(11) Where an election is made under
subsection (7), the Official Secretary is not
required to pay superannuation contributions
into a complying superannuation scheme if
that scheme does not accept payments by
electronic funds transfer.
Section 9 amended (Appointment of other
employees)
9. Section 9 of the Principal Act is amended by inserting
after subsection (3) the following subsections:
(4) A person appointed and employed under
subsection (1)
(a) is not eligible to become a member of the
contributory scheme; and
(b) subject to subsection (6), is to be a
member of the accumulation scheme.
(5) The Public Sector Superannuation Reform
Act 1999 extends to a person appointed and
employed under subsection (1) as if he or she were
an employee for the purposes of that Act.
(6) A person appointed and employed under
subsection (1) may elect, by notice in writing given to
the Official Secretary, either before or after
commencing the duties of that office, to become a
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s. 9 No. Governor of Tasmania Amendment 2003
member of a complying superannuation scheme
other than the accumulation scheme.
(7) A person appointed and employed under
subsection (1) is entitled to employer
superannuation contributions at the rate specified in
the Public Sector Superannuation Reform Act 1999.
(8) Subsections (4), (5), (6) and (7) do not apply
to a person who, immediately before his or her
appointment and employment under subsection (1),
was a member of the contributory scheme.
(9) Where an election is made under
subsection (6), the Official Secretary is not required
to pay superannuation contributions into a
complying superannuation scheme if that scheme
does not accept payments by electronic funds
transfer.
8 Government Printer, Tasmania