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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
State Superannuation (Transitional and
Consequential Provisions) Bill 1999
CONTENTS
Part 1 -- Introductory
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Power to restore lost rights 2
Part 2 -- Transitional provisions
5. Policies and strategies of the Board 3
6. Board members continue as directors 3
7. Protection from liability 4
8. Common seal 4
9. Staff 4
10 . Delegation 5
11 . Review of decisions of the Board 5
12 . Actuarial investigation 6
13 . Review of investments 6
14 . Investment manager 6
15 . Recovery of money owing to the Fund 7
16 . Approval of other superannuation schemes 7
17 . Guarantee of Board's obligations 8
18 . Treasurer's approvals and guidelines 8
19 . Treasurer's directions to Employers 8
20 . Minister's directions to the Board 8
21 . Minister to have access to information 9
22 . Determination of remuneration 9
23 . Board procedures 9
24 . Disclosure of interests 9
25 . Transitional regulations 9
page i
62--1
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Contents
Part 3 -- Consequential amendments
26 . Agriculture and Related Resources Protection
Act 1976 amended 11
27 . Agriculture Protection Board Act 1950 amended 11
28 . Alcohol and Drug Authority Act 1974 amended 11
29 . Animal Resources Authority Act 1981 amended 12
30 . Anti-Corruption Commission Act 1988 amended 12
31 . Art Gallery Act 1959 amended 12
32 . Builders' Registration Act 1939 amended 13
33 . Commercial Tribunal Act 1984 amended 13
34 . Constitution Acts Amendment Act 1899 amended 13
35 . Curtin University of Technology Act 1966 amended 14
36 . Dairy Industry Act 1973 amended 14
37 . Director of Public Prosecutions Act 1991 amended 14
38 . Edith Cowan University Act 1984 amended 15
39 . Education Act 1928 amended 16
40 . Electricity Corporation Act 1994 amended 16
41 . Financial Administration and Audit Act 1985
amended 17
42 . Gas Corporation Act 1994 amended 17
43 . Gold Corporation Act 1987 amended 17
44 . Government Railways Act 1904 amended 18
45 . Herd Improvement Service Act 1984 amended 19
46 . Hospitals and Health Services Act 1927 amended 19
47 . Housing Loan Guarantee Act 1957 amended 20
48 . Insurance Commission of Western Australia Act 1986
amended 20
49 . Judges' Salaries and Pensions Act 1950 amended 21
50 . Land Tax Assessment Act 1976 amended 22
51 . Law Reform Commission Act 1972 amended 22
52 . Library Board of Western Australia Act 1951
amended 22
53 . Metropolitan (Perth) Passenger Transport Trust
Act 1957 amended 23
54 . Museum Act 1969 amended 23
55 . Perth Theatre Trust Act 1979 amended 23
56 . Port Authorities Act 1999 amended 24
57 . Public Sector Management Act 1994 amended 24
58 . Retirement Villages Act 1992 amended 24
page ii
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Contents
59 . Rural Adjustment and Finance Corporation Act 1993
amended 25
60 . School Education Act 1999 amended 25
61 . Small Claims Tribunals Act 1974 amended 25
62 . Solicitor-General Act 1969 amended 25
63 . Statutory Corporations (Liability of Directors)
Act 1996 amended 26
64 . Stipendiary Magistrates Act 1957 amended 26
65 . Strata Titles Act 1985 amended 26
66 . Supreme Court Act 1935 amended 27
67 . Transport Co-ordination Act 1966 amended 27
68 . Water Corporation Act 1995 amended 28
69 . Western Australian Coastal Shipping Commission
Act 1965 amended 28
70 . Western Australian Land Authority Act 1992 amended 28
71 . Western Australian Tourism Commission Act 1983
amended 28
72 . Workers' Compensation and Rehabilitation Act 1981
amended 29
73 . Various provisions repealed 29
page iii
Western Australia
LEGISLATIVE ASSEMBLY
State Superannuation (Transitional and
Consequential Provisions) Bill 1999
A Bill for
An Act to --
· amend various Acts; and
· enact transitional provisions,
as a consequence of the enactment of the State Superannuation
Act 1999.
The Parliament of Western Australia enacts as follows:
page 1
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 1 Introductory
s. 1
Part 1 -- Introductory
1. Short title
This Act may be cited as the State Superannuation
(Transitional and Consequential Provisions) Act 1999.
5 2. Commencement
This Act comes into operation on the day on which the State
Superannuation Act 1999 comes into operation.
3. Interpretation
(1) In this Act --
10 "commencement day" means the day on which this Act comes
into operation;
"continues" means continues in force on and after the
commencement day;
"current" means in force immediately before the
15 commencement day.
(2) Where terms defined in the State Superannuation Act 1999 are
used in this Act they have the same meaning in this Act as they
have in that Act.
