Parliamentary Superannuation Act 1974 (SA)

South Australia

Parliamentary Superannuation Act 1974

An Act to provide for the payment of superannuation benefits to persons who have served as members of Parliament; and for other purposes.

Contents

Part 1—Preliminary

1            Short title
5            Interpretation
6            Voluntary and involuntary retirement
7           Computation of service
7A          Putative spouses
7B          Restriction on publication of court proceedings
7C          Arrangement of schemes
7D          Membership of schemes
7E          PSS 3 member may elect to participate in other schemes
7F          Special provisions relating to rollovers for PSS 1 and PSS 2 members
7G          Special provisions relating to salary sacrifice by members

Part 2—The South Australian Parliamentary Superannuation Board

8            The Board
9            The Board's membership
10          Procedure at meetings of the Board
11          Availability of Public Service employees
12          Report

Part 2A—The Parliamentary Superannuation Fund

13 The Fund

Part 2B—Members' contribution accounts

13A         Members' contribution accounts
13AB       Rollover accounts
13B         Accretions to members' accounts
13C         Rollover of money from other funds or schemes
13D         Co‑contribution accounts

Part 3—Contributions

Division 1—Preliminary

14 Preliminary

Division 2—Contributions by members of PSS 1 or PSS 2

14A Contributions by members of PSS 1 or PSS 2

Division 3—Contributions by members of PSS 3

14B Contributions by members of PSS 3

Division 4—Government contributions with respect to PSS 3

14C Government contributions
14D Government contribution accounts

Part 4—Pension and benefits for former members

Division 1—Entitlement to pension

15          Application of Division
16          Entitlement to a pension on retirement
17          Amount of pension for PSS 1 member pensioners
17A        Amount of pension for PSS 2 member pensioners
17B         Supplementary provisions
18          Invalidity retirement
19          Reduction of pension in certain circumstances
19A         Preservation of pension in certain cases
20          Suspension of pension

Division 2—Commutation of pension

21 Commutation of pension
21A Application of section 21 to certain member pensioners

Division 2A—Superannuation benefits for PSS 3 members

21AB       Application of Division
21AC       Interpretation
21AD       Retirement at or above age 55
21AE       Cessation of membership before age 55
21AF       Preservation of components
21AG       Cessation of membership on ground of invalidity
21AH       Death of PSS 3 member
21AI        Determination of invalidity/death insurance

Division 3—Related matters

22          Other benefits under PSS 1
22A         Other benefits under PSS 2
23          Pension paid for limited period
23AA       Commutation to pay deferred superannuation contributions surcharge—pension entitlements
23AAB     Commutation to pay deferred superannuation contributions surcharge—lump sum entitlements
23AAC     Commutation to pay deferred superannuation contributions surcharge following death of member
23AAD     Withheld amount
23AAE     Payment of Division 293 tax

Part 4A—Family Law Act provisions

23A         Purpose of this Part
23B         Interpretation
23D         Value of superannuation interest
23E         Non-member spouse's entitlement
23F         Non-member spouse's entitlement where pension is in growth phase
23G         Non-member spouse's entitlement where pension is in payment phase
23H        Payment of non-member spouse's entitlement
23I         Reduction in member's entitlement
23J         Benefit not payable to spouse on death of member if split has occurred
23K         Board to comply with Commonwealth requirements
23L         Fees

Part 5—Pension for spouse and child benefit

Division 1—Pension for spouse

24          Pension for spouse of deceased PSS 1 member pensioner
25          Pension for spouse of deceased PSS 1 member
25A         Pension for spouse of PSS 2 member pensioner
25B         Pension for spouse of deceased PSS 2 member
25C         Interpretation
26          Spouse pension
26AAA     Spouse entitlement subject to any Family Law determination

Division 1A—Commutation of spouse pension

26AA Commutation of pension

Division 2—Child benefit

26AAB     Application of Division
26A         Certain former members deemed members at time of death
27          Determination of child benefit
28          Child benefit, general
29          Child benefit where no spouse's pension payable
30          Payment to, or on behalf of, child
31          Cessation of child benefit

Part 5A—Benefit payable to member's estate (PSS 1 or PSS 2)

31A Benefits payable to member's estate (PSS 1 or PSS 2)

Part 6—Adjustment of pensions

Division 1—Pensioners under repealed Act

32          Pensions to continue
33          Spouse pension continued
34          Suspension of certain pensions

Division 2—Future adjustment

35 Adjustment of pensions

Part 7—Miscellaneous

36          Additional invalidity/death insurance
36A         Division of benefit where deceased member is survived by lawful and putative spouses
36B         Power to obtain information
37          Payment of benefits
38          Pensions not assignable
39          Financial provision
39A         Confidentiality
40          Regulations

Schedule 1—Transitional provision

1 Transitional provision

Schedule 2—Table showing maximum percentage of pension that may be commuted

Schedule 3—Commutation factors for spouse pensions

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title
This Act may be cited as the Parliamentary Superannuation Act 1974.
5—Interpretation

In this Act, unless the contrary intention appears—
additional salary means the amount by which the salary of a member who holds Ministerial or other Parliamentary office exceeds the basic salary of a member, and includes any remuneration declared by proclamation to be additional salary for the purposes of this Act;
approved form means a form approved by the Board;
basic salary of a member means—
(a)where the member holds no Ministerial or Parliamentary office—the salary to which the member is entitled under the Parliamentary Remuneration Act 1990;
(b)where the member holds a Ministerial or Parliamentary office—the salary to which the member would be entitled under the Parliamentary Remuneration Act 1990 if the member held no such office;
the Board means the South Australian Parliamentary Superannuation Board;
child benefit means child benefit payable pursuant to Division 2 of Part 5;
co‑contribution means a payment made to the Board in respect of a person by the Commissioner of Taxation pursuant to the requirements of the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 of the Commonwealth;
co‑contribution account means an account established and maintained by the Board as a co‑contribution account in accordance with the requirements of this Act;
complying superannuation fund has the meaning given by section 45 of the SIS Act;
contribution means any contribution paid by a member pursuant to the repealed Act or this Act;
death insurance benefit is the death insurance to which a PSS 3 member is entitled by virtue of his or her membership of PSS 3;
deferred superannuation contributions surcharge in relation to a member means the amount that the member is liable to pay the Commissioner of Taxation under section 15(6) of the Superannuation Contributions Tax Act;
eligible child means the child or adopted child—
(a)of a deceased PSS 1 or PSS 2 member or deceased PSS 1 or PSS 2 member pensioner; or
(b)of the spouse of a deceased PSS 1 or PSS 2 member or deceased PSS 1 or PSS 2 member pensioner, not being a child—
(i)born of a pregnancy that commenced after the death of the member or pensioner; or
(ii)adopted after the death of the member or pensioner;
who—
(c)has not attained the age of 16 years; or
(d)having attained that age, has not attained the age of 25 years and is in full time attendance at an educational institution recognised by the Board for the purposes of this Act;
former PSS 1 member means a person who was a PSS 1 member immediately before ceasing to be a member;
former PSS 2 member means a person who was a PSS 2 member immediately before ceasing to be a member;
the Fund means the Parliamentary Superannuation Fund established by this Act;
invalidity insurance benefit is the invalidity insurance to which a PSS 3 member is entitled by virtue of his or her membership of PSS 3;
judge means a judge of the Supreme Court nominated by the Chief Justice to exercise the powers of a judge under this Act;
member means a member of either House of Parliament of the State, and includes a person who, having ceased to be such a member, is still in receipt of salary but does not include a non-participating member;
member pensioner means a former member who is entitled to a pension under this Act by virtue of being a PSS 1 member or a PSS 2 member notwithstanding that, at the material time, payment of that pension may be suspended or the pension may be preserved under this Act;
non-participating member means a member of either House of Parliament who has made an election under section 7E;
notional pension—
(a)in relation to a deceased PSS 1 or PSS 2 member, means the amount of pension that would have been payable to that deceased member on the day in relation to which the expression is used if—
(i)on the day that he died, he had retired in the circumstances referred to in section 18; and
(ii)he had been alive and in receipt of a pension on the day in relation to which the expression is used; and
(b)in relation to a deceased member pensioner, means the amount of pension that would have been payable to that pensioner if he had been alive and in receipt of pension on the day in relation to which the expression is used;
pension day, in relation to a pension, means the day on which a periodical payment of that pension is usually made;
prescribed office means an office or position in respect of which additional salary is payable;
PSS 1—see section 7C(1);
PSS 2—see section 7C(2);
PSS 3—see section 7C(3);
PSS 1 member means a member of PSS 1—see section 7D(2);
PSS 1 member pensioner means a member pensioner who was a PSS 1 member immediately before ceasing to be a member;
PSS 2 member means a member of PSS 2—see section 7D(3);
PSS 2 member pensioner means a member pensioner who was a PSS 2 member immediately before ceasing to be a member;
PSS 3 member means a member of PSS 3—see sections 7D(4) and 7F;
putative spouse—see section 7A;
registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;
the repealed Act means the Parliamentary Superannuation Act 1948;
salary means basic salary (expressed as an annual salary);
service, in relation to a member, means the member's service as determined by the rules set out in section 7;
SIS Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
special deposit account means a special deposit account established under section 8 of the Public Finance and Audit Act 1987;
spouse includes a putative spouse;
spouse pension means—
(a)a pension payable to the surviving spouse of a member or former member under the repealed Act that was so payable immediately before the commencement of this Act; or
(b)a pension payable to the spouse of a deceased PSS 1 or PSS 2 member or deceased member pensioner and first payable on or after the commencement of this Act.
State includes a Territory of the Commonwealth;
Superannuation Contributions Tax Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;
superannuation salary sacrifice means any salary that a member is sacrificing for the purposes of superannuation under section 4B of the Parliamentary Remuneration Act 1990;
surcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax Act.
The Governor may, by proclamation, declare any remuneration to which a member is entitled to be additional salary for the purposes of this Act and the Governor may, by proclamation, amend, vary or revoke any such declaration.
For the purposes of the definition of basic salary in subsection (1), the salary to which a member is entitled under the Parliamentary Remuneration Act 1990 includes the amount of any contribution that the member makes towards the cost of providing an article, motor vehicle, equipment or service by way of a salary sacrifice (as contemplated by section 4A(2) of that Act), the amount of any superannuation salary sacrifice (as contemplated by section 4B of that Act for the relevant period), and the amount of any contribution that the member makes towards the cost of providing an allowance or benefit by way of salary sacrifice (as contemplated by section 6A(2) of that Act).

6—Voluntary and involuntary retirement

For the purposes of this Act, a former member shall be deemed to have retired involuntarily if his term of office expires or he resigns and a judge is satisfied that, upon so ceasing to be a member—
(a)he genuinely sought to be elected at an election for the Parliament of this State (whether or not for the same electorate or the same House), another State or the Commonwealth (being an election not later than the next general election for that Parliament occurring after he ceased to be a member) but—
(i)having stood as a candidate, was defeated; or
(ii)failed to be a candidate due to—
(A)his failure to secure the support of a political party from which he reasonably sought support; or
(B)his expulsion from a political party; or
(C)ill health; or
(D)any other good and sufficient reason; or
(b)he sought to be and was elected at an election for the Parliament of another State or the Commonwealth (being an election not later than the next general election for that Parliament occurring after he ceased to be a member).
In addition, a former member will be taken to have retired involuntarily if—
(a)at the conclusion of his or her last term of office as a member of the Parliament (the preceding term of office) the former member stood as a candidate for re-election to the same House at the ensuing election but was defeated; and
(b)both at the time of his or her election for the preceding term of office and at the ensuing election the former member was—
(i)endorsed by the same political party; or
(ii)an independent candidate.
Where a member ceases to be a member otherwise than—
(a)by death; or
(b)on the grounds of invalidity or ill health that prevents the member from being able to carry out the duties of office to a reasonable degree; or
(c)in circumstances referred to in subsection (1) or (2),
that member shall, for the purposes of this Act, be deemed to have retired voluntarily.

7—Computation of service
In computing the length of a member's service for the purposes of PSS 1 or PSS 2 the following rules shall be observed:
(a)if a member is elected to Parliament between the 28th day of February and the 1st day of August in any year, except in the case of such a member elected to fill a casual vacancy, his service shall be reckoned from the 1st day of March of that year; and
(b)if a member ceases to be a member of Parliament by reason of a dissolution taking place within 2 months before the expiration of the House of Assembly by effluxion of time, his service shall be deemed to continue until the day on which the House of Assembly would have so expired; and
(c)service whether occurring before or after the commencement of this Act shall be taken into account; and
(d)where the continuity of a member's service has been broken, the former period of service (and any service by the member in a prescribed office during that former period) shall not be taken into account (subject to paragraph (f) and to the operation of section 20); and
(e)subject to this section, only the actual service of a member shall be regarded as service; and
(f)actual service may include previous service if so provided by another section of this Act (including a section that made provision as to service before its repeal by the Parliamentary Superannuation (Scheme for New Members) Amendment Act 2005).

7A—Putative spouses

For the purposes of this Act, a person is, on a certain date, the putative spouse of another person if—
(a)the person is, on that date, cohabiting with the other person as that person's de facto spouse and—
(i)the person—
(A)has been so cohabiting with the other person continuously for the preceding period of 3 years; or
(B)has during the preceding period of 4 years so cohabited with the other person for periods aggregating not less than 3 years; or
(ii)a child, of whom both persons are the parents, has been born (whether or not the child is still living); or
(c)the person is, on that date, in a registered relationship with the other person.
Subject to subsection (2a), a person whose rights depend on whether—
(a)the person and another person; or
(b)2 other persons,
were, on a certain date, putative spouses 1 of the other may apply to the District Court for a declaration under this section.

(2a)A person whose rights depend on whether—
(a)the person and another person; or
(b)2 other persons,

were, on a certain date, in a registered relationship may provide evidence that they or those persons, were, on that date, in the registered relationship by producing a certificate issued by the Registrar of Births, Deaths and Marriages under section 21 of the Relationships Register Act 2016.

If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly.
A declaration may be made under this section—
(a)whether or not one or both of the persons in relation to whom the declaration is sought are, or have ever been, domiciled in this State; or
(b)despite the fact that one or both of them are dead.
It must not be inferred from the fact that the Court has declared that two persons were putative spouses one of the other, on a certain date, that they were putative spouses as at any prior or subsequent date.

7B—Restriction on publication of court proceedings

Protected information is information relating to an application under section 7A (including images) that identifies, or may lead to the identification of—
(a)an applicant; or
(b)a person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the application relates; or
(c)a witness in the hearing of the application.
A person who publishes protected information is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
A person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
This section does not apply to—
(a)the publication or disclosure of material—
(i)by the District Court or an employee of the Courts Administration Authority (so long as such publication or disclosure is made in connection with the administrative functions of the Court); or
(ii)for purposes associated with the administration of this Act; or
(b)the publication in printed or electronic form of material that—
(i)consists solely or primarily of the reported judgements or decisions of the Court; or
(ii)is of a technical nature designed primarily for use by legal practitioners.

In this section—
newspaper means a newspaper, journal, magazine or other publication that is published at periodic intervals;
publish means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.

