State Authorities Non-contributory Superannuation Act 1987 (NSW)
An Act to establish a non-contributory superannuation scheme for certain employees in the public sector; and for other purposes.
This Act may be cited as the State Authorities Non-contributory Superannuation Act 1987.
This Act shall commence on 1 April 1988.
In this Act—
(a) where the employee is a full-time employee at that time—the salary of the employee at that time, or
(b) where the employee is a part-time employee at that time—the salary that would be payable to the employee at that time if employed as a full-time employee.
(a) the Crown, the Government or a Minister or other member of Parliament, or
(b) an authority specified in Schedule 1,
and a reference to employment with an employer includes a reference to employment with successive employers.
(a) a Public Service senior executive within the meaning of the Government Sector Employment Act 2013, or
(b) an employee (not being a Public Service senior executive) of an employer specified in Schedule 1 and who holds an office designated by the Secretary of the Treasury as the office of an executive officer, or
(c) a police executive officer, or
(d) an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975.
(e) (Repealed)
(a) the only such cessation, or
(b) where there has been more than one such cessation of employment of the employee—the later or latest of those cessations of employment.
(a) death, or
(b) invalidity, where STC is satisfied—
(i) that the ceasing to be employed was due, directly or indirectly to the permanent physical or mental incapacity of the employee (not caused by any act or default of the employee intended to produce that incapacity), and
(ii) that the employee is permanently unable, by reason of that incapacity, to be engaged in, or to be employed in, any remunerative occupation in which, in the opinion of STC, it would otherwise be reasonable to expect the contributor to engage.
(a) compulsorily terminated by the employer on the ground that—
(i) the employer no longer requires the employee’s services and, on termination of the employee’s employment, does not propose to fill the employee’s position, or
(ii) the work that the employee was engaged to perform has been completed, or
(iii) the amount of work that the employer requires to be performed has diminished and, due to that fact, it has become necessary to reduce the number of employees employed by the employer, or
(b) terminated as a result of the acceptance by the employee of an offer by the employer of terms of retrenchment made on a ground specified in paragraph (a).
(a) Police Regulation (Superannuation) Act 1906,
(b) Superannuation Act 1916,
(c) Local Government and Other Authorities (Superannuation) Act 1927,
(d) Transport Employees Retirement Benefits Act 1967,
(e) Police Association Employees (Superannuation) Act 1969,
(f) New South Wales Retirement Benefits Act 1972,
(g) Public Authorities Superannuation Act 1985,
(h) State Public Service Superannuation Act 1985,
(i) State Authorities Non-contributory Superannuation Act 1987,
(j) State Authorities Superannuation Act 1987.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act to an authority where used in or in connection with the definition of
If the inclusion of an employer in Schedule 1 is expressed to be limited in any respect, this Act has effect in relation to the employer subject to the limitation.
Notes included in this Act do not form part of this Act.
For the purposes of this Act,
(a) the remuneration, salary or wages payable in money to the employee in the employee’s capacity as an employee, as reported to STC from time to time by the employee’s employer, including—
(i) a loading in respect of any shift allowance, as determined in accordance with the regulations, and
(ii) other allowances payable in money that are of a kind included within the value of leave paid on termination of employment, and
(iii) weekly workers compensation paid to the employee as from a date determined by STC under subsection (1B),
but not including the excluded amounts or allowances referred to in subsection (2), and
(a1) if salary sacrifice contributions under an STC Act are made in respect of the employee, the cost of the contributions, and
(b) if approved employment benefits are provided to the employee, the cost of providing the approved employment benefits, as determined by the Minister, with the concurrence of the Treasurer.
The weekly workers compensation to be treated as salary for the purposes of this Act does not include any amount by which the aggregate of—
(a) the weekly workers compensation paid to an injured employee, and
(b) the salary actually paid to the employee while partially incapacitated,
exceeds the salary that the employee would probably have been earning but for the injury (assuming the employee had continued to be employed in the same or some comparable employment).
STC may determine a date as from which weekly workers compensation paid to an employee is to be treated as salary for the purposes of this Act, being a date not earlier than—
(a) 1 April 1988 (the date of commencement of this Act), or
(b) if the liability to pay weekly workers compensation in respect of the employee first arose on a date later than 1 April 1988—that later date.
Despite subsection (1), the regulations may provide that the
A regulation may be made under subsection (1C) only if the Minister and the Treasurer certify in writing that—
(a) there has been a change in the basis on which the remuneration of the employee or class of employees is determined, and
(b) the effect of that change is to change the basis of remuneration to an annualised one, and
(c) the effect of the regulation is not to reduce the benefits that would have accrued under this Act to the employee or class of employees, had there been no change in the basis of remuneration, and
(d) the making of the regulation and associated arrangements will not result in a greater financial cost to the Government than if the regulation and associated arrangements were not made.
The excluded amounts or allowances are—
(a) an amount paid for overtime or as a bonus, or an allowance instead of overtime,
(b) except to the extent determined in accordance with the regulations, as referred to in subsection (1) (a)—an amount paid as shift allowance,
(c) except to the extent that this section otherwise provides—a relieving allowance,
(d) an expense allowance or an allowance for travelling, subsistence or other expenses,
(e) an equipment allowance,
(e1) in respect of any period during which the employee takes extended leave (or leave in the nature of extended leave) otherwise than on full pay, such part of the remuneration received by the employee as exceeds the salary (within the meaning of subsection (1)) that he or she would have received had he or she taken leave on full pay,
(f) an amount paid for rent or as a residence, housing or quarters allowance, and
(g) an amount of weekly workers compensation excluded by subsection (1A).
If an employee’s employer, or a person authorised to do so on behalf of the employer, certifies in writing to STC that a relieving allowance to be, or being, paid to the employee in the employee’s capacity as an employee is likely to be paid for a continuous period of 1 year (whether or not the period is partly before the date of the certificate), the allowance is, as from—
(a) the date on which the certificate is lodged with STC, or
(b) the date from which the allowance becomes payable,
whichever is the later, salary for the purposes of this Act.
If a relieving allowance has been paid to an employee in the employee’s capacity as an employee for a continuous period of 1 year that ends after the appointed day and, during that period, the allowance has not been treated as part of the employee’s salary in accordance with subsection (3), the allowance shall, as from the expiration of that period of 1 year, be treated as part of the employee’s salary while its payment to the employee continues.
For the purposes of subsection (4), a reference to a continuous period of 1 year in relation to a contributor who is employed in an educational institution is to be read as a reference to the academic year of the institution.
If an employee is on secondment to another employer, the salary of the employee for the purposes of this Act is the salary paid or payable to the employee by the other employer.
The Governor may, by order in writing, declare unconditionally, or subject to conditions, that subsection (7) applies—
(a) to an employee specified in the order who is on secondment but not to another employer, and
(b) generally during the period of that secondment, or during such period as is specified in the order, being, in either case, a period commencing before, on or after the date of the order.
During the period in which this subsection is declared pursuant to subsection (6) to apply to an employee on secondment, the employee’s salary shall, for the purposes of this Act, be that paid or payable in respect of the employment to which he or she is seconded.
