Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Salaries Legislation Amendment (Salary Sacrifice)
Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO CONSTITUTION ACT 1975 4
3 Salary sacrifice arrangements for Judges of the Supreme
Court 4
4 Salary sacrifice arrangements for acting Judges of the
Supreme Court 5
5 Salary sacrifice arrangements for Masters of the Supreme
Court 7
6 Changes to references to "master" 8
PART 3--AMENDMENTS TO COUNTY COURT ACT 1958 9
7 Salary sacrifice arrangements for judges of the County Court 9
8 Salary sacrifice arrangements for acting judges of the County
Court 10
9 Salary sacrifice arrangements for masters of the County Court 12
10 Changes to references to "master" 13
PART 4--AMENDMENTS TO MAGISTRATES' COURT
ACT 1989 14
11 Salary sacrifice arrangements for magistrates 14
12 Salary sacrifice arrangements for acting magistrates 15
PART 5--AMENDMENT TO VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998 18
13 New section 17A inserted 18
17A Salary sacrifice 18
561310B.I-2/12/2008 i BILL LA INTRODUCTION 2/12/2008
Clause Page
PART 6--AMENDMENTS TO PARLIAMENTARY SALARIES
AND SUPERANNUATION ACT 1968 20
14 New section 7A inserted 20
7A Salary sacrifice 20
15 Application of Consolidated Fund 21
16 Salary sacrifice 22
PART 7--AMENDMENT TO ATTORNEY-GENERAL AND
SOLICITOR-GENERAL ACT 1972 23
17 New section 7 inserted 23
7 Salary sacrifice 23
PART 8--AMENDMENTS TO PUBLIC ADMINISTRATION
ACT 2004 24
18 New section 115A inserted 24
115A Salary sacrifice by office holders 24
19 New Schedule 1A inserted 24
SCHEDULE 1A--Salary Sacrifice by Office Holders 24
1 Definitions 24
2 Application of Schedule 25
3 Salary sacrifice 26
4 Authorisation of past arrangements 27
PART 9--AMENDMENTS TO PUBLIC PROSECUTIONS
ACT 1994 29
20 New section 15A inserted 29
15A Salary sacrifice--Chief Crown Prosecutor 29
21 New section 19A inserted 30
19A Salary sacrifice--Acting Chief Crown Prosecutor 30
22 New section 32A inserted 31
32A Salary sacrifice--Crown Prosecutors 31
23 New section 36BA inserted 33
36BA Salary sacrifice 33
PART 10--REPEAL OF AMENDING ACT 35
24 Repeal of amending Act 35
ENDNOTES 36
561310B.I-2/12/2008 ii BILL LA INTRODUCTION 2/12/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Salaries Legislation Amendment (Salary
Sacrifice) Bill 2008
A Bill for an Act to amend the Constitution Act 1975, the Attorney-
General and Solicitor-General Act 1972, the County Court Act
1958, the Magistrates' Court Act 1989, the Parliamentary Salaries
and Superannuation Act 1968, the Public Administration Act
2004, the Public Prosecutions Act 1994 and the Victorian Civil and
Administrative Tribunal Act 1998 in relation to salary sacrifice and
for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to permit salary sacrifice arrangements by
5 judges and magistrates, masters and
associate judges by amending the
Constitution Act 1975, the County Court
561310B.I-2/12/2008 1 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 1--Preliminary
s. 2
Act 1958 and the Magistrates' Court Act
1989;
(b) to amend the Victorian Civil and
Administrative Tribunal Act 1998 to
5 permit salary sacrifice arrangements by
Tribunal members;
(c) to amend the Parliamentary Salaries and
Superannuation Act 1968 to permit salary
sacrifice arrangements by Members of
10 Parliament;
(d) to amend the Attorney-General and
Solicitor-General Act 1972 to permit salary
sacrifice arrangements by the Solicitor-
General;
15 (e) to amend the Public Administration Act
2004 to permit salary sacrifice arrangements
by public office holders;
(f) to amend the Public Prosecutions Act 1994
to permit salary sacrifice arrangements by
20 Crown Prosecutors;
(g) to validate and save existing salary sacrifice
arrangements entered into by those office
holders.
2 Commencement
25 (1) This Act (except sections 6 and 10) comes into
operation on the day on which it receives the
Royal Assent.
(2) Section 6 comes into operation on the later of--
(a) the day on which this Act receives the Royal
30 Assent; and
(b) the day on which section 9 of the Courts
Legislation Amendment (Associate
Judges) Act 2008 comes into operation.
561310B.I-2/12/2008 2 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 1--Preliminary
s. 2
(3) Section 10 comes into operation on the later of--
(a) the day on which this Act receives the Royal
Assent; and
(b) the day on which section 55 of the Courts
5 Legislation Amendment (Associate
Judges) Act 2008 comes into operation.
__________________
561310B.I-2/12/2008 3 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 2--Amendments to Constitution Act 1975
s. 3
PART 2--AMENDMENTS TO CONSTITUTION ACT 1975
3 Salary sacrifice arrangements for Judges of the
Supreme Court
See: (1) After section 82(3) of the Constitution Act 1975
Act No.
5 8750. insert--
Reprint No. 18
as at "(4) A Judge of the Court may by notice in
31 October
2006
writing to the Attorney-General enter into an
and arrangement under which the Judge agrees to
amending
Act Nos
receive the whole or part of his or her total
10 24/2006, amount of future salary as non-salary
24/2007,
23/2008,
benefits of an equivalent value.
