Western Australian Consolidated Acts Western Australian Consolidated Acts1 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 1a. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
42 of 2000 |
2 Nov 2000 |
17 Feb 2001 (see s. 2 and Gazette
16 Feb 2001 p. 903) |
|
|
Corporations (Consequential Amendments) Act 2001
s. 220 |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|
Acts Amendment (Lesbian and Gay Law Reform)
Act 2002 Pt. 19 |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette
20 Sep 2002 p. 4693) |
|
Corporations (Consequential Amendments) Act
(No. 3) 2003 Pt. 15 3 |
21 of 2003 |
23 Apr 2003 |
11 Mar 2002 (see s. 2 and Cwlth
Gazette 24 Oct 2001 No. GN42) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2
Div. 120 4 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Superannuation Legislation Amendment and Validation
Act 2006 Pt. 35 |
18 of 2006 |
31 May 2006 |
31 May 2006 (see s. 2) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 17 Div. 9 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Reprint 1: The State Superannuation Act 2000
as at 18 Aug 2006 (includes amendments listed
above) |
|||
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2 and Gazette
19 Jan 2007 p. 137) |
|
State Superannuation Amendment Act 2007 Pt. 1, 2
and 5 (other than Div. 3 Subdiv. 2) |
25 of 2007 |
16 Oct 2007 |
Pt. 1: 16 Oct 2007
(see s. 2(1)(a)); Pt. 2: 6 Dec 2007 (see s. 2(1)(b) and Gazette 5
Dec 2007 p. 5973); Pt. 5 Div. 1 and 2 repealed by No. 25 of 2007
s. 2(8)(a); Pt. 5 Div. 3 Subdiv. 1: 6 Dec 2007 (see s. 2(1)(e)
and Gazette 5 Dec 2007 p. 5973) |
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
State Superannuation Amendment Act 2007 Pt. 3, 4
and 5 Div. 3 Subdiv. 2 6 |
25 of 2007 |
16 Oct 2007 |
Pt. 3: operative on publication of an order under the
State Superannuation Act 2000 s. 56 (“transfer
time”) (see s. 2(1)(c)); Pt. 4: to be proclaimed
(see s. 2(1)(d)); |
2 The Superannuation and Family Benefits
Act 1938 and the Government Employees Superannuation
Act 1987 were repealed by s. 39 of this Act. Certain
provisions of those Acts continue to apply to and in relation to certain schemes
because of the State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 26.
3 The Corporations (Consequential Amendments) Act
(No. 3) 2003 s. 2-4 read as follows:
“
(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.
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.
(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 On the date as at which this
compilation was prepared, the State Superannuation Amendment Act 2007
Pt. 3, 4 and 5 Div. 3 Subdiv. 2 had not
come into operation. They read as follows:
“
Part 3 — Amendments at transfer
time
20. Section 3
amended
Section 3(1) is amended as follows:
(a) in the definition of “Board” by deleting “Government
Employees” and inserting instead —
“ State ”;
(b) by deleting the definition of “GES Act”.
After section 4 the following Part is
inserted —
Part 2 — Employer
contribution obligation
(1) In this Part —
chosen fund means a fund chosen by an employee in accordance
with the SGA Act Part 3A Division 4;
employee has the meaning given in the SGA Act
section 12;
fund has the meaning given in the SGA Act
section 32E;
individual superannuation guarantee shortfall has the
meaning given in the SGA Act section 19;
prescribed fund, in relation to an employee, means the fund
prescribed by the regulations for that employee;
SGA Act means the Superannuation Guarantee
(Administration) Act 1992 (Commonwealth);
superannuation guarantee charge means the charge imposed by
the Superannuation Guarantee Charge Act 1992
(Commonwealth).
(2) For the purposes of this Part an employee is to be regarded as an
employee of the person or body prescribed by the regulations for that
employee.
4B. Employers
to make contributions
(1) An Employer must make contributions to the prescribed fund for each of
its employees such that the Employer will avoid incurring an individual
superannuation guarantee shortfall for the employee.
(2) If an Employer becomes liable to pay the superannuation guarantee
charge as a result of incurring an individual superannuation guarantee shortfall
for an employee for a period, the Employer’s obligation under
subsection (1) to contribute for that employee for that period
ceases.
(3) This section does not apply in relation to an employee who is in a
class of employees prescribed by the regulations.
4C. Regulations
may require extra contributions
Regulations made under section 79 may require an Employer to make
contributions to a fund in addition to any contributions the Employer is
required to make under section 4B or any other written law.