In this section—
For the purposes of this Act, the
An amount of salary for the purposes of this Act must be nominated to an executive officer’s employer by the officer, on, or as soon as practicable after, being appointed as an executive officer. An amount may also be nominated to the employer by the officer on, or as soon as practicable after, being reappointed, or appointed to another position, as an executive officer.
The amount nominated is to be not less than the monetary remuneration payable to the executive officer at the date of nomination and not more than the total value of the remuneration package paid to the officer (less the cost of providing employer’s contributions to superannuation, other than salary sacrifice contributions, under any STC Act and any performance-related incentive payment).
If an executive officer fails to nominate an amount of salary within 28 days of first being appointed as an executive officer or within such further period as STC may allow, the officer is taken to have nominated an amount of salary that is equal to the monetary remuneration payable to the officer at the end of the applicable period.
An executive officer may, from time to time, by notice to the officer’s employer elect to reduce the amount of salary nominated under this section, but not so that the amount is less than the monetary remuneration payable to the officer at the date of the election.
An executive officer may, from time to time, by notice to the officer’s employer elect to increase the amount of salary nominated under this section, but not so as to increase the amount nominated by a percentage of that amount that is more than the percentage by which the remuneration package of the officer has increased since the amount of salary was last nominated or changed.
An employer must notify STC of a nomination or election under this section. Any such nomination or election takes effect on the date of notification to STC or on such other date as STC may determine with the consent of the executive officer concerned.
Nothing in this section requires the nominated amount of salary to be increased if, because of a variation in the remuneration package of an executive officer or in the proportions of the remuneration package comprising monetary remuneration and employment benefits of the officer, the amount of salary as last nominated or changed for the purposes of this section is less than the monetary remuneration of the officer.
An executive officer may, within 3 months after the commencement of this subsection, nominate a new amount of salary in accordance with this section if, immediately before the commencement of this subsection, the officer was an executive officer.
In this section, the
(a) if the officer is a Public Service senior executive or a police executive officer, the monetary remuneration payable in accordance with the Government Sector Employment Act 2013 or the Police Act 1990, as the case requires, or
(b) if the officer is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975, the remuneration payable to the officer as reduced under that section by the cost of employment benefits provided to the officer, or
(c) in the case of any other executive officer, the monetary remuneration payable to the officer.
(Repealed)
An employee of the Crown, the Government or a Minister or other member of Parliament shall, for the purposes of this Act, be deemed to be employed by such person or organisation as may be prescribed.
Members of the NSW Police Force are, for the purposes of this Act, to be taken to be employed in the NSW Police Force by the Crown.
(Repealed)
If an employer certifies in writing that the employer has reason to believe that an employee of the employer will not continue to be a full-time employee or part-time employee for at least 1 year from the date of the certificate, the employee shall, for the purposes of this Act, be deemed to be neither a full-time employee nor a part-time employee and to be an irregular employee.
Schedule 2 has effect.
STC may establish and maintain such funds, accounts and reserves as, in the opinion of STC, are necessary or convenient for the administration of this Act.
STC shall cause to be paid to any such fund—
(a) contributions made by employers, and
(b) income derived from investment of the fund, and any profit made from realisation of any investment of the fund, and
(b1) Commonwealth co-contributions paid to STC, and
(c) money borrowed for the purposes of the fund, and
(d) any fees paid to STC arising under the family law superannuation legislation or Part 4D.
STC shall cause to be paid from any such fund—
(a) by transfer from the fund to the STC Administration Account maintained under the Superannuation Administration Act 1996 administration costs incurred by STC, including administration costs arising under the family law superannuation legislation or Part 4D, and
(b) such amounts as are necessary to satisfy any liability of the fund with respect to tax payable under any Commonwealth taxation law, and
(c) the benefits payable under this Act, and
(c1) other amounts payable by STC and arising under the family law superannuation legislation or Part 4D, and
(d) any other amount payable from any such Fund under this or any other Act, and
(e) any amount payable as a debt due to the Commonwealth under the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 of the Commonwealth in respect of a Commonwealth co-contribution paid to STC.
If a loss is incurred in realising any investment forming part of the assets of a fund maintained under subsection (1), the fund is accordingly reduced by the amount of that loss.
STC shall, in relation to each employer specified in Part 1 of Schedule 1, establish and maintain within a fund managed by STC a separate employer reserve for the purposes of this Act.
STC shall, in relation to each of Parts 2 and 3 of Schedule 1, establish and maintain within a fund managed by STC a separate employer reserve for the purposes of this Act.
There shall be credited to such an employer reserve the contributions made by the employer or employers to whom the reserve relates and the Commonwealth co-contributions paid to STC in respect of an employee of an employer or employers to whom the reserve relates.
There shall be debited to such an employer reserve—
(a) the amount of any benefit paid to, or in relation to, an employee who, immediately before the benefit became payable, was an employee of the employer or an employer to whom the reserve relates, and
(b) administration costs incurred by STC under the Superannuation Administration Act 1996 in relation to the employer or an employer to whom the reserve relates, and
(c) the whole or part (as determined by STC) of an amount arising under the family law superannuation legislation or Part 4D that is paid to, or in respect of, a spouse or former spouse of an employee or former employee who, immediately before the payment, was an employee or former employee of the employer or an employer to whom the reserve relates.
Despite any other provision of this Act, there is to be debited to the Crown employer reserve such amount of the administration costs incurred by STC in respect of the transfer of a preserved benefit under Part 4B as is approved by the Treasurer.
There may be debited to such an employer reserve—
(a) the costs incurred by STC in relation to Commonwealth co-contributions paid in respect of an employee of an employer or employers to whom the reserve relates, and
(b) any amount payable as a debt due to the Commonwealth under the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 of the Commonwealth in respect of an employee of an employer or employers to whom the reserve relates.
If the amount standing to the credit of the employer reserve established for Part 3 of Schedule 1 is insufficient to meet the amounts payable from the reserve, the deficiency shall be recouped from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.
STC may, with the concurrence of the Treasurer and after obtaining actuarial advice, adjust the amount credited to an employer reserve by crediting or debiting an amount, if it appears to STC appropriate to do so because of a change in the constitution or nature of an employer.
Subsection (6) does not apply to a change in the constitution or nature of an employer because of a Government privatisation initiative or other Government initiative.
If the amount credited to an employer’s reserve maintained for an employer specified in Part 1 of Schedule 1 is insufficient to meet the amounts payable from the reserve in respect of the employer, STC may require the employer to pay an amount into the fund that is equal to the deficiency.
Any amount that is not paid by an employer within 14 days of written notice of the requirement to pay the amount being given by STC to the employer is a debt owed to STC and may be recovered by STC accordingly.
This section does not apply to a change in the constitution or nature of an employer because of a Government privatisation initiative.
STC must—
(a) establish and maintain, within a fund managed by STC to which Commonwealth co-contributions are paid, a separate account in respect of each employee in respect of whom Commonwealth co-contributions are paid to the fund, and
(b) credit the Commonwealth co-contributions paid in respect of the employee to that account.