24/2008 and
38/2008. (5) The notice must specify a date from which
LawToday: the arrangement is to take effect which must
www.
legislation. be the date on which the notice is given or a
15 vic.gov.au later date.
(5A) A Judge of the Court may vary or revoke a
notice he or she has given under subsection
(4) by notice in writing to the Attorney-
General.
20 (6) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.".
25 (2) After section 82(6B) of the Constitution Act
1975 insert--
"(6C) An arrangement referred to in subsection (4)
or (7A) does not constitute and is deemed
never to have constituted a reduction in the
30 salary of the Judge of the Court who enters
or entered into the arrangement.".
(3) In section 82(7)(a) of the Constitution Act 1975
after "salaries" insert "(including the amount of
any non-salary benefits)".
561310B.I-2/12/2008 4 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 2--Amendments to Constitution Act 1975
s. 4
(4) After section 82(7) of the Constitution Act 1975
insert--
"(7A) If, before the commencement of section 3 of
the Salaries Legislation Amendment
5 (Salary Sacrifice) Act 2008 (the 2008 Act),
a Judge of the Court entered into an
arrangement under which the Judge agreed
to receive the whole or part of his or her total
amount of salary as a Judge as non-salary
10 benefits of an equivalent value, that
arrangement, by virtue of this subsection, has
and is deemed always to have had full effect
according to its tenor as if it had been
authorised under this section.
15 (7B) On and after the commencement of section 3
of the 2008 Act, an arrangement referred to
in subsection (7A) may only be varied or
revoked in accordance with
subsection (5A).".
20 (5) After section 82(9) of the Constitution Act 1975
insert--
"(10) In subsection (4), non-salary benefits has
the same meaning as it has in clause 3(5) of
Schedule 1A to the Public Administration
25 Act 2004.".
4 Salary sacrifice arrangements for acting Judges of
the Supreme Court
(1) After section 80D(11) of the Constitution Act
1975 insert--
30 "(11A) An acting Judge of the Court may by notice
in writing to the Attorney-General enter into
an arrangement under which the acting Judge
agrees to receive the whole or part of his or
her total amount of future salary (whether or
35 not payable at a sessional rate) as non-salary
benefits of an equivalent value.
561310B.I-2/12/2008 5 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 2--Amendments to Constitution Act 1975
s. 4
(11B) The notice must specify a date from which
the arrangement is to take effect which must
be the date on which the notice is given or a
later date.
5 (11C) An acting Judge of the Court may vary or
revoke a notice he or she has given under
subsection (11A) by notice in writing to the
Attorney-General.
(11D) The notice of variation or revocation must
10 specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.".
(2) In section 80D(14)(a) of the Constitution Act
15 1975 for "amounts payable under this section to"
insert "amounts (including the amount of any
non-salary benefits) payable to or for".
(3) After section 80D(14) of the Constitution Act
1975 insert--
20 "(15) If, before the commencement of section 4 of
the Salaries Legislation Amendment
(Salary Sacrifice) Act 2008 (the 2008 Act),
an acting Judge of the Court entered into an
arrangement under which the acting Judge
25 agreed to receive the whole or part of his or
her total amount of salary (whether or not
payable at a sessional rate) as an acting
Judge as non-salary benefits of an equivalent
value, that arrangement, by virtue of this
30 subsection, has and is deemed always to
have had full effect according to its tenor as
if it had been authorised under this section.
(16) On and after the commencement of section 4
of the 2008 Act, an arrangement referred to
35 in subsection (15) may only be varied or
561310B.I-2/12/2008 6 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 2--Amendments to Constitution Act 1975
s. 5
revoked in accordance with
subsection (11C).
(17) In subsection (11A), non-salary benefits has
the same meaning as it has in clause 3(5) of
5 Schedule 1A to the Public Administration
Act 2004.".
5 Salary sacrifice arrangements for Masters of the
Supreme Court
(1) After section 83A(2) of the Constitution Act
10 1975 insert--
"(2A) A master may by notice in writing to the
Attorney-General enter into an arrangement
under which the master agrees to receive the
whole or part of his or her total amount of
15 future salary as a master as non-salary
benefits of an equivalent value.
(2B) The notice must specify a date from which
the arrangement is to take effect which must
be the date on which the notice is given or a
20 later date.
(2C) A master may vary or revoke a notice he or
she has given under subsection (2A) by
notice in writing to the Attorney-General.
(2D) The notice of variation or revocation must
25 specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.".
(2) After section 83A(3) of the Constitution Act
30 1975 insert--
"(3A) An arrangement referred to in subsection
(2A) or (5) does not constitute and is deemed
never to have constituted a reduction in the
salary of the master who enters or entered
35 into the arrangement.".
561310B.I-2/12/2008 7 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 2--Amendments to Constitution Act 1975
s. 6
(3) In section 83A(4)(a) of the Constitution Act 1975
after "salaries" insert "(including the amount of
any non-salary benefits)".
