Public Service Superannuation Acts Amendment Act of 1964 (Qld)

225 ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 21 of 1964 An Act to Amend "The Public Service Superannuation Acts, 1958 to 1962 ," in certain particulars [ASSENTED TO 8TH APRIL, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may he cited as "The Public Service Superannuation Acts Amendment Act of 1964." (2) Principal Act. " The Public Service Superannuation Acts, 1958 to 1962," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may he collectively cited as " The Public Service Superannuation Acts, 1958 to 1964." 2. Amendments of s. 6 . Section six of the Principal Act is amended by- (a) omitting subsection (2) and inserting in its stead the following. subsection:- " (2) (a) To and including the thirtieth day of June , o me thousand nine hundred and sixty-four, the Board shall continue to consist of five members. The five persons who are the members of the Board at the date of the passing. of " The Public Service Superannuation Acts Amendment Act of 1964," shall subject to this Act continue to constitute the Board until and including the said thirtieth day of June.. 8

226 Public Service Superannuation Acts Amendment Act of 1964, No. 21 (b) On and from the first day of July, one thousand nine hundred and sixty-four, the Board shall consist of six members appointed by the Governor in Council upon the nomination of the Minister. Notice of the appointment of any officer to be a member of the Board (including to fill any casual vacancy on the Board) shall be published in the Gazette. (c) A person other than a contributor who is an officer employed by or under the Crown in a permanent capacity shall not be eligible to be appointed or to hold office as a member of the Board. If an officer who is a contributor immediately before attaining the age of sixty-five years is continued in employment by or under the Crown in a permanent capacity after attaining that age he shall for the purposes of this paragraph only be deemed to be a contributor. (d) The Minister shall nominate for appointment to the Board three officers qualified for such appointment who are respectively representative of the Teachers' Division, the Professional Division and the Administrative, Clerical and General Division of contributors as defined in Schedule III to this Act and whose names have been submitted to the Minister for such appointment by the Queensland Teachers' Union, the Queensland Professional Officers' Association and the Queensland State Service Union respectively. If either of the unions or the association hereinbefore mentioned in this paragraph (d) has ceased to exist, then the Governor in Council may by Order in Council prescribe the manner of and provide for the naming of the representative of the division of contributors the representative whereof it was empowered by this paragraph (d) to name. (e) In respect of every appointment of the whole number of the members of the Board, the Minister shall cause the unions and the association mentioned in paragraph (d) of this subsection to be notified by such means as he deems fit of a date on or before which he requires that they respectively furnish to him the name of the officer representative of the division of contributors to be submitted by the union or association. If. in respect of any appointment of the whole number of the members of the Board, either such union or such association fails to submit to the Minister the name of an officer on or before the date notified as aforesaid, the Minister may nevertheless nominate for appointment as a member of the Board representative of the division of contributors concerned an officer who is a contributor, or who is deemed by paragraph (c) of this subsection to be a contributor for the purposes of that paragraph, and such officer may be appointed a member of the Board and shall be deemed to be such representative. (f) For the purposes of this subsection contributors are divided into the divisions set out in Schedule III to this Act."; (b) in subsection (3), omitting in paragraph (b) the words " and elections ". 3. Repeal of and new s . 7. The Principal Act is amended by repealing section seven and inserting in its stead the following section:- " [7.] Chairman of Board . (1) The Governor in Council shall appoint one of the members of the Board to be chairman of the Board. (2) The Governor in Council may appoint another member of the Board to be the deputy chairman of the Board. The deputy chairman may act for the chairman during any illness, suspension, or absence of the chairman and while so acting, shall have all the powers and authority of the chairman.

Public Service Superannuation Acts Amendment Act of 1964, No. 21 227 (3) Where a casual vacancy occurs in the office of the chairman, the Governor in Council shall appoint a member of the Board to fill that vacancy. (4) The chairman or deputy chairman may resign his office as such by writing under his hand delivered to the Minister." 4. Amendments of s. 8 . Section eight of the Principal Act is amended by- (a) in subsection (1) omitting the words " or elected " and the words " or re-election "; (b) in subsection (2) omitting the words " acting member " and inserting in their stead the words " deputy of a member ". 5. Repeal of and new s . 9. The Principal Act is amended by repealing section nine and inserting in its stead the following section:- " [9.] Filling of certain vacancies . (1) Where a casual vacancy occurs in the office of a member of the Board the Governor in Council may appoint an officer nominated by the Minister to fill that vacancy. If the vacancy is in the office of an officer representative of a division of contributors defined in Schedule III to this Act paragraph (e) of subsection (2) of section six of this Act shall, with and subject to all necessary adaptations, apply. (2) Any officer appointed to the Board pursuant to this section shall hold office for the residue of his predecessor's term of office." 6. Amendment of s. 13. Section thirteen of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) The Governor in Council may from time to time appoint a manager of the Fund. A member of the Board may in addition to that office hold the appointment of manager of the Fund." 7. Amendments of s. 14 . Section fourteen of the Principal Act is amended by- (a) in subsection (2) omitting the word " three " and inserting in its stead the word " four "; (b) in subsection (3)- (i) inserting after the first paragraph the following paragraph:- If present at any duly convened meeting of the Board whereat the chairman is not present, the deputy chairman shall preside."; (ii) omitting the words " If the chairman is " and inserting in their stead the words " If both the chairman and the deputy chairman are "; (iii) omitting the third paragraph and inserting in its stead the following paragraph:- " The person presiding at any meeting of the Board shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote."; (c) in subsection (4) omitting in the second paragraph the words or election " and the words " or elected ".

228 Public Service Superannuation Acts Amendment Act of 1964, No. 21 8. Amendment of s. 86 (1). Subsection (1) of section eighty-six of the Principal Act is amended by omitting in paragraph (iii) the words and symbol " the method of election of the elective members of the Board,". 9. New Schedule III inserted . The Principal Act is amended by adding thereto the following Schedule:- " SCHEDULE III [s. 6 (2)] TEACHERS' DIVISION Contributors who are employed as teachers in schools and colleges controlled by the Department of Education and contributors who are employed on the academic staff of the University of Queensland; PROFESSIONAL DIVISION Contributors (not being contributors included in the Teachers' Division as defined in this Schedule) who hold positions the duties of which require some professional, technical, or special skill or knowledge usually acquired only in some profession or pursuit different from that ordinarily required in the administrative, clerical or general portions of the Public Service; ADMINISTRATIVE, CLERICAL AND GENERAL DIVISION Contributors other than contributors included in the Teachers' Division or the Professional Division as respectively defined in this Schedule."