STC must—
(a) establish and maintain, within a fund managed by STC to which section 16A employer contributions are paid, a separate account in respect of each employee in respect of whom such contributions are paid to the fund, and
(b) credit the section 16A employer contributions paid in respect of the employee to that account.
STC shall, from time to time, adjust each of the accounts and reserves established under this Part at a rate fixed by STC, having regard to the income of the funds of which they form part and such other matters as STC considers relevant.
The administration costs payable in respect of the superannuation scheme established under this Act are to be paid from employer reserves established in accordance with this Act.
The administration costs payable in respect of preserved benefits are to be paid from employees’ accounts established in accordance with this Act, except as provided by section 10 (4A).
There may be credited to any fund, account or reserve established by or under this Act any amount that is required or permitted by or under this or any other Act to be credited to it.
There may be debited to any fund, account or reserve established by or under this Act any amount that is required or permitted by or under this or any other Act to be debited to it.
An investigation as to the state and sufficiency of any of the funds established under this Act shall, as at 30 June 1994 and at the end of each succeeding period of 3 years, be made by an actuary or actuaries appointed by STC.
Actuaries appointed under this section shall complete their investigation, and shall report the result to STC, not later than 6 months after the date as at which the investigation is made.
The report referred to in subsection (2) must—
(a) include a statement of the value of the assets of the funds established under section 9, and
(b) include a statement of any liability for benefit payments that are not expected to be covered by—
(i) the assets of those funds, or
(ii) any future contributions to, or earnings of, those funds, or
(iii) any guarantee by the Government or by any of its agencies, or
(iv) an appropriation in respect of those funds.
STC shall, not later than 1 month after it receives a report under this section, forward the report to the Minister with such comments as it thinks fit.
The Minister may, in relation to a particular investigation, extend or further extend the period referred to in subsection (2) if the Minister considers that special circumstances exist to justify an extension or further extension.
The Minister may, in relation to a particular investigation, extend or further extend the period referred to in subsection (3) if the Minister considers that special circumstances exist to justify an extension or further extension.
Where an employee is employed by an employer specified in Part 1 of Schedule 1, the employer shall pay to STC an amount equal to a percentage of the salary of the employee, being a percentage determined by STC, in relation to the employer, with the concurrence of the Treasurer.
If an employee is employed by an employer specified in Part 2 of Schedule 1, the employer must pay to a fund managed by STC contributions at a rate determined by STC.
The rate is to be determined by STC with the concurrence of the Treasurer and after obtaining actuarial advice.
In determining the contributions payable by an employer specified in Part 2 of Schedule 1, STC is to have regard to the amount required to meet the full costs of the liabilities under this Act of all employers specified in Part 2 of Schedule 1.
STC may, with the concurrence of the Treasurer, require any such employer to pay into the fund additional contributions for a specified period if it appears to STC that there is insufficient money in the reserve for employers specified in Part 2 of Schedule 1 to meet the employers’ liabilities under this Act.
Where an employee is employed by an employer specified in Part 3 of Schedule 1, the employer shall pay to STC an amount equal to a percentage of the salary of the employee, being a percentage determined by STC, in relation to the employer, with the concurrence of the Treasurer.
A relevant employer must pay to a fund managed by STC, for each relevant employee, a contribution equivalent to 0.25% of the salary of the employee for each financial year, or part of a financial year, for which the employee is an employee.
A contribution under this section is in addition to any other contribution payable by an employer under this or any other Act.
The regulations may prescribe a percentage to replace the percentage in subsection (1). When such a replacement percentage is prescribed, it applies for the purposes of subsection (1) in place of the percentage that it replaces, from the start of the financial year (or years) specified in the regulation.
In this section—
(a) who is subject to a limitation on wage increases under section 6AA of the Statutory and Other Offices Remuneration Act 1975, or
(a1) who would be subject to a limitation on wage increases under the Industrial Relations Act 1996, section 146C if that section or the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 had not been repealed, or
(b) who is or is of a class declared by the regulations to be a relevant employee for the purposes of this definition.
However,
(a) while covered by a State industrial instrument under which payments by the employer to a superannuation fund of the employee as a consequence of the enactment of, or amendments to, the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth do not form part of the salaries or wages provided for in the industrial instrument, or
(b) who is or is of a class declared by the regulations not to be a relevant employee for the purposes of this definition.
(a) who employs a relevant employee in the employee’s capacity as a relevant employee, or
(b) who is or is of a class declared by the regulations to be included in this definition.
The regulations may make provision for or with respect to the contributions to be paid to STC in respect of irregular employees.
Any such regulations may have effect despite anything in section 14, 15, 16 or 16A.
Contributions under this Part shall be calculated on the basis of contribution periods, and the contributions payable in respect of a contribution period shall be paid to STC within 7 days after the last day of the contribution period to which they relate.
The regulations may make provision for or with respect to the determination of salary for the purposes of this Part, where part-time work, irregular employment, leave without pay, secondment or a break in employment is involved.
Despite any other provision of this Act, an employer is not required to make a contribution to the fund in respect of an employee during any period specified by STC for which STC determines that it must not accept contributions in respect of the employee.
STC may make such a determination only if it is of the opinion that it is necessary to do so in order to be consistent with a relevant Commonwealth superannuation standard.
A period in respect of which contributions may not be made to the fund in respect of an employee under this section is not included as eligible service for the purposes of calculating the basic benefit.
This section applies where—
(a) an employee ceases to be employed by an employer,
(b) the employee commences to be employed by another employer within 2 months, and
(c) STC determines that, because of the nature and circumstances of the employment involved (for example, employment in different Public Service agencies), it would not be appropriate to regard the employee as having resigned or retired.
STC shall determine the value of the sum of the basic benefit, any additional employer contributions benefit and any Commonwealth co-contribution benefit in respect of the employee at the date of cessation of employment with the former employer and shall—
(a) debit the employer reserve of the former employer with that value, and
(b) credit the employer reserve of the new employer with that value.
Despite any other provision of this Part, STC may determine that the contributions (other than section 16A employer contributions) payable by an employer specified in Part 1 of Schedule 1 in respect of an employee are to be determined, or are payable, on a basis other than that set out in this Part.
STC may make such a determination only with the concurrence of the Treasurer.
Contributions and other amounts payable to STC under this Act shall be paid into such funds, accounts or reserves as STC determines, whether established under this Act or for the purposes of any other superannuation scheme administered by STC.
On and from the commencement of the Aware Super Act 1992 (8 December 1992) there is to be no benefit provided by this Act for an employee who ceases to be an employee on or after that commencement, unless the employee is within one of the following categories—
(a) non-contributing employees who commenced employment before 1 July 1992,
(b) employees who were contributing employees immediately before 8 December 1992,
(c) employees who elect to become, are taken to have elected or who become contributing employees on or after 8 December 1992 by virtue of section 2A, 2B or 2C of the State Authorities Superannuation Act 1987,
(d) employees exercising a transfer option conferred under Part 6 or Part 7 of the Superannuation Administration Act 1996.
