STATE SUPERANNUATION ACT 2000 - NOTES

STATE SUPERANNUATION ACT 2000 - NOTES

Notes

¹ This is a compilation of the State Superannuation Act 2000 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

³ The Corporations (Consequential Amendments) Act (No. 3) 2003 s. 2-4 read as follows:

2. Commencement

(1) If this Act receives the Royal Assent before the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act comes into operation at the same time as that Schedule comes into operation.

(2) If this Act receives the Royal Assent on or after the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act is deemed to have come into operation at the same time as that Schedule comes into operation.

3. Interpretation

In this Part —

Financial Services Reform Act means the Financial Services Reform Act 2001 of the Commonwealth;

FSR commencement time means the time when Schedule 1 to the Financial Services Reform Act comes into operation;

statutory rule means a regulation, rule or by-law.

4. Validation

(1) This section applies if this Act comes into operation under section 2(2).

(2) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent that could have been done if this Act had received the Royal Assent before the FSR commencement time is taken to be as valid and lawful, and to always have been as valid and lawful, as it would have been if this Act had received the Royal Assent before the FSR commencement time.

(3) Anything done or omitted to have been done by a person after the FSR commencement time and before this Act received the Royal Assent that would have been valid and lawful if the Financial Services Reform Act had not commenced, is taken to be valid and lawful.

(4) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent —

(a) that could only have been validly and lawfully done or omitted because this Act received the Royal Assent after the FSR commencement time; and

(b) that could not have been validly and lawfully done or omitted if this Act had received the Royal Assent before the FSR commencement time,

is taken not to be valid, and to never have been valid.

⁴ The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

⁵ The Superannuation Legislation Amendment and Validation Act 2006 s. 17 and 18 read as follows:

17. Validation of certain payments

(1) In this section —

Superannuation Act means the State Superannuation 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 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,

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.

(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 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

(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) 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).

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 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 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 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.

⁶ The State Superannuation Amendment Act 2007 Pt. 5 Div. 1 and 2 were repealed by the State Superannuation Amendment Act 2007 s. 2(8)(a) and Pt. 3, 4, 5 Div. 3 Subdiv. 2 and Pt. 6 Div. 2 were repealed by the State Superannuation Amendment Act 2011 s. 4 before they purported to come into operation.

Defined terms



[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

actuary 3(1)

beneficiary 36(4)

benefit 3(1)

benefits 28(3)

Board 3(1)

Board officer 11(3)

borrow money 24(3)

chosen fund 4A(1)

Corporations Act 3(1)

default fund 4A(1)

Department 33(4B)

document 36(4)

employee 4A(1)

Employer 3(1)

exempt employee 4A(1)

Fund 3(1)

fund 4A(1)

GES Act 3(1)

individual superannuation guarantee shortfall 4A(1)

information 36(4)

Member 3(1)

multiplying factor 38(5B)

parliamentary purposes 36(4)

pension value factor 38(5B)

prior approval Sch. 3 cl. 1

relevant benefit 38(5B)

scheme 3(1)

SGA Act 4A(1)

spouse 28(3)

subsidiary 3(1)

superannuation guarantee charge 4A(1)

Treasurer’s guidelines 3(1)