(4) After section 83A(4) of the Constitution Act
5 1975 insert--
"(5) If, before the commencement of section 5 of
the Salaries Legislation Amendment
(Salary Sacrifice) Act 2008 (the 2008 Act),
a master entered into an arrangement under
10 which the master agreed to receive the whole
or part of his or her total amount of salary as
a master as non-salary benefits of an
equivalent value, that arrangement, by virtue
of this subsection, has and is deemed always
15 to have had full effect according to its tenor
as if it had been authorised under this
section.
(6) On and after the commencement of section 5
of the 2008 Act, an arrangement referred to
20 in subsection (5) may only be varied or
revoked in accordance with subsection (2C).
(7) In subsection (2A) non-salary benefits has
the same meaning as it has in clause 3(5) of
Schedule 1A to the Public Administration
25 Act 2004.".
6 Changes to references to "master"
In section 83A of the Constitution Act 1975--
(a) in subsections (2A) and (2C) for "A master"
substitute "An Associate Judge";
30 (b) in subsection (2A) for "a master" substitute
"an Associate Judge";
(c) in subsections (2A) and (3A) for "the
master" substitute "the Associate Judge".
__________________
561310B.I-2/12/2008 8 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 3--Amendments to County Court Act 1958
s. 7
PART 3--AMENDMENTS TO COUNTY COURT ACT 1958
7 Salary sacrifice arrangements for judges of the
County Court
(1) After section 10(3) of the County Court Act See:
Act No.
5 1958 insert-- 6230.
Reprint No. 12
"(4) A judge may by notice in writing to the as at
28 April 2006
Attorney-General enter into an arrangement and
under which the judge agrees to receive the amending
Act Nos
whole or part of his or her total amount of 22/2007,
10 future salary as a judge as non-salary 50/2007,
24/2007,
benefits of an equivalent value. 26/2007,
28/2007,
(5) The notice must specify a date from which 8/2008,
the arrangement is to take effect which must 23/2008,
24/2008 and
be the date on which the notice is given or a 51/2008.
15 later date. LawToday:
www.
(5A) A judge may vary or revoke a notice he or legislation.
vic.gov.au
she has given under subsection (4) by notice
in writing to the Attorney-General.
(6) The notice of variation or revocation must
20 specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.".
(2) After section 10(6B) of the County Court Act
25 1958 insert--
"(6C) An arrangement referred to in subsection (4)
or (7A) does not constitute and is deemed
never to have constituted a reduction in the
salary of the judge of the Court who enters or
30 entered into the arrangement.".
(3) In section 10(7)(a) of the County Court Act 1958
after "salaries" insert "(including the amount of
any non-salary benefits)".
561310B.I-2/12/2008 9 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 3--Amendments to County Court Act 1958
s. 8
(4) After section 10(7) of the County Court Act
1958 insert--
"(7A) If, before the commencement of section 7 of
the Salaries Legislation Amendment
5 (Salary Sacrifice) Act 2008 (the 2008 Act),
a judge entered into an arrangement under
which the judge agreed to receive the whole
or part of his or her total amount of salary as
a judge as non-salary benefits of an
10 equivalent value, that arrangement, by virtue
of this subsection, has and is deemed always
to have had full effect according to its tenor
as if it had been authorised under this
section.
15 (7B) On and after the commencement of section 7
of the 2008 Act, an arrangement referred to
in subsection (7A) may only be varied or
revoked in accordance with
subsection (5A).".
20 (5) After section 10(9) of the County Court Act
1958 insert--
"(10) In subsection (4), non-salary benefits has
the same meaning as it has in clause 3(5) of
Schedule 1A to the Public Administration
25 Act 2004.".
8 Salary sacrifice arrangements for acting judges of
the County Court
(1) After section 11(11) of the County Court Act
1958 insert--
30 "(11A) An acting judge of the court may by notice in
writing to the Attorney-General enter into an
arrangement under which the acting judge
agrees to receive the whole or part of his or
her total amount of future salary (whether or
35 not payable at a sessional rate) as non-salary
benefits of an equivalent value.
561310B.I-2/12/2008 10 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 3--Amendments to County Court Act 1958
s. 8
(11B) The notice must specify a date from which
the arrangement is to take effect which must
be the date on which the notice is given or a
later date.
5 (11C) An acting judge of the court may vary or
revoke a notice he or she has given under
subsection (11A) by notice in writing to the
Attorney-General.
(11D) The notice of variation or revocation must
10 specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.".
(2) In section 11(14)(a) of the County Court Act
15 1958 for "amounts payable under this section to"
insert "amounts (including the amount of any
non-salary benefits) payable to or for".
(3) After section 11(14) of the County Court Act
1958 insert--
20 "(15) If, before the commencement of section 8 of
the Salaries Legislation Amendment
(Salary Sacrifice) Act 2008 (the 2008 Act),
an acting judge of the court entered into an
arrangement under which the acting judge
25 agreed to receive the whole or part of his or
her total amount of salary (whether or not
payable at a sessional rate) as an acting judge
as non-salary benefits of an equivalent value,
that arrangement, by virtue of this
30 subsection, has and is deemed always to
have had full effect according to its tenor as
if it had been authorised under this section.
(16) On and after the commencement of section 8
of the 2008 Act, an arrangement referred to
35 in subsection (15) may only be varied or
561310B.I-2/12/2008 11 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 3--Amendments to County Court Act 1958
s. 9
revoked in accordance with
subsection (11C).
(17) In subsection (11A), non-salary benefits has
the same meaning as it has in clause 3(5) of
5 Schedule 1A to the Public Administration
Act 2004.".