The expressions
Any determination of STC under section 19 (Transfer of employees) is to be taken into account in determining for the purposes of this section whether an employee was employed on a particular date.
An irregular employee who commenced employment before 1 July 1992 is taken for the purposes of this Act to have been an employee on 30 June 1992. If the employee carries out any duties after that date, the employee is taken to have commenced to be an employee for the purposes of the Aware Super Act 1992 on the first date on which those duties were carried out after 30 June 1992.
In this Part—
(a) on the employee’s exit date,
(b) on 31 December (or such other date as STC may determine) last preceding the employee’s exit date, and
(c) on 31 December (or such other date as STC may determine) last preceding the date referred to in paragraph (b).
Different dates may be determined by STC for the purposes of the definition of
The basic benefit provided by this Act for an employee is an amount equal to the amount calculated in accordance with the formula—
where—
(a) in the case of the employee’s death or retrenchment, or the employee ceasing to be employed because of physical or mental incapacity, before reaching the age of 55 years—the employee’s final salary, or
(b) in any other case—the employee’s final average salary, and
The regulations may make provision for or with respect to the determination of the basic benefit for irregular employees.
The regulations may make provision for or with respect to the determination of eligible service for the purposes of this Act, including the manner of determining the length of eligible service where part-time work, irregular employment, leave without pay, secondment or a break in employment is involved.
If STC makes a determination under section 26A in relation to a basic benefit to be provided by this section, the amount of that benefit is reduced by the amount specified in STC’s determination.
For the purpose of determining the amount of a basic benefit provided by section 24 that becomes payable in respect of a person within 12 months after the person—
(a) has been appointed as a chief executive officer, senior executive officer or police executive officer, or
(b) has been nominated as an office holder for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975,
the person’s salary is taken to be his or her salary as an employee immediately before the appointment or nomination took effect.
The Commonwealth co-contribution benefit provided by this Act for a person is an amount equal to the balance at credit in the person’s Commonwealth co-contribution account at the time the benefit is paid or preserved, as the case may be, except as provided by or under this Act.
The additional employer contributions benefit provided by this Act for a person is an amount equal to the balance at credit in the person’s additional employer contributions account at the time the benefit is paid or preserved, as the case may be, except as provided by or under this Act.
The basic benefit (and any preserved basic benefit), any additional employer contributions benefit (and any preserved additional employer contributions benefit) and any Commonwealth co-contribution benefit (and any preserved Commonwealth co-contribution benefit) in respect of a person is payable by STC to or in respect of a person—
(a) if the person dies, or
(b) if the person ceases to be employed in the circumstances in which a benefit is payable for the purpose of complying with the requirements of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth for a regulated superannuation fund, or
(c) in any other circumstances in which a benefit is payable to comply with any such requirements or may be paid in respect of a member of such a fund under any such requirements,
and is so payable in accordance with subsection (3).
The whole or part of a benefit may be paid under subsection (1), if such a payment is permitted under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth in the same circumstances in respect of a regulated superannuation fund.
The whole or part of a benefit must be paid by STC under this section if it is required to be paid under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth in the same circumstances in respect of a regulated superannuation fund.
The basic benefit, any additional employer contributions benefit and any Commonwealth co-contribution benefit in respect of a former employee is payable—
(a) unless the former employee has died—to the former employee, or
(b) if the former employee has died and is survived by a spouse or de facto partner—to the surviving spouse or de facto partner, or
(c) if the former employee has died and is not survived by a spouse or de facto partner—to the personal representatives of the former employee or, if appropriate, in accordance with section 31 (Payment without grant of probate etc).
(d) (Repealed)
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
For the purposes of the payment under subsection (1) (c) of a benefit on compassionate grounds, STC may exercise any function that the Regulator (within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth) may exercise for the purpose of determining whether a benefit is payable.
An amount of benefit released under subsection (1) (c) on the grounds of severe financial hardship or on compassionate grounds is not to exceed the amount of any accrued or preserved benefit under this Act that would be payable to the person if the person were eligible to be paid such a benefit.
An amount of benefit released under subsection (1) (c) on the grounds of severe financial hardship or on compassionate grounds may not be paid unless any applicable requirements of any regulations made under section 23B have been complied with.
A person who attains 65 years of age may elect to be paid the basic benefit, any additional employer contributions benefit and any Commonwealth co-contribution benefit to which the person would be entitled on retirement at that age or may elect to preserve the whole of those benefits.
(Repealed)
If an amount is preserved under this section, it is payable in the same way as a benefit under section 24.
A person to whom this section applies is not entitled to any other benefit under this Act in respect of the same period of service, or to be paid or preserve a benefit under this section more than once.
Regulations may be made for or with respect to the payment and calculation of benefits where part of a benefit has been released to a person under section 23 (1) (c) on the grounds of severe financial hardship or on compassionate grounds.
Without limiting subsection (1), regulations may be made for or with respect to the following matters—
(a) the adjustment by STC of a benefit that is paid to a person to whom such an amount has been previously released, including interest payable in respect of the amount released,
(b) the obtaining of consent to any such adjustment,
(c) the obtaining of actuarial advice by STC for the purpose of any such adjustment,
(d) enabling the payment to STC of amounts to set-off the amounts released against benefits that would otherwise accrue,
(e) any matter ancillary to or consequential on the matters set out in paragraphs (a)–(d).
The basic benefit, any additional employer contributions benefit and any Commonwealth co-contribution benefit in respect of a person must be preserved by STC if the basic benefit is not otherwise payable under this Act.
Any section 16A employer contribution or Commonwealth co-contribution received by STC in respect of a former employee while a basic benefit is preserved by STC in respect of the former employee must be preserved by STC and is taken to be a preserved additional employer contributions benefit or a preserved Commonwealth co-contribution benefit (as the case may be).
Any existing preserved additional employer contributions benefit in respect of a former employee is to be increased by the amount of a section 16A employer contribution preserved under subsection (1A) in respect of the former employee.
Any existing preserved Commonwealth co-contribution benefit in respect of a former employee is to be increased by the amount of a Commonwealth co-contribution preserved under subsection (1A) in respect of the former employee.
The basic benefit, any additional employer contributions benefit and any Commonwealth co-contribution benefit must also be preserved by STC when—
(a) an executive officer who is an optional member of the Aware Super Fund ceases to be a contributor to any other superannuation scheme established by or under an Act, or
(b) an executive officer who is not a member of any other superannuation scheme established by or under an Act becomes a member of the Aware Super Fund, or
(c) an employee becomes eligible under another superannuation scheme for a benefit that is of the same kind as a benefit provided by this Act and STC has not been requested to pay the benefit to another superannuation scheme.
(Repealed)
When the preserved basic benefit, any preserved additional employer contributions benefit and any preserved Commonwealth co-contribution benefit is to be paid out by STC, it is payable—
(a) if the former employee has not died—to the former employee, or
(b) if the former employee has died and is survived by a spouse or de facto partner—to the former employee’s spouse or de facto partner, or
(c) if the former employee has died and is not survived by a spouse or de facto partner—to the personal representatives of the former employee or, if appropriate, in accordance with section 31 (Payment without grant of probate etc).
