Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 35(9)]
Transitional provisions concerning the Mint
1 . Terms used in this Schedule
In this Schedule, unless the
contrary intention appears —
benefit , in relation to the Imperial scheme,
means any type of allowance under that scheme and includes a gratuity and a
refund of contributions under that scheme and, in relation to an unestablished
person, includes, in respect of his employment as a Royal Mint employee, long
service leave or payment in lieu thereof;
contributor has the meaning given to that
expression by section 6 of the Superannuation and Family Benefits
Act 1938 5 , and for the purpose of that definition the expressions
employee and qualified contributor have the respective meanings given in that
section;
established person means a Royal Mint employee to
whom, immediately prior to the day on which the Perth Mint Act 1970 2
came into operation, the Imperial scheme applied as a person who has been
issued with a certificate of qualifications by one of Her Majesty’s
Civil Service Commissioners;
Imperial conditions means the terms and conditions
of employment relating to leave and retirement and benefits under the Imperial
scheme that, immediately prior to the day on which the Perth Mint
Act 1970 2 came into operation applied to a Royal Mint employee under the
terms and conditions of his employment as such an employee, and, in respect of
a person who elected to retire pursuant to section 17(c)(iii) of that Act
includes the benefits referred to in section 19(2) of that Act as enacted
prior to the coming into operation of the Perth Mint Amendment Act 1986 ;
Imperial scheme means the superannuation scheme
under the provisions of the Superannuation Act 1965 of the Parliament of
the United Kingdom, or any Act in amendment or substitution of that Act, that
was in force immediately prior to the day on which the Perth Mint
Act 1970 2 came into operation;
leave means leave of absence for any reason
including long service leave, sick leave, and holidays, and includes pro rata
entitlement to leave and payment in lieu of leave;
Royal Mint employee means a person employed at the
Royal Mint, immediately prior to the day on which the Perth Mint Act 1970
2 came into operation, under section 15 of the Coinage Act 1870 of
the Parliament of the United Kingdom or otherwise;
service has the meaning given to that expression
by section 6 of the Superannuation and Family Benefits Act 1938
5 ;
the Deputy Master means the person who,
immediately prior to the day on which the Perth Mint Act 1970 2 came into
operation, held the office of Deputy Master of the Royal Mint;
The Director of The Perth Mint means the body
corporate established pursuant to section 9 of the Perth Mint
Act 1970 2 as enacted prior to the coming into operation of the Perth
Mint Amendment Act 1986 ;
the Royal Mint means the Perth Branch of the Royal
Mint established by proclamation under section 11 of the Coinage
Act 1870 of the Parliament of the United Kingdom;
unestablished person means a Royal Mint employee
to whom, immediately prior to the day on which the Perth Mint Act 1970 2
came into operation, the Imperial scheme applied as a person employed in an
unestablished capacity, or as if he were a person employed in an unestablished
capacity, within the meaning and for the purposes of that scheme.
2 . Transitional arrangements as to employment
(1) On the coming into
operation of Part VI and this Schedule and notwithstanding the repeal by this
Act of the repealed Act, the employment of each person employed by the Mint,
whether as a permanent officer, a temporary officer, a wages employee or
otherwise, is continued on the same terms and conditions as subsisted
immediately before that time.
(2) Notwithstanding
the repeal by this Act of the repealed Act, a person who was employed by the
Mint immediately before the coming into operation of Part VI and this Schedule
shall not by reason of that repeal cease to be eligible for any benefit
(whether a benefit under the Imperial scheme or otherwise) relating to salary,
wages, leave, retirement or superannuation to which he would have been
entitled had that Act not been repealed in so far as the entitlement had
accrued at the time of the repeal of that Act, and the obligations of the
Mint, the State and of the Treasurer in respect of that Act shall, in so far
as they are not inconsistent with this Act and are required to give effect to
this subclause, be deemed to continue.
(3) For the purposes
of this Act, the continuation of the appointment or engagement with the Mint
under this Act of a person who was formerly appointed or engaged under the
provisions of the repealed Act or of an Act repealed by the repealed Act shall
be taken to constitute throughout a continuous appointment or engagement, but
no compensation or other payment is payable by reason only of the change in
the nature of the appointment or engagement occasioned by the operation of the
Perth Mint Amendment Act 1986 or by this Act.
(4) Where there is no
sufficient provision in this Schedule in respect of any matter or thing
necessary or convenient to ensure an orderly transition to give effect to this
Act in relation to persons appointed or engaged under the provisions of the
repealed Act or an Act repealed by the Perth Mint Amendment Act 1986 and
their entitlements arising therefrom, regulations made under this Act may make
that provision.
3 . Transitional termination and re-employment
scheme
(1) This
clause applies to every person who immediately before the coming into
operation of Part VI and this Schedule was an employee of the Mint who
was —
(a)
appointed as a permanent officer or as a temporary officer; or
(b)
engaged as a wages employee,
under Part III of the
repealed Act, as enacted immediately prior to the coming into operation of the
Perth Mint Amendment Act 1986 .
(2) The employment of
a person to whom subclause (1) applies shall terminate —
(a) on
the day appointed by the Minister under subclause (3);
(b) on
employment of that person by the Mint;
(c) on
that person becoming subject to Part 3 of the Public Sector
Management Act 1994 or employed 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 5
or by a person who, or body that, is an Employer for the purposes of the
State Superannuation Act 2000 ; or
(d) on
the termination of that employment —
(i)
by the employee;
(ii)
in accordance with its terms; or
(iii)
by reason of misconduct,
whichever occurs
first.