9 Salary sacrifice arrangements for masters of the
County Court
(1) After section 17AA(2) of the County Court Act
10 1958 insert--
"(2A) A master may by notice in writing to the
Attorney-General enter into an arrangement
under which the master agrees to receive the
whole or part of his or her total amount of
15 future salary as a master as non-salary
benefits of an equivalent value.
(2B) The notice must specify a date from which
the arrangement is to take effect which must
be the date on which the notice is given or a
20 later date.
(2C) A master may vary or revoke a notice he or
she has given under subsection (2A) by
notice in writing to the Attorney-General.
(2D) The notice of variation or revocation must
25 specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.".
(2) After section 17AA(3) of the County Court Act
30 1958 insert--
"(3A) An arrangement referred to in subsection
(2A) or (5) does not constitute and is deemed
never to have constituted a reduction in the
salary of the master who enters or entered
35 into the arrangement.".
561310B.I-2/12/2008 12 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 3--Amendments to County Court Act 1958
s. 10
(3) In section 17AA(4)(a) of the County Court Act
1958 after "salaries" insert "(including the
amount of any non-salary benefits)".
(4) After section 17AA(4) of the County Court Act
5 1958 insert--
"(5) If, before the commencement of section 9 of
the Salaries Legislation Amendment
(Salary Sacrifice) Act 2008 (the 2008 Act),
a master entered into an arrangement under
10 which the master agreed to receive the whole
or part of his or her total amount of salary as
a master as non-salary benefits of an
equivalent value, that arrangement, by virtue
of this subsection, has and is deemed always
15 to have had full effect according to its tenor
as if it had been authorised under this
section.
(6) On and after the commencement of section 9
of the 2008 Act, an arrangement referred to
20 in subsection (5) may only be varied or
revoked in accordance with subsection (2C).
(7) In subsection (2A) non-salary benefits has
the same meaning as it has in clause 3(5) of
Schedule 1A to the Public Administration
25 Act 2004.".
10 Changes to references to "master"
In section 17AA of the County Court Act
1958--
(a) in subsections (2A) and (2C) for "A master"
30 substitute "An associate judge";
(b) in subsection (2A) for "a master" substitute
"an associate judge";
(c) in subsections (2A) and (3A) for "the
master" substitute "the associate judge".
__________________
561310B.I-2/12/2008 13 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 4--Amendments to Magistrates' Court Act 1989
s. 11
PART 4--AMENDMENTS TO MAGISTRATES' COURT
ACT 1989
11 Salary sacrifice arrangements for magistrates
See: (1) After clause 4 of Schedule 1 to the Magistrates'
Act No.
5 51/1989. Court Act 1989 insert--
Reprint No. 14
as at "5. A magistrate may by notice in writing to the
21 August
2008
Attorney-General enter into an arrangement
and under which the magistrate agrees to receive
amending
Act Nos
the whole or part of his or her total amount
10 77/2004, of future salary as a magistrate as non-salary
51/2006,
12/2008,
benefits of an equivalent value.
34/2008,
38/2008, 6. The notice must specify a date from which
52/2008 and the arrangement is to take effect which must
68/2008.
LawToday: be the date on which the notice is given or a
15 www. later date.
legislation.
vic.gov.au 7. A magistrate may vary or revoke a notice he
or she has given under clause 5 by notice in
writing to the Attorney-General.
8. The notice of variation or revocation must
20 specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.".
(2) After clause 9 of Schedule 1 to the Magistrates'
25 Court Act 1989 insert--
"9A. An arrangement referred to in clause 5
or 10A does not constitute and is deemed
never to have constituted a reduction in the
salary of the magistrate who enters or
30 entered into the arrangement.".
(3) In clause 10(a) of Schedule 1 to the Magistrates'
Court Act 1989 after "salaries" insert "(including
the amount of any non-salary benefits)".
561310B.I-2/12/2008 14 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 4--Amendments to Magistrates' Court Act 1989
s. 12
(4) After clause 10 of Schedule 1 to the Magistrates'
Court Act 1989 insert--
"10A. If, before the commencement of section 11
the Salaries Legislation Amendment
5 (Salary Sacrifice) Act 2008 (the 2008 Act),
a magistrate entered into an arrangement
under which the magistrate agreed to receive
the whole or part of his or her total amount
of salary as a magistrate as non-salary
10 benefits of an equivalent value, that
arrangement, by virtue of this clause, has and
is deemed always to have had full effect
according to its tenor as if it had been
authorised under clause 5.
15 10B. On and after the commencement of
section 11 of the 2008 Act, an arrangement
referred to in clause 10A may only be varied
or revoked in accordance with clause 7.
10C. In clause 5, non-salary benefits has the same
20 meaning as it has in clause 3(5) of
Schedule 1A to the Public Administration
Act 2004.".
12 Salary sacrifice arrangements for acting magistrates
(1) After clause 11C of Schedule 1 to the
25 Magistrates' Court Act 1989 insert--
"11D. An acting magistrate may by notice in
writing to the Attorney-General enter into an
arrangement under which the acting
magistrate agrees to receive the whole or part
30 of his or her total amount of future
remuneration (whether or not payable at a
sessional rate) as non-salary benefits of an
equivalent value.