4D. No
contributions to other funds
An Employer must not make contributions for an employee to a fund other
than the prescribed fund unless the Treasurer has approved the making of those
contributions.
”.
22. Section 4E
amended
(1) Section 4E(1) is amended as follows:
(a) by deleting “the Schedules —” and inserting
instead —
“ Schedules 1 and 2 — ”;
(b) in the definition of “Fund” by deleting “Government
Employees” and inserting instead —
“ State ”;
(c) in the definition of “scheme” by deleting “or
established under this Part”;
(d) by deleting the definition of “subsidiary”.
(2) Section 4E(2) is repealed.
The heading to Part 3 Division 2 is amended by deleting
“Government Employees” and inserting instead —
“ State ”.
24. Section 5
amended
(1) Section 5(1) is repealed and the following subsection is inserted
instead —
“
(1) There is a body called the State Superannuation Board.
”.
(2) Section 5(3) is repealed and the following subsection is inserted
instead —
“
(3) The Board is a continuation of, and the same legal entity as, the body
that was, before the transfer time, called the Government Employees
Superannuation Board.
”.
Note: The heading to section 5 will be
altered by deleting “Government Employees” and inserting instead
“State”.
25. Section 6
amended
(1) Section 6(1) is amended as follows:
(a) after paragraph (c) by inserting —
“
(ca) with the approval of the Treasurer, administer any other
superannuation scheme established by or under a written law; and
”;
(b) by deleting paragraph (e) and “and” after it and
inserting instead —
“
(e) facilitate the provision of services to members of superannuation
schemes administered by the Board and to Employers; and
”.
(2) Section 6(3) is amended by inserting after “trading
names” —
“
, being names that are not, and do not include, the term
“GESB”
”.
26. Section 7
amended
(1) Section 7(2)(c), (ca), (d), (e) and (f) and
“and” after each of them are deleted.
(2) After section 7(3) the following subsection is
inserted —
“
(4) Without limiting subsection (1) the Board may charge a fee for
administering a superannuation scheme of a kind referred to in
section 6(1)(ca).
”.
27. Sections 7A
and 7B repealed
Sections 7A and 7B are repealed.
28. Section 8
amended
Section 8(1) is repealed and the following subsections are inserted
instead —
“
(1) The Board comprises the prescribed number of
directors —
(a) of whom one is to be appointed by the Governor as chairman on the
nomination of the Treasurer; and
(b) of the others of whom —
(i) half are to be appointed by the Governor as Employer directors;
and
(ii) half are to be elected or appointed in accordance with the
regulations as Member directors.
(1a) The number prescribed for the purposes of subsection (1) must be
an odd number not exceeding 7.
”.
29. Section 11
replaced
Section 11 is repealed and the following section is inserted
instead —
“
11. Use
of government staff and facilities
(1) The Board may by arrangement with the relevant employer make use,
either full-time or part-time, of the services of any officer or
employee —
(a) in the Public Service; or
(b) in a State agency; or
(c) otherwise in the service of the State.
(2) The Board may by arrangement with —
(a) a department of the Public Service; or
(b) a State agency,
make use of any facilities of the department or agency.
(3) An arrangement under subsection (1) or (2) is to be made on
terms, including as to payment, agreed to by the parties.
”.
30. Section 12
amended
Section 12(1) is amended by deleting “section 23”
and inserting instead —
“ section 18(4) ”.
The heading to Part 3 Division 3 is amended by deleting
“Government Employees” and inserting instead —
“ State ”.
32. Section 14
amended
(1) Section 14(1) is amended by deleting “Government
Employees” and inserting instead —
“ State ”.
(2) Section 14(2) is repealed and the following subsection is
inserted instead —
“
(2) The State Superannuation Fund is a continuation of, and the same fund
as, the fund that was, before the transfer time, called the Government Employees
Superannuation Fund.
”.
Note: The heading to section 14 will be
deleted and the following heading will be inserted instead “State
Superannuation Fund”.
33. Section 15
amended
Section 15(2)(ba) and “and” after it are
deleted.
34. Section 18
amended
(1) Section 18(3) is amended by deleting from “an
investment,” to the end of the subsection and inserting
instead —
“
an investment; and
(c) mix investments with investments of any other person,
as if it were dealing with its own property as it considers
appropriate.
”.
(2) After section 18(3) the following subsection is
inserted —
“
(4) Subject to the Treasurer’s guidelines the Board may delegate any
or all of its functions under this section to a person approved by the
Treasurer.
”.
35. Section 23
repealed
Section 23 is repealed.