7C—Arrangement of schemes

The scheme of superannuation established by this Act in relation to persons who first became members of either House of Parliament of the State before the commencement of the Parliamentary Superannuation (New Scheme) Amendment Act 1995 (disregarding members who have transferred out of that scheme) will continue as PSS 1.
The scheme of superannuation established by virtue of the enactment of the Parliamentary Superannuation (New Scheme) Amendment Act 1995 will continue as PSS 2.
The scheme of superannuation established by virtue of the enactment of the Parliamentary Superannuation (Scheme for New Members) Amendment Act 2005 will be known as PSS 3.

7D—Membership of schemes

In this section—
relevant date means the date of the election held to determine membership of the fifty-first Parliament of the State.
Subject to this section, a member who first became a member of either House of Parliament of the State before the commencement of the Parliamentary Superannuation (New Scheme) Amendment Act 1995 (other than a member who transferred to PSS 2 by virtue of an election of the kind referred to in subsection (3)(b)) will be a member of PSS 1.
Subject to this section, a member—
(a)who first became a member of either House of Parliament of the State on or after the commencement of the Parliamentary Superannuation (New Scheme) Amendment Act 1995 and before the relevant date; or
(b)who has made an election in accordance with section 35A of this Act (as enacted by the Parliamentary Superannuation (New Scheme) Amendment Act 1995 and as repealed by the Parliamentary Superannuation (Scheme for New Members) Amendment Act 2005),
will be a member of PSS 2.
A member—
(a)who first becomes a member of either House of Parliament of the State on or after the relevant date; or
(b)who, on or after the relevant date, again becomes a member of either House of Parliament of the State after a break in membership of the Parliament (disregarding for the purposes of this paragraph any case where a member's term comes to an end on the dissolution of the House of which he or she is a member or by virtue of a resignation or expires by the effluxion of time and the member is then returned at the election that next follows that dissolution, resignation or expiry, or any case where a member is returned at a joint sitting in prescribed circumstances),
will be a member of PSS 3.
For the purposes of the cases described in subsection (4)(b)—
(a)a member may be taken to be returned at an election even if the member, at the relevant election, is returned as a member of the House that is the other House to the House of which he or she was a member before the election; and
(b)a member is returned at a joint sitting in prescribed circumstances if (and only if) the member is a person who was a member of the Parliament (and a member of PSS 1 or PSS 2) and who is then chosen under section 13 of the Constitution Act 1934 to be a member of the Legislative Council within 3 months after the date of an election (for either House of Parliament) so that his or her period of not being a member of Parliament does not exceed 6 months.
Despite a preceding subsection, if—
(a)a PSS 1 or PSS 2 member stands for re-election but is not returned as having been re-elected; and
(b)the Court of Disputed Returns subsequently declares the member to have been duly elected at that election or it declares the election void and the member is elected at the subsequent by-election; and
(c)the member, within 3 months—
(i)after a declaration by the Court that the member has been re-elected; or
(ii)after re-election following a declaration by the Court that the election was void,
or within such further period as the Board (in its absolute discretion) allows, makes an election under subsection (7),
then the member may continue as a member of PSS 1 or PSS 2 (as the case may be).
An election under this subsection—
(a)must be made in writing in a manner determined by the Board; and
(b)subject to any other determination of the Treasurer, must be accompanied by a payment to the Treasurer of—
(i)an amount equal to 11.5 per cent of the salary that was lost by reason of the fact that the member was not returned as elected in the first instance; and
(ii)an amount equal to the amount (if any) paid to the member pursuant to this Act (whether by way of a pension or a lump sum, or both, or by way of a payment pursuant to Part 4 Division 3) following the return made at the original election.
For the purposes of this Act, the period of service of a member who continues as a PSS 1 or PSS 2 member under subsection (6) will be taken to include—
(a)previous service that the member was, at the termination of the member's immediately preceding period of service, entitled to have counted as service under this Act; and
(b)the period during which the member was unable to take his or her seat in Parliament by reason of not being returned as elected in the first instance.
If the Treasurer allows a further period to pay an amount under subsection (7), the Treasurer may impose such conditions (including a condition requiring payment of interest on any outstanding amount) as the Treasurer thinks fit, and the member will not be regarded as having complied with that subsection unless the member complies with those conditions.
The Treasurer may vary or revoke a condition under subsection (9).
If—
(a)a PSS 3 member stands for re-election but is not returned as having been re‑elected; and
(b)the Court of Disputed Returns subsequently declares the member to have been duly elected at that election or it declares the election void and the member is elected at the subsequent by-election,
then the member must, in accordance with a determination of the Board, pay to the Treasurer—
(c)an amount equal to the contributions that the member would have paid under Part 3 Division 3 assuming that the member had been returned in the first instance and been liable to make contributions at the rate that applied to the member immediately before the original election; and
(d)an amount equal to the amount (if any) paid to the member pursuant to this Act following the return made at the original election.
When a member makes a payment under subsection (11)(c), the Treasurer must pay into the PSS 3-Government Contributions Division of the Fund, and the Board must credit to the member's Government contribution account, an amount equal to the amount that would have been payable under Part 3 Division 4 assuming that the member had been returned in the first instance and applying such other assumptions as the Board, with the agreement of the Treasurer, determines.
The fact that a former PSS 1 or former PSS 2 member who returns to Parliament then becomes a PSS 3 member under this section does not prejudice any entitlement that he or she may have under this Act with respect to his or her former membership of PSS 1 or PSS 2 before the break in membership of the Parliament.

7E—PSS 3 member may elect to participate in other schemes

In this section—
eligible member means a PSS 3 member, other than a person who is a member of PSS 3 by virtue of section 7D(4)(b) or 7F;
fund includes a scheme or account;
prescribed period, in relation to an eligible member, means the period of 3 months from the date on which the person became a PSS 3 member;
RSA has the same meaning as in the Retirement Savings Accounts Act 1997 of the Commonwealth;
self managed superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
specified fund means a fund specified in a notice under subsection (4)(a) or (10)(a).
An eligible member may, by notice in writing furnished to the Board during the prescribed period, elect to transfer his or her superannuation arrangements under this Act to a fund that complies with subsection (3).
A fund (a complying fund) complies with this subsection if it is—
(a)a complying superannuation fund, other than a self managed superannuation fund; or
(b)an RSA.
A notice under subsection (2) must—
(a)specify the name of, and contact details for, the relevant fund; and
(b)specify the date from which the election is to take effect, being a date—
(i)that is at least 14 days but not more than 2 months from the date on which the notice is furnished to the Board; and
(ii)that coincides with a date on which salary is due to be paid to the member; and
(c)be accompanied by evidence that the fund will accept contributions under this section; and
(d)contain or be accompanied by such other information (if any) as may be required by the Board.
If a person makes an election under subsection (2)—
(a)the person will cease to be a member of PSS 3; and
(b)the Board will cease to maintain (or, if relevant, will not be required to establish) an account in the name of the person under this Act (and Part 2B will cease to apply in relation to the person); and
(c)any amount standing to the credit of the person's contribution account or Government contribution account (if any) must be carried over to the specified fund; and
(d)the person will cease to be liable to make contributions under this Act; and
(e)no entitlement or benefit will be payable to the person, or to any other person in respect of the person, under this Act (other than as provided by paragraph (f)); and
(f)the Treasurer must, while the person is a member of either House of Parliament, make contributions to the specified fund for that person's benefit, in accordance with subsection (6).
For the purposes of subsection (5)(f), the contributions must be made in accordance with the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth as if the person were an employee of the State (see section 12(5) of that Act) and in order to avoid having an individual superannuation guarantee shortfall in respect of the person within the meaning of that Act.
An eligible member cannot make an election under this section if the Board has been served with a splitting instrument within the meaning of Part 4A in respect of the member's superannuation interest under this Act.
An election under subsection (2) is irrevocable.
However, a person may, by notice in writing furnished to the Board, vary an election under this section so as to select another complying fund for the purposes of this section.
A notice under subsection (9) must—
(a)specify the name of, and contact details for, the new fund; and
(b)be accompanied by evidence that the new fund will accept contributions under this section; and
(c)contain or be accompanied by such other information (if any) as may be required by the Board.
A notice under subsection (9) will take effect on a date determined by the Board after consultation with the person who has furnished the notice.
A person who makes an election under this section does not become, by virtue of any liability under this section, a member of the Southern State Superannuation Scheme.
There can only be 1 fund that applies in relation to a member under this section at any particular time.
If—
(a)a person makes an election under this section; and
(b)the specified fund applying for the purposes of the election—
(i)ceases to exist; or
(ii)ceases to accept contributions under this section; or
(iii)ceases to be a complying fund; and
(c)the person does not, within the prescribed period, vary the election to specify another complying fund for the purposes of this section,
then the Treasurer may, after consultation with the Board, specify another complying fund (which will then be taken to be a fund specified by the person for the purposes of this section).

7F—Special provisions relating to rollovers for PSS 1 and PSS 2 members

The Board must, on application under this section, permit—
(a)a PSS 1 or PSS 2 member for whom an amount of money may be carried over from another superannuation fund or scheme; or
(b)a former PSS 2 member who has a lump sum preserved under Part 4,
to become a PSS 3 member in order to establish a rollover account for the person under this Act.

(1a)If a PSS 1 or PSS 2 member for whom a rollover account has been established is, before the establishment of the account, a member of PSS 3 by virtue of section 7G, the member will, on the establishment of the account for the member, be taken for the purposes of this Act to be a member of PSS 3 by virtue of both this section and section 7G.

The following provisions apply in connection with the operation of subsection (1):
(a)in the case of a former PSS 2 member under subsection (1)(b)—the preserved lump sum amount will, when paid into the rollover account, be taken to be a rollover component under Part 4 Division 2A (and will cease to be a preserved amount under another Division of Part 4);
(b)Part 3 Divisions 3 and 4 will not apply to a person who is a PSS 3 member by virtue only of this section;
(c)a person who is a PSS 3 member by virtue only of this section will not be entitled to any of the following under Part 4 Division 2A:
(i)a Government-funded component of benefits;
(ii)a member-funded component of benefits;
(iii)an invalidity/death insurance benefit;
(d)the Governor may, by regulation, make any other provision as the Governor thinks fit, including by providing that other provisions of this Act do not apply to a person who is a PSS 3 member by virtue of this section, or apply to such a member subject to any modifications prescribed by the regulations.

7G—Special provisions relating to salary sacrifice by members

The Board must, on application under this section, permit a PSS 1 or PSS 2 member who has elected to make a superannuation salary sacrifice to become a PSS 3 member in order to establish a Government contribution account for the member under this Act.
If a PSS 1 or PSS 2 member who has elected to make a superannuation salary sacrifice is, before making the election, a member of PSS 3 by virtue of section 7F, the member will be taken for the purposes of this Act to be a member of PSS 3 by virtue of both section 7F and this section.
The following provisions apply in connection with the operation of subsection (1):
(a)Part 3 Division 3 and section 14C(1) will not apply to a PSS 1 or PSS 2 member who is a PSS 3 member by virtue of this section;
(b)a PSS 1 or PSS 2 member who is a PSS 3 member by virtue of this section will not be entitled to either of the following under Part 4 Division 2A:
(i)a member‑funded component of benefits;
(ii)an invalidity/death insurance benefit;
(c)the Governor may, by regulation, make any other provision as the Governor thinks fit, including by providing that other provisions of this Act do not apply to a PSS 1 or PSS 2 member who is a PSS 3 member by virtue of this section, or apply to such a member subject to any modifications prescribed by the regulations.

Part 2—The South Australian Parliamentary Superannuation Board

8—The Board

The South Australian Parliamentary Superannuation Board is established.
The Board is a body corporate.
The Board has full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate.
Where a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Board.

9—The Board's membership

The Board consists of the following members:
(a)the President for the time being of the Legislative Council; and
(b)the Speaker for the time being of the House of Assembly; and
(c)a person appointed by the Governor on the nomination of the Treasurer.
Subject to subsection (3), a person, upon ceasing to hold the office of President of the Legislative Council or Speaker of the House of Assembly, will continue as a member of the Board until his or her successor is appointed to that office.
A member of the Board referred to in subsection (2) may resign from membership of the Board if he or she has ceased to be a member of Parliament.
The office of the member of the Board appointed by the Governor becomes vacant if the member—
(a)dies; or
(b)completes a term of office and is not reappointed; or
(c)resigns by written notice to the Treasurer; or
(d)is removed from office by the Governor on the ground of—
(i)mental or physical incapacity to carry out official duties satisfactorily; or
(ii)neglect of duty; or
(iii)misconduct.
The Governor may appoint a person to fill a casual vacancy in the membership of the Board and a person so appointed will hold office as a member of the Board until the office is filled pursuant to subsection (1).

10—Procedure at meetings of the Board

Subject to subsection (2), the Board may act notwithstanding vacancies in its membership.
Two members constitute a quorum for a meeting of the Board.
A decision in which a majority of the members of the Board present at a meeting concur is a decision of the Board.
Subject to this Act, the Board may determine its own procedures.

11—Availability of Public Service employees
The Board may, with the approval of a Minister responsible for a particular administrative unit of the Public Service, make use of the staff or facilities of that administrative unit.
12—Report

The Board must, on or before 30 September in each year, submit a report to the Treasurer on the operation of this Act during the financial year ending on 30 June in that year.
The Treasurer must have copies of the report laid before both Houses of Parliament.

Part 2A—The Parliamentary Superannuation Fund

13—The Fund

The Parliamentary Superannuation Fund is established.
The assets of the Fund belong (both at law and in equity) to the Crown.
The Fund is subject to the management and control of the Superannuation Funds Management Corporation of South Australia.

(3a)The Superannuation Funds Management Corporation of South Australia must establish—
(a)a distinct part of the Fund under the name PSS 3—Government Contributions Division; and
(b)a distinct part of the Fund proportioned to the aggregate balance of co‑contribution accounts.

The Treasurer must pay into the Fund from the Consolidated Account (which is appropriated to the necessary extent) or from a special deposit account established by the Treasurer for that purpose—
(a)periodic contributions reflecting the contributions paid to the Treasurer by members; and
(b)periodic contributions to ensure that the entitlements of PSS 1 and PSS 2 members are fully funded as required; and
(c)any amount that is received by the Treasurer under this Act on account of money carried over from another superannuation fund or scheme and to be paid into a rollover account of a member; and
(d)the contributions required under sections 7G and 14C (to be held in the PSS 3—Government Contributions Division); and
(da)any co‑contribution paid to the Board on behalf of a member (but received by the Treasurer on behalf of the Board) (to be paid into the part of the Fund proportioned to the aggregate of co‑contribution accounts); and
(e)any amount that is required to be paid to satisfy the payment of an invalidity/death insurance benefit; and
(f)any other amount that must be credited to the Fund by the Treasurer under another provision of this Act.

The Treasurer must transfer to the Fund the balance of the special deposit account into which members' contributions made before 1 July 1998 and other amounts for the funding of the schemes under this Act have been paid.
All interest and accretions arising from investment of the Fund must be paid into the Fund.
The following amounts will be paid from the Fund:
(a)any reimbursement of the Consolidated Account or a special deposit account that the Treasurer charges against the Fund in pursuance of this Act; and
(b)the administrative costs and other expenses related to the management and investment of the Fund; and
(c)the other costs of administering this Act.
The Superannuation Funds Management Corporation of South Australia must determine the value of the Fund as at the end of each financial year.