561310B.I-2/12/2008 15 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 4--Amendments to Magistrates' Court Act 1989
s. 12
11E. The notice must specify a date from which
the arrangement is to take effect which must
be the date on which the notice is given or a
later date.
5 11F. An acting magistrate may vary or revoke a
notice he or she has given under clause 11D
by notice in writing to the Attorney-General.
11G. The notice of variation or revocation must
specify a date from which the variation or
10 revocation is to take effect which must be the
date on which the notice is given or a later
date.".
(2) In clause 12 of Schedule 1 to the Magistrates'
Court Act 1989 after "remuneration" insert
15 "(including the amount of any non-salary
benefits)".
(3) After clause 12 of Schedule 1 to the Magistrates'
Court Act 1989 insert--
"13. If, before the commencement of section 12
20 of the Salaries Legislation Amendment
(Salary Sacrifice) Act 2008 (the 2008 Act),
an acting magistrate entered into an
arrangement under which the acting
magistrate agreed to receive the whole or
25 part of his or her total amount of salary
(whether or not payable at a sessional rate)
as an acting magistrate as non-salary benefits
of an equivalent value, that arrangement, by
virtue of this clause, has and is deemed
30 always to have had full effect according to
its tenor as if it had been authorised under
clause 11D.
14. On and after the commencement of
section 12 of the 2008 Act, an arrangement
35 referred to in clause 13 may only be varied
or revoked in accordance with clause 11F.
561310B.I-2/12/2008 16 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 4--Amendments to Magistrates' Court Act 1989
s. 12
15. In clause 11D, non-salary benefits has the
same meaning as it has in clause 3(5) of
Schedule 1A to the Public Administration
Act 2004.".
__________________
561310B.I-2/12/2008 17 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 5--Amendment to Victorian Civil and Administrative Tribunal Act
s. 13
1998
PART 5--AMENDMENT TO VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998
13 New section 17A inserted
See: After section 17 of the Victorian Civil and
Act No.
5 53/1998. Administrative Tribunal Act 1998 insert--
Reprint No. 5
as at "17A Salary sacrifice
1 April 2007
and (1) A member may by notice in writing to the
amending
Act Nos Attorney-General enter into an arrangement
97/2005, under which the member agrees to receive
16/2006,
10 23/2006, the whole or part of his or her total amount
24/2006, of future remuneration as a member as non-
48/2006,
69/2006, salary benefits of an equivalent value.
24/2007,
26/2007, (2) The notice must specify a date from which
28/2007,
4/2008,
the arrangement is to take effect which must
15 44/2008, be the date on which the notice is given or a
46/2008,
52/2008 and
later date.
67/2008.
LawToday:
(3) A member may vary or revoke a notice he or
www. she has given under subsection (1) by notice
legislation.
vic.gov.au
in writing to the Attorney-General.
20 (4) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.
25 (5) If, before the commencement of section 13
of the Salaries Legislation Amendment
(Salary Sacrifice) Act 2008 (the 2008 Act),
a member entered into an arrangement under
which the member agreed to receive the
30 whole or part of his or her total amount of
salary as a member as non-salary benefits of
an equivalent value, that arrangement, by
virtue of this subsection, has and is deemed
always to have had full effect according to
561310B.I-2/12/2008 18 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 5--Amendment to Victorian Civil and Administrative Tribunal Act
s. 13
1998
its tenor as if it had been authorised under
this section.
(6) On and after the commencement of
section 13 of the 2008 Act, an arrangement
5 referred to in subsection (5) may only be
varied or revoked in accordance with
subsection (3).
(7) In subsection (1), non-salary benefits has
the same meaning as it has in clauses 3(5)
10 and 3(6) of Schedule 1A to the Public
Administration Act 2004.".
__________________
561310B.I-2/12/2008 19 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 6--Amendments to Parliamentary Salaries and Superannuation Act 1968
s. 14
PART 6--AMENDMENTS TO PARLIAMENTARY SALARIES
AND SUPERANNUATION ACT 1968
14 New section 7A inserted
See: After section 7 of the Parliamentary Salaries
Act No.
5 7723. and Superannuation Act 1968 insert--
Reprint No. 9
as at "7A Salary sacrifice
1 December
2005 (1) A member may by notice in writing enter
and
amending into an arrangement under which the
Act Nos member agrees to receive the whole or part
97/2005,
10 4/2007, of his or her total amount of future
41/2007 and remuneration as non-salary benefits of an
12/2008.
LawToday: equivalent value.
www.
legislation. (2) The notice must specify a date from which
vic.gov.au the arrangement is to take effect which must
15 be the date on which the notice is given or a
later date.
(3) A member may by notice in writing vary or
revoke a notice he or she has given under
subsection (1).
20 (4) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.
25 (5) A notice under this section must be given
to--
(a) in relation to a person who is a member
of the Legislative Assembly, the Clerk
of the Legislative Assembly; and
30 (b) in relation to a person who is a member
of the Legislative Council, the Clerk of
the Legislative Council.
561310B.I-2/12/2008 20 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 6--Amendments to Parliamentary Salaries and Superannuation Act 1968
s. 15
(6) This section does not apply to permit an
arrangement under this section to salary
sacrifice contributions--
(a) to the Parliamentary Contributory
5 Superannuation Fund; or
(b) to the chosen fund or default fund
under Part 4.
