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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Superannuation Legislation Amendment and
Validation Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Parliamentary
Superannuation
Act 1970 amended
3. The Act amended in this Part 3
4. Section 28 amended 3
Part 3 -- State Superannuation
Act 2000 amended
5. The Act amended in this Part 5
6. Section 3 amended 5
7. Section 6 amended 5
8. Section 7 amended 6
9. Sections 7A and 7B inserted 6
7A. Formation or acquisition of subsidiary 6
7B. Control of subsidiary 7
10. Section 15 amended 8
11. Section 28 amended 8
12. Section 33 amended 9
13. Section 36 amended 9
14. Section 38 amended 9
15. Section 40 inserted 11
40. Inconsistent written laws 11
16. Schedule 3 inserted 11
133--1 page i
Superannuation Legislation Amendment and Validation Bill 2006
Contents
Schedule 3 -- Provisions to be included in
constitution of subsidiary
1. Definition 11
2. Disposal of shares 11
3. Directors 11
4. Further shares 12
5. Alteration of constitution 12
6. Subsidiaries of subsidiary 12
Part 4 -- Validation provisions
17. Validation of certain payments 13
18. Validation of contributions made for visiting
medical practitioners 14
19. Validation of statutory membership of workers
who ceased to be excluded 15
20. Validation of certain things done under the
Superannuation and Family Benefits Act 1938 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Superannuation Legislation Amendment and
Validation Bill 2006
A Bill for
An Act to --
x amend the Parliamentary Superannuation Act 1970 and the State
Superannuation Act 2000; and
x validate certain things done under the State Superannuation
Act 2000, the Government Employees Superannuation Act 1987
and the Superannuation and Family Benefits Act 1938.
The Parliament of Western Australia enacts as follows:
page 1
Superannuation Legislation Amendment and Validation Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Superannuation Legislation Amendment and
Validation Act 2006.
5 2. Commencement
This Act comes into operation on the day on which it receives the
Royal Assent.
page 2
Superannuation Legislation Amendment and Validation Bill 2006
Parliamentary Superannuation Act 1970 amended Part 2
s. 3
Part 2 -- Parliamentary Superannuation
Act 1970 amended
3. The Act amended in this Part
The amendments in this Part are to the Parliamentary
5 Superannuation Act 1970*.
[* Reprint 3 as at 4 April 2003.]
4. Section 28 amended
(1) Section 28(3) is amended as follows:
(a) after paragraph (i) by inserting the following
10 paragraph --
"
(ia) things that may be done to satisfy the
requirements of Division 2.2 of the Family Law
(Superannuation) Regulations 2001 of the
15 Commonwealth;
";
(b) in paragraph (j) by deleting "(i)" and inserting
instead --
" (ia) ".
20 (2) After section 28(4) the following subsections are inserted --
"
(5) Subsection (4) does not prevent the making of a
determination that reduces or provides for the reduction
of any benefits to which a member or former member
25 is or will become entitled if --
(a) a superannuation agreement, flag lifting
agreement or splitting order is in force in
respect of the member or former member; and
page 3
Superannuation Legislation Amendment and Validation Bill 2006
Part 2 Parliamentary Superannuation Act 1970 amended
s. 4
(b) the reduction does not reduce those benefits to
less than the member's or former member's
entitlement under the agreement or order.
(6) In subsection (5), "flag lifting agreement", "splitting
5 order" and "superannuation agreement" each have
the meaning given to them in section 90MD of the
Family Law Act 1975 of the Commonwealth.
".
page 4
Superannuation Legislation Amendment and Validation Bill 2006
State Superannuation Act 2000 amended Part 3
s. 5
Part 3 -- State Superannuation Act 2000 amended
5. The Act amended in this Part
The amendments in this Part are to the State Superannuation
Act 2000*.
5 [* Act No. 42 of 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 431.]
6. Section 3 amended
(1) Section 3(1) is amended by inserting after the definition of
10 "scheme" --
"
"subsidiary" means a body determined under
subsection (3) to be a subsidiary of the Board;
".