Part 2B—Members' contribution accounts

13A—Members' contribution accounts

The Board must maintain contribution accounts in the names of all members.
A member's contribution account must be credited with the amount of contributions made by the member and must be debited with any payment that is, in pursuance of this Act, to be charged against the account.
The amount of the opening balance of the contribution account of a person who was a member on 1 July 1998 is the amount that would have been the balance of the member's notional contribution account if that balance had been determined as at 30 June 1998 under section 21B before that section was repealed.

13AB—Rollover accounts

The Board must maintain a rollover account in the name of—
(a)a PSS 3 member (including such a member who is also a PSS 1 or PSS 2 member who has made application under section 7F or is a PSS 3 member by virtue of section 7G) for whom an amount of money has been carried over from another superannuation fund or scheme; or
(b)a PSS 3 member who is a former PSS 2 member who has made application under section 7F in relation to a preserved amount.
A PSS 3 member's rollover account must be credited with the relevant amount under subsection (1) and must be debited with any payment that is, in pursuance of this Act, to be charged against the account.
The Board may debit against a PSS 3 member's rollover account an administrative charge fixed by the Board.
The Board may, for the purposes of subsection (3), fix different charges depending on the balance of members' accounts or any other relevant factor.

13B—Accretions to members' accounts

At the end of each financial year, each member's contribution account and rollover account (if any) that has a credit balance will be adjusted to reflect a rate of return determined by the Board in relation to members' accounts for the relevant financial year.
In determining a rate of return for the purposes of subsection (1), the Board should have regard to—
(a)the net rate of return achieved by investment of the Fund over the relevant financial year; and
(b)if a PSS 3 member has made a nomination under subsection (2a), the net rate of return achieved by the classes of investments, or the combination of classes of investments, nominated by the member.

(2a)If the Fund is invested in different classes of investments, the Board must permit a PSS 3 member, on such terms and conditions as the Board thinks fit, to nominate the class of investments, or combination of classes of investments, for the purpose of determining the rate of return under this section.
(2b)A PSS 3 member cannot nominate a class of investments, or a combination of classes of investments, under subsection (2a) if he or she does not at the same time nominate the same class or combination of classes of investments under section 14D(4) (unless he or she is a PSS 3 member by virtue of section 7F).

Where, in pursuance of subsection (2)(a), the Board determines a rate of return that is at variance with the net rate of return achieved by investment of the Fund, the Board must include its reasons for the determination in its report for the relevant financial year.
Where it is necessary to determine the balance of a member's account and the Board has not yet determined a rate of return in relation to the relevant financial year, the balance will be determined by applying a percentage rate of return on accounts estimated by the Board.
A balance determined under subsection (4) will not be adjusted when a rate of return is subsequently determined under subsection (1).
A reference in this section to rate of return is a reference to a positive or a negative rate of return.

13C—Rollover of money from other funds or schemes
Money that is rolled over to PSS 3 from another superannuation fund or scheme must be paid to the Treasurer.
13D—Co‑contribution accounts

The Board must—
(a)establish a co‑contribution account in the name of a member in respect of whom a co‑contribution has been paid to the Board; and
(b)credit the account with the amount of any co‑contribution paid to the Board in respect of the member.
The Board is to determine the terms and conditions on which the balance of a member's co‑contribution account is, subject to subsection (3), payable to—
(a)the member; or
(b)if the member dies before the payment is made—
(i)the member's spouse; or
(ii)if the member does not have a spouse—the member's estate.
A person is entitled to payment of an amount standing to the credit of a co‑contribution account only to the extent that the payment can be made in accordance with the SIS Act.

Part 3—Contributions

Division 1—Preliminary

14—Preliminary
Every member is liable to make contributions to the Treasurer in accordance with this Act.

Division 2—Contributions by members of PSS 1 or PSS 2

14A—Contributions by members of PSS 1 or PSS 2

Subject to subsection (2), the contributions payable by PSS 1 or PSS 2 members will be 11.5 per cent of the basic salary and additional salary (if any) payable to each member and must be deducted by the Treasurer when paying salary to members.
The contribution payable by a PSS 1 or PSS 2 member whose period of service as a member of Parliament is equal to or exceeds 20 years and 1 month is 5.75 per cent of the member's basic salary and 11.5 per cent of the member's additional salary (if any).

Division 3—Contributions by members of PSS 3

14B—Contributions by members of PSS 3

Subject to this Act, a PSS 3 member may elect to make contributions to the Treasurer at a whole number percentage of the combined value of the basic salary and additional salary (if any) payable to the member and such contributions must be deducted by the Treasurer when paying salary to the member.
A PSS 3 member may, from time to time, elect to vary a rate of contribution under subsection (1).
An election under subsection (2) must be made to the Board in writing and will operate from a date to be fixed by the Board.
In addition, a PSS 3 member may make additional monetary contributions to the Treasurer under this subsection that are not related to the member's salary.
The amount of each contribution under subsection (4) must be equal to or exceed the amount prescribed by the regulations for the purposes of subsection (4).

Division 4—Government contributions with respect to PSS 3

14C—Government contributions

Within 7 days after basic salary and additional salary (if any) is paid to a PSS 3 member, the Treasurer must pay into the PSS 3—Government Contributions Division of the Fund an amount calculated as follows:
Where—
A is the amount to be paid;
S is the amount of basic salary and additional salary (if any) paid to (or in relation to) the member (including the amount of any salary sacrifice under the Parliamentary Remuneration Act 1990 that applies for the relevant period).
In addition, if a PSS 3 member (including a person who is a member of PSS 3 by virtue of section 7G) has elected to make a superannuation salary sacrifice that applies in relation to a period in respect of which salary is paid to the member, the Treasurer must, within 7 days after payment of that salary to the member, pay into the PSS 3—Government Contributions Division of the Fund the amount so sacrificed.

14D—Government contribution accounts

The Board must maintain Government contribution accounts in the names of all PSS 3 members (including PSS 1 and PSS 2 members who are members of PSS 3 by virtue of section 7G).
A PSS 3 member's Government contribution account must be credited with amounts that are equivalent to the amounts paid under section 14C in respect of the member.
At the end of each financial year, each PSS 3 member's Government contribution account will be adjusted to reflect a rate of return determined by the Board—
(a)having regard to the net rate of return achieved by investment of the PSS 3—Government Contributions Division of the Fund over the relevant financial year; and
(b)if the member has made a nomination under subsection (4), having regard to the net rate of return on the nominated class of investments, or combination of classes of investments, determined by the Board under section 13B(2)(b).
If the PSS 3—Government Contributions Division of the Fund is invested in different classes of investments, the Board must permit a PSS 3 member, on such terms and conditions as the Board thinks fit, to nominate the class of investments, or combination of classes of investments, for the purpose of determining the rate of return under subsection (3).
A PSS 3 member cannot nominate a class of investments, or a combination of classes of investments, under subsection (4) if he or she does not at the same time nominate the same class or combination of classes of investments under section 13B(2a) (and any variation of a nominated class under that section will then have effect for the purposes of this section).
If, when the Government component is to be paid under Part 4 Division 2A with respect to a PSS 3 member, the rate of return for the relevant financial year has not been determined under this Act, the rate of return will be equivalent to the rate of return on investments of the PSS 3—Government Contributions Division of the Fund estimated by the Board for that year (and there will be no adjustment when the rate of return is subsequently determined).
An administrative charge to be fixed by the Board must be debited against the Government contribution accounts of PSS 3 members (and different charges may be fixed depending on the balance of members' accounts, the level of invalidity/death insurance benefit that may apply to members under this Act, or any other relevant factor).
A charge to be fixed by the Board may also be debited against the Government contribution account of a PSS 3 member who, after nominating a class of investments under subsection (4), subsequently varies the nomination.
A reference in this section to rate of return is a reference to a positive or a negative rate of return.

Part 4—Pension and benefits for former members

Division 1—Entitlement to pension

15—Application of Division
This Division applies in relation to PSS 1 and PSS 2 members.
16—Entitlement to a pension on retirement
A former PSS 1 or PSS 2 member who—
(a)has retired involuntarily, having had not less than 6 years service; or
(b)has retired voluntarily—
(i)having had not less than 15 years service; or

(ii)having been a member of not less than four Parliaments and having had not less than 13 years service; or

(c)having attained the age of 60 years, has retired voluntarily having had not less than 6 years service,

shall, on and from the day next succeeding the day on which he retired, be entitled to a pension for life in an amount calculated by reference to this Division.
17—Amount of pension for PSS 1 member pensioners

Subject to this section, the amount of annual pension payable to a former PSS 1 member referred to in section 16 shall be an amount equal to 41.2 per cent of the salary payable to him immediately before he ceased to be a member plus 0.2 per cent of that salary for each whole month of the member's service after 6 years service but the annual pension shall not, in any case, exceed 75 per cent of that salary.
Where a former PSS 1 member was in receipt of additional salary at any time during his service, the amount of the annual pension payable to that former member shall be determined by reference to the following formula:
Where—
P is the annual pension payable to the former member;
BP is the annual pension that would, apart from this subsection, be payable to the former member;
X is an amount arrived at by subtracting from BP the amount of the annual pension that would, apart from this subsection, be payable to the former member if the reference to 6 years service in subsection (1) were a reference to 8 years service;
HS is the sum of BS and the amount arrived at by calculating the total amount that would have been payable to the former member by way of additional salary—
(a)upon the assumption that the rates of additional salary applicable on the date of his retirement had applied during the whole of his period of service; and
(b)where he held prescribed offices during his period of service for a total period of more than 6 years—by taking into account only periods of his service for which he held prescribed office that equal in aggregate 6 years, those periods that would have been the most remunerative for him in terms of additional salary at the rates referred to in paragraph (a) being first taken into account and (if necessary) those periods that would have been the next most remunerative for him in terms of additional salary at those rates being next taken into account and so on until the periods equal in aggregate 6 years;
BS is an amount equal to 6 times the salary applicable to the member on the date of his retirement.

17A—Amount of pension for PSS 2 member pensioners

Subject to this section, the amount of the annual pension payable to a former PSS 2 member referred to in section 16 is—
(a)41.2 per cent of the salary payable to the former member immediately before he or she ceased to be a member plus 0.2 per cent of that salary for each completed month of service in addition to the first six years of service of the former member; and
(b)where the former member held a prescribed office at any time during his or her service—a percentage, calculated in accordance with the following formula, of the additional salary (expressed as an annual amount) payable in respect of the prescribed office on the date of the former member's retirement:
Where—
P is the percentage of the additional salary;
M is the number of complete months during which the former member held the prescribed office.
Where—
(a)a former PSS 2 member had been a member of the Parliament of another State or the Commonwealth before becoming a member of the South Australian Parliament; and
(b)the former member is entitled to a pension in respect of his or her service as a member of that other Parliament,
the former member's period of service as a member of that other Parliament will be counted as service for the purposes of section 16 and the amount of the annual pension (if any) payable to the former PSS 2 member under this Act will be—
(c)0.2 per cent of the salary payable to the former member immediately before he or she ceased to be a member for each completed month of the member's service in the South Australian Parliament; and
(d)where the former member held a prescribed office at any time during his or her service in the South Australian Parliament—a percentage, calculated in accordance with the formula in subsection (1)(b), of the additional salary (expressed as an annual amount) payable in respect of the prescribed office on the date of the former member's retirement.
If the former member held two or more prescribed offices during his or her service, the pension under subsection (1) or (2) will include a percentage of the additional salary payable in respect of each office calculated under subsection (1)(b).
The component of the pension determined under subsection (1)(a) or (2)(c) cannot exceed 75 per cent of the former member's salary immediately before he or she ceased to be a member.
The component of the pension determined under subsection (1)(b) or (2)(d) cannot exceed 75 per cent of the additional salary payable in respect of the prescribed office on the date of the former member's retirement but, if the former member held two or more such offices, the component cannot exceed 75 per cent of the highest of the salaries attached to those offices on the date of the former member's retirement.
Where, in relation to a particular period—
(a)a PSS 2 member pensioner who has not reached the age of 60 years is receiving, or would but for this subsection be entitled to receive, a pension under this section; and
(b)the pensioner is also receiving or entitled to receive income from remunerative activities engaged in by the pensioner or another person is receiving or entitled to receive income from remunerative activities engaged in by the pensioner,
the pension payable in respect of that period will be reduced by one dollar for each two dollars of income referred to in paragraph (b).
In the application of subsection (6), income that does not comprise money will be taken to have the monetary value determined by the Board.
In this section—
income includes goods, services and any other thing of value;
remunerative activity engaged in by a pensioner means an activity of the pensioner that produces income for the benefit of the pensioner or for the benefit of another person either at the pensioner's direction or by means of a company, trust or other device used by the pensioner to direct the income to the other person.

17B—Supplementary provisions

If a member held a prescribed office during the member's period of service and the prescribed office does not exist on the date of the member's retirement, the rate of additional salary applicable to that office on that date for the purposes of this Division will be taken to be a rate of salary determined by the Board having regard to the rate of additional salary last applicable to that office before the date of retirement of the member and the movements (if any) in salaries and additional salaries up to the date of retirement of the member.
If—
(a)a member held a prescribed office during the member's period of service; and
(b)the additional salary payable in respect of that prescribed office is, in comparison with the additional salaries payable in respect of other prescribed offices, proportionately less on the date of the member's retirement than it was at any time at which the member actually held that office; and
(c)the Board is of the opinion that a determination under this subsection is necessary in order to avoid substantial injustice,
the rate of additional salary applicable to that office on the date of the member's retirement for the purposes of this Division will be taken to be the rate of salary determined by the Board on the assumption that the additional salary in question had not been reduced in comparison to additional salaries payable in respect of other prescribed offices.

18—Invalidity retirement

Where a PSS 1 or PSS 2 member satisfies a judge that he is unable to continue as a member on the grounds of invalidity that prevents the member from being able to carry out the duties of office to a reasonable degree, that member shall, on and from the day next succeeding the day on which he so satisfies that judge, be entitled to an annual pension for life ascertained by reference to subsection (2).
The amount of annual pension referred to in subsection (1) shall be—
(a)in the case of a member who had less than 6 years service, the amount of annual pension that he would have received ascertained by reference to section 17 or 17A if, on the day on which he so satisfied the judge, he had retired involuntarily having, on that day, attained 6 years service; or
(b)in any other case, the amount of annual pension ascertained by reference to section 17 or 17A that he would have received if, on the day on which he so satisfied the judge, he had retired involuntarily.

19—Reduction of pension in certain circumstances

Where a member pensioner occupies a prescribed office or position, the pension payable to the member pensioner pursuant to this Act shall be reduced by the amount of the salary, or other remuneration, paid in respect of that office or position.
Subject to subsections (2a) and (2b), where a member pensioner, or the member pensioner's spouse or child or another person, becomes entitled to superannuation or a retirement allowance by virtue of the member pensioner having held or occupied a prescribed office or position, any pension or child benefit payable under this Act to the member pensioner, the member pensioner's spouse or child or that other person shall be reduced by the prescribed amount.