(7) If, before the commencement of section 14
of the Salaries Legislation Amendment
10 (Salary Sacrifice) Act 2008 (the 2008 Act),
a member entered into an arrangement under
which the member agreed to receive the
whole or part of his or her total amount of
salary as a member as non-salary benefits of
15 an equivalent value, that arrangement, by
virtue of this subsection, has and is deemed
always to have had full effect according to
its tenor as if it had been authorised under
this section.
20 (8) On and after the commencement of
section 14 of the 2008 Act, an arrangement
referred to in subsection (7) may only be
varied or revoked in accordance with
subsection (3).
25 (9) In subsection (1), non-salary benefits has
the same meaning as it has in clauses 3(5)
and 3(6) of Schedule 1A to the Public
Administration Act 2004.".
15 Application of Consolidated Fund
30 In section 9(1) of the Parliamentary Salaries
and Superannuation Act 1968, after "Part"
insert "(including the amount of any non-salary
benefits and any amount salary sacrificed under
Part 4)".
561310B.I-2/12/2008 21 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 6--Amendments to Parliamentary Salaries and Superannuation Act 1968
s. 16
16 Salary sacrifice
(1) In sections 41(1) and 41(6) of the Parliamentary
Salaries and Superannuation Act 1968, omit
"signed by the member".
5 (2) For section 41(2) of the Parliamentary Salaries
and Superannuation Act 1968 substitute--
"(2) An election under subsection (1) can only be
made in respect of a member's future
parliamentary salary.".
10 (3) For section 41(3)(a) of the Parliamentary
Salaries and Superannuation Act 1968
substitute--
"(a) specify an amount of his or her
parliamentary salary, which must not exceed
15 50% of that salary, which is to be used to
make member contributions;".
(4) For section 41(8) of the Parliamentary Salaries
and Superannuation Act 1968 substitute--
"(8) The member may revoke a notice he or she
20 has given under subsection (1) by notice in
writing given to the administering
authority.".
(5) After section 41(10) of the Parliamentary
Salaries and Superannuation Act 1968 insert--
25 "(11) An election made by a member under this
section as in force before the commencement
of section 16 of the Salaries Legislation
Amendment (Salary Sacrifice) Act 2008 is
deemed to have and always to have had full
30 effect according to its tenor as if it had been
made under this section as amended by that
section 16.".
__________________
561310B.I-2/12/2008 22 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 7--Amendment to Attorney-General and Solicitor-General Act 1972
s. 17
PART 7--AMENDMENT TO ATTORNEY-GENERAL AND
SOLICITOR-GENERAL ACT 1972
17 New section 7 inserted
After section 6 of the Attorney-General and See:
Act No.
5 Solicitor-General Act 1972 insert-- 8305.
Reprint No. 2
"7 Salary sacrifice as at
17 June 2003
(1) The Solicitor-General may by notice in and
amending
writing to the Attorney-General enter into an Act Nos
arrangement under which the Solicitor- 79/2006 and
23/2008.
10 General agrees to receive the whole or part LawToday:
of his or her total amount of future salary as www.
legislation.
non-salary benefits of an equivalent value. vic.gov.au
(2) The notice must specify a date from which
the arrangement is to take effect which must
15 be the date on which the notice is given or a
later date.
(3) A member may vary or revoke a notice he or
she has given under subsection (1) by notice
in writing to the Attorney-General.
20 (4) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.
25 (5) In this section non-salary benefits has the
same meaning as it has in clauses 3(5) and
3(6) of Schedule 1A to the Public
Administration Act 2004.".
__________________
561310B.I-2/12/2008 23 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 8--Amendments to Public Administration Act 2004
s. 18
PART 8--AMENDMENTS TO PUBLIC ADMINISTRATION
ACT 2004
18 New section 115A inserted
See: After section 115 of the Public Administration
Act No.
5 108/2004. Act 2004 insert--
Reprint No. 1
as at "115A Salary sacrifice by office holders
11 October
2006 Schedule 1A has effect.
and
amending
Act Nos
23/2006,
24/2006,
43/2006,
28/2007,
58/2007,
4/2008 and
24/2008.
LawToday:
www.
legislation.
vic.gov.au
19 New Schedule 1A inserted
After Schedule 1 to the Public Administration
10 Act 2004 insert--
"SCHEDULE 1A
SALARY SACRIFICE BY OFFICE HOLDERS
1 Definitions
(1) In this Schedule--
15 commencement day means the date of
commencement of section 18 of the
Salaries Legislation Amendment
(Salary Sacrifice) Act 2008;
561310B.I-2/12/2008 24 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 8--Amendments to Public Administration Act 2004
s. 19
office holder means--
(a) a prerogative officer holder
appointed by the Governor in
Council under section 88 of the
5 Constitution Act 1975;
(b) a person appointed to a public
office whose remuneration is--
(i) fixed by the Act establishing
the office;
10 (ii) fixed in the person's
instrument of appointment or
determined from time to time
in accordance with that
instrument;
15 (iii) fixed or determined by the
Governor in Council
(whether at the time of
appointment or from time to
time);
20 (iv) fixed by a Minister (whether
at the time of appointment or
from time to time);
relevant Minister in relation to an office
holder means the Minister
25 administering the Act under which the
office holder is appointed;
remuneration includes salary or fee.