(d) (Repealed)
(Repealed)
Schedule 3 has effect with respect to the preservation of the benefit of an employee of or above the age of 55 years in the circumstances specified in that Schedule.
This section applies to a benefit which is payable to the spouse or de facto partner of a deceased employee or deceased former employee.
If a benefit would be payable to more than one person because a deceased employee or deceased former employee has left more than one spouse or de facto partner, then, despite any other provision of this Act—
(a) the benefit is payable in accordance with a determination made by STC, and not otherwise, and
(b) the total amount of benefit payable to those persons at any time is not to exceed the amount of benefit that would be payable if there were only one spouse or de facto partner.
For the purposes of subsection (2) (a), STC may determine in relation to a benefit—
(a) that the benefit is not payable to such of the persons concerned as it specifies, or
(b) that the amount of the benefit is to be apportioned between the persons concerned in such manner as it specifies.
STC may withhold the payment of any part of a benefit—
(a) until 30 days after the death of the employee or former employee in respect of which it is payable, or
(b) if an application has been made for the benefit by more than one person, until it is satisfied that only one of those persons is entitled to the benefit or until a determination is made in relation to the matter by STC under this section.
If, after 30 days from the death of an employee or former employee, the whole or part of a benefit is paid to a spouse or de facto partner of the deceased employee or deceased former employee—
(a) a benefit is not payable to any other spouse or de facto partner of the deceased employee or deceased former employee if the whole of the benefit is paid, or
(b) so much of a benefit as is equal to the amount of the benefit so paid is not payable to any other spouse or de facto partner of the deceased employee or deceased former employee if part of the benefit is paid.
For the purposes of subsection (5), an amount paid in good faith by STC to a person purporting to be the spouse or de facto partner of a deceased employee or deceased former employee is taken to have been paid to the spouse or de facto partner of the employee or former employee.
If, after 30 days from the death of an employee or former employee, any amount is paid under this Act to the employee’s personal representatives or to such other persons as STC may determine, any benefit which is payable to the spouse or de facto partner of the employee or former employee is to be reduced by the amount so paid.
Any amounts preserved by STC under this Act shall be preserved in such funds, accounts or reserves as STC determines, whether established under this Act or the Superannuation Administration Act 1996 or for the purposes of any other superannuation scheme administered by STC.
Any such preserved amounts payable by STC under this Act shall be paid from the appropriate fund, account or reserve referred to in this section.
Whenever a benefit becomes payable to or in respect of an employee under this Act, STC must, if requested to do so—
(a) by the employee, or
(b) where the employee has died, by the spouse or de facto partner or personal representatives of the employee, as the case requires,
apply the benefit, or such part of it as is specified by the employee, spouse or de facto partner or personal representatives, in purchasing for the employee or, as the case may be, for the spouse or de facto partner or the beneficiaries of the employee’s estate, a right to an annuity or other form of pension from a person nominated by the employee, spouse or de facto partner or personal representatives.
STC may, when paying a benefit under this Act, pay interest at such rates, for such periods and in such circumstances as in its absolute discretion it thinks appropriate.
Whenever—
(a) a right to a benefit accrues to or in respect of an employee or former employee, and
(b) STC has paid or is liable to pay income tax under a Commonwealth taxation law in respect of employers’ contributions to a fund maintained under section 9 (1), and
(c) a portion of that tax is referable to that benefit,
STC must, subject to subsection (2)—
(d) calculate the amount necessary to offset STC’s liability to pay tax so far as it is referable to that benefit, and
(e) accordingly make a determination reducing the benefit by the amount so calculated.
Subsection (1) does not authorise the reduction of a benefit, unless—
(a) the benefit is of a kind prescribed by the regulations for the purpose of this section, and
(b) the method of calculating the reduction is so prescribed, and
(c) the reduction is calculated according to that method.
A benefit may also be reduced by STC in accordance with any of the following provisions (which allow STC to apply the benefit toward payment of a superannuation contributions surcharge)—
(a) section 14AA of the Police Regulation (Superannuation) Act 1906,
(b) section 45A of the State Authorities Superannuation Act 1987,
(c) section 61RA of the Superannuation Act 1916.
STC may, for the purposes of obtaining a deduction from assessable income under section 295-485 of the Income Tax Assessment Act 1997 of the Commonwealth, increase a benefit payable or paid under this Act on the death of an employee or former employee that has been previously reduced under section 26A.
The amount of the increase is to be the amount determined by STC, after obtaining actuarial advice, as the amount of increase required to obtain the deduction referred to in subsection (1).
(Repealed)
This section applies to a benefit if—
(a) a right to the benefit accrues under this Act to or in respect of an employee or former employee, and
(b) STC has paid or is liable to pay no-TFN tax in respect of employer contributions to the Fund, and
(c) a portion of that tax is referable to that benefit, and
(d) the benefit is of a kind prescribed by the regulations for the purposes of this section.
The amount of the benefit is reduced by the amount necessary to offset STC’s liability to pay no-TFN tax so far as it is referable to that benefit.
The amount of the reduced benefit is to be determined by STC after obtaining actuarial advice.
The regulations may provide for the establishment of debt accounts in respect of employees or former employees for the purposes of this section.
In this section—
(a) income tax payable by STC under the Income Tax Assessment Act 1997 of the Commonwealth on employer contributions to the Fund for an employee if there is a failure by the employee to provide information about his or her tax file number to STC, and
(b) income tax that would be so payable if the information about the tax file number was provided.
An employee or former employee may also elect to have a benefit under this Act reduced, instead of having a benefit in the Police Superannuation Scheme, the State Authorities Superannuation Scheme or the State Superannuation Scheme reduced.
This section applies to a person in respect of whom a conversion election has taken effect under Part 3B of the Police Regulation (Superannuation) Act 1906, section 3 (14) of the Police Association Employees (Superannuation) Act 1969 or Part 3B of the Superannuation Act 1916 and who was, before the election took effect, an employee.
A person to whom this section applies, and anyone else who would otherwise be a beneficiary under this Act through the contributor, is not eligible to be paid, or to defer or preserve, any benefit under this Act, despite any other provision of this Act.
As soon as practicable after being notified that a conversion election has taken effect in respect of a person who was a contributor under the Police Regulation (Superannuation) Act 1906, or a prescribed person within the meaning of section 3 of the Police Association Employees (Superannuation) Act 1969, STC must pay to the Fund under the Police Regulation (Superannuation) Act 1906—
(a) the amount of the benefit payable in respect of the person under section 5H (3) of the Police Regulation (Superannuation) Act 1906, or payable under that provision as applied by the Police Association Employees (Superannuation) Act 1969, and
(b) if section 5H (4) of the Police Regulation (Superannuation) Act 1906 applies to the conversion benefit, an amount equal to the difference between the amount of the conversion benefit payable and the amount that would have been payable if that provision did not apply to the benefit.