4. Power to restore lost rights
20 If as a result of the coming into operation of this Act a person
has ceased to be entitled to a right, privilege or benefit to which
the person was, or might have been, entitled immediately before
the commencement day the Minister may --
(a) permit the person to exercise the right;
25 (b) grant the person the privilege; or
(c) pay the benefit to the person.
page 2
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Transitional provisions Part 2
s. 5
Part 2 -- Transitional provisions
5. Policies and strategies of the Board
Current policies for the administration of the GES Act or the
S&FB Act determined by the Board under section 6(1)(a) of the
5 GES Act, continue as policies determined by the Board in the
exercise of its functions under section 6(1) of the State
Superannuation Act 1999.
6. Board members continue as directors
(1) The chairman of the Board appointed under section 5(3)(a) of
10 the GES Act continues as chairman as if the appointment had
been made under section 8(1)(a) of the State Superannuation
Act 1999.
(2) The members of the Board appointed under section 5(3)(b) of
the GES Act continue as Employer directors as if their
15 appointments had been made under section 8(1)(b) of the State
Superannuation Act 1999.
(3) The members of the Board elected under section 5(3)(c) of the
GES Act continue as Member directors as if they had been
elected under section 8(1)(c) of the State Superannuation
20 Act 1999.
(4) The deputy chairman appointed under clause 2 of Schedule 3 to
the GES Act continues as deputy chairman as if the appointment
had been made under clause 2 of Schedule 1 to the State
Superannuation Act 1999.
25 (5) If an election for the purposes of section 5(3)(c) of the GES Act
was called before the commencement day but as at that day is
not concluded --
(a) the election is to be conducted in accordance with the
GES Act as if it were still in operation; and
30 (b) a director elected at the election continues as a Member
director as if the election had been held under
section 8(1)(c) of the State Superannuation Act 1999.
page 3
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 2 Transitional provisions
s. 7
7. Protection from liability
The protection from liability provided by clause 4 of Schedule 3
to the GES Act in respect of matters or things done or omitted to
be done for the purposes of that Act, continues as if that clause
5 were still in operation.
8. Common seal
(1) On the commencement day the common seal of the Board under
section 5(2) of the GES Act becomes the common seal of the
Board under the State Superannuation Act 1999.
10 (2) A current direction given by the Board as to the custody of the
common seal under clause 11(b) of Schedule 3 to the GES Act,
continues as a direction under section 10(2)(b) of the State
Superannuation Act 1999.
(3) A current authorization given by the Board as to the use of the
15 common seal under clause 11(c) of Schedule 3 to the GES Act,
continues as an authorization under section 10(2)(c) of the State
Superannuation Act 1999.
9. Staff
(1) Current appointments made under the Public Sector
20 Management Act 1994 in accordance with section 8 of the GES
Act, continue as if they had been made in accordance with
section 11(1) of the State Superannuation Act 1999.
(2) Current appointments and contracts of employment under
section 8(2) of the GES Act continue as if they had been made
25 under section 11(2) of the State Superannuation Act 1999.
(3) Current contracts for services under section 8(3) of the GES
Act, continue as if they had been made in accordance with
section 7(2)(b) of the State Superannuation Act 1999.
page 4
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Transitional provisions Part 2
s. 10
10. Delegation
A current delegation made by the Board under section 56 of the
GES Act, continues as a delegation under section 12 of the State
Superannuation Act 1999.
5 11. Review of decisions of the Board
(1) A person --
(a) referred to in section 54 of the GES Act who is
aggrieved by a decision of the Board made under that
Act; or
10 (b) aggrieved by a decision of the Board under the S&FB
Act,
may apply under section 13(1) of the State Superannuation
Act 1999 for a review of that decision as if it had been made
under the State Superannuation Act 1999.
15 (2) If a person made representations to the Board under
section 54(1) of the GES Act before the commencement day but
as at that day the Board has not reviewed the decision to which
the representations relate, the Board is to review the decision as
if --
20 (a) the decision were a decision under the State
Superannuation Act 1999; and
(b) the representations were an application under
section 13(1) of the State Superannuation Act 1999.
(3) If a person referred a dispute to the Board for resolution under
25 section 85 of the S&FB Act before the commencement day but
as at that day the Board has not resolved the dispute, the Board
is to review the decision the subject of the dispute as if --
(a) the decision were a decision under the State
Superannuation Act 1999; and
30 (b) the referral of the dispute were an application under
section 13(1) of the State Superannuation Act 1999.
page 5
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 2 Transitional provisions
s. 12
(4) If proceedings for the resolution of a dispute were commenced
in the Supreme Court under section 85 of the S&FB Act before
the commencement day but as at that day the proceedings have
not been determined, the proceedings are to be dealt with and
5 determined in accordance with the S&FB Act as if that Act were
still in operation.