(2a)A pension payable under section 17A(2) to a former PSS 2 member and a pension or child benefit payable under this Act to such a former member's spouse or child or to any other person in relation to such a former member will not be reduced under subsection (2) because of the pension payable to, or in relation to, the former member in respect of his or her service as a member of the other Parliament referred to in section 17A(2).
(2b)A pension payable under this Act to a member pensioner to whom section 19A applies and the pension or child benefit payable under this Act to the spouse or child of such a member pensioner or to any other person in relation to such a member pensioner will not be reduced under subsection (2).

For the purposes of subsection (2), the prescribed amount is—
(a)where the whole of the superannuation or retirement allowance referred to in that subsection is paid to the member pensioner, the member pensioner's spouse or child or another person by way of a pension and no part of it has been paid by way of a lump sum—the pension so paid;
(b)where, as the result of an election made by the member pensioner, the member pensioner's spouse or child or that other person, the whole or a part of that superannuation or retirement allowance is paid as a lump sum—the amount of the pension that would have been payable in respect of that superannuation or retirement allowance if that election had not been made;
(c)where, without an election being made, the whole or a part of that superannuation or retirement allowance is paid as a lump sum—the amount determined in accordance with the following formula:
Where—
PA is the prescribed amount expressed as an annual pension;
P is that part (if any) (expressed as an annual pension) of the superannuation or retirement allowance that is paid as a pension;
LS is the lump sum that was paid in total or partial satisfaction of the entitlement of the member pensioner (or of the member pensioner's spouse or child or another person) to the superannuation or retirement allowance.
Where a pension or child benefit is reduced pursuant to this section, the person entitled (or who would have been entitled but for the reduction) or, where 2 or more persons are so entitled, all of those persons acting together, may by notice in writing to the Board require the Treasurer to pay to that person, or to those persons, an amount ascertained by reference to the following formula:
Where—
A is the amount expressed in dollars and cents;
TC is the total contributions expressed in dollars and cents made by the member pensioner under this Act or under the repealed Act other than any such contributions that have been refunded to the member pensioner and have not been repaid;
N is one or the number of whole years of service of the member pensioner whichever is the greater;
P is the total of all pensions and benefits (if any) received by the member pensioner, his spouse or an eligible child in respect of the member pensioner under this Act and under the repealed Act,
and upon payment of that amount no further pension or benefit shall be paid to, or in respect of, the member pensioner.
A notice referred to in subsection (4) may be given on behalf of a child who is under the age of 18 years by the child's parent or guardian.
A payment under subsection (4) shall—
(a)if made to a spouse and a child or children—be divided between them as to ¾ to the spouse and as to ¼ to the child or children;
(b)if made only to children—be divided equally between them.
In this section—
prescribed office or position means an office or position established under the law of this State, the Commonwealth, another State of the Commonwealth or a Territory of the Commonwealth which has been declared by regulation to be a prescribed office or position for the purposes of this section.

19A—Preservation of pension in certain cases

This section applies to, and in relation to, a member pensioner if the member pensioner—
(a)is deemed to have retired (whether before or after the commencement of the Parliamentary Superannuation (New Scheme) Amendment Act 1995) involuntarily because of election to the Parliament of another State or the Commonwealth; and
(b)—
(i)the superannuation scheme available to the member pensioner as a member of that other Parliament does not provide for the member pensioner to be credited with his or her service as a member of the South Australian Parliament; or
(ii)the superannuation scheme available to the member pensioner as a member of that other Parliament provides for the member pensioner to make an election under which he or she will not be credited with that service and the member pensioner makes that election.
If a member pensioner to whom this section applies has not reached the age of 55 years at the time of his or her retirement or at the time of making the election referred to in subsection (1)(b)(ii), the pension payable to the pensioner under this Act is preserved.
Where a pension is preserved by subsection (2) the following provisions apply:
(aa)the Board must, not less than 6 months before the member pensioner's 55th birthday, notify the member pensioner in writing of the member pensioner's entitlement to require the payment of a pension under paragraph (a);
(a)the member pensioner may, at any time after reaching the age of 55 years, require the Board to commence paying the pension to the member pensioner and if no such requirement has been made on or before the date on which the member pensioner reaches 60 years of age, the Board will commence payment of the pension;
(b)if the member pensioner satisfies the Board that he or she has ceased to be a member of the Parliament referred to in subsection (1), the Board will commence payment of the pension,
(and a payment under paragraph (a) or (b) excludes further rights so that a claim cannot be subsequently made under the other paragraph).

(4)Section 19(1) will not apply in relation to a pension payable under subsection (3)(a).
20—Suspension of pension

If a member pensioner again becomes a member of either House of Parliament, the pension payable to that pensioner will be suspended during the period for which the member is again a member of the Parliament (and will then become payable again after he or she ceases to be a member of the Parliament on the basis of his or her previous service).

Division 2—Commutation of pension

21—Commutation of pension

Subject to this Division, a former PSS 1 member who is entitled to a pension under this Act may, by notice in writing to the Board, elect to commute a percentage of that pension, not exceeding the maximum percentage of that pension ascertained by reference to Schedule 2.

(1a)Subject to this Division, a former PSS 2 member who is in receipt of a pension or who is entitled to receive a pension under this Act may, by notice in writing to the Board, elect to commute the whole of the pension or such lesser proportion of it as he or she thinks fit.
(1b)A member pensioner who is deemed by this Act to have retired involuntarily by virtue of seeking and obtaining election to the Parliament of another State or the Commonwealth may not commute a pension under subsection (1) or (1a) unless, on ceasing to be a member of that Parliament—
(a)the member pensioner is not entitled to superannuation or a retirement allowance by virtue of having been a member of that Parliament; or
(b)no part of the superannuation or retirement allowance to which the member pensioner is entitled by virtue of having been a member of that Parliament is attributable to his or her period of service as a member of the South Australian Parliament.

(1c)A member pensioner who wishes to commute a percentage of the pension must do so within 3 months after first becoming so entitled.

Where a member pensioner elects to commute a percentage of his pension pursuant to this section, the Treasurer must pay to the member pensioner an amount equal to $10 for each $1 of annual pension so commuted.

21A—Application of section 21 to certain member pensioners
In the application of section 21 to a PSS 1 member pensioner who has had not less than 20 years service, Schedule 2 shall apply and have effect as if for the expressions "30%", "34%" and "38%" there were substituted, in each case, the expression "40%".

Division 2A—Superannuation benefits for PSS 3 members

21AB—Application of Division
This Division applies in relation to PSS 3 members.
21AC—Interpretation
In this Division—
Government-funded component in relation to a member (other than a member who is a PSS 3 member by virtue only of section 7F) means the amount standing to the credit of the member's Government contribution account;
member-funded component in relation to a member (other than a member who is a PSS 3 member by virtue of section 7F or 7G) means the amount standing to the credit of the member's contribution account;
rollover component in relation to a member means the amount standing to the credit of the member's rollover account.
21AD—Retirement at or above age 55

A PSS 3 member who—
(a)has retired (either voluntarily or involuntarily); and
(b)has reached the age of 55 years,
is entitled to payment of the member-funded component and the Government-funded component and to payment of the rollover component (if any) to the extent that that payment can be made in accordance with the SIS Act.
Subject to subsection (3), a PSS 3 member who does not apply to the Board in writing for the payment of an entitlement under subsection (1) within 3 months after retirement will be taken to have preserved the relevant components and section 21AF will apply to and in relation to them.
A PSS 3 member who has retired and reached the age of 65 years must immediately be paid any entitlement under subsection (1).
However, a rollover component, or part of a rollover component, that cannot be paid in accordance with the SIS Act must be preserved and section 21AF will apply to and in relation to it.
This section does not apply to or in relation to a case involving the death of a PSS 3 member (see section 21AH) and does not derogate from the ability of a member to apply for a benefit under section 21AG (rather than taking a benefit under this section).

21AE—Cessation of membership before age 55

Subject to this section, a PSS 3 member who retires (either voluntarily or involuntarily) before reaching the age of 55 years may—
(a)elect—
(i)to take immediately the member-funded component; or
(ii)to preserve the member-funded component; or
(iii)to carry the member-funded component over to another superannuation fund or scheme that is a complying superannuation fund (as a preserved employee component); and
(b)elect—
(i)to preserve the Government-funded component; or
(ii)to carry the Government-funded component over to another superannuation fund or scheme that is a complying superannuation fund (as a preserved employer component); and
(c)elect—
(i)to take immediately the rollover component (if any) to the extent that payment of that component can be made in accordance with the SIS Act; or
(ii)to preserve the rollover component; or
(iii)to carry the rollover component over to another superannuation fund or scheme that is a complying superannuation fund.
A PSS 3 member who does not inform the Board in writing of his or her election under subsection (1) within 3 months after ceasing to be a member will be taken to have elected to preserve the relevant components and section 21AF will apply to and in relation to them.
If the Board is of the opinion that the limitation period referred to in subsection (2) would unfairly prejudice a member, the Board may extend the period that applies to the member.
A PSS 3 member who has elected, or has been taken to have elected, to preserve his or her member-funded component, Government-funded component or rollover component and to whom the component has not been paid under section 21AF, may elect to withdraw the election and to elect to carry the component over to a complying superannuation fund.
If 2 or 3 components have been preserved, a member cannot make an election under subsection (4) to carry 1 or 2 but not both or all of them over.
If a member elects to carry over a component to a complying superannuation fund, the following provisions apply:
(a)the member must satisfy the Board by such evidence as it may require that he or she has been admitted to membership of the fund; and
(b)on being so satisfied the Board will authorise payment of the component on behalf of the member to the fund.
If a PSS 3 member has ceased to be a member of the Parliament of the State and has elected to preserve the member-funded, Government-funded or rollover component but has subsequently again become a member of the Parliament, the Board may maintain separate member's contribution accounts or Government contribution accounts or rollover accounts or a combined member's contribution account or Government contribution account or rollover account in the name of the member.
This section does not apply to or in relation to a case involving—
(a)a cessation of membership on the ground of invalidity (in circumstances entitling the member to a benefit under section 21AG); or
(b)the death of a PSS 3 member (see section 21AH).

21AF—Preservation of components

If a superannuation component has been preserved under section 21AD(2) or (4) or 21AE, then the following provisions will apply (subject to subsection (2)):
(a)the Board must in relation to a component preserved under section 21AE, not less than 6 months before the relevant member's 55th birthday (unless that period has already been reached), notify the relevant member in writing of his or her entitlement to require the Board to make a payment under paragraph (b);
(b)the relevant member may at any time after reaching 55 years of age require the Board to authorise payment of the component and, if no such requirement has been made on or before the date on which the member reaches 65 years of age, the Board will authorise payment of the component to the member;
(c)if the relevant member has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will authorise payment of the component to the member;
(d)if the relevant member dies, the component will be paid to the spouse of the deceased member or, if he or she left no surviving spouse, to the member's estate,
(and a payment under any of the above paragraphs excludes further rights so that a claim cannot be subsequently made under some other paragraph).

(2)Subsection (1) applies to a rollover component subject to restrictions imposed by the SIS Act.
21AG—Cessation of membership on ground of invalidity

If—
(a)a PSS 3 member ceases to be a member of the Parliament of the State before reaching the age of 70 years; and
(b)a judge is satisfied that the cessation is due to ill health that prevents the member from being able to carry out the duties of office to a reasonable degree,
then the member is entitled to benefits made up of the following components:
(c)the member-funded component; and
(d)the Government-funded component; and
(e)the rollover component (if any); and
(f)subject to this section, the invalidity insurance benefit (if any) for PSS 3 members (see section 21AI).
The invalidity insurance benefits are not payable unless the Board is satisfied that the member's incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent.
The invalidity insurance benefit is not payable to a member within 1 year after becoming a PSS 3 member unless the Board is satisfied (by the production of such evidence as the Board thinks fit) that—
(a)the invalidity is attributable to a medical condition arising after the member became a PSS 3 member and is not attributable (or is not attributable in any material degree) to a medical condition existing before the member became a PSS 3 member; or
(b)the invalidity is attributable to a medical condition existing before the member became a PSS 3 member in a situation where, at the time of becoming a PSS 3 member, there was no reason for the member to believe that such a condition existed; or
(c)the invalidity was caused by accidental injury.
A member who claims to be entitled to benefits under this section (or a person acting on his or her behalf) must make the claim (being a claim for benefits that have not otherwise been paid) to the Board within 3 months after ceasing to be a member of the Parliament of the State.

21AH—Death of PSS 3 member

If a PSS 3 member ceases to be a member of the Parliament of the State by reason of his or her death—
(a)if the deceased member is survived by a spouse—a payment will be made to the spouse;
(b)if the deceased member is not survived by a spouse—a payment will be made to the member's estate.
A payment under subsection (1)(a) or (b) is to be made up of the following components:
(a)the member-funded component; and
(b)the Government-funded component; and
(c)the rollover component (if any); and
(d)subject to this section, the death insurance benefit (if any).
A surviving spouse will not be entitled to a benefit under this section if section 23J applies to the spouse.
The death insurance benefit is not payable in respect of a member who dies within 1 year after becoming a PSS 3 member unless the Board is satisfied (by the production of such evidence as the Board thinks fit) that—
(a)the death is attributable to a medical condition arising after the member became a PSS 3 member and is not attributable (or is not attributable in any material degree) to a medical condition existing before the member became a PSS 3 member; or
(b)the death is attributable to a medical condition existing before the member became a PSS 3 member in a situation where, at the time of becoming a PSS 3 member, there was no reason for the member to believe that such a condition existed; or
(c)death was caused by accidental injury.
If a PSS 3 member who has died is not survived by a spouse and probate or letters of administration in relation to the deceased's estate have not been granted to any person, the Board may use the amount payable under this section, or such part of it as is required, to pay the funeral expenses of the deceased member or to reimburse a person who has paid those expenses.
If—
(a)a PSS 3 member ceases to be a member of the Parliament of the State for any reason other than his or her death; and
(b)the member dies within 1 month after that cessation,
the member's spouse or estate is entitled to the death insurance benefit (if any) that the spouse or estate would have been entitled to if the member had ceased to be a member of Parliament by virtue of the member's death unless—
(c)an invalidity insurance benefit has been paid; or
(d)the member has taken his or her own life.

Schedule 1—Transitional provision
1—Transitional provision
An amendment made by a provision of the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 to a provision of this Act that provides for, or relates to, the payment of a pension, lump sum or other benefit to a person on the death of a member, or former member, applies only if the death occurs on or after 3 July 2003.

Schedule 2—Table showing maximum percentage of pension that may be commuted

Age of member pensioner on birthday next following day on which he first becomes entitled to elect to commute a percentage of pension		Maximum Percentage
45 years or less		75%
46 years		72½%
47 years		70%
48 years		67½%
49 years		65%
50 years		62½%
51 years		60%
52 years		57½%
53 years		55%
54 years		52½%
55 years		50%
56 years		46%
57 years		42%
58 years		38%
59 years		34%
60 years or more		30%
Note— Under section 21A the maximum percentage for a PSS 1 member pensioner who is 58 years of age or more and has had not less than 20 years service is 40%.

Schedule 3—Commutation factors for spouse pensions

Age of spouse at time of commutation	Amount of lump sum for each dollar of annual pension commuted
50 or under	$11.50
50 — 55	$11.50 — $11.00
55 — 60	$11.00 — $ 9.75
60 — 65	$ 9.75 — $ 8.50
65 — 70	$ 8.50 — $ 7.25
70 — 80	$ 7.25 — $ 4.75
80 — 90	$ 4.75 — $ 2.25
90 — 100	$ 2.25 — $ 0.00

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Act and amendments
New entries appear in bold.

