Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the State Superannuation
(Transitional and Consequential Provisions) Act 2000 and includes the
amendments made by the other written laws referred to in the following
table 1a.
|
Short title |
Number and Year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential
Provisions) Act 2000 |
43 of 2000 |
2 November 2000 |
Pt. 1 & 2 and s. 35, 42, 45, 49, 52, 58, 59(b), 65,
69 & 70: 17 Feb 2001 (see s. 2(1) and Gazette 16 Feb
2001 p. 903); s. 33(1), 36(1), 37(1), 39(1), 43(1), 46(1), 48(1),
60(1) and 62: 17 Feb 2001 (see section 2(2) and Gazette
16 February 2001 p. 903) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 111 |
74 of 2003 |
15 Dec 2003 (see s. 2) |
|
|
State Superannuation Amendment Act 2007
s. 78 |
25 of 2007 |
16 Oct 2007 |
6 Dec 2007 (see s. 2(1)(b) 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 (Transitional and Consequential
Provisions) Act 2000 2 |
43 of 2000 (as amended by 65 of 2003 s. 106 and 42 of
2004 s. 174) |
2 November 2000 |
s. 27-32, 33(2), 34, 36(2), 37(2), 38, 39(2), 40, 43(2), 44,
46(2), 47, 48(2), 50, 51, 53-57, 59(a), 60(2), 63, 64, 66-68 & 71-75 to be
proclaimed (see s. 2(2)) |
2 The State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 27-32, 33(2), 34, 36(2), 37(2), 38, 39(2), 40,
43(2), 44, 46(2), 47, 48(2), 50, 51, 53-57, 59(a), 60(2), 63, 64, 66-68 &
71-75 (as amended by 65 of 2003 s. 106 and 42 of 2004 s. 174) read as
follows —
“
Part 3 — Consequential
amendments
27. Agriculture and Related
Resources Protection Act 1976 amended
Section 9(5) of the Agriculture and Related Resources 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”.
28. Agriculture Protection Board
Act 1950 amended
Section 8A of the Agriculture Protection Board Act 1950
is amended as follows:
(a) by deleting “1994,” and inserting
instead —
“ 1994 or ”;
(b) by deleting “or the Superannuation and Family Benefits
Act 1938”.
29. 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
section 22, in particular his rights if any under the Superannuation and
Family Benefits Act 1938”;
(b) by repealing section 22.
30. 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
the Superannuation and Family Benefits Act 1938”;
(b) by repealing section 14.
31. 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 Act 1938,”;
(b) in subsection (9) by deleting “and for the purposes of the
Superannuation and Family Benefits Act 1938”.
32. Art Gallery Act 1959
amended
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,”.
33. Builders’ Registration Act 1939
amended
(2) Section 5AA(2)(a) of the Builders’ Registration Act 1939
is amended by deleting “, including rights under the Superannuation and
Family Benefits Act 1938,”.
34. Commercial Tribunal Act 1984 amended
Section 9(2)(a) of the Commercial Tribunal Act 1984 is
amended by deleting “, including his rights under the Superannuation
and Family Benefits Act 1938,”.
36. Coroners Act 1996 amended
(2) Section 6(5) of the Coroners Act 1996 is repealed.
37. Corporations (Western Australia) Act 1990
amended
(2) Section 83 of the Corporations (Western Australia) Act 1990 is
repealed.
38. 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,
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 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 2000.
”.
39. Director of Public Prosecutions Act 1991
amended
(2) Clause 3 of Schedule 1 to the Director of Public Prosecutions
Act 1991 is amended as follows:
(a) subclauses (1), (2) and (4) are deleted;
(b) in subclause (5) by deleting “a contributor within the meaning
of the Superannuation and Family Benefits Act 1938 or”;
(c) in subclause (7) by deleting “Superannuation and Family
Benefits Act 1938 or the”;
(d) in subclause (8) by deleting “the Superannuation and Family
Benefits Act 1938 or”.
40. 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 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 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 2000.
”.
43. Family Court Act 1997 amended
(2) Section 17 of the Family Court Act 1997 is repealed.
44. 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
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 ”.
46. Gold Corporation Act 1987 amended
(2) Schedule 2 of the Gold Corporation Act 1987 is amended as
follows:
(a) in clause 1 by deleting the definitions of “contributor”
and “service”;
(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”;
(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 Act 1938” and “or any existing accruing rights
under the Superannuation and Family Benefits Act 1938”;
(d) by deleting clause 4(2) and (3).