12. Actuarial investigation
If an actuarial investigation under section 11 of the GES Act or
section 30 of the S&FB Act commenced before the
10 commencement day but as at that day a report on the results of
the investigation has not been received by the Board, the actuary
is to continue the investigation and report on it as if it were an
investigation under section 17 of the State Superannuation
Act 1999.
15 13. Review of investments
If an investment review under section 13(6) of the GES Act
commenced before the commencement day but as at that day
has not been completed, the Board is to continue the review as if
it were a review under section 19(3) of the State
20 Superannuation Act 1999.
14. Investment manager
(1) A current approval of a person as an investment manager given
by the Treasurer under section 13(4) of the GES Act, continues
as an approval under section 23(1)(b) of the State
25 Superannuation Act 1999.
(2) A current appointment of a person as an investment manager
made under section 13(4) of the GES Act, continues as an
appointment under section 23(1) of the State Superannuation
Act 1999.
page 6
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Transitional provisions Part 2
s. 15
(3) A current delegation to an investment manager under
section 13(5) of the GES Act, continues as a delegation under
section 23(2) of the State Superannuation Act 1999.
15. Recovery of money owing to the Fund
5 (1) On the commencement day any money owing to the Fund under
the GES Act or the S&FB Act immediately before that day
becomes money owing to the Fund under the State
Superannuation Act 1999.
(2) If proceedings for the recovery of money owing to the Fund
10 were commenced under section 16(1)(a) of the GES Act or
section 88 of the S&FB Act before the commencement day but
as at that day have not been completed, the proceedings are to
be dealt with and determined in accordance with the GES Act or
the S&FB Act, as the case requires, as if that Act were still in
15 operation.
(3) A current determination made under section 16(1)(c) of the GES
Act, continues as if it had been set out in a direction under
section 26(2) of the State Superannuation Act 1999.
(4) A current written request made under section 16(2) of the GES
20 Act, continues as a direction under section 26(2) of the State
Superannuation Act 1999.
(5) A current determination as to a rate of interest made under
section 16(3) of the GES Act or section 49 of the S&FB Act,
continues as a determination under section 25(1) of the State
25 Superannuation Act 1999.
16. Approval of other superannuation schemes
(1) A current approval given by the Treasurer under section 56A of
the GES Act, continues as an approval of the Treasurer and the
Minister under section 30(1) of the State Superannuation
30 Act 1999.
page 7
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 2 Transitional provisions
s. 17
(2) A current approval given by the Treasurer for the purposes of
the GES Act allowing an Employer to make superannuation
contributions other than under the S&FB Act or the GES Act
continues as an approval of the Treasurer and the Minister under
5 section 30(2) of the State Superannuation Act 1999.
17. Guarantee of Board's obligations
A current guarantee given by the Treasurer under section 15(1)
of the GES Act, continues as a guarantee under section 31(1)(b)
of the State Superannuation Act 1999.
10 18. Treasurer's approvals and guidelines
(1) A current approval given by the Treasurer under section 13(2)
or 14 of the GES Act, continues as an approval under
section 18(1) or 24 respectively of the State Superannuation
Act 1999.
15 (2) Current guidelines issued by the Treasurer under section 13(3)
of the GES Act, continue as guidelines under section 33(2) of
the State Superannuation Act 1999.
19. Treasurer's directions to Employers
Current instructions issued by the Treasurer under section 52A
20 of the GES Act, continue as directions given by the Minister
under section 34 of the State Superannuation Act 1999.
20. Minister's directions to the Board
A current direction given under section 6(3) of the GES Act,
continues as a direction under section 35 of the State
25 Superannuation Act 1999.
page 8
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Transitional provisions Part 2
s. 21
21. Minister to have access to information
A current request for information or access to information made
by the Minister under section 8A(2)(a) or (b) of the GES Act,
continues as a request under section 36(2)(a) of the State
5 Superannuation Act 1999.
22. Determination of remuneration
A current determination made by the Minister under section 7 of
the GES Act, continues as a determination under clause 7 of
Schedule 1 to the State Superannuation Act 1999.
10 23. Board procedures
Current procedures determined by the Board under clause 7 of
Schedule 3 to the GES Act, continue as procedures under
clause 1 of Schedule 2 of the State Superannuation Act 1999.
24. Disclosure of interests
15 A current disclosure made by a member of the Board under
clause 5 of Schedule 3 to the GES Act, continues as a disclosure
under clause 10 of Schedule 2 to the State Superannuation
Act 1999.
25. Transitional regulations
20 (1) If there is no sufficient provision in this Act for dealing with a
transitional matter, the Governor may make regulations
prescribing all matters that are required, or are necessary or
convenient, for dealing with that transitional matter.
(2) Regulations made under subsection (1) may specify as the day
25 on which they come into operation a day that is earlier than the
day on which they are published in the Gazette.