As soon as practicable after being notified that a conversion election has taken effect in respect of a person who was a contributor under the Superannuation Act 1916, STC must pay to the reserve of the person’s employer in the Fund under the Superannuation Act 1916—
(a) the amount of the benefit payable in respect of the person under section 20K (3) of the Superannuation Act 1916, and
(b) if section 20K (5) of the Superannuation Act 1916 applies to the conversion benefit, an amount equal to the difference between the amount of the conversion benefit payable and the amount that would have been payable if that provision did not apply to the benefit.
Any amount payable under this section is to be paid in accordance with section 9 as if it were a benefit under this Act.
This section applies to a person in respect of whom a revocation election has taken effect under Part 6 of Schedule 6 to the Police Regulation (Superannuation) Act 1906 or Part 9 of Schedule 25 to the Superannuation Act 1916.
A person to whom this section applies is taken to have been an employee during the period a conversion election referred to in section 26B had effect in respect of the person.
Section 26B (2) does not apply to a person to whom this section applies, or any other person who, but for that section, would be eligible as a beneficiary of a person to whom this section applies to be paid, or to defer or preserve, a benefit under this Act.
In this Part—
(a) is a contributor to an associated superannuation scheme (within the meaning of the Superannuation Administration Act 1991 as in force immediately before the commencement of the Aware Super Act 1992), or
(b) elects or is taken to have elected under section 2A, 2B or 2C of the State Authorities Superannuation Act 1987 to contribute to the Fund under that Act.
This Part does not apply to contributing employees.
On and from the commencement of the Aware Super Act 1992, the basic benefit provided by this Act for a non-contributing employee is to be replaced with a deferred accrued benefit. This does not affect benefits that were payable or required to be preserved before that commencement.
The deferred accrued benefit is an amount calculated in accordance with Schedule 4.
Sections 23–26A apply to the deferred accrued benefit in the same way as they apply to a basic benefit.
A non-contributing employee is taken to have ceased to be an employee for the purposes of the application of section 23 (When benefits are payable) and section 24 (Benefit to be preserved) to the deferred accrued benefit provided by this Part when the employee leaves the employment of the employer who employed him or her on 30 June 1992.
Subsection (1) applies even when the employee becomes the employee of another employer after leaving but does not apply in the case of a change of employment occasioned merely by the operation of an administrative change.
This section applies even if the employee left the employment of the employer before the commencement of the Aware Super Act 1992.
This section applies to a person who ceases to be an employee before the commencement of the Aware Super Act 1992 and who was a non-contributing employee at the time he or she ceased to be an employee.
STC must, after obtaining actuarial advice, determine what the minimum basic benefit provided for the person would have to be to ensure that there is no superannuation guarantee shortfall.
The basic benefit provided by this Act for the person is, despite any other provision of this Act, not to be less than the minimum basic benefit determined under subsection (2). The basic benefit provided for the person is to be increased to the extent necessary for the purpose of complying with this section.
Subsection (3) applies to a benefit even if it has already been paid or preserved.
In this section—
STC is to transfer any contribution (other than a section 16A employer contribution) made by an employer under this Act that STC determines is in respect of the salary of an employee for a period for which there is or will be no liability for a benefit under this Act.
STC is to consult with any employer who would be affected by a determination under this section before making the determination.
There is to be added to and transferred with any such contribution interest on the contribution (at a rate determined by STC) for the period from the date the contribution was made until its transfer under this section.
STC’s determination of interest is to be based on the rate of return achieved in respect of the investment of the contribution while invested by STC during the period for which that interest is payable.
There is to be deducted from any funds to be transferred the costs of STC in managing those funds and in transferring them under this section.
Transfers under this section are to be made from the appropriate employer reserves and are to be paid into the appropriate accounts under the Aware Super Act 1992, as determined by STC.
On and from 29 June 1997, each non-contributing employee is taken to have ceased to be an employee for the purposes of the application of section 23 (When benefits are payable) and section 24 (Benefit to be preserved) to the deferred accrued benefit provided by this Part.
STC must, on and from 30 June 1997, transfer the amount of the benefit preserved in respect of the person under subsection (1) to the person’s account in the Aware Super Fund, if the person has such an account.
For the purposes of calculating the amount of the deferred accrued benefit to be preserved in respect of a non-contributing employee (other than an irregular employee) under this section, the employee’s final average salary is taken to be the employee’s salary as at 31 December 1996.
This Part applies to an employee who transfers employment if—
(a) the employee elects or is required to transfer employment otherwise than with an employer under this Act, and
(b) the Minister certifies that the transfer of employment is as a consequence of a Government privatisation initiative or other Government initiative.
This Part applies to an employee who transfers superannuation coverage if—
(a) the employee, while remaining with his or her existing employer, elects or is required to cease membership of the superannuation scheme established by this Act, and
(b) the Minister certifies that the transfer of superannuation coverage is as a consequence of a Government privatisation initiative or other Government initiative.
This Part applies to an employee if the employer of the person ceases to be an employer under this Act and the Minister certifies that it is as a consequence of a Government privatisation initiative.
The basic benefit, any additional employer contributions benefit and any Commonwealth co-contribution benefit in respect of an employee must be preserved by STC under section 24 if this Part applies to the employee.
STC must, on or before, or as soon as practicable after, this Part applies to employees of an employer or former employer, determine the net liability of the employees’ employer or former employer in respect of employees who are affected by the Government initiative concerned.
STC is to seek actuarial advice as to the net liability of the employer and is to consult with the Treasurer before determining the liability.
The amount of the net liability of the employer, as certified by STC, is a debt due for payment to STC by the employer or the employer’s successor, on and from the date the initiative takes effect, as so certified.
STC may whenever it thinks fit, with the concurrence of the Treasurer, adjust the amount that is currently standing to the credit or debit of an employer’s reserve in the Fund to reflect STC’s determination of the net liability of the employer.
For the purposes of this section, the
On and from a transfer of employees or superannuation coverage that the Minister certifies under this Part is a consequence of a Government privatisation initiative or other Government initiative affecting an employer, the employer’s liability with respect to the employees for present and future benefits, contributions and administrative costs and any other liability under this Act vests in the Crown.
On and from the removal of an employer from Schedule 1 by virtue of an order under this Act as a consequence of a Government privatisation initiative, the employer’s liability for present and future benefits, contributions and administrative costs and any other liability under this Act vests in the Crown.
Any surplus after meeting any liability vested in the Crown by this section is vested in the Crown.
Regulations may be made for or with respect to liability for payment of employer contributions, benefits or other employer liabilities under this Act payable during, or in respect of, any period in which an employee may elect to transfer employment or superannuation coverage (as referred to in section 27AA) and before any such election is made.
A regulation under this section has effect despite any other provision of this Act or the regulations.
In this section—
(a) a benefit preserved under section 26I, or
(b) any other benefit preserved under this Act before, on or after 9 December 2001 by or on behalf of a person who is not a contributor to, or who does not have a benefit preserved or deferred under, any other STC fund or scheme.
STC must, on or after 9 December 2001, transfer the amount of any eligible preserved benefit preserved in respect of a person to the trustee of the Aware Super Fund or the trustee or provider of another complying superannuation fund, complying approved deposit fund or retirement savings account nominated in writing by or on behalf of the person if STC is satisfied that the person is or will be accepted as a member of the fund or account.