Year No Title Assent Commencement

1974 15 Parliamentary Superannuation Act 1974 4.4.1974 4.4.1974 (Gazette 4.4.1974 p1132)

1974 79 Parliamentary Superannuation Act Amendment Act 1974 31.10.1974 31.10.1974

1978 7 Parliamentary Superannuation Act Amendment Act 1978 9.3.1978 1.6.1978 (Gazette 1.6.1978 p1878)

1978 112 Parliamentary Superannuation Act Amendment Act (No. 2) 1978 7.12.1978 21.12.1978 (Gazette 21.12.1978 p2307)

1981 4 Parliamentary Superannuation Act Amendment Act 1981 26.2.1981 21.10.1982 (Gazette 21.10.1982 p1162) except s 7—21.12.1978: s 2(2)

1982 18 Parliamentary Superannuation Act Amendment Act 1982 11.3.1982 21.10.1982 (Gazette 21.10.1982 p1160)

1985 105 Parliamentary Superannuation Act Amendment Act 1985 7.11.1985 21.11.1985 (Gazette 21.11.1985 p1542) except s 10(c) & (d)—1.7.1979: s 2(3)

1986 14 Statute Law Revision Act 1986 20.3.1986 Sch 6—1.9.1986 (Gazette 7.8.1986 p474)

1989 21 Parliamentary Superannuation Act Amendment Act 1989 27.4.1989 11.5.1989 (Gazette 11.5.1989 p1252)

1992 18 Parliamentary Superannuation (Miscellaneous) Amendment Act 1992 7.5.1992 7.5.1992

1992 69 Statutes Amendment (Public Actuary) Act 1992 19.11.1992 10.12.1992 (Gazette 10.12.1992 p1752)

1995 59 Parliamentary Superannuation (New Scheme) Amendment Act 1995 3.8.1995 24.8.1995 (Gazette 24.8.1995 p499)

1997 25 Statutes Amendment (Superannuation) Act 1997 10.4.1997 Pt 3 (s 6)—24.4.1997 (Gazette 24.4.1997 p1618)

1998 20 Statutes Amendment (Adjustment of Superannuation Pensions) Act 1998 2.4.1998 Pt 3 (s 5)—1.10.1997: s 2

1999 8 Parliamentary Superannuation (Establishment of Fund) Amendment Act 1999 18.3.1999 1.7.1998: s 2

1999 23 Statutes Amendment (Commutation for Superannuation Surcharge) Act 1999 1.4.1999 1.4.1999

2001 40 Statutes Amendment (Indexation of Superannuation Pensions) Act 2001 3.8.2001 Pt 4 (s 7)—1.1.2002: s 2

2003 13 Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 12.6.2003 Pt 2 (ss 4 & 5)—3.7.2003 (Gazette 3.7.2003 p2877)

2003 21 Statutes Amendment (Notification of Superannuation Entitlements) Act 2003 17.7.2003 Pt 2 (ss 4 & 5)—17.8.2003: s 2

2003 34 Parliamentary Remuneration (Powers of Remuneration Tribunal) Amendment Act 2003 31.7.2003 31.7.2003

2003 49 Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003 20.11.2003 Pt 3 (ss 6—9) & Sch 1—18.12.2003 (Gazette 18.12.2003 p4527)

2005 43 Parliamentary Superannuation (Scheme for New Members) Amendment Act 2005 21.7.2005 Pt 2 (s 47)—3.7.2003: s 2(2); ss 4—46 & Sch 1—15.9.2005 (Gazette 15.9.2005 p3346)

2006 43 Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 59 (ss 159—161)—1.6.2007 (Gazette 26.4.2007 p1352)

2010 15 Statutes Amendment (Members' Benefits) Act 2010 7.10.2010 Pt 3 (s 14(1) & (2))—20.3.2010: s 2(2); ss 7—13, 14(3), 15—17 & Sch 1—7.10.2010: s 2(1); s 18—1.7.2011 (Gazette 23.6.2011 p2697)

2012 37 Statutes Amendment and Repeal (Superannuation) Act 2012 25.10.2012 Pt 3 (ss 9—11)—19.11.2012 (Gazette 15.11.2012 p5007)

2014 18 Statutes Amendment (Superannuation) Act 2014 20.11.2014 Pt 2 (s 3)—20.11.2014

2017 13 Statutes Amendment (Registered Relationships) Act 2017 26.4.2017 Pt 9 (ss 13 & 14)—1.8.2017 (Gazette 1.8.2017 p3039)

2019 46 Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019 19.12.2019 Pt 11 (ss 27 & 28)—1.5.2020 (Gazette 30.4.2020 p838)
Provisions amended since 3 February 1976
•Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 7 of The Public General Acts of South Australia 1837-1975 at page 785.
•Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 1 September 1986. A Schedule of these alterations was laid before Parliament on 16 September 1986.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement

Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 3.7.2003

ss 3 and 4 deleted by 14/1986 s 3(1) (Sch 6) 1.9.1986

s 5

s 5(1)

additional salary substituted by 18/1982 s 3(a) 21.10.1982

substituted by 14/1986 s 3(1) (Sch 6) 1.9.1986

approved form inserted by 37/2012 s 9 19.11.2012

basic salary inserted by 14/1986 s 3(1) (Sch 6) 1.9.1986

amended by 34/2003 Sch cl 1(1) 31.7.2003

the Board inserted by 21/1989 s 3(a) 11.5.1989

co-contribution inserted by 15/2010 s 7 7.10.2010

co-contribution account inserted by 15/2010 s 7 7.10.2010

complying superannuation fund inserted by 43/2005 s 4(1) 15.9.2005

contribution amended by 21/1989 s 3(b) 11.5.1989

death insurance benefit inserted by 43/2005 s 4(2) 15.9.2005

deferred superannuation contributions surcharge inserted by 43/2005 s 4(2) 15.9.2005