(3) The Minister, on
being satisfied that reasonable arrangements have been made whereby persons to
whom subclause (1) applies and who so wish have —
(a)
entered into arrangements with the Mint for employment; or
(b)
obtained employment, or been made a reasonable offer of employment, of the
kind referred to in subclause (2)(c),
may by notice
published in the Government Gazette , appoint a day for the purposes of
subclause (2)(a).
(4) Where, after the
coming into operation of this Schedule but prior to the day appointed under
subclause (3), a person ceases to be employed by the Mint but has accrued
entitlement to leave under the repealed Act that person —
(a) if
the person thereupon becomes subject to Part 3 of the
Public Sector Management Act 1994 , shall be deemed to have been in
continuous service and to have accrued such a leave entitlement under that
Act; and
(b)
otherwise, shall be entitled to payment by the Mint in lieu of that leave at a
rate of remuneration not less than that which the person would have received
in respect of that leave under the repealed Act.
[Clause 3 amended by No. 32 of 1994
s. 3(2); No. 43 of 2000 s. 46(1).]
4 . Continuity of service and superannuation
(1) Where a person
becomes, after the coming into operation of Part VI and this Schedule, an
employee of the Mint and immediately prior to his employment as such the
person occupied an office under Part 3 of the
Public Sector Management Act 1994 or otherwise was a contributor to units
of pension or to the Provident Account under the Superannuation and
Family Benefits Act 1938 5 that person shall for the purposes of
retaining any leave entitlement under the Public Service Act 1978 6
or any existing accruing rights under the
Superannuation and Family Benefits Act 1938 5 be taken to be, and
to have been, in continuous service, but the Public Service Act 1978
6 shall not otherwise apply to, or in relation to, an employee of the
Mint.
(2) The Mint, in
succession to The Director of The Perth Mint, shall for the purposes of the
Superannuation and Family Benefits Act 1938 5 be deemed to be a
department.
(3) Where a person who
is a contributor to the superannuation scheme established pursuant to the
Superannuation and Family Benefits Act 1938 5 is seconded to
service with the Mint, the Mint shall, if so directed by the Treasurer,
reimburse the Treasurer on behalf of the Crown in right of the State to be
credited to the Consolidated Account the proportion of the State share of the
liability in respect of that scheme in relation to the period of secondment.
[Clause 4 amended by No. 6 of 1993
s. 11; No. 32 of 1994 s. 3(2); No. 49 of 1996 s. 64;
No. 77 of 2006 s. 4.]
5 . Managing Director of the Mint
Notwithstanding
clause 2, on the coming into operation of Part VI and this Schedule,
the employment of the person appointed under section 9 of the repealed
Act and holding office as Managing Director of the Mint immediately before
that time shall cease.
6 . Transfer of certain functions of directors of
the Mint
(1) Any function
required to be performed by the Board of directors of the Mint under the
repealed Act, or under or in respect of any other law of the Commonwealth or
the State, concerning the operations of the Mint during the period ending when
the repeal of the repealed Act takes effect shall on the coming into operation
of Part VI and this Schedule be performed or continued by the Board of
Gold Corporation.
(2) Any function
required to effect the establishment of the Mint as a subsidiary of Gold
Corporation shall be performed by the Board of Gold Corporation.
(3) No action, claim
or demand lies against the Board of Gold Corporation, or any person who is or
was a member of that Board, in respect of any act, matter or thing done or
omitted to be done in good faith in the exercise or purported exercise of any
function performed under the repealed Act by the Board of directors of the
Western Australian Mint.
[Clause 6 amended by No. 10 of 1990
s. 6.]
7 . Appropriation for employment benefits
There is chargeable to
the Consolidated Account any moneys that —
(a) are
required to pay benefits arising out of employment with the Royal Mint before
the coming into operation of the Western Australian Mint Act 1970 ; or
(b) are
payable by the State under Division 3 of Part III of that Act as
enacted prior to the coming into operation of the Perth Mint Amendment
Act 1986 ,
and the Consolidated
Account is to the necessary extent appropriated accordingly.
[Clause 7 amended by No. 6 of 1993
s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]
8 . Amounts payable to the Consolidated Account
There shall be
credited to the Consolidated Account any amount that —
(a) is
paid to or recovered by the State under section 17(h);
(b) is
received or recovered by the State under section 22(1)(a) or (b);
(c) is
deducted under section 23;
(d) is
paid to the Treasurer under section 28(2);
(e) is
received or recovered by the Treasurer in respect of an amount charged to the
Consolidated Account under section 40(c); or
(f) is
paid to the Treasurer under section 41,
of the repealed Act,
as those sections were respectively enacted prior to the coming into operation
of the Perth Mint Amendment Act 1986 .
[Clause 8 amended by No. 6 of 1993
s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]
9 . Construction of references
A reference to The
Director of The Perth Mint, the Perth branch of the Royal Mint, or The Perth
Mint, or The Mint, whether by the use of any of those names or in a similar or
abbreviated form —
(a) in
any written law passed or made; or
(b)
otherwise made or contained in any document or other instrument executed or
entered into,
before the coming into
operation of Part VI and this Schedule shall, unless the context is such that
it would be incorrect or inappropriate to do so, be read and construed as a
reference to the Western Australian Mint.
[Schedule 3 deleted by No. 10 of 1990 s. 34.]