47. 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,”.
48. Hospitals and Health Services Act 1927
amended
(2) The Hospitals and Health Services Act 1927 is amended as
follows:
(a) in section 7E(2) —
(i) at the end of paragraph (b) by deleting the comma 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,”;
(c) in section 12A(1) by deleting “contributors for the
purposes of the Superannuation and Family Benefits Act 1938.”
and inserting instead —
“
Members of a superannuation scheme continued by section 29(c) or (d)
of the State Superannuation Act 2000.
”.
50. 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 Family Benefits
Act 1938, his rights under that Act)”.
51. 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
inserted instead —
“
(c) is a Member under the State Superannuation Act 2000 and is
in receipt of a pension under that Act, then the pension under this Act is to be
reduced by an amount equal to the State share (as defined under that Act) of the
pension payable under the State Superannuation Act 2000.
”.
(3) Section 6(4) is repealed.
”.
(4) Section 8A is repealed and the following section is inserted
instead —
“
8A. Reduction of spouse or de facto partner’s
pension
If the spouse or de facto partner of a Judge —
(a) is entitled to, or in receipt of, a spouse or de facto partner’s
pension under this Act; and
(b) is in receipt of a spouse or de facto partner’s pension under
the State Superannuation Act 2000,
then the pension under this Act is to be reduced by an amount equal to
the State share (as defined under the State Superannuation Act 2000)
of the pension under that Act.
[Section 51 amended by No. 65 of 2003 s. 106.]
53. 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
Act 1938,”;
(b) by deleting subsection (6).
54. 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,”;
(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,”.
55. 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 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 benefits, or long service
leave benefits, or other benefits of a similar nature, for all or any of its
employees.
”.
56. 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”;
(b) deleting section 27(1) and (2).
57. Perth Theatre Trust Act 1979 amended
Section 17 of the Perth Theatre Trust Act 1979 is
amended as follows:
(a) in subsection (4)(b) by deleting “, including his rights
under the Superannuation Act,”;
(b) by repealing subsections (5) and (8).
59. Public Sector Management Act 1994 amended
The Public Sector Management Act 1994 is amended as
follows:
(a) by repealing section 20(1);
60. Retirement Villages Act 1992 amended
(2) 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”.
63. Small Claims Tribunals Act 1974 amended
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”.
64. Solicitor-General Act 1969 amended
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”;
(b) by repealing subsection (2).
66. Stipendiary Magistrates Act 1957 amended
The Stipendiary Magistrates Act 1957 is amended as
follows:
(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.”;
(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).
67. 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”.
68. 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
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 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).
71. 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 Family Benefits
Act 1938”.
72. Western Australian Land Authority Act 1992
amended
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)”.
73. Western Australian Tourism Commission Act 1983
amended
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)”;
(b) in subsection (2) by deleting “and for the purposes of the
Superannuation and Family Benefits Act 1938”;
(c) by repealing subsection (3).
74. Workers’ Compensation and Rehabilitation Act 1981
amended
Section 201(2) of the Workers’ Compensation and Injury
Management Act 1981 is amended by deleting “or the
Superannuation and Family Benefits Act 1938”.
[Section 74 amended by No. 42 of 2004 s. 174.]
75. Various provisions repealed
The provisions listed in the Table to this section are
repealed.
Table of provisions repealed
|
Act |
Provision |
|---|---|
|
Sch. 2, Part B, cl. 2 |
|
|
Children’s Court of Western Australia Act 1988 |
s. 7(4) |
|
Sch. 4, cl. 1 |
|
|
s. 15 |
|
|
s. 5E(2) |
|
|
s. 62(2) |
|
|
s. 11 |
|
|
Sch. 2, cl. 3 |
|
|
s. 27(4) |
|
|
s. 20(8), (8a), (8b), (8c), (8d) |
|
|
s. 22 |
|
|
s. 10(2) |
|
|
ss. 12 to 14 |
|
|
Sch. 4, cl. 7A |
|
|
Western Australian Planning Commission Act 1985 |
s. 43 |
|
s. 19(3) |
|
|
Workplace Agreements Act 1993 |
Sch. 2, Part B, cl. 2 |
”.
3 The text of the Superannuation and Family Benefits
Act 1938 as continued and amended under the State Superannuation
(Transitional and Consequential Provisions) Act 2000 s. 26 may be
viewed in the Acts database of the Statutes of Western Australia.