STC must, on the transfer of an eligible deferred benefit to another superannuation fund, approved deposit fund or retirement savings account under Part 5B of the State Authorities Superannuation Act 1987, transfer the amount of any associated preserved benefit to the trustee or provider of the fund or account.
On the transfer of an eligible preserved benefit or an associated preserved benefit, the person in respect of whom the benefit was preserved ceases to be entitled to payment of the benefit under this Act.
If a person fails to nominate a complying superannuation fund, complying approved deposit fund or retirement savings account within the approved period, STC must transfer the eligible preserved benefit to the trustee of the Aware Super Fund.
Nothing in this Part affects any rights, liabilities or obligations of STC relating to eligible deferred benefits in existence immediately before the transfer of the benefits under this Part.
In this Part—
(a) the firefighter dies, or
(b) the firefighter suffers total and permanent incapacity or partial and permanent incapacity.
(a) a member of the permanent fire brigade, or
(b) a member of a retained fire brigade,
under the Fire and Rescue NSW Act 1989.
This Part has effect despite any other provision of this Act or the regulations.
The regulations may make provision for or with respect to the following—
(a) the payment of amounts from a fund in respect of death or incapacity benefits payable to or in respect of an employee or former employee who is or was a firefighter,
(b) the benefits payable to or in respect of an employee or former employee who is or was a firefighter and who is covered for a death or incapacity benefit, including the reduction or application of any benefit otherwise payable to or in respect of the employee or former employee under this Act,
(c) the payment of benefits payable to or in respect of an employee or former employee who is or was a firefighter and who is covered for a death or incapacity benefit,
(d) any other matter that is necessary or convenient for the purposes of complying with or giving effect to a firefighters award or this Part.
A regulation made under subsection (1) may apply—
(a) to a benefit that was payable (but unpaid) before the commencement of this section, and
(b) to a benefit that was preserved before that commencement.
Without limiting section 27AF, regulations may be made under this Part that are inconsistent with Part 3, 4 or 5, or any regulations made under those Parts, but only to the extent that the inconsistency with any of those provisions is necessary for the purpose of compliance with or giving effect to a firefighters award.
In this Part—
(a) a regulated superannuation fund under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, or
(b) the Aware Super Fund.
Nothing in this Act—
(a) requires STC to pay a benefit or to make any other payment under this Act, to the extent that any such payment would contravene provisions of the family law superannuation legislation or any order or agreement made under that legislation, or
(b) prevents STC from paying or reducing a benefit or making any other payment, to the extent that the payment or reduction is required to be made, or results from a requirement, under the family law superannuation legislation or any order or agreement made under that legislation.
The object of this section is to facilitate arrangements for payment splits under the family law superannuation legislation and to provide for family law superannuation payments to or in respect of non-employee spouses for the purposes of satisfying the requirements of Division 2.2 of Part 2 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth.
The effect of satisfying those requirements is that payments to the employee spouse of a benefit under this Act will no longer be liable to be split for the purposes of the family law superannuation legislation.
A non-employee spouse has a family law superannuation entitlement to which this section applies if—
(a) the non-employee spouse has an entitlement, that is operative, to be paid an amount under a superannuation agreement, flag lifting agreement or splitting order in respect of the superannuation interest of an employee spouse (a
family law superannuation entitlement ), and
Date of commencement, 31.10.1997, sec 2 and GG No 117 of 31.10.1997, p 8802. | ||
No 124 | Dried Fruits (Repeal) Act 1997. Assented to 15.12.1997. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 149 | Superannuation Legislation Further Amendment Act 1997. Assented to 17.12.1997. Date of commencement of Sch 1.5, assent, sec 2 (1). | |
No 154 | Health Services Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 97 of 26.6.1998, p 4423. | |
No 8 | Transport Administration Amendment (Railway Services Authority Corporatisation) Act 1998. Assented to 12.5.1998. Date of commencement, 1.7.1998, sec 2 and GG No 101 of 1.7.1998, p 5203. | |
No 68 | Energy Services Corporations Amendment (TransGrid Corporatisation) Act 1998. Assented to 2.7.1998. Date of commencement of Sch 2.16, 14.12.1998, sec 2 and GG No 171 of 11.12.1998, p 9459. | |
No 110 | Olympic Roads and Transport Authority Act 1998. Assented to 9.11.1998. Date of commencement, 31.12.1998, sec 2 and GG No 176 of 18.12.1998, p 9724. | |
No 143 | Rural Lands Protection Act 1998. Assented to 8.12.1998. Date of commencement of Sch 6, 28.9.2001, sec 2 and GG No 146 of 28.9.2001, p 8183. | |
No 144 | Superannuation Legislation Further Amendment Act 1998. Assented to 8.12.1998. Date of commencement of Schs 1 and 2.3 [1], 1.2.1999, sec 2 (1) and GG No 12 of 29.1.1999, p 282; date of commencement of Sch 2.3 [2] and [3], 1.7.1999, sec 2 (3). | |
No 145 | Water Legislation Amendment (Drinking Water and Corporate Structure) Act 1998. Assented to 8.12.1998. Date of commencement, 1.1.1999, sec 2 and GG No 176 of 18.12.1998, p 9726. | |
No 170 | Sydney Harbour Foreshore Authority Act 1998. Assented to 14.12.1998. Date of commencement of Sch 3, 1.2.1999, sec 2 (1) and GG No 12 of 29.1.1999, p 285. | |
No 5 | Superannuation Administration Authority Corporatisation Act 1999. Assented to 7.6.1999. Date of commencement, 26.7.1999, sec 2 and GG No 84 of 23.7.1999, p 5146. | |
No 6 | Superannuation Legislation Amendment Act 1999. Assented to 7.6.1999. Date of commencement, assent, sec 2. | |
No 86 | Superannuation Legislation Further Amendment Act 1999. Assented to 3.12.1999. Date of commencement of Sch 1.6, 1.3.2000, sec 2 (2); date of commencement of Sch 2.4, assent, sec 2 (1). | |
No 89 | Transport Administration Amendment (Rail Management) Act 2000. Assented to 6.12.2000. Date of commencement of Sch 2, 1.1.2001, sec 2 (1) and GG No 168 of 22.12.2000, p 13466. | |