15 (2) After section 3(2) the following subsection is inserted --
"
(3) Part 1.2 Division 6 of the Corporations Act 2001 of the
Commonwealth applies for the purpose of determining
whether a body is a subsidiary of the Board.
20 ".
7. Section 6 amended
Section 6(1) is amended as follows:
(a) after each of paragraphs (a), (b), (c) and (d) by
inserting --
25 " and ";
page 5
Superannuation Legislation Amendment and Validation Bill 2006
Part 3 State Superannuation Act 2000 amended
s. 8
(b) by deleting paragraph (e), and "and" after it, and
inserting instead --
"
(e) provide, or facilitate the provision of, products
5 and services to --
(i) members of superannuation schemes
administered by the Board under this
Act or any other written law; and
(ii) Employers;
10 and
".
8. Section 7 amended
Section 7(2) is amended as follows:
(a) after each of paragraphs (a), (b), (d) and (e) by
15 inserting --
" and ";
(b) after paragraph (c) by inserting --
"
and
20 (ca) subject to section 7A, form or acquire a
subsidiary for the purpose of performing the
function referred to in section 6(1)(e); and
".
9. Sections 7A and 7B inserted
25 After section 7 the following sections are inserted --
"
7A. Formation or acquisition of subsidiary
(1) The Board must obtain the approval of the Minister
before it forms or acquires a subsidiary.
page 6
Superannuation Legislation Amendment and Validation Bill 2006
State Superannuation Act 2000 amended Part 3
s. 9
(2) The Minister must not give approval under
subsection (1) except with the Treasurer's concurrence.
(3) When seeking approval under subsection (1) the Board
must give to the Minister a copy of the subsidiary's
5 constitution or proposed constitution, as the case
requires.
7B. Control of subsidiary
(1) In this section --
"Corporations Act" means the Corporations Act 2001
10 of the Commonwealth.
(2) The Board must ensure that the constitution of every
subsidiary of the Board that under a written law or the
Corporations Act is required to have a constitution --
(a) contains provisions to the effect of those
15 required by Schedule 3; and
(b) is consistent with this Act; and
(c) is not amended in a way that makes it
inconsistent with this Act.
(3) A director or a member of the staff of the Board may
20 with the approval of the Board become a director of a
company that is or is to be a subsidiary of the Board.
(4) The provisions of this Act prevail to the extent of any
inconsistency with the constitution of any subsidiary of
the Board.
25 (5) Neither --
(a) subsection (2); nor
(b) provisions referred to in subsection (2)(a)
included in the constitution of a subsidiary,
make the Board or the Minister a director of a
30 subsidiary for the purposes of the Corporations Act.
page 7
Superannuation Legislation Amendment and Validation Bill 2006
Part 3 State Superannuation Act 2000 amended
s. 10
(6) Subsections (2) to (5) and Schedule 3 are declared to
be Corporations legislation displacement provisions for
the purposes of section 5G of the Corporations Act in
relation to the Corporations legislation as defined in
5 section 9 of the Corporations Act.
".
10. Section 15 amended
(1) Section 15(1)(b) is amended by deleting "in respect of
Members".
10 (2) Section 15(2) is amended as follows:
(a) after paragraph (a) by inserting --
" and ";
(b) before paragraph (c) by inserting --
"
15 (ba) expenditure relating to the establishment of a
subsidiary under section 7(2)(ca); and
".
11. Section 28 amended
(1) Section 28(2) is repealed and the following subsection is
20 inserted instead --
"
(2) A scheme, other than a scheme continued by
section 29(b), (c) or (d), may provide for the spouses or
former spouses of --
25 (a) persons who are working, or have worked, for
Employers; or
(b) persons who are, or will become, entitled to
benefits under the Parliamentary
Superannuation Act 1970,
30 to participate in the scheme.
".
page 8
Superannuation Legislation Amendment and Validation Bill 2006
State Superannuation Act 2000 amended Part 3
s. 12
(2) Section 28(3) is amended by inserting before the definition of
"spouse" --
"
"benefits" has the meaning given to that term in
5 section 28(1) of the Parliamentary
Superannuation Act 1970;
".