(3) Subregulation (2) does not apply to regulations that will or may
affect a person, except the Crown or an Employer, by --
(a) prejudicing rights that existed before the regulation was
30 published; or
page 9
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 2 Transitional provisions
s. 25
(b) imposing liabilities in respect of anything that occurred
before the regulation was published.
(4) In subsection (1) --
"transitional matter" means a matter that it is necessary or
5 convenient to deal with for the purpose of effecting the
transition from the S&FB Act and the GES Act to the State
Superannuation Act 1999.
page 10
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Consequential amendments Part 3
s. 26
Part 3 -- Consequential amendments
26. Agriculture and Related Resources Protection Act 1976
amended
Section 9(5) of the Agriculture and Related Resources
5 Protection Act 1976* is amended as follows:
(a) by deleting "1994," and inserting instead --
" 1994 or ";
(b) by deleting "or the Superannuation and Family Benefits
Act 1938".
10 [* Reprinted as approved 10 February 1981.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 7.]
27. Agriculture Protection Board Act 1950 amended
Section 8A of the Agriculture Protection Board Act 1950* is
15 amended as follows:
(a) by deleting "1994," and inserting instead --
" 1994 or ";
(b) by deleting "or the Superannuation and Family Benefits
Act 1938".
20 [* Reprinted as at 3 September 1999.]
28. Alcohol and Drug Authority Act 1974 amended
The Alcohol and Drug Authority Act 1974* is amended as
follows:
(a) in section 21(3)(a) by deleting ", and, subject to
25 section 22, in particular his rights if any under the
Superannuation and Family Benefits Act 1938";
(b) by repealing section 22.
[* Reprinted as at 1 April 1999.]
page 11
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 3 Consequential amendments
s. 29
29. Animal Resources Authority Act 1981 amended
The Animal Resources Authority Act 1981* is amended as
follows:
(a) in section 13(b) by deleting ", including his rights under
5 the Superannuation and Family Benefits Act 1938";
(b) by repealing section 14.
[* Act No. 53 of 1981.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 14.]
10 30. Anti-Corruption Commission Act 1988 amended
Section 6 of the Anti-Corruption Commission Act 1988* is
amended as follows:
(a) in subsection (4) by deleting ", including any rights
under the Superannuation and Family Benefits
15 Act 1938,";
(b) in subsection (9) by deleting "and for the purposes of the
Superannuation and Family Benefits Act 1938".
[* Reprinted as at 1 November 1996.]
31. Art Gallery Act 1959 amended
20 Section 16(3) of the Art Gallery Act 1959* is amended by
deleting "and to such rights prescribed by or pursuant to the
provisions of the Superannuation and Family Benefits
Act 1938,".
[* Reprinted as at 30 March 1989.
25 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 16.]
page 12
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Consequential amendments Part 3
s. 32
32. Builders' Registration Act 1939 amended
Section 5AA(2)(a) of the Builders' Registration Act 1939 is
amended by deleting ", including rights under the
Superannuation and Family Benefits Act 1938 and the
5 Government Employees Superannuation Act 1987,".
[* Reprinted as at 19 March 1999.]
33. Commercial Tribunal Act 1984 amended
Section 9(2)(a) of the Commercial Tribunal Act 1984* is
amended by deleting ", including his rights under the
10 Superannuation and Family Benefits Act 1938,".
[* Act No. 103 of 1984.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 41.]
34. Constitution Acts Amendment Act 1899 amended
15 Part 3 of Schedule V to the Constitution Acts Amendment
Act 1899* is amended as follows:
(a) by inserting the following item after the item for "The
Government Employees' Housing Authority" --
"
20 The Government Employees Superannuation Board
under the State Superannuation Act 1999.
";
(b) by deleting the item "The Superannuation Board
constituted under the Superannuation and Family
25 Benefits Act 1938.".
[* Reprinted as at 15 April 1999.
For subsequent amendments see Acts Nos. 53 of 1998 and 5,
8, 26 and 34 of 1999.]
page 13
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 3 Consequential amendments
s. 35
35. Curtin University of Technology Act 1966 amended
The Curtin University of Technology Act 1966* is amended as
follows:
(a) in section 29(1) by deleting "and in particular his rights,
5 if any, under the Superannuation and Family Benefits
Act 1938;
(b) by repealing section 29(2);
(c) in section 30A(3) by deleting "contributor for pension,
superannuation or benefits under the Superannuation
10 and Family Benefits Act 1938." and inserting instead --
"
Member of a superannuation scheme continued by
section 29(c) or (d) of the State Superannuation
Act 1999.
15 ".
[* Reprinted as at 28 July 1999.]
36. Dairy Industry Act 1973 amended
Section 18(2) of the Dairy Industry Act 1973* is amended by
deleting "or an employee within the meaning of the
20 Superannuation and Family Benefits Act 1938," and "or
employee" in the 3 places where it occurs.
[* Reprinted as at 31 January 1997.