2 Application of Schedule
This Schedule does not apply to--
30 (a) a judge or acting judge;
(b) a magistrate or acting magistrate;
(c) a master or Associate Judge of the
Supreme Court;
561310B.I-2/12/2008 25 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 8--Amendments to Public Administration Act 2004
s. 19
(d) a master or associate judge of the
County Court;
(e) a member of the Victorian Civil and
Administrative Tribunal;
5 (f) the Solicitor-General;
(g) the Auditor-General;
(h) the Director of Public Prosecutions;
(i) the Chief Crown Prosecutor, an Acting
Chief Crown Prosecutor, a Crown
10 Prosecutor or an Associate Crown
Prosecutor.
3 Salary sacrifice
(1) An office holder may by notice in writing to
the relevant Minister enter into an
15 arrangement under which the office holder
agrees to receive the whole or part of his or
her total amount of future remuneration as
non-salary benefits of an equivalent value.
(2) The notice must specify a date from which
20 the arrangement is to take effect which must
be the date on which the notice is given or a
later date.
(3) An office holder may vary or revoke a notice
he or she has given under subclause (1) by
25 notice in writing to the relevant Minister.
(4) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
30 date.
(5) In this clause, non-salary benefits means
superannuation contributions or other
benefits of a kind that could be the subject of
a salary sacrifice arrangement under the rules
561310B.I-2/12/2008 26 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 8--Amendments to Public Administration Act 2004
s. 19
or arrangements applying to salary sacrifice
by an executive but does not include--
(a) superannuation contributions to a
superannuation fund established by or
5 under an Act unless that Act expressly
authorises such an arrangement; or
(b) superannuation contributions to a
superannuation fund unless--
(i) the fund will accept the
10 contributions; and
(ii) the fund is a complying
superannuation fund within the
meaning of section 45 of the
Superannuation Industry
15 (Supervision) Act 1993 of the
Commonwealth.
(6) For the purposes of this clause, in subclause
(5) non-salary benefits includes any taxes,
costs or charges associated with the salary
20 sacrifice arrangement.
4 Authorisation of past arrangements
(1) This clause applies to an office holder who,
before the commencement day, entered into
an arrangement under which the office
25 holder agreed to receive the whole or part of
his or her total amount of remuneration as
non-salary benefits of an equivalent value.
(2) An arrangement referred to in subclause (1),
by virtue of this subclause, has and is
30 deemed always to have had full effect
according to its tenor as if it had been
authorised under clause 3.
561310B.I-2/12/2008 27 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 8--Amendments to Public Administration Act 2004
s. 19
(3) On and after the commencement day, an
arrangement referred to in subclause (1) may
only be varied or revoked in accordance with
clause 3.
5 __________________".
__________________
561310B.I-2/12/2008 28 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 9--Amendments to Public Prosecutions Act 1994
s. 20
PART 9--AMENDMENTS TO PUBLIC PROSECUTIONS
ACT 1994
20 New section 15A inserted
After section 15 of the Public Prosecutions Act See:
Act No.
5 1994 insert-- 43/1994.
Reprint No. 3
"15A Salary sacrifice--Chief Crown Prosecutor as at
21 March
(1) The Chief Crown Prosecutor may by notice 2007
and
in writing to the Attorney-General enter into amending
an arrangement under which the Chief Act No.
23/2008.
10 Crown Prosecutor agrees to receive the LawToday:
whole or part of his or her total amount of www.
legislation.
future salary as a Chief Crown Prosecutor as vic.gov.au
non-salary benefits of an equivalent value.
(2) The notice must specify a date from which
15 the arrangement is to take effect which must
be the date on which the notice is given or a
later date.
(3) The Chief Crown Prosecutor may vary or
revoke a notice he or she has given under
20 subsection (1) by notice in writing to the
Attorney-General.
(4) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be the
25 date on which the notice is given or a later
date.
(5) If, before the commencement of section 20
of the Salaries Legislation Amendment
(Salary Sacrifice) Act 2008 (the 2008 Act),
30 a Chief Crown Prosecutor entered into an
arrangement under which the Chief Crown
Prosecutor agreed to receive the whole or
part of his or her total amount of salary as
Chief Crown Prosecutor as non-salary
561310B.I-2/12/2008 29 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 9--Amendments to Public Prosecutions Act 1994
s. 21
benefits of an equivalent value, that
arrangement, by virtue of this subsection, has
and is deemed always to have had full effect
according to its tenor as if it had been
5 authorised under this section.
(6) On and after the commencement of
section 20 of the 2008 Act, an arrangement
referred to in subsection (5) may only be
varied or revoked in accordance with
10 subsection (3).
(7) In subsection (1) non-salary benefits has the
same meaning as it has in clauses 3(5) and
3(6) of Schedule 1A to the Public
Administration Act 2004.".
15 21 New section 19A inserted
After section 19 of the Public Prosecutions Act
1994 insert--
"19A Salary sacrifice--Acting Chief Crown
Prosecutor
20 (1) An Acting Chief Crown Prosecutor may by
notice in writing to the Attorney-General
enter into an arrangement under which the
Acting Chief Crown Prosecutor agrees to
receive the whole or part of his or her total
25 amount of future remuneration as Acting
Chief Crown Prosecutor as non-salary
benefits of an equivalent value.
(2) The notice must specify a date from which
the arrangement is to take effect which must
30 be the date on which the notice is given or a
later date.