12. Section 33 amended
Section 33(2) is amended as follows:
10 (a) after each of paragraphs (a) to (h) by inserting --
" and ";
(b) in paragraph (b) by deleting "other" and inserting
instead --
"
15 , or the facilitation by the Board of the
provision of,
".
13. Section 36 amended
(1) Section 36(1)(a) is amended by inserting after "Board" --
20 " or a subsidiary ".
(2) Section 36(3) is amended by inserting after "Board" --
" or a subsidiary ".
14. Section 38 amended
(1) Section 38(2) is amended as follows:
25 (a) after each of paragraphs (a) to (j) by inserting --
" and ";
page 9
Superannuation Legislation Amendment and Validation Bill 2006
Part 3 State Superannuation Act 2000 amended
s. 14
(b) in paragraph (c) by deleting "to be made to" and
inserting instead --
" and transfers of money to ";
(c) in paragraph (j) by deleting "other" and inserting
5 instead --
" , or facilitation by the Board of the provision of, ".
(2) After section 38(4) the following subsections are inserted --
"
(4a) Subsections (3) and (4) do not apply in respect of
10 regulations that reduce or provide for the reduction of a
Member's benefit if --
(a) a superannuation agreement, flag lifting
agreement or splitting order is in force in
respect of the Member; and
15 (b) the reduction does not reduce the Member's
benefit to less than the Member's entitlement
under the agreement or order.
(4b) In subsection (4a), "flag lifting agreement",
"splitting order" and "superannuation agreement"
20 each have the meaning given to them in section 90MD
of the Family Law Act 1975 of the Commonwealth.
".
(3) Section 38(5)(b) is deleted and the following paragraph is
inserted instead --
25 "
(b) relate to a matter referred to in
subsection (2)(j),
".
page 10
Superannuation Legislation Amendment and Validation Bill 2006
State Superannuation Act 2000 amended Part 3
s. 15
15. Section 40 inserted
After section 39 the following section is inserted --
"
40. Inconsistent written laws
5 The provisions of this Act and the regulations made or
applying under it that deal with the payment of benefits
under a scheme prevail over section 10 of the
Administration Act 1903 to the extent of any
inconsistency.
10 ".
16. Schedule 3 inserted
After Schedule 2 the following Schedule is inserted --
"
Schedule 3 -- Provisions to be included in
15 constitution of subsidiary
[s. 7B]
1. Definition
In this Schedule --
"prior approval" means the prior written approval of the
20 Minister given with the Treasurer's concurrence.
2. Disposal of shares
(1) The Board must not sell or otherwise dispose of shares in
the subsidiary without prior approval.
(2) The Minister is empowered to execute a transfer of any
25 shares in the subsidiary held by the Board.
3. Directors
(1) The directors of the subsidiary are to be appointed by the
Board, but no such director may be appointed without prior
approval.
page 11
Superannuation Legislation Amendment and Validation Bill 2006
Part 3 State Superannuation Act 2000 amended
s. 16
(2) All decisions relating to the operation of the subsidiary are
to be made by or under the authority of the board of the
subsidiary in accordance with the statement of corporate
intent of the Board and the subsidiary.
5 (3) The board of the subsidiary is accountable to the Minister in
the manner set out in section 36 and in the constitution of
the subsidiary.
4. Further shares
Shares in the subsidiary must not be issued or transferred
10 without prior approval.
5. Alteration of constitution
The constitution of the subsidiary must not be modified or
replaced without prior approval.
6. Subsidiaries of subsidiary
15 (1) The subsidiary must not form or acquire any subsidiary
without prior approval.
(2) The subsidiary must ensure that the constitution of each of
its subsidiaries at all times complies with this Act.
(3) The subsidiary must, to the maximum extent practicable,
20 ensure that each of its subsidiaries complies with its
constitution and with the requirements of this Act.
".
page 12
Superannuation Legislation Amendment and Validation Bill 2006
Validation provisions Part 4
s. 17
Part 4 -- Validation provisions
17. Validation of certain payments
(1) In this section --
"Superannuation Act" means the State Superannuation
5 Act 2000, the Government Employees Superannuation
Act 1987 or the Superannuation and Family Benefits
Act 1938.