No 100 | Superannuation Legislation Amendment Act 2000. Assented to 13.12.2000. Date of commencement of Sch 4, except Sch 4 [3] and [4], assent, sec 2 (1); date of commencement of Sch 4 [3] and [4], 10.8.2001, sec 2 (2) and GG No 122 of 10.8.2001, p 5861. | |
No 102 | Australian Inland Energy Water Infrastructure Act 2000. Assented to 13.12.2000. Date of commencement, 15.12.2000, sec 2 and GG No 162 of 15.12.2000, p 13169. | |
No 114 | Superannuation Legislation Amendment (Same Sex Partners) Act 2000. Assented to 20.12.2000. Date of commencement, 19.1.2001, sec 2 and GG No 20 of 19.1.2001, p 132. | |
No 35 | Freight Rail Corporation (Sale) Act 2001. Assented to 29.6.2001. Date of commencement of Sch 3, 22.2.2002, sec 2 (2) and GG No 50 of 22.2.2002, p 1186. Proclamation appearing in GG No 108 of 6.7.2001, p 5223 should not have been published, see erratum in GG No 111 of 13.7.2001, p 5370. | |
No 52 | Housing Act 2001. Assented to 17.7.2001. Date of commencement, 1.7.2001, sec 2. | |
No 58 | Waste Avoidance and Resource Recovery Act 2001. Assented to 17.7.2001. Date of commencement of Sch 3.10, 8.10.2001, sec 2 and GG No 143 of 21.9.2001, p 7867. | |
No 98 | Superannuation Legislation Amendment (Miscellaneous) Act 2001. Assented to 11.12.2001. Date of commencement, assent, sec 2. | |
No 107 | Coal Industry Act 2001. Assented to 14.12.2001. Date of commencement, 1.1.2002, sec 2 and GG No 199 of 28.12.2001, p 10826. | |
No 129 | Landcom Corporation Act 2001. Assented to 19.12.2001. Date of commencement, 1.1.2002, sec 2 and GG No 196 of 21.12.2001, p 10443. | |
No 38 | Greyhound Racing Act 2002. Assented to 25.6.2002. Date of commencement of Sch 5, 10.2.2003, sec 2 and GG No 39 of 7.2.2003, p 762. | |
No 39 | Harness Racing Act 2002. Assented to 25.6.2002. Date of commencement of Sch 5, 3.2.2003, sec 2 and GG No 33 of 31.1.2003, p 593. | |
No 110 | Superannuation Legislation Amendment Act 2002. Assented to 29.11.2002. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 111 | Superannuation Legislation Further Amendment Act 2002. Assented to 29.11.2002. Date of commencement, assent, sec 2. | |
No 17 | Pacific Power (Dissolution) Act 2003. Assented to 30.6.2003. Date of commencement, 1.7.2003, sec 2. | |
No 77 | Superannuation Legislation Amendment (Family Law) Act 2003. Assented to 25.11.2003. Date of commencement of Sch 10, 19.12.2008, sec 2 (2) and GG No 158 of 19.12.2008, p 12310. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 1.35, assent, sec 2 (2). | |
No 96 | Transport Administration Amendment (Rail Agencies) Act 2003. Assented to 10.12.2003. Date of commencement of Sch 3, 1.1.2004, sec 2 and GG No 197 of 19.12.2003, p 11271. | |
No 99 | Transport Administration Amendment (Sydney Ferries) Act 2003. Assented to 10.12.2003. Date of commencement, 1.7.2004, sec 2 and GG No 104 of 25.6.2004, p 4387. | |
No 36 | Greyhound and Harness Racing Administration Act 2004. Assented to 15.6.2004. Date of commencement of Sch 3.12, 1.10.2004, sec 2 (1) and GG No 143 of 10.9.2004, p 7445. | |
No 40 | State Water Corporation Act 2004. Assented to 30.6.2004. Date of commencement of Sch 3.15, 1.7.2004, sec 2 and GG No 110 of 1.7.2004, p 4983. | |
No 64 | Sustainable Energy Development Repeal Act 2004. Assented to 6.7.2004. Date of commencement, 1.7.2004, sec 2. | |
No 91 | Statute Law (Miscellaneous Provisions) Act (No 2) 2004. Assented to 10.12.2004. Date of commencement of Sch 2.73, 1.1.2005, Sch 2.73. | |
(98) | State Authorities Non-contributory Superannuation Amendment (National Office Products Ltd) Order 2005. GG No 34 of 18.3.2005, p 806. Date of commencement, 1.2.2005, cl 2. | |
(169) | State Authorities Non-contributory Superannuation Amendment (Toll Pty Limited) Order 2005. GG No 50 of 29.4.2005, p 1541. Date of commencement, 1.3.2005, cl 2. | |
No 31 | Courts Legislation Amendment Act 2005. Assented to 15.6.2005. Date of commencement of Sch 14, assent, sec 2 (1). | |
(284) | State Authorities Non-contributory Superannuation Amendment (Salmat Document Management Solutions) Order 2005. GG No 77 of 24.6.2005, p 3076. Date of commencement, 16.4.2005, cl 2. | |
No 52 | Superannuation Legislation Amendment Act 2005. Assented to 27.6.2005. Date of commencement, 8.7.2005, sec 2 and GG No 86 of 8.7.2005, p 3574. | |
(325) | State Authorities Non-contributory Superannuation Amendment (Calvary Retirement Community Cessnock Limited) Order 2005. GG No 81 of 1.7.2005, p 3403. Date of commencement, 2.4.2003, cl 2. | |
No 83 | National Parks and Wildlife Amendment (Jenolan Caves Reserves) Act 2005. Assented to 17.11.2005. Sch 2 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2016 No 27. | |
No 85 | Public Sector Employment and Management Amendment (Extended Leave) Act 2005. Assented to 17.11.2005. Date of commencement, 1.1.2006, sec 2 and GG No 164 of 23.12.2005, p 11224. | |
No 91 | First State Superannuation Legislation Amendment (Conversion) Act 2005. Assented to 24.11.2005. Date of commencement of Sch 3.11, Sch 3.11 [7] excepted, 1.5.2006, sec 2 (1) and GG No 58 of 28.4.2006, p 2366; date of commencement of Sch 3.11 [7], 19.12.2008, sec 2 (4) and GG No 158 of 19.12.2008, p 12310. | |
(805) | State Authorities Non-contributory Superannuation Amendment (Police Federation of Australia) Order 2005. GG No 154 of 9.12.2005, p 10087. Date of commencement, on gazettal. | |
No 53 | Superannuation Legislation Amendment Act 2006. Assented to 20.6.2006. Date of commencement of Sch 1.3, 30.6.2006, sec 2 and GG No 84 of 30.6.2006, p 4791. | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 2.52, assent, sec 2 (2). | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 22 | State Revenue and Other Legislation Amendment (Budget) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 5, assent, sec 2 (2). | |
No 28 | Superannuation Legislation Amendment Act 2007. Assented to 4.7.2007. Date of commencement, assent, sec 2. | |
(74) | State Authorities Non-contributory Superannuation Amendment (Events New South Wales Pty Limited) Order 2008. GG No 36 of 20.3.2008, p 2417. Date of commencement, 1.1.2008, cl 2. | |
(98) | State Authorities Non-contributory Superannuation (Pacific National) Order 2008. GG No 42 of 11.4.2008, p 2660. Date of commencement, except Sch 1 [2], 24.8.2007, cl 2 (1); date of commencement of Sch 1 [2], 1.2.2008, cl 2 (2). | |
(171) | State Authorities Non-contributory Superannuation Amendment (Australian Rail Track Corporation) Order 2008. GG No 66 of 6.6.2008, p 4673. Date of commencement, 31.12.2007, cl 2. | |
No 28 | Superannuation Administration Amendment Act 2008. Assented to 11.6.2008. Date of commencement, assent, sec 2. | |
No 62 | Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