(3) An Acting Chief Crown Prosecutor may vary
or revoke a notice he or she has given under
subsection (1) by notice in writing to the
35 Attorney-General.
561310B.I-2/12/2008 30 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 9--Amendments to Public Prosecutions Act 1994
s. 22
(4) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
5 date.
(5) If, before the commencement of section 21
of the Salaries Legislation Amendment
(Salary Sacrifice) Act 2008 (the 2008 Act),
an Acting Chief Crown Prosecutor entered
10 into an arrangement under which the Acting
Chief Crown Prosecutor agreed to receive
the whole or part of his or her total amount
of remuneration as Acting Chief Crown
Prosecutor as non-salary benefits of an
15 equivalent value, that arrangement, by virtue
of this subsection, has and is deemed always
to have had full effect according to its tenor
as if it had been authorised under this
section.
20 (6) On and after the commencement of
section 21 of the 2008 Act, an arrangement
referred to in subsection (5) may only be
varied or revoked in accordance with
subsection (3).
25 (7) In subsection (1) non-salary benefits has the
same meaning as it has in clauses 3(5) and
3(6) of Schedule 1A to the Public
Administration Act 2004.".
22 New section 32A inserted
30 After section 32 of the Public Prosecutions Act
1994 insert--
"32A Salary sacrifice--Crown Prosecutors
(1) A Crown Prosecutor may by notice in
writing to the Attorney-General enter into an
35 arrangement under which the Crown
Prosecutor agrees to receive the whole or
561310B.I-2/12/2008 31 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 9--Amendments to Public Prosecutions Act 1994
s. 22
part of his or her total amount of future
remuneration as Crown Prosecutor as non-
salary benefits of an equivalent value.
(2) The notice must specify a date from which
5 the arrangement is to take effect which must
be the date on which the notice is given or a
later date.
(3) A Crown Prosecutor may vary or revoke a
notice he or she has given under subsection
10 (1) by notice in writing to the Attorney-
General.
(4) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be the
15 date on which the notice is given or a later
date.
(5) If, before the commencement of section 22
of the Salaries Legislation Amendment
(Salary Sacrifice) Act 2008 (the 2008 Act),
20 a Crown Prosecutor entered into an
arrangement under which the Crown
Prosecutor agreed to receive the whole or
part of his or her total amount of
remuneration as a Crown Prosecutor as non-
25 salary benefits of an equivalent value, that
arrangement, by virtue of this subsection, has
and is deemed always to have had full effect
according to its tenor as if it had been
authorised under this section.
30 (6) On and after the commencement of
section 22 of the 2008 Act, an arrangement
referred to in subsection (5) may only be
varied or revoked in accordance with
subsection (3).
561310B.I-2/12/2008 32 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 9--Amendments to Public Prosecutions Act 1994
s. 23
(7) In subsection (1) non-salary benefits has the
same meaning as it has in clauses 3(5) and
3(6) of Schedule 1A to the Public
Administration Act 2004.".
5 23 New section 36BA inserted
After section 36B of the Public Prosecutions Act
1994 insert--
"36BA Salary sacrifice
(1) An Associate Crown Prosecutor may by
10 notice in writing to the Attorney-General
enter into an arrangement under which the
Associate Crown Prosecutor agrees to
receive the whole or part of his or her total
amount of future remuneration as Associate
15 Crown Prosecutor as non-salary benefits of
an equivalent value.
(2) The notice must specify a date from which
the arrangement is to take effect which must
be the date on which the notice is given or a
20 later date.
(3) An Associate Crown Prosecutor may vary or
revoke a notice he or she has given under
subsection (1) by notice in writing to the
Attorney-General.
25 (4) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be the
date on which the notice is given or a later
date.
30 (5) If, before the commencement of section 23
of the Salaries Legislation Amendment
(Salary Sacrifice) Act 2008 (the 2008 Act),
an Associate Crown Prosecutor entered into
an arrangement under which the Associate
35 Crown Prosecutor agreed to receive the
whole or part of his or her total amount of
561310B.I-2/12/2008 33 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 9--Amendments to Public Prosecutions Act 1994
s. 23
remuneration as Associate Crown Prosecutor
as non-salary benefits of an equivalent value,
that arrangement, by virtue of this
subsection, has and is deemed always to
5 have had full effect according to its tenor as
if it had been authorised under this section.
(6) On and after the commencement of
section 23 of the 2008 Act, an arrangement
referred to in subsection (5) may only be
10 varied or revoked in accordance with
subsection (3).
(7) In subsection (1), non-salary benefits has
the same meaning as it has in clauses 3(5)
and 3(6) of Schedule 1A to the Public
15 Administration Act 2004.".
__________________
561310B.I-2/12/2008 34 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Part 10--Repeal of Amending Act
s. 24
PART 10--REPEAL OF AMENDING ACT
24 Repeal of amending Act
This Act is repealed on the first anniversary of the
day on which all of its provisions are in operation.
5 Note
The repeal this Act does not affect the continuing operation of the
amendments made by it (see section 15(1) of the Interpretation of
Legislation Act 1984).
561310B.I-2/12/2008 35 BILL LA INTRODUCTION 2/12/2008
Salaries Legislation Amendment (Salary Sacrifice) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561310B.I-2/12/2008 36 BILL LA INTRODUCTION 2/12/2008
[Index] [Search] [Download] [Related Items] [Help]