determination day deleted by 59/1995 s 3(a) 24.8.1995

eligible child amended by 21/1989 s 3(c) 11.5.1989

amended by 43/2005 s 4(3), (4) 15.9.2005

former new scheme member inserted by 59/1995 s 3(b) 24.8.1995

deleted by 43/2005 s 4(5) 15.9.2005

former old scheme member inserted by 59/1995 s 3(b) 24.8.1995

deleted by 43/2005 s 4(5) 15.9.2005

former PSS 1 member inserted by 43/2005 s 4(5) 15.9.2005

former PSS 2 member inserted by 43/2005 s 4(5) 15.9.2005

the Fund deleted by 21/1989 s 3(d) 11.5.1989

inserted by 8/1999 s 3(a) 1.7.1998

invalidity insurance benefit inserted by 43/2005 s 4(6) 15.9.2005

judge inserted by 43/2005 s 4(6) 15.9.2005

member amended by 43/2005 s 4(7) 15.9.2005

member pensioner amended by 59/1995 s 3(c) 24.8.1995

amended by 43/2005 s 4(8) 15.9.2005

new scheme member inserted by 59/1995 s 3(d) 24.8.1995

deleted by 43/2005 s 4(9) 15.9.2005

new scheme member pensioner inserted by 59/1995 s 3(d) 24.8.1995

deleted by 43/2005 s 4(9) 15.9.2005

non-participating member inserted by 43/2005 s 4(9) 15.9.2005

notional pension amended by 43/2005 s 4(10) 15.9.2005

old scheme member inserted by 59/1995 s 3(e) 24.8.1995

deleted by 43/2005 s 4(11) 15.9.2005

old scheme member pensioner inserted by 59/1995 s 3(e) 24.8.1995

deleted by 43/2005 s 4(11) 15.9.2005

prescribed office inserted by 112/1978 s 3 21.12.1978

PSS 1 inserted by 43/2005 s 4(12) 15.9.2005

PSS 2 inserted by 43/2005 s 4(12) 15.9.2005

PSS 3 inserted by 43/2005 s 4(12) 15.9.2005

PSS 1 member inserted by 43/2005 s 4(12) 15.9.2005

PSS 1 member pensioner inserted by 43/2005 s 4(12) 15.9.2005

PSS 2 member inserted by 43/2005 s 4(12) 15.9.2005

PSS 2 member pensioner inserted by 43/2005 s 4(12) 15.9.2005

PSS 3 member inserted by 43/2005 s 4(12) 15.9.2005

putative spouse inserted by 13/2003 s 4 3.7.2003

substituted by 43/2006 s 159 1.6.2007

registered relationship inserted by 13/2017 s 13 1.8.2017

the repealed Act amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

salary amended by 18/1982 s 3(b) 21.10.1982

substituted by 14/1986 s 3(1) (Sch 6) 1.9.1986

SIS Act inserted by 43/2005 s 4(13) 15.9.2005

special deposit account inserted by 8/1999 s 3(b) 1.7.1998

spouse substituted by 59/1995 s 3(f) 24.8.1995

spouse pension amended by 43/2005 s 4(14) 15.9.2005

amended by 46/2019 s 27 1.5.2020

State inserted by 59/1995 s 3(g) 24.8.1995

Superannuation Contributions Tax Act inserted by 43/2005 s 4(15) 15.9.2005

superannuation salary sacrifice inserted by 43/2005 s 4(15) 15.9.2005

surcharge notice inserted by 43/2005 s 4(15) 15.9.2005

the Trustees deleted by 21/1989 s 3(e) 11.5.1989

s 5(2) amended by 34/2003 Sch cl 1(2) 31.7.2003

s 5(3) inserted by 34/2003 Sch cl 1(3) 31.7.2003

amended by 43/2005 s 4(16) 15.9.2005

s 6

s 6(1) substituted by 4/1981 s 3(a) 21.10.1982

amended by 59/1995 s 4 24.8.1995

s 6(2) deleted by 4/1981 s 3(a) 21.10.1982

inserted by 43/2005 s 5(1) 15.9.2005

s 6(3) amended by 4/1981 s 3(b) 21.10.1982

amended by 43/2005 s 5(2), (3) 15.9.2005

s 6(4) amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

deleted by 43/2005 s 5(4) 15.9.2005

s 7 amended by 112/1978 s 4 21.12.1978

amended by 43/2005 s 6(1)—(4) 15.9.2005

s 7A inserted by 13/2003 s 5 3.7.2003

s 7A(1) substituted by 43/2006 s 160 1.6.2007

amended by 13/2017 s 14(1) 1.8.2017

amended by 46/2019 s 28(1) 1.5.2020

(b) deleted by 46/2019 s 28(2) 1.5.2020

s7A(2) substituted by 13/2017 s 14(2) 1.8.2017

s7A(2a) inserted by 13/2017 s 14(2) 1.8.2017

s 7B inserted by 13/2003 s 5 3.7.2003

ss 7C—7E inserted by 43/2005 s 7 15.9.2005

s 7F inserted by 43/2005 s 7 15.9.2005

s 7F(1a) inserted by 15/2010 s 8(1) 7.10.2010

s 7F(2) amended by 15/2010 s 8(2), (3) 7.10.2010

s 7G inserted by 15/2010 s 9 7.10.2010

Pt 2 amended by 105/1985 ss 3 and 4 21.11.1985

amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

substituted by 21/1989 s 4 11.5.1989

Pt 2A inserted by 8/1999 s 4 1.7.1998

s 13

s 13(3a) inserted by 43/2005 s 8(1) 15.9.2005

amended by 15/2010 s 10(1) 7.10.2010

s 13(4) amended by 43/2005 s 8(2) 15.9.2005

amended by 15/2010 s 10(2), (3) 7.10.2010

Pt 2B inserted by 8/1999 s 4 1.7.1998

s 13AB inserted by 43/2005 s 9 15.9.2005

s 13AB(1) amended by 15/2010 s 11 7.10.2010

s 13B

s 13B(1) amended by 43/2005 s 10(1) 15.9.2005

s 13B(2) substituted by 43/2005 s 10(2) 15.9.2005

s 13B(2a) and (2b) inserted by 43/2005 s 10(2) 15.9.2005

s 13B(3) amended by 43/2005 s 10(3) 15.9.2005

s 13C inserted by 43/2005 s 11 15.9.2005

s 13D inserted by 15/2010 s 12 7.10.2010

Pt 3 before substitution by 43/2005 amended by 7/1978 s 3 1.6.1978

amended by 112/1978 ss 5, 6 21.12.1978

amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

substituted by 21/1989 s 5 11.5.1989

s 14

s 14(2) amended by 59/1995 s 5(a) 24.8.1995

s 14(3) inserted by 59/1995 s 5(b) 24.8.1995

Pt 3 substituted by 43/2005 s 12 15.9.2005

s 14B

s 14B(1) substituted by 15/2010 s 13 7.10.2010

s 14C

s 14C(1) amended by 15/2010 s 14(1) 20.3.2010

CP deleted by 15/2010 s 14(2) 20.3.2010

s 14C(2) substituted by 15/2010 s 14(3) 7.10.2010

s 14D

s 14D(1) amended by 15/2010 s 15 7.10.2010

Pt 4

Pt 4 Div 1

s 15 inserted by 43/2005 s 13 15.9.2005

s 16 amended by 18/1992 s 2 7.5.1992

amended by 59/1995 s 6 24.8.1995

amended by 43/2005 s 14 15.9.2005

s 17

s 17(1) amended by 112/1978 s 7(a) 21.12.1978

amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

amended by 59/1995 s 7(a) 24.8.1995

amended by 43/2005 s 15(1) 15.9.2005

s 17(2) substituted by 112/1978 s 7(b) 21.12.1978

amended by 18/1982 s 4(a) 21.10.1982

amended by 59/1995 s 7(b) 24.8.1995

amended by 43/2005 s 15(2) 15.9.2005

s 17(2a) inserted by 112/1978 s 7(b) 21.12.1978

substituted by 105/1985 s 5 21.11.1985

amended by 21/1989 s 6 11.5.1989

amended by 69/1992 s 19 10.12.1992

deleted by 59/1995 s 7(c) 24.8.1995

s 17(2b) inserted by 18/1982 s 4(b) 21.10.1982

deleted by 105/1985 s 5 21.11.1985

s 17(3) and (4) deleted by 59/1995 s 7(c) 24.8.1995

s 17A inserted by 59/1995 s 8 24.8.1995

s 17A(1) amended by 43/2005 s 16(1) 15.9.2005

s 17A(2) amended by 43/2005 s 16(2), (3) 15.9.2005

s 17A(6) amended by 43/2005 s 16(4) 15.9.2005

s 17B inserted by 59/1995 s 8 24.8.1995

s 18

s 18(1) amended by 43/2005 s 17(1), (2) 15.9.2005

s 18(2) amended by 112/1978 s 8 21.12.1978

amended by 59/1995 s 9 24.8.1995

s 18(3) amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

deleted by 43/2005 s 17(3) 15.9.2005

s 19 amended by 7/1978 s 4 1.6.1978

amended by 4/1981 s 4 21.10.1982

substituted by 105/1985 s 6 21.11.1985

s 19(2) amended by 59/1995 s 10(a) 24.8.1995

s 19(2a) inserted by 59/1995 s 10(b) 24.8.1995

amended by 43/2005 s 18 15.9.2005

s 19(2b) inserted by 59/1995 s 10(b) 24.8.1995

s 19(4) amended by 21/1989 s 7 11.5.1989

s 19A inserted by 59/1995 s 11 24.8.1995

s 19A(3) amended by 21/2003 s 4 17.8.2003

s 19A(4) inserted by 43/2005 s 19 15.9.2005

s 20

s 20(1) amended by 43/2005 s 20(1) 15.9.2005

s 20(2) deleted by 43/2005 s 20(2) 15.9.2005

Pt 4 Div 2

s 21

s 21(1) amended by 105/1985 s 7(a) 21.11.1985

amended by 21/1989 s 8(a) 11.5.1989

amended by 59/1995 s 12(a) 24.8.1995

amended by 43/2005 s 21(1) 15.9.2005

s 21(1a) inserted by 105/1985 s 7(b) 21.11.1985

substituted by 59/1995 s 12(b) 24.8.1995

amended by 43/2005 s 21(2) 15.9.2005

s 21(1b) inserted by 105/1985 s 7(b) 21.11.1985

amended by 21/1989 s 8(b) 11.5.1989

substituted by 59/1995 s 12(b) 24.8.1995

s 21(1c) inserted by 105/1985 s 7(b) 21.11.1985

amended by 21/1989 s 8(c) 11.5.1989

amended by 59/1995 s 12(c) 24.8.1995

s 21(2) amended by 105/1985 s 7(c) 21.11.1985

amended by 21/1989 s 8(d) 11.5.1989

s 21(3) substituted by 105/1985 s 7(d) 21.11.1985

deleted by 59/1995 s 12(d) 24.8.1995

s 21A amended by 4/1981 s 5 21.10.1982

amended by 59/1995 s 13 24.8.1995

amended by 43/2005 s 22 15.9.2005

s 21AA—see s 23AA

Pt 4 Div 2A inserted by 43/2005 s 24 15.9.2005

s 21AC

Government-funded component amended by 15/2010 s 16(1) 7.10.2010

member-funded component amended by 15/2010 s 16(2) 7.10.2010

Pt 4 Div 3

heading substituted by 43/2005 s 25 15.9.2005

s 21B inserted by 59/1995 s 14 24.8.1995

deleted by 8/1999 s 5 1.7.1998

s 22 amended by 4/1981 s 6 21.10.1982

amended by 21/1989 s 9 11.5.1989

substituted by 18/1992 s 3 7.5.1992

s 22(1) amended by 59/1995 s 15(a)—(c) 24.8.1995

amended by 8/1999 s 6 1.7.1998

amended by 43/2005 s 26 15.9.2005

s 22(2) and (3) deleted by 59/1995 s 15(d) 24.8.1995

s 22A inserted by 59/1995 s 16 24.8.1995

s 22A(1) amended by 43/2005 s 27(1), (2) 15.9.2005

s 22A(2) substituted by 8/1999 s 7(a) 1.7.1998

amended by 43/2005 s 27(3), (4) 15.9.2005

s 22A(2a) inserted by 8/1999 s 7(a) 1.7.1998

s 22A(4) substituted by 8/1999 s 7(b) 1.7.1998

amended by 43/2005 s 27(5) 15.9.2005

s 22A(4a) inserted by 8/1999 s 7(b) 1.7.1998

amended by 43/2005 s 27(6) 15.9.2005

s 22A(4b) inserted by 8/1999 s 7(b) 1.7.1998

s 22A(4c) inserted by 8/1999 s 7(b) 1.7.1998

amended by 43/2005 s 27(7) 15.9.2005

s 22A(5) amended by 21/2003 s 5 17.8.2003

s 22A(5a) inserted by 8/1999 s 7(c) 1.7.1998

amended by 43/2005 s 27(8) 15.9.2005

s 23 before substitution by 43/2005 amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

amended by 21/1989 s 10 11.5.1989

s 23 substituted by 43/2005 s 28 15.9.2005

s 23(1) amended by 15/2010 s 17(1)—(4) 7.10.2010

s 23(2a) inserted by 15/2010 s 17(5) 7.10.2010

s 23AA s 21AA inserted by 23/1999 s 4 1.4.1999

s 21AA redesignated as s 23AA by 43/2005 s 23(5) 15.9.2005

s 23AA(1) amended by 43/2005 s 23(1) 15.9.2005

s 23AA(3) amended by 43/2005 s 23(2), (3) 15.9.2005

s 23AA(8)

deferred superannuation contributions surcharge deleted by 43/2005 s 23(4) 15.9.2005

ss 23AAB—23AAD inserted by 43/2005 s 29 15.9.2005

s 23AAE inserted by 18/2014 s 3 20.11.2014

Pt 4A inserted by 49/2003 s 6 18.12.2003

s 23B

SIS Act deleted by 43/2005 s 30 15.9.2005

s 23C before deletion by 37/2012

s 23C(1) amended by 43/2005 s 31 15.9.2005

s 23C deleted by 37/2012 s 10 19.11.2012

s 23D

s 23D(1) amended by 43/2005 s 32 15.9.2005

s 23E

s 23E(2) amended by 43/2005 s 33(1) 15.9.2005

s 23E(3) amended by 43/2005 s 33(2) 15.9.2005

s 23E(4) inserted by 43/2005 s 33(3) 15.9.2005

s 23F

s 23F(2) amended by 37/2012 s 11 19.11.2012

s 23J substituted by 43/2005 s 34 15.9.2005

Pt 5

Pt 5 Div 1

s 24

s 24(1) amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

amended by 59/1995 s 17 24.8.1995

amended by 43/2005 s 35 15.9.2005

s 24(2) amended by 112/1978 s 9(a), (b) 21.12.1978

amended by 4/1981 s 7 21.12.1978

s 24(3) inserted by 112/1978 s 9(c) 21.12.1978

amended by 18/1982 s 5(a), (b) 21.10.1982

amended by 105/1985 s 8(a), (b) 21.11.1985

s 24(4) inserted by 112/1978 s 9(c) 21.12.1978

substituted by 105/1985 s 8(c) 21.11.1985

amended by 21/1989 s 11 11.5.1989

amended by 69/1992 s 20 10.12.1992

s 24(5) inserted by 18/1982 s 5(c) 21.10.1982

deleted by 105/1985 s 8(c) 21.11.1985

s 25

s 25(1) s 25 amended and redesignated as s 25(1) by 112/1978 s 10 21.12.1978

amended by 4/1981 s 8(a) 21.10.1982

amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

amended by 59/1995 s 18(a) 24.8.1995

amended by 43/2005 s 36 15.9.2005

s 25(2) inserted by 112/1978 s 10(b) 21.12.1978

s 25(3) inserted by 4/1981 s 8(b) 21.10.1982

substituted by 14/1986 s 3(1) (Sch 6) 1.9.1986

deleted by 59/1995 s 18(b) 24.8.1995

s 25A inserted by 59/1995 s 19 24.8.1995

s 25A(1) amended by 43/2005 s 37 15.9.2005

s 25B inserted by 59/1995 s 19 24.8.1995

s 25B(1) amended by 43/2005 s 38 15.9.2005

s 25C inserted by 59/1995 s 19 24.8.1995

s 25C(2) deleted by 43/2005 s 39 15.9.2005

s 26AAA inserted by 49/2003 s 7 18.12.2003

Pt 5 Div 1A inserted by 59/1995 s 20 24.8.1995

Pt 5 Div 2

s 26AAB inserted by 43/2005 s 40 15.9.2005

s 26A inserted by 4/1981 s 9 21.10.1982

substituted by 14/1986 s 3(1) (Sch 6) 1.9.1986

amended by 59/1995 s 21 24.8.1995

s 27 amended by 4/1981 s 10 21.10.1982

s 29

s 29(1) amended by 4/1981 s 11 21.10.1982

s 30 substituted by 105/1985 s 9 21.11.1985

amended by 21/1989 s 12 11.5.1989

Pt 5A inserted by 18/1992 s 4 7.5.1992

heading substituted by 43/2005 s 41 15.9.2005

s 31A

s 31A(1) amended by 59/1995 s 22(a) 24.8.1995

amended by 43/2005 s 42 15.9.2005

s 31A(2) substituted by 59/1995 s 22(b) 24.8.1995

s 31A(3) deleted by 59/1995 s 22(b) 24.8.1995

Pt 6

s 34 amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

amended by 21/1989 s 13 11.5.1989

s 35 amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

amended by 69/1992 s 21 10.12.1992

substituted by 59/1995 s 23 24.8.1995

s 35(1) substituted by 20/1998 s 5(a) 1.10.1997

substituted by 40/2001 s 7(a) 1.1.2002

s 35(3) amended by 20/1998 s 5(b) 1.10.1997

substituted by 40/2001 s 7(b) 1.1.2002

s 35(4) substituted by 20/1998 s 5(c) 1.10.1997

amended by 40/2001 s 7(c) 1.1.2002

s 35(5) inserted by 20/1998 s 5(c) 1.10.1997

amended by 40/2001 s 7(d), (e) 1.1.2002

s 35(6) inserted by 20/1998 s 5(c) 1.10.1997

substituted by 40/2001 s 7(f) 1.1.2002

Pt 6A inserted by 59/1995 s 24 24.8.1995

deleted by 43/2005 s 43 15.9.2005

Pt 7

s 36 before deletion by 43/2005

s 36(1) amended by 21/1989 s 14(a) 11.5.1989

s 36(3) amended by 21/1989 s 14(b) 11.5.1989

s 36(4)

prescribed amount amended by 105/1985 s 10(a), (b) 21.11.1985

s 36(4a)—(4c) inserted by 4/1981 s 12(a) 21.10.1982

deleted by 18/1982 s 6(a) 21.10.1982

s 36(6) inserted by 112/1978 s 11 21.12.1978

substituted by 4/1981 s 12(b) 21.10.1982

amended by 18/1982 s 6(b) 21.10.1982

amended by 21/1989 s 14(c) 11.5.1989

amended by 59/1995 s 25(a), (b) 24.8.1995

s 36(7) inserted by 4/1981 s 12(b) 21.10.1982

s 36(7a) inserted by 105/1985 s 10(c) 1.7.1979

amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

s 36(7b) inserted by 105/1985 s 10(c) 1.7.1979

amended by 14/1986 s 3(1) (Sch 6) 1.9.1986

amended by 21/1989 s 14(d), (e) 11.5.1989

s 36(8) inserted by 18/1982 s 6(c) 21.10.1982

amended by 105/1985 s 10(d) 1.7.1979

amended by 21/1989 s 14(f)—(h) 11.5.1989

s 36(9) inserted by 18/1982 s 6(c) 21.10.1982

amended by 21/1989 s 14(i) 11.5.1989

s 36(10) inserted by 59/1995 s 25(c) 24.8.1995

s 36 deleted by 43/2005 s 44 15.9.2005

s 36 inserted by 15/2010 s 18 1.7.2011

s 36A inserted by 59/1995 s 26 24.8.1995

s 36B inserted by 59/1995 s 26 24.8.1995

s 36B(1) amended by 43/2005 s 45(1) 15.9.2005

s 36B(2) amended by 43/2005 s 45(2) 15.9.2005

s 36B(3) amended by 43/2005 s 45(3) 15.9.2005

s 37

s 37(1) amended by 18/1992 s 5 7.5.1992

s 37(3)—(5) inserted by 43/2005 s 46 15.9.2005

s 39 substituted by 21/1989 s 15 11.5.1989

substituted by 25/1997 s 6 24.4.1997

s 39(2) substituted by 8/1999 s 8 1.7.1998

s 39A inserted by 112/1978 s 12 21.12.1978

deleted by 14/1986 s 3(1) (Sch 6) 1.9.1986

inserted by 49/2003 s 8 18.12.2003

s 40

s 40(1) s 40 redesignated as s 40(1) by 49/2003 s 9 18.12.2003

s 40(2) inserted by 49/2003 s 9 18.12.2003

Sch 1 deleted by 14/1986 s 3(1) (Sch 6) 1.9.1986

inserted by 21/1989 s 16 11.5.1989

deleted by 8/1999 s 9 1.7.1998

inserted by 43/2005 s 47 3.7.2003

Sch 2 amended by 105/1985 s 11 21.11.1985

Sch 3 inserted by 59/1995 s 27 24.8.1995

Transitional etc provisions associated with Act or amendments

Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003

1—Interpretation
In this Schedule—
relevant Act means an Act amended by this Act;
relevant authority means—
(a)the Police Superannuation Board; or
(b)the South Australian Parliamentary Superannuation Board; or
(c)the South Australian Superannuation Board; or
(d)the Treasurer.

2—Prior action
Any step taken by a relevant authority before a section of this Act is brought into operation that corresponds to a step that may be taken by the relevant authority under a relevant Act after this Act is brought into operation will be taken to be valid and effectual for the purposes of a relevant Act as if it had been taken after the commencement of this Act.
3—Instruments
Any splitting instrument, or other instrument, lodged with a relevant authority before the commencement of this Act may take effect for the purposes of a relevant Act after the commencement of this Act.
4—Other matters

The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
A provision of a regulation under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from an earlier day, but not before 28 December 2002.
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)decreasing the person's rights; or
(b)imposing liabilities on the person.
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment effected by this Act.

Parliamentary Superannuation (Scheme for New Members) Amendment Act 2005, Sch 1—Transitional provisions

1—Continuity of entitlements

In this clause—
principal Act means the Parliamentary Superannuation Act 1974.
A person who was, immediately before the commencement of this clause, an old scheme member pensioner under the principal Act will continue as a PSS 1 member pensioner.
A person who was, immediately before the commencement of this clause, a new scheme member pensioner under the principal Act will continue as a PSS 2 member pensioner.
A reference in the principal Act (as amended by this Act) to a former PSS 1 member will be taken to include a reference to a former old scheme member under the principal Act immediately before the commencement of this clause.
A reference in the principal Act (as amended by this Act) to a former PSS 2 member will be taken to include a reference to a former new scheme member under the principal Act immediately before the commencement of this clause.
A reference in the principal Act (as amended by this Act) to a deceased PSS 1 or PSS 2 member will be taken to include a reference to a deceased old scheme member or a deceased new scheme member (as the case requires) under the principal Act immediately before the commencement of this clause.

2—Other provisions

The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)decreasing the person's rights; or
(b)imposing liabilities on the person.
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment effected by this Act.

Statutes Amendment (Domestic Partners) Act 2006

161—Transitional provision
An amendment made by a provision of this Act to a provision of the Parliamentary Superannuation Act 1974 that relates to the payment of a pension, lump sum or other benefit to a person on the death of a member, or former member, applies only if the death occurs after the commencement of the amendment.

Statutes Amendment (Members' Benefits) Act 2010, Sch 1—Transitional provisions

1—Member contributions—Parliamentary Superannuation Act 1974

If a member of Parliament was, immediately before the commencement of section 13, making contributions to the Treasurer at a rate of 4.5% of salary on the basis of an election made by the member under section 14B(1) or (2) of the Parliamentary Superannuation Act 1974—
(a)the member will be taken to have made an election under section 14B(2) of that Act, on the day of that commencement, to vary the rate of contribution to 4% of salary; and
(b)the variation will operate on and from the first day of the month following the month in which that commencement occurs.
In this clause—
salary, in relation to a member, means the combined value of the basic and additional salary (if any) payable to the member.