For subsequent amendments see Act No. 1 of 1997.]
37. Director of Public Prosecutions Act 1991 amended
25 Clause 3 of Schedule 1 to the Director of Public Prosecutions
Act 1991* is amended as follows:
(a) subclauses (1) to (4) are deleted;
page 14
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Consequential amendments Part 3
s. 38
(b) in subclause (5) by deleting "Where subclause (1) does
not apply" and inserting instead --
"
If the Director is not a Member under the State
5 Superannuation Act 1999
";
(c) in subclause (7) by deleting "enactments referred to in
subclause (1)" and inserting instead --
" State Superannuation Act 1999 ";
10 (d) in subclause (8) by deleting "any enactment referred to
in subclause (1)" and inserting instead --
" the State Superannuation Act 1999 ".
[* Act No. 12 of 1991.
For subsequent amendments see 1998 Index to Legislation of
15 Western Australia, Table 1, p. 71.]
38. Edith Cowan University Act 1984 amended
The Edith Cowan University Act 1984* is amended as follows:
(a) in section 32(1) by deleting ", retirement and his rights
if any under the Superannuation and Family Benefits
20 Act 1938." and inserting instead --
" and retirement. ";
(b) by repealing section 32(2);
(c) in section 34(3) by deleting "contributor for pension,
superannuation or benefits under the Superannuation
25 and Family Benefits Act 1938." and inserting instead --
"
Member of a superannuation scheme continued by
section 29(c) or (d) of the State Superannuation
Act 1999.
30 ".
[* Reprinted as at 1 October 1999].
page 15
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 3 Consequential amendments
s. 39
39. Education Act 1928 amended
The Education Act 1928* is amended as follows:
(a) in section 7D(15) by deleting "forms part of his period
of service or employment under this Act for the
5 purposes of the Superannuation and Family Benefits
Act 1938 and";
(b) in section 36A by deleting "becomes a contributor for
the purposes of the Superannuation and Family Benefits
Act 1938." and inserting instead --
10 "
is a Member of a superannuation scheme continued by
section 29(c) or (d) of the State Superannuation
Act 1999.
".
15 [* Reprinted as at 11 August 1992.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 76-7, and Act No. 26
of 1999.]
40. Electricity Corporation Act 1994 amended
20 Section 19(4) of the Electricity Corporation Act 1994* is
amended by deleting "Superannuation and Family Benefits
Act 1938 or the Government Employees Superannuation
Act 1987" and inserting instead --
" State Superannuation Act 1999 ".
25 [* Act No. 86 of 1994.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 81, and Act No. 26 of 1999.]
page 16
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Consequential amendments Part 3
s. 41
41. Financial Administration and Audit Act 1985 amended
Section 73 of the Financial Administration and Audit Act 1985*
is amended as follows:
(a) in paragraph (a) by deleting ", including his rights under
5 the Superannuation and Family Benefits Act 1938,";
(b) in paragraph (b) by deleting "his rights (if any) under the
Superannuation and Family Benefits Act 1938, and such
other" and inserting instead --
" such ".
10 [* Reprinted as at 9 July 1999.
For subsequent amendments see Acts Nos. 5 and 8 of 1999.]
42. Gas Corporation Act 1994 amended
Section 19(4) of the Gas Corporation Act 1994* is amended by
deleting "Superannuation and Family Benefits Act 1938 or the
15 Government Employees Superannuation Act 1987" and
inserting instead --
" State Superannuation Act 1999 ".
[* Act No. 87 of 1994.
For subsequent amendments see 1998 Index to Legislation of
20 Western Australia, Table 1, pp. 102-3, and Acts Nos. 65 of
1998 and 20 and 26 of 1999.]
43. Gold Corporation Act 1987 amended
Schedule 2 to the Gold Corporation Act 1987* is amended as
follows:
25 (a) in clause 1 by deleting the definitions of "contributor"
and "service";
page 17
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 3 Consequential amendments
s. 44
(b) in clause 3(2)(c) by deleting "in a permanent capacity by
any Crown instrumentality or other body which, is or is
deemed to be, a department for the purposes of the
Superannuation and Family Benefits Act 1938 or an
5 employer listed in Schedule 1 of the Government
Employees Superannuation Act 1987" and inserting
instead --
"
by a person who, or body that, is an Employer for
10 the purposes of the State Superannuation Act 1999
";
(c) in clause 4(1) by deleting "or otherwise was a
contributor to units of pension or to the Provident
Account under the Superannuation and Family Benefits
15 Act 1938" and "or any existing accruing rights under the
Superannuation and Family Benefits Act 1938";
(d) by deleting clause 4(2) and (3).
[* Reprinted as at 24 August 1994.
For subsequent amendments see 1998 Index to Legislation of
20 Western Australia, Table 1, p. 105.]
44. Government Railways Act 1904 amended
Section 11(1) of the Government Railways Act 1904* is
amended by deleting "or the Superannuation and Family
Benefits Act 1938-1947,".