36. Section 28
replaced
Section 28 is repealed and the following section is inserted in
Part 3 Division 3 —
“
28. Application
of Financial Management Act 2006 and Auditor General
Act 2006
The provisions of the Financial Management Act 2006 and the
Auditor General Act 2006 regulating the financial administration,
audit and reporting of agencies apply to and in respect of the Board and its
operations.
”.
37. Section 30
repealed
Section 30 is repealed.
38. Section 33
amended
Section 33(2) is amended as follows:
(a) in paragraph (b) by deleting “the provision by the Board
of, or” and “, products and”;
(b) in paragraph (d) by inserting after
“investments” —
“ , and the delegation of functions, ”;
(c) in paragraph (e) by deleting “sections 18, 23, 24
and 38(5);” and inserting instead —
“ sections 18 and 24; ”;
(d) by deleting paragraphs (h) and (i) and “and”
after each of them.
39. Sections 33A
and 33B repealed
Sections 33A and 33B are repealed.
40. Section 36
amended
(1) Section 36(1)(a) and (3) are amended by deleting “or a
subsidiary”.
(2) Section 36(2)(b) is amended by inserting after
“facilities” —
“ (including any being used in accordance with section 11)
”.
(3) Section 36(4) is amended in the definition of
“beneficiary” by deleting paragraph (c) and inserting
instead —
“
(c) any other person to whom a benefit has been or is being paid, or is or
may become payable;
”.
41. Section 37
repealed
Section 37 is repealed.
42. Section 38
amended
(1) Section 38(2) is amended as follows:
(a) by deleting paragraph (a) and “and” after
it;
(b) by deleting paragraph (j) and “and” after it and
inserting instead —
“
(j) facilitation by the Board of the provision of services under
section 6(1)(e); and
”;
(c) after paragraph (l) by deleting the full stop and inserting
instead —
“
; and
(m) the discontinuance of a scheme.
”.
(2) Section 38(5) is repealed.
(3) Section 38(8) is repealed and the following subsections are
inserted instead —
“
(7) Regulations cannot be made after the transfer time if they would
permit a person to become —
(a) a member of the West State scheme or the scheme continued by
section 29(1)(b); or
(b) a contributor or subscriber to a scheme continued by
section 29(1)(c) or (d).
(7a) Subsection (7) does not affect any regulation, or provision of
the Superannuation and Family Benefits Act 1938 continued under the
State Superannuation (Transitional and Consequential Provisions)
Act 2000 section 26(1)(c), that is in force immediately before the
transfer time.
(8) Regulations providing for the discontinuance of a scheme cannot be
made unless —
(a) there are no members, contributors or subscribers left in the scheme;
or
(b) the regulations provide for the transfer of members’,
contributors’ or subscribers’ benefits in the scheme to another
superannuation fund or scheme in a manner that, if each scheme affected by the
regulations were a regulated superannuation fund, would be permitted under the
SIS Act.
”.
Before section 77 the following section is inserted in
Part 5 —
“
76. Restriction
on other public sector superannuation schemes
(1) An Employer may establish a superannuation scheme or fund for the
benefit of persons who work for the Employer, if and only if the Treasurer has
approved the establishment of that scheme or fund.
(2) An approval given by the Treasurer under this section must be in
writing and may relate to —
(a) a particular Employer or class of Employers; or
(b) a particular person who works for an Employer, or class of such
persons; or
(c) a particular scheme or fund or class of schemes or funds.
(3) This section applies despite any other written law.
”.
44. Section 79
amended
After section 79(3) the following subsection is
inserted —
“
(4) If the Minister responsible for the administration of this Act is not
the Treasurer, regulations cannot be made for the purposes of this Act unless
they have been approved by the Treasurer.
”.
After section 79 the following section is
inserted —
“
80. Transitional
and saving provisions
Schedule 3 sets out transitional and savings provisions.
”.
(1) The amendments in this section are to Schedule 1.
(2) The Schedule heading is amended by deleting “Government
Employees” and inserting instead —
“ State ”.
(3) Clauses 1(2), 2(2) and 3 are repealed.
(4) Clause 4(1) is amended by deleting
“section 8(1)(b)” and inserting instead —
“ section 8(1)(b)(i) ”.
(5) Clause 4(2) is amended by deleting “under
section 8(1)(c)” and inserting instead —
“ or appointed under section 8(1)(b)(ii)
”.
(6) Clause 6(1) is amended by deleting “A casual vacancy in the
office of a director occurs if the director —” and inserting
instead —
“ A person ceases to be a director if the person —
”.