2—Increased Government contribution—Parliamentary Superannuation Act 1974

Within 14 days after the relevant day—
(a)the Treasurer must pay the relevant amount into the PSS 3—Government Contributions Division of the Parliamentary Superannuation Fund; and
(b)a PSS 3 member's Government contribution account must be credited with an amount equivalent to the component of the relevant amount attributable to the salary paid to the member in the relevant period.
No interest is to be taken to have accrued in relation to an amount referred to in subclause (1) before the day on which the relevant amount is paid into the PSS 3—Government Contributions Division of the Parliamentary Superannuation Fund.
For the purposes of determining the amount payable by the Treasurer under the Parliamentary Superannuation Act 1974 in respect of a prescribed PSS 3 member following the election for the Parliament of this State that took place on 20 March 2010, section 14C of the Parliamentary Superannuation Act 1974 is to be taken to have operated as if it had not been amended by section 14(1) and (2) of this Act.
In this clause—
prescribed PSS 3 member means a PSS 3 member who sought to be, but was not, elected at the election for the Parliament of this State that took place on 20 March 2010;
PSS 3 means the scheme of superannuation known as PSS 3 under the Parliamentary Superannuation Act 1974;
PSS 3 member means a member of PSS 3 under the Parliamentary Superannuation Act 1974, other than a person who is only a member of PSS 3 in order to establish—
(a)a rollover account under section 7F of that Act; or
(b)a Government contribution account under section 7G of that Act,
(or both);
relevant amount means the amount of the difference between—
(a)the amount paid by the Treasurer into the PSS 3—Government Contributions Division of the Parliamentary Superannuation Fund under section 14C of the Parliamentary Superannuation Act 1974 in respect of the relevant period before the relevant day; and
(b)the total amount payable by the Treasurer into the PSS 3—Government Contributions Division of the Parliamentary Superannuation Fund under section 14C of the Parliamentary Superannuation Act 1974 in respect of the relevant period as a consequence of the amendments to that section made by section 14(1) and (2) of this Act;
relevant day means the last day of the month in which this Act is assented to by the Governor;
relevant period means the period commencing on 20 March 2010 and ending on the relevant day;
salary means basic salary and additional salary (if any) (within the meaning of the Parliamentary Superannuation Act 1974).

Historical versions

*Retrospective amendment not included in Reprints 10—13 (see 43/2005)

Reprint —1.9.1986

Reprint No 1—15.11.1991

Reprint No 2—7.5.1992

Reprint No 3—10.12.1992

Reprint No 4—24.8.1995

Reprint No 5—24.4.1997

Reprint No 6—2.4.1998

Reprint No 7—18.3.1999

Reprint No 8—1.4.1999

Reprint No 9—1.1.2002

Reprint No 10—3.7.2003*

Reprint No 11—31.7.2003*

Reprint No 12—17.8.2003*

Reprint No 13—18.12.2003*

18.12.2003—substituted

15.9.2005

1.6.2007

20.3.2010 (electronic only)

7.10.2010

1.7.2011

19.11.2012

20.11.2014

1.8.2017

Year	No	Title	Assent	Commencement
1974	15	Parliamentary Superannuation Act 1974	4.4.1974	4.4.1974 (Gazette 4.4.1974 p1132)
1974	79	Parliamentary Superannuation Act Amendment Act 1974	31.10.1974	31.10.1974
1978	7	Parliamentary Superannuation Act Amendment Act 1978	9.3.1978	1.6.1978 (Gazette 1.6.1978 p1878)
1978	112	Parliamentary Superannuation Act Amendment Act (No. 2) 1978	7.12.1978	21.12.1978 (Gazette 21.12.1978 p2307)
1981	4	Parliamentary Superannuation Act Amendment Act 1981	26.2.1981	21.10.1982 (Gazette 21.10.1982 p1162) except s 7—21.12.1978: s 2(2)
1982	18	Parliamentary Superannuation Act Amendment Act 1982	11.3.1982	21.10.1982 (Gazette 21.10.1982 p1160)
1985	105	Parliamentary Superannuation Act Amendment Act 1985	7.11.1985	21.11.1985 (Gazette 21.11.1985 p1542) except s 10(c) & (d)—1.7.1979: s 2(3)
1986	14	Statute Law Revision Act 1986	20.3.1986	Sch 6—1.9.1986 (Gazette 7.8.1986 p474)
1989	21	Parliamentary Superannuation Act Amendment Act 1989	27.4.1989	11.5.1989 (Gazette 11.5.1989 p1252)
1992	18	Parliamentary Superannuation (Miscellaneous) Amendment Act 1992	7.5.1992	7.5.1992
1992	69	Statutes Amendment (Public Actuary) Act 1992	19.11.1992	10.12.1992 (Gazette 10.12.1992 p1752)
1995	59	Parliamentary Superannuation (New Scheme) Amendment Act 1995	3.8.1995	24.8.1995 (Gazette 24.8.1995 p499)
1997	25	Statutes Amendment (Superannuation) Act 1997	10.4.1997	Pt 3 (s 6)—24.4.1997 (Gazette 24.4.1997 p1618)
1998	20	Statutes Amendment (Adjustment of Superannuation Pensions) Act 1998	2.4.1998	Pt 3 (s 5)—1.10.1997: s 2
1999	8	Parliamentary Superannuation (Establishment of Fund) Amendment Act 1999	18.3.1999	1.7.1998: s 2
1999	23	Statutes Amendment (Commutation for Superannuation Surcharge) Act 1999	1.4.1999	1.4.1999
2001	40	Statutes Amendment (Indexation of Superannuation Pensions) Act 2001	3.8.2001	Pt 4 (s 7)—1.1.2002: s 2
2003	13	Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003	12.6.2003	Pt 2 (ss 4 & 5)—3.7.2003 (Gazette 3.7.2003 p2877)
2003	21	Statutes Amendment (Notification of Superannuation Entitlements) Act 2003	17.7.2003	Pt 2 (ss 4 & 5)—17.8.2003: s 2
2003	34	Parliamentary Remuneration (Powers of Remuneration Tribunal) Amendment Act 2003	31.7.2003	31.7.2003
2003	49	Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003	20.11.2003	Pt 3 (ss 6—9) & Sch 1—18.12.2003 (Gazette 18.12.2003 p4527)
2005	43	Parliamentary Superannuation (Scheme for New Members) Amendment Act 2005	21.7.2005	Pt 2 (s 47)—3.7.2003: s 2(2); ss 4—46 & Sch 1—15.9.2005 (Gazette 15.9.2005 p3346)
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 59 (ss 159—161)—1.6.2007 (Gazette 26.4.2007 p1352)
2010	15	Statutes Amendment (Members' Benefits) Act 2010	7.10.2010	Pt 3 (s 14(1) & (2))—20.3.2010: s 2(2); ss 7—13, 14(3), 15—17 & Sch 1—7.10.2010: s 2(1); s 18—1.7.2011 (Gazette 23.6.2011 p2697)
2012	37	Statutes Amendment and Repeal (Superannuation) Act 2012	25.10.2012	Pt 3 (ss 9—11)—19.11.2012 (Gazette 15.11.2012 p5007)
2014	18	Statutes Amendment (Superannuation) Act 2014	20.11.2014	Pt 2 (s 3)—20.11.2014
2017	13	Statutes Amendment (Registered Relationships) Act 2017	26.4.2017	Pt 9 (ss 13 & 14)—1.8.2017 (Gazette 1.8.2017 p3039)
2019	46	*Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019*	19.12.2019	*Pt 11 (ss 27 & 28)—1.5.2020 (Gazette 30.4.2020 p838)*