25 [* Reprinted as approved 27 October 1982.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 107-9, and Acts Nos. 32
of 1998 and 26 of 1999.]
page 18
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Consequential amendments Part 3
s. 45
45. Herd Improvement Service Act 1984 amended
The Herd Improvement Service Act 1984* is amended as
follows:
(a) in section 14(b) by deleting ", including his rights under
5 the Superannuation and Family Benefits Act 1938,";
(b) by repealing section 15.
[* Act No. 55 of 1984.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 115.]
10 46. Hospitals and Health Services Act 1927 amended
The Hospitals and Health Services Act 1927* is amended as
follows:
(a) in section 7E(2) --
(i) by deleting the comma at the end of
15 paragraph (b) and inserting a full stop instead;
(ii) by deleting the rest of the subsection;
(b) in section 7E(5) by deleting "the scheme for accrued or
accruing benefits under the Superannuation and Family
Benefits Act 1938, the Government Employees
20 Superannuation Act 1987" and inserting instead --
"
a superannuation scheme under the State
Superannuation Act 1999
";
page 19
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 3 Consequential amendments
s. 47
(c) in section 12A(1) by deleting "contributors for the
purposes of the Superannuation and Family Benefits
Act 1938." and inserting instead --
"
5 Members of a superannuation scheme continued by
section 29(c) or (d) of the State Superannuation
Act 1999.
".
[* Reprinted as at 22 April 1993.
10 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 117-8, and Act No. 26
of 1999.]
47. Housing Loan Guarantee Act 1957 amended
Section 5(1)(d) of the Housing Loan Guarantee Act 1957* is
15 deleted and the following paragraph is inserted instead --
"
(d) the Government Employees Superannuation
Board under the State Superannuation
Act 1999;
20 ".
[* Reprinted as approved 20 May 1974.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 118-9, and Acts Nos. 2 and
26 of 1999.]
25 48. Insurance Commission of Western Australia Act 1986
amended
Clause 16(2) of Schedule 4 to the Insurance Commission of
Western Australia Act 1986* is amended by deleting
"(including, if he is a contributor under the Superannuation and
30 Family Benefits Act 1938, his rights under that Act)".
[* Act No. 51 of 1986.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 123-4.]
page 20
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Consequential amendments Part 3
s. 49
49. Judges' Salaries and Pensions Act 1950 amended
(1) The amendments in this section are to the Judges' Salaries and
Pensions Act 1950*.
(2) Section 6(3)(c) is deleted and the following paragraph is
5 inserted instead --
"
(c) is a Member under the State Superannuation
Act 1999 and is in receipt of a pension under
that Act, then the pension under this Act is to
10 be reduced by an amount equal to the State
share (as defined under that Act) of the pension
payable under the State Superannuation
Act 1999.
".
15 (3) Section 6(4) is repealed.
(4) Section 8A is repealed and the following section is inserted
instead --
"
8A. Pension of widow in receipt of another pension
20 reducible by the State share of pension
If a widow entitled to, or in receipt of, a widow's
pension under this Act is in receipt of a widow's
pension under the State Superannuation Act 1999 then
the pension under this Act is to be reduced by an
25 amount equal to the State share (as defined under that
Act) of her pension under the State Superannuation
Act 1999.
".
[* Reprinted as at 3 March 1994.
30 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 128-9.]
page 21
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 3 Consequential amendments
s. 50
50. Land Tax Assessment Act 1976 amended
Section 5(1) of the Land Tax Assessment Act 1976* is amended
in the definition of "public statutory authority" by deleting
"established by the Government Employees Superannuation
5 Act 1987" and inserting instead --
" under the State Superannuation Act 1999 ".
[* Reprinted as at 30 July 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 137-8.]
10 51. Law Reform Commission Act 1972 amended
Section 9 of the Law Reform Commission Act 1972* is amended
as follows:
(a) in subsection (5)(b) by deleting ",; including his rights
under the Superannuation and Family Benefits
15 Act 1938,";
(b) by deleting subsection (6).
[* Act No. 59 of 1972.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 139.]
20 52. Library Board of Western Australia Act 1951 amended
The Library Board of Western Australia Act 1951* is amended
as follows:
(a) in section 5(14) by deleting "or the Superannuation and
Family Benefits Act 1938-1950,";
25 (b) in section 6(2) by deleting "and to such rights prescribed
by or pursuant to the provisions of the Superannuation
and Family Benefits Act 1938-1950,".
[* Reprinted as approved 17 May 1984.