(7) Clause 6(2)(c) and “or” after it are deleted and the
following is inserted instead —
“
(c) is incompetent or is otherwise not a fit and proper person to be a
director; or
”.
(8) Clause 6(3) and (4) are repealed.
Note: The heading to clause 6 will be
deleted and the following heading will be inserted instead “Vacation of
office by director”.
(1) The amendments in this section are to Schedule 2.
(2) Clause 2 is amended by deleting “5 directors.” and
inserting instead —
“ two-thirds of the total number of directors.
”.
(3) Clause 4(c) is amended by deleting “5 or more
directors” and inserting instead —
“ at least the number of directors required to form a quorum
”.
Schedule 3 is repealed and the following Schedule is inserted
instead —
Schedule 3 — Transitional
and saving provisions
[s. 80]
Division 1 — Provisions
for State Superannuation Amendment Act 2007
1. References
to Board and Fund
(1) A reference in a written law or other document to the Government
Employees Superannuation Board may be read as if it had been amended to be a
reference to the State Superannuation Board.
(2) A reference in a written law or other document to the Government
Employees Superannuation Fund may be read as if it had been amended to be a
reference to the Fund as defined in the State Superannuation
Act 2000 section 4E.
(3) This clause applies to the extent that a contrary intention does not
appear.
2. Transitional
provision in relation to Minister
After the transfer time anything that was done or omitted to be done by,
to, or in relation to, the Minister before the transfer time and is of any
ongoing effect, has the same effect after that time as if it had been done or
was omitted to be done by, to, or in relation to, the Treasurer.
”.
49. Various
references to Minister amended
(1) The provisions listed in the Table to this subsection are amended by
deleting “Minister” in each place where it occurs and inserting
instead —
“ Treasurer ”.
Table
|
s. 3(1) (defn. of “actuary”) |
Sch. 1 cl. 2(1) |
|
s. 34(1) |
Sch. 1 cl. 6(1), (2) |
|
s. 35(1) and (2) |
Sch. 1 cl. 7 (first place only) |
|
s. 36(1), (2), (3) and (4) (defn. of
“information”) |
Sch. 2 cl. 11(2) |
|
s. 77(2), (3), (5) and (6) |
|
|
Sch. 1 cl. 1(1) |
|
(2) Section 6(1)(d) is amended by deleting “Minister and
the”.
(3) Section 36(1) is amended by deleting
“Minister’s” and inserting instead —
“ Treasurer’s ”.
(4) Section 77(1) is amended as follows:
(a) after the definition of “direction” by deleting the
semicolon and inserting instead a full stop;
(b) by deleting the definition of “Minister”.
Note: The heading to sections 35 and 36
will be altered by deleting “Minister” and inserting instead
“Treasurer”.
Part 4 — Amendments to introduce
choice
(1) Section 4B(1) is amended by deleting “the prescribed
fund” and inserting instead —
“ a fund ”.
(2) After section 4B(1) the following subsections are
inserted —
“
(1a) The contributions required by subsection (1) to be made for an
employee must be made to —
(a) a chosen fund for the employee; or
(b) if at the time the contribution is made there is no chosen fund for
the employee, the prescribed fund.
(1b) Except as prescribed in the regulations, an Employer must comply with
the requirements of the SGA Act Part 3A Division 6, even if it is
not required by that Act to do so, and in doing so must specify the prescribed
fund as the fund to which the Employer will contribute if the employee does not
choose a different fund.
”.
Section 4D is repealed.
Part 5 — Amendments relating to West
State scheme
Division
3 — West
State separated into sub-fund
Subdivision
2 — Amendments at separation time
72. Section 4E
amended
Section 4E(1) is amended as follows:
(a) by deleting the definition of “Fund” and inserting
instead —
“
Fund means —
(a) unless paragraph (b) applies — the sub-fund of the
State Superannuation Fund referred to in section 14(3)(a) and called the
Defined Benefit Fund; or
(b) if the West State scheme has been discontinued — the State
Superannuation Fund under section 14;
”;
(b) in the definition of “scheme” by deleting
“section 29;” and inserting instead —
“ section 29(1)(b), (c) or (d); ”.
73. Section 22
repealed
Section 22 is repealed.
74. Section 33
amended
Section 33(2)(g) and “and” after it are
deleted.
75. Section 38
amended
(1) Section 38(3)(b)(i) is amended by deleting “the West State
scheme or”.
(2) Section 38(7)(a) is amended by deleting “the West State
scheme or”.
76. Section 51
amended
Section 51(1) and (2) are amended by inserting after
“section 43(3)(c)” —
“ or 75K(5) ”.
”.