Provision	How varied	Commencement
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	3.7.2003
ss 3 and 4	deleted by 14/1986 s 3(1) (Sch 6)	1.9.1986
s 5
s 5(1)
additional salary	substituted by 18/1982 s 3(a)	21.10.1982
substituted by 14/1986 s 3(1) (Sch 6)	1.9.1986
approved form	inserted by 37/2012 s 9	19.11.2012
basic salary	inserted by 14/1986 s 3(1) (Sch 6)	1.9.1986
amended by 34/2003 Sch cl 1(1)	31.7.2003
the Board	inserted by 21/1989 s 3(a)	11.5.1989
co-contribution	inserted by 15/2010 s 7	7.10.2010
co-contribution account	inserted by 15/2010 s 7	7.10.2010
complying superannuation fund	inserted by 43/2005 s 4(1)	15.9.2005
contribution	amended by 21/1989 s 3(b)	11.5.1989
death insurance benefit	inserted by 43/2005 s 4(2)	15.9.2005
deferred superannuation contributions surcharge	inserted by 43/2005 s 4(2)	15.9.2005
determination day	deleted by 59/1995 s 3(a)	24.8.1995
eligible child	amended by 21/1989 s 3(c)	11.5.1989
amended by 43/2005 s 4(3), (4)	15.9.2005
former new scheme member	inserted by 59/1995 s 3(b)	24.8.1995
deleted by 43/2005 s 4(5)	15.9.2005
former old scheme member	inserted by 59/1995 s 3(b)	24.8.1995
deleted by 43/2005 s 4(5)	15.9.2005
former PSS 1 member	inserted by 43/2005 s 4(5)	15.9.2005
former PSS 2 member	inserted by 43/2005 s 4(5)	15.9.2005
the Fund	deleted by 21/1989 s 3(d)	11.5.1989
inserted by 8/1999 s 3(a)	1.7.1998
invalidity insurance benefit	inserted by 43/2005 s 4(6)	15.9.2005
judge	inserted by 43/2005 s 4(6)	15.9.2005
member	amended by 43/2005 s 4(7)	15.9.2005
member pensioner	amended by 59/1995 s 3(c)	24.8.1995
amended by 43/2005 s 4(8)	15.9.2005
new scheme member	inserted by 59/1995 s 3(d)	24.8.1995
deleted by 43/2005 s 4(9)	15.9.2005
new scheme member pensioner	inserted by 59/1995 s 3(d)	24.8.1995
deleted by 43/2005 s 4(9)	15.9.2005
non-participating member	inserted by 43/2005 s 4(9)	15.9.2005
notional pension	amended by 43/2005 s 4(10)	15.9.2005
old scheme member	inserted by 59/1995 s 3(e)	24.8.1995
deleted by 43/2005 s 4(11)	15.9.2005
old scheme member pensioner	inserted by 59/1995 s 3(e)	24.8.1995
deleted by 43/2005 s 4(11)	15.9.2005
prescribed office	inserted by 112/1978 s 3	21.12.1978
PSS 1	inserted by 43/2005 s 4(12)	15.9.2005
PSS 2	inserted by 43/2005 s 4(12)	15.9.2005
PSS 3	inserted by 43/2005 s 4(12)	15.9.2005
PSS 1 member	inserted by 43/2005 s 4(12)	15.9.2005
PSS 1 member pensioner	inserted by 43/2005 s 4(12)	15.9.2005
PSS 2 member	inserted by 43/2005 s 4(12)	15.9.2005
PSS 2 member pensioner	inserted by 43/2005 s 4(12)	15.9.2005
PSS 3 member	inserted by 43/2005 s 4(12)	15.9.2005
putative spouse	inserted by 13/2003 s 4	3.7.2003
substituted by 43/2006 s 159	1.6.2007
registered relationship	inserted by 13/2017 s 13	1.8.2017
the repealed Act	amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
salary	amended by 18/1982 s 3(b)	21.10.1982
substituted by 14/1986 s 3(1) (Sch 6)	1.9.1986
SIS Act	inserted by 43/2005 s 4(13)	15.9.2005
special deposit account	inserted by 8/1999 s 3(b)	1.7.1998
spouse	substituted by 59/1995 s 3(f)	24.8.1995
spouse pension	amended by 43/2005 s 4(14)	15.9.2005
amended by 46/2019 s 27	1.5.2020
State	inserted by 59/1995 s 3(g)	24.8.1995
Superannuation Contributions Tax Act	inserted by 43/2005 s 4(15)	15.9.2005
superannuation salary sacrifice	inserted by 43/2005 s 4(15)	15.9.2005
surcharge notice	inserted by 43/2005 s 4(15)	15.9.2005
the Trustees	deleted by 21/1989 s 3(e)	11.5.1989
s 5(2)	amended by 34/2003 Sch cl 1(2)	31.7.2003
s 5(3)	inserted by 34/2003 Sch cl 1(3)	31.7.2003
amended by 43/2005 s 4(16)	15.9.2005
s 6
s 6(1)	substituted by 4/1981 s 3(a)	21.10.1982
amended by 59/1995 s 4	24.8.1995
s 6(2)	deleted by 4/1981 s 3(a)	21.10.1982
inserted by 43/2005 s 5(1)	15.9.2005
s 6(3)	amended by 4/1981 s 3(b)	21.10.1982
amended by 43/2005 s 5(2), (3)	15.9.2005
s 6(4)	amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
deleted by 43/2005 s 5(4)	15.9.2005
s 7	amended by 112/1978 s 4	21.12.1978
amended by 43/2005 s 6(1)—(4)	15.9.2005
s 7A	inserted by 13/2003 s 5	3.7.2003
s 7A(1)	substituted by 43/2006 s 160	1.6.2007
amended by 13/2017 s 14(1)	1.8.2017
amended by 46/2019 s 28(1)	1.5.2020
(b) deleted by 46/2019 s 28(2)	1.5.2020
s7A(2)	substituted by 13/2017 s 14(2)	1.8.2017
s7A(2a)	inserted by 13/2017 s 14(2)	1.8.2017
s 7B	inserted by 13/2003 s 5	3.7.2003
ss 7C—7E	inserted by 43/2005 s 7	15.9.2005
s 7F	inserted by 43/2005 s 7	15.9.2005
s 7F(1a)	inserted by 15/2010 s 8(1)	7.10.2010
s 7F(2)	amended by 15/2010 s 8(2), (3)	7.10.2010
s 7G	inserted by 15/2010 s 9	7.10.2010
Pt 2	amended by 105/1985 ss 3 and 4	21.11.1985
amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
substituted by 21/1989 s 4	11.5.1989
Pt 2A	inserted by 8/1999 s 4	1.7.1998
s 13
s 13(3a)	inserted by 43/2005 s 8(1)	15.9.2005
amended by 15/2010 s 10(1)	7.10.2010
s 13(4)	amended by 43/2005 s 8(2)	15.9.2005
amended by 15/2010 s 10(2), (3)	7.10.2010
Pt 2B	inserted by 8/1999 s 4	1.7.1998
s 13AB	inserted by 43/2005 s 9	15.9.2005
s 13AB(1)	amended by 15/2010 s 11	7.10.2010
s 13B
s 13B(1)	amended by 43/2005 s 10(1)	15.9.2005
s 13B(2)	substituted by 43/2005 s 10(2)	15.9.2005
s 13B(2a) and (2b)	inserted by 43/2005 s 10(2)	15.9.2005
s 13B(3)	amended by 43/2005 s 10(3)	15.9.2005
s 13C	inserted by 43/2005 s 11	15.9.2005
s 13D	inserted by 15/2010 s 12	7.10.2010
Pt 3 before substitution by 43/2005	amended by 7/1978 s 3	1.6.1978
amended by 112/1978 ss 5, 6	21.12.1978
amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
substituted by 21/1989 s 5	11.5.1989
s 14
s 14(2)	amended by 59/1995 s 5(a)	24.8.1995
s 14(3)	inserted by 59/1995 s 5(b)	24.8.1995
Pt 3	substituted by 43/2005 s 12	15.9.2005
s 14B
s 14B(1)	substituted by 15/2010 s 13	7.10.2010
s 14C
s 14C(1)	amended by 15/2010 s 14(1)	20.3.2010
CP	deleted by 15/2010 s 14(2)	20.3.2010
s 14C(2)	substituted by 15/2010 s 14(3)	7.10.2010
s 14D
s 14D(1)	amended by 15/2010 s 15	7.10.2010
Pt 4
Pt 4 Div 1
s 15	inserted by 43/2005 s 13	15.9.2005
s 16	amended by 18/1992 s 2	7.5.1992
amended by 59/1995 s 6	24.8.1995
amended by 43/2005 s 14	15.9.2005
s 17
s 17(1)	amended by 112/1978 s 7(a)	21.12.1978
amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
amended by 59/1995 s 7(a)	24.8.1995
amended by 43/2005 s 15(1)	15.9.2005
s 17(2)	substituted by 112/1978 s 7(b)	21.12.1978
amended by 18/1982 s 4(a)	21.10.1982
amended by 59/1995 s 7(b)	24.8.1995
amended by 43/2005 s 15(2)	15.9.2005
s 17(2a)	inserted by 112/1978 s 7(b)	21.12.1978
substituted by 105/1985 s 5	21.11.1985
amended by 21/1989 s 6	11.5.1989
amended by 69/1992 s 19	10.12.1992
deleted by 59/1995 s 7(c)	24.8.1995
s 17(2b)	inserted by 18/1982 s 4(b)	21.10.1982
deleted by 105/1985 s 5	21.11.1985
s 17(3) and (4)	deleted by 59/1995 s 7(c)	24.8.1995
s 17A	inserted by 59/1995 s 8	24.8.1995
s 17A(1)	amended by 43/2005 s 16(1)	15.9.2005
s 17A(2)	amended by 43/2005 s 16(2), (3)	15.9.2005
s 17A(6)	amended by 43/2005 s 16(4)	15.9.2005
s 17B	inserted by 59/1995 s 8	24.8.1995
s 18
s 18(1)	amended by 43/2005 s 17(1), (2)	15.9.2005
s 18(2)	amended by 112/1978 s 8	21.12.1978
amended by 59/1995 s 9	24.8.1995
s 18(3)	amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
deleted by 43/2005 s 17(3)	15.9.2005
s 19	amended by 7/1978 s 4	1.6.1978
amended by 4/1981 s 4	21.10.1982
substituted by 105/1985 s 6	21.11.1985
s 19(2)	amended by 59/1995 s 10(a)	24.8.1995
s 19(2a)	inserted by 59/1995 s 10(b)	24.8.1995
amended by 43/2005 s 18	15.9.2005
s 19(2b)	inserted by 59/1995 s 10(b)	24.8.1995
s 19(4)	amended by 21/1989 s 7	11.5.1989
s 19A	inserted by 59/1995 s 11	24.8.1995
s 19A(3)	amended by 21/2003 s 4	17.8.2003
s 19A(4)	inserted by 43/2005 s 19	15.9.2005
s 20
s 20(1)	amended by 43/2005 s 20(1)	15.9.2005
s 20(2)	deleted by 43/2005 s 20(2)	15.9.2005
Pt 4 Div 2
s 21
s 21(1)	amended by 105/1985 s 7(a)	21.11.1985
amended by 21/1989 s 8(a)	11.5.1989
amended by 59/1995 s 12(a)	24.8.1995
amended by 43/2005 s 21(1)	15.9.2005
s 21(1a)	inserted by 105/1985 s 7(b)	21.11.1985
substituted by 59/1995 s 12(b)	24.8.1995
amended by 43/2005 s 21(2)	15.9.2005
s 21(1b)	inserted by 105/1985 s 7(b)	21.11.1985
amended by 21/1989 s 8(b)	11.5.1989
substituted by 59/1995 s 12(b)	24.8.1995
s 21(1c)	inserted by 105/1985 s 7(b)	21.11.1985
amended by 21/1989 s 8(c)	11.5.1989
amended by 59/1995 s 12(c)	24.8.1995
s 21(2)	amended by 105/1985 s 7(c)	21.11.1985
amended by 21/1989 s 8(d)	11.5.1989
s 21(3)	substituted by 105/1985 s 7(d)	21.11.1985
deleted by 59/1995 s 12(d)	24.8.1995
s 21A	amended by 4/1981 s 5	21.10.1982
amended by 59/1995 s 13	24.8.1995
amended by 43/2005 s 22	15.9.2005
s 21AA—see s 23AA
Pt 4 Div 2A	inserted by 43/2005 s 24	15.9.2005
s 21AC
Government-funded component	amended by 15/2010 s 16(1)	7.10.2010
member-funded component	amended by 15/2010 s 16(2)	7.10.2010
Pt 4 Div 3
heading	substituted by 43/2005 s 25	15.9.2005
s 21B	inserted by 59/1995 s 14	24.8.1995
deleted by 8/1999 s 5	1.7.1998
s 22	amended by 4/1981 s 6	21.10.1982
amended by 21/1989 s 9	11.5.1989
substituted by 18/1992 s 3	7.5.1992
s 22(1)	amended by 59/1995 s 15(a)—(c)	24.8.1995
amended by 8/1999 s 6	1.7.1998
amended by 43/2005 s 26	15.9.2005
s 22(2) and (3)	deleted by 59/1995 s 15(d)	24.8.1995
s 22A	inserted by 59/1995 s 16	24.8.1995
s 22A(1)	amended by 43/2005 s 27(1), (2)	15.9.2005
s 22A(2)	substituted by 8/1999 s 7(a)	1.7.1998
amended by 43/2005 s 27(3), (4)	15.9.2005
s 22A(2a)	inserted by 8/1999 s 7(a)	1.7.1998
s 22A(4)	substituted by 8/1999 s 7(b)	1.7.1998
amended by 43/2005 s 27(5)	15.9.2005
s 22A(4a)	inserted by 8/1999 s 7(b)	1.7.1998
amended by 43/2005 s 27(6)	15.9.2005
s 22A(4b)	inserted by 8/1999 s 7(b)	1.7.1998
s 22A(4c)	inserted by 8/1999 s 7(b)	1.7.1998
amended by 43/2005 s 27(7)	15.9.2005
s 22A(5)	amended by 21/2003 s 5	17.8.2003
s 22A(5a)	inserted by 8/1999 s 7(c)	1.7.1998
amended by 43/2005 s 27(8)	15.9.2005
s 23 before substitution by 43/2005	amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
amended by 21/1989 s 10	11.5.1989
s 23	substituted by 43/2005 s 28	15.9.2005
s 23(1)	amended by 15/2010 s 17(1)—(4)	7.10.2010
s 23(2a)	inserted by 15/2010 s 17(5)	7.10.2010
s 23AA	s 21AA inserted by 23/1999 s 4	1.4.1999
s 21AA redesignated as s 23AA by 43/2005 s 23(5)	15.9.2005
s 23AA(1)	amended by 43/2005 s 23(1)	15.9.2005
s 23AA(3)	amended by 43/2005 s 23(2), (3)	15.9.2005
s 23AA(8)
deferred superannuation contributions surcharge	deleted by 43/2005 s 23(4)	15.9.2005
ss 23AAB—23AAD	inserted by 43/2005 s 29	15.9.2005
s 23AAE	inserted by 18/2014 s 3	20.11.2014
Pt 4A	inserted by 49/2003 s 6	18.12.2003
s 23B
SIS Act	deleted by 43/2005 s 30	15.9.2005
s 23C before deletion by 37/2012
s 23C(1)	amended by 43/2005 s 31	15.9.2005
s 23C	deleted by 37/2012 s 10	19.11.2012
s 23D
s 23D(1)	amended by 43/2005 s 32	15.9.2005
s 23E
s 23E(2)	amended by 43/2005 s 33(1)	15.9.2005
s 23E(3)	amended by 43/2005 s 33(2)	15.9.2005
s 23E(4)	inserted by 43/2005 s 33(3)	15.9.2005
s 23F
s 23F(2)	amended by 37/2012 s 11	19.11.2012
s 23J	substituted by 43/2005 s 34	15.9.2005
Pt 5
Pt 5 Div 1
s 24
s 24(1)	amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
amended by 59/1995 s 17	24.8.1995
amended by 43/2005 s 35	15.9.2005
s 24(2)	amended by 112/1978 s 9(a), (b)	21.12.1978
amended by 4/1981 s 7	21.12.1978
s 24(3)	inserted by 112/1978 s 9(c)	21.12.1978
amended by 18/1982 s 5(a), (b)	21.10.1982
amended by 105/1985 s 8(a), (b)	21.11.1985
s 24(4)	inserted by 112/1978 s 9(c)	21.12.1978
substituted by 105/1985 s 8(c)	21.11.1985
amended by 21/1989 s 11	11.5.1989
amended by 69/1992 s 20	10.12.1992
s 24(5)	inserted by 18/1982 s 5(c)	21.10.1982
deleted by 105/1985 s 8(c)	21.11.1985
s 25
s 25(1)	s 25 amended and redesignated as s 25(1) by 112/1978 s 10	21.12.1978
amended by 4/1981 s 8(a)	21.10.1982
amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
amended by 59/1995 s 18(a)	24.8.1995
amended by 43/2005 s 36	15.9.2005
s 25(2)	inserted by 112/1978 s 10(b)	21.12.1978
s 25(3)	inserted by 4/1981 s 8(b)	21.10.1982
substituted by 14/1986 s 3(1) (Sch 6)	1.9.1986
deleted by 59/1995 s 18(b)	24.8.1995
s 25A	inserted by 59/1995 s 19	24.8.1995
s 25A(1)	amended by 43/2005 s 37	15.9.2005
s 25B	inserted by 59/1995 s 19	24.8.1995
s 25B(1)	amended by 43/2005 s 38	15.9.2005
s 25C	inserted by 59/1995 s 19	24.8.1995
s 25C(2)	deleted by 43/2005 s 39	15.9.2005
s 26AAA	inserted by 49/2003 s 7	18.12.2003
Pt 5 Div 1A	inserted by 59/1995 s 20	24.8.1995
Pt 5 Div 2
s 26AAB	inserted by 43/2005 s 40	15.9.2005
s 26A	inserted by 4/1981 s 9	21.10.1982
substituted by 14/1986 s 3(1) (Sch 6)	1.9.1986
amended by 59/1995 s 21	24.8.1995
s 27	amended by 4/1981 s 10	21.10.1982
s 29
s 29(1)	amended by 4/1981 s 11	21.10.1982
s 30	substituted by 105/1985 s 9	21.11.1985
amended by 21/1989 s 12	11.5.1989
Pt 5A	inserted by 18/1992 s 4	7.5.1992
heading substituted by 43/2005 s 41	15.9.2005
s 31A
s 31A(1)	amended by 59/1995 s 22(a)	24.8.1995
amended by 43/2005 s 42	15.9.2005
s 31A(2)	substituted by 59/1995 s 22(b)	24.8.1995
s 31A(3)	deleted by 59/1995 s 22(b)	24.8.1995
Pt 6
s 34	amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
amended by 21/1989 s 13	11.5.1989
s 35	amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
amended by 69/1992 s 21	10.12.1992
substituted by 59/1995 s 23	24.8.1995
s 35(1)	substituted by 20/1998 s 5(a)	1.10.1997
substituted by 40/2001 s 7(a)	1.1.2002
s 35(3)	amended by 20/1998 s 5(b)	1.10.1997
substituted by 40/2001 s 7(b)	1.1.2002
s 35(4)	substituted by 20/1998 s 5(c)	1.10.1997
amended by 40/2001 s 7(c)	1.1.2002
s 35(5)	inserted by 20/1998 s 5(c)	1.10.1997
amended by 40/2001 s 7(d), (e)	1.1.2002
s 35(6)	inserted by 20/1998 s 5(c)	1.10.1997
substituted by 40/2001 s 7(f)	1.1.2002
Pt 6A	inserted by 59/1995 s 24	24.8.1995
deleted by 43/2005 s 43	15.9.2005
Pt 7
s 36 before deletion by 43/2005
s 36(1)	amended by 21/1989 s 14(a)	11.5.1989
s 36(3)	amended by 21/1989 s 14(b)	11.5.1989
s 36(4)
prescribed amount	amended by 105/1985 s 10(a), (b)	21.11.1985
s 36(4a)—(4c)	inserted by 4/1981 s 12(a)	21.10.1982
deleted by 18/1982 s 6(a)	21.10.1982
s 36(6)	inserted by 112/1978 s 11	21.12.1978
substituted by 4/1981 s 12(b)	21.10.1982
amended by 18/1982 s 6(b)	21.10.1982
amended by 21/1989 s 14(c)	11.5.1989
amended by 59/1995 s 25(a), (b)	24.8.1995
s 36(7)	inserted by 4/1981 s 12(b)	21.10.1982
s 36(7a)	inserted by 105/1985 s 10(c)	1.7.1979
amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
s 36(7b)	inserted by 105/1985 s 10(c)	1.7.1979
amended by 14/1986 s 3(1) (Sch 6)	1.9.1986
amended by 21/1989 s 14(d), (e)	11.5.1989
s 36(8)	inserted by 18/1982 s 6(c)	21.10.1982
amended by 105/1985 s 10(d)	1.7.1979
amended by 21/1989 s 14(f)—(h)	11.5.1989
s 36(9)	inserted by 18/1982 s 6(c)	21.10.1982
amended by 21/1989 s 14(i)	11.5.1989
s 36(10)	inserted by 59/1995 s 25(c)	24.8.1995
s 36	deleted by 43/2005 s 44	15.9.2005
s 36	inserted by 15/2010 s 18	1.7.2011
s 36A	inserted by 59/1995 s 26	24.8.1995
s 36B	inserted by 59/1995 s 26	24.8.1995
s 36B(1)	amended by 43/2005 s 45(1)	15.9.2005
s 36B(2)	amended by 43/2005 s 45(2)	15.9.2005
s 36B(3)	amended by 43/2005 s 45(3)	15.9.2005
s 37
s 37(1)	amended by 18/1992 s 5	7.5.1992
s 37(3)—(5)	inserted by 43/2005 s 46	15.9.2005
s 39	substituted by 21/1989 s 15	11.5.1989
substituted by 25/1997 s 6	24.4.1997
s 39(2)	substituted by 8/1999 s 8	1.7.1998
s 39A	inserted by 112/1978 s 12	21.12.1978
deleted by 14/1986 s 3(1) (Sch 6)	1.9.1986
inserted by 49/2003 s 8	18.12.2003
s 40
s 40(1)	s 40 redesignated as s 40(1) by 49/2003 s 9	18.12.2003
s 40(2)	inserted by 49/2003 s 9	18.12.2003
Sch 1	deleted by 14/1986 s 3(1) (Sch 6)	1.9.1986
inserted by 21/1989 s 16	11.5.1989
deleted by 8/1999 s 9	1.7.1998
inserted by 43/2005 s 47	3.7.2003
Sch 2	amended by 105/1985 s 11	21.11.1985
Sch 3	inserted by 59/1995 s 27	24.8.1995