For subsequent amendments see 1998 Index to Legislation of
30 Western Australia, Table 1, p. 143.]
page 22
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Consequential amendments Part 3
s. 53
53. Metropolitan (Perth) Passenger Transport Trust Act 1957
amended
Section 42(3)(a), (b) and (c) of the Metropolitan (Perth)
Passenger Transport Trust Act 1957* are deleted and the
5 following paragraph is inserted instead --
"
(a) The Trust may enter into and carry out an
agreement for the purpose of providing
pension, superannuation, sickness, or family
10 benefits, or long service leave benefits, or other
benefits of a similar nature, for all or any of its
employees.
".
[* Reprinted as at 27 July 1999.]
15 54. Museum Act 1969 amended
The Museum Act 1969* is amended as follows:
(a) in section 26 by deleting "and, in particular, his rights, if
any, under the Superannuation and Family Benefits
Act 1938";
20 (b) deleting section 27(1) and (2).
[* Reprinted as at 20 August 1999.]
55. Perth Theatre Trust Act 1979 amended
Section 17 of the Perth Theatre Trust Act 1979* is amended as
follows:
25 (a) in subsection (4)(b) by deleting ", including his rights
under the Superannuation Act,";
(b) by repealing subsections (5) and (8).
[* Act No. 79 of 1979.
For subsequent amendments see 1998 Index to Legislation of
30 Western Australia, Table 1, pp. 187-8.]
page 23
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 3 Consequential amendments
s. 56
56. Port Authorities Act 1999 amended
Section 19 of the Port Authorities Act 1999* is amended as
follows:
(a) in subsection (1) by deleting "section 56A of the
5 Government Employees Superannuation Act 1987" and
inserting instead --
" section 30 of the State Superannuation Act 1999 ";
(b) in subsection (4) by deleting "Superannuation and
Family Benefits Act 1938 or the Government Employees
10 Superannuation Act 1987" and inserting instead --
" State Superannuation Act 1999 ".
[* Act No. 22 of 1999.]
57. Public Sector Management Act 1994 amended
The Public Sector Management Act 1994* is amended as
15 follows:
(a) by repealing section 20(1);
(b) in Schedule 2, item 16 by deleting "established under
the Government Employees Superannuation Act 1987"
and inserting instead --
20 " under the State Superannuation Act 1999 ".
[* Reprinted as at 26 March 1999.
For subsequent amendments see Acts Nos. 53 of 1998 and
5 of 1999 and Gazette 14 May, 2 July and 24 September
1999.]
25 58. Retirement Villages Act 1992 amended
Section 25(1)(g)(i) of the Retirement Villages Act 1992* is
amended by deleting ", and in particular his or her rights, if any,
under the Superannuation and Family Benefits Act 1938 and the
Government Employees Superannuation Act 1987 ".
30 [* Reprinted as at 22 January 1999.]
page 24
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Consequential amendments Part 3
s. 59
59. Rural Adjustment and Finance Corporation Act 1993
amended
Section 51(2)(b) of the Rural Adjustment and Finance
Corporation Act 1993* is amended by deleting ", including any
5 under the Superannuation and Family Benefits Act 1938 or the
Government Employees Superannuation Act 1987,".
[* Act No. 10 of 1993.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 222-3.]
10 60. School Education Act 1999 amended
Clause 14 in Schedule 1 to the School Education Act 1999* is
repealed.
[* Act No. 36 of 1999.]
61. Small Claims Tribunals Act 1974 amended
15 Section 8(1)(g)(i) of the Small Claims Tribunals Act 1974* is
amended by deleting ", and in particular his rights, if any, under
the Superannuation and Family Benefits Act 1938".
[* Reprinted as at 2 July 1999.]
62. Solicitor-General Act 1969 amended
20 Section 10 of the Solicitor-General Act 1969* is amended as
follows:
(a) in subsection (1)(a) by deleting "and in particular his
rights, if any, under the Superannuation and Family
Benefits Act 1938";
25 (b) by repealing subsection (2).
[* Act No. 38 of 1969.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 232.]
page 25
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 3 Consequential amendments
s. 63.
63. Statutory Corporations (Liability of Directors) Act 1996
amended
Schedule 1 to the Statutory Corporations (Liability of
Directors) Act 1996* is amended by deleting the item for the
5 Government Employees Superannuation Board and inserting the
following item instead --
"
Government Employees a director State Superannuation
Superannuation Board Act 1999
".
[* Act No. 41 of 1996.
10 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 240, and Acts Nos. 5 and 8
of 1999.]
64. Stipendiary Magistrates Act 1957 amended
The Stipendiary Magistrates Act 1957* is amended as follows:
15 (a) in section 5(4) by deleting "A retirement under this
subsection shall be deemed to be a retirement through
invalidity or physical or mental incapacity for the
purposes of the Superannuation and Family Benefits
Act 1938.";
20 (b) in section 7(2) by deleting ", including his rights under
the Superannuation and Family Benefits Act 1938, ";
(c) by repealing section 7(4), (5) and (6).
[* Reprinted as approved 21 January 1981.