(2) A payment or purported payment of a benefit under the State
Superannuation Act 2000, the Government Employees
10 Superannuation Act 1987 or the Superannuation and Family
Benefits Act 1938 that was --
(a) made before this section came into operation; and
(b) invalid or ineffective because of the Administration
Act 1903 section 10,
15 is, and is to be taken always to have been, as valid and effective
as it would have been if the State Superannuation Act 2000
section 40, as inserted by section 15 of this Act, had been in
operation in respect of each Superannuation Act at the time of
the payment.
20 (3) If --
(a) a benefit under the State Superannuation Act 2000, the
Government Employees Superannuation Act 1987 or the
Superannuation and Family Benefits Act 1938 was paid
to an executor or administrator of the estate of a
25 deceased person before this section came into operation;
and
(b) the executor or administrator paid, or purportedly paid,
some or all of the benefit to another person before this
section came into operation; and
page 13
Superannuation Legislation Amendment and Validation Bill 2006
Part 4 Validation provisions
s. 18
(c) the payment was invalid or ineffective because of the
Administration Act 1903 section 10,
the executor or administrator is, and is to be taken always to
have been, as liable for the payment referred to in paragraph (b)
5 as the executor or administrator would have been if the State
Superannuation Act 2000 section 40, as inserted by section 15
of this Act, had been in operation in respect of each
Superannuation Act at the time of the payment referred to in
paragraph (a).
10 18. Validation of contributions made for visiting medical
practitioners
(1) In this section --
"Board" means the Government Employees Superannuation
Board referred to in the State Superannuation Act 2000
15 section 5;
"visiting medical practitioner" means a medical practitioner
engaged, other than as an employee, to provide services in
a hospital.
(2) This section applies in relation to superannuation contributions
20 made, or purportedly made, under the Government Employees
Superannuation Act 1987 or the State Superannuation Act 2000
in respect of a visiting medical practitioner between 1 July 1992
and 30 June 2001.
(3) A thing done, or purportedly done, by the Board in consequence
25 of a superannuation contribution having been made, or
purportedly made, in respect of a visiting medical practitioner
is, and is to be taken always to have been, as valid and effective
as if the contribution had been made in respect of a person who
was a member of the relevant scheme.
page 14
Superannuation Legislation Amendment and Validation Bill 2006
Validation provisions Part 4
s. 19
19. Validation of statutory membership of workers who ceased
to be excluded
(1) A person who --
(a) when the State Superannuation Regulations 2001 came
5 into operation --
(i) was a worker; and
(ii) was excluded from becoming a statutory
Member (as defined in those regulations) by the
State Superannuation Regulations 2001
10 regulation 51(2), (3) or (4);
and
(b) before the State Superannuation Amendment
Regulations 2006 came into operation, ceased to be so
excluded,
15 is taken to have become a statutory Member when he or she
ceased to be so excluded.
(2) Anything done or purported to have been done under the State
Superannuation Regulations 2001 before this Act came into
operation in relation to a person to whom subsection (1) applies,
20 is as valid as it would have been if the State Superannuation
Amendment Regulations 2006 had come into operation
immediately after the State Superannuation Regulations 2001
came into operation.
20. Validation of certain things done under the Superannuation
25 and Family Benefits Act 1938
A thing done or purportedly done --
(a) under the Superannuation and Family Benefits Act 1938
(whether as continued in force by the State
Superannuation (Transitional and Consequential
30 Provisions) Act 2000 section 26 or not); and
page 15
Superannuation Legislation Amendment and Validation Bill 2006
Part 4 Validation provisions
s. 20
(b) before the State Superannuation Amendment
Regulations (No. 4) 2003 came into operation,
is, and is to be taken always to have been, as valid and effective
as it would have been if the definition of "department" in the
5 Superannuation and Family Benefits Act 1938 section 6(1) had
been amended on 1 January 1997 by inserting after "port
authority" --
"
, every college (within the meaning of the
10 Vocational Education and Training Act 1996)
".
page 16
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