For subsequent amendments see 1998 Index to Legislation of
25 Western Australia, Table 1, p. 240.]
65. Strata Titles Act 1985 amended
Section 73(1)(g)(i) of the Strata Titles Act 1985* is amended by
deleting ", and in particular his rights, if any, under the
Superannuation and Family Benefits Act 1938".
30 [* Reprinted as at 1 July 1999.]
page 26
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Consequential amendments Part 3
s. 66
66. Supreme Court Act 1935 amended
Section 11B of the Supreme Court Act 1935* is amended as
follows:
(a) by repealing subsection (2) and inserting the following
5 subsection instead --
"
(2) Where a Master was, immediately before his
appointment as such, an officer of the Public Service of
the State he retains his existing and accruing rights and
10 for the purpose of determining those rights, his service
as Master shall be taken into account as if it were
service in the Public Service of the State.
";
(b) by repealing subsection (3a).
15 [* Reprinted as at 23 November 1995.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 245-6.]
67. Transport Co-ordination Act 1966 amended
Section 62(3)(c) of the Transport Co-ordination Act 1966* is
20 amended by deleting "to the Superannuation Fund established
under the Superannuation and Family Benefits Act 1938" and
inserting instead --
" under the State Superannuation Act 1999 ".
[* Reprinted as at 9 September 1997.
25 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 255-6, and Acts Nos. 32 of
1998 and 10 and 16 of 1999.]
page 27
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 3 Consequential amendments
s. 68
68. Water Corporation Act 1995 amended
Section 19(4) of the Water Corporation Act 1995* is amended
by deleting "Superannuation and Family Benefits Act 1938 or
the Government Employees Superannuation Act 1987" and
5 inserting instead --
" State Superannuation Act 1999 ".
[* Act No. 70 of 1995.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 266, and Act No. 26 of 1999.]
10 69. Western Australian Coastal Shipping Commission Act 1965
amended
Section 21(3)(a) of the Western Australian Coastal Shipping
Commission Act 1965* is amended by deleting "and in
particular his rights, if any, under the Superannuation and
15 Family Benefits Act 1938".
[* Act No. 44 of 1965.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 270.]
70. Western Australian Land Authority Act 1992 amended
20 Clause 2(4) in Schedule 4 to the Western Australian Land
Authority Act 1992* is amended by deleting "(including rights
under the Superannuation and Family Benefits Act 1938)".
[* Reprinted as at 16 April 1999.]
71. Western Australian Tourism Commission Act 1983 amended
25 Section 19 of the Western Australian Tourism Commission
Act 1983* is amended as follows:
(a) in subsection (1) by deleting "(including any rights
under the Superannuation and Family Benefits
Act 1938)";
page 28
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Consequential amendments Part 3
s. 72
(b) in subsection (2) by deleting "and for the purposes of the
Superannuation and Family Benefits Act 1938";
(c) by repealing subsection (3).
[* Act No. 57 of 1983.
5 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 272-3.]
72. Workers' Compensation and Rehabilitation Act 1981
amended
Section 201(2) of the Workers' Compensation and
10 Rehabilitation Act 1981* is amended by deleting "or the
Superannuation and Family Benefits Act 1938".
[* Reprinted as at 29 January 1999.
For subsequent amendments see Acts Nos. 33 and 34
of 1999.]
15 73. Various provisions repealed
The provisions listed in the Table to this section are repealed.
Table of provisions repealed
Act Provision
Bank of Western Australia Act 1995 Sch. 2, cl. 2
Children's Court of Western Australia Act 1988 s. 7(4)
Coroners Act 1996 s. 6(5)
Corporations (Western Australia) Act 1990 s. 83
Disability Services Act 1993 Sch. 4, cl. 1
District Court of Western Australia Act 1969 s. 15
Electoral Act 1907 s. 5E(2)
Family Court Act 1997 s. 17
Freedom of Information Act 1992 s. 62(2)
Government Railways Act 1904 s. 11
page 29
State Superannuation (Transitional and Consequential Provisions) Bill 1999
Part 3 Consequential amendments
s. 73
Act Provision
Health Services (Conciliation and Review) Sch. 2, cl. 3
Act 1995
Heritage of Western Australia Act 1990 s. 27(4)
Industrial Relations Act 1979 s. 20(8), (8a),
(8b), (8c), (8d)
Legal Aid Commission Act 1976 s. 22
Liquor Licensing Act 1988 s. 9(7)
Parliamentary Commissioner Act 1971 s. 10(2)
Taxation (Staff Arrangements) Act 1969 ss. 12 to 14
Vocational Education and Training Act 1996 Sch. 4, cl. 7A
Western Australian Planning Commission s. 43
Act 1985
Western Australian Sports Centre Trust Act 1986 s. 19(3)
Workplace Agreements Act 1993 Sch. 2, cl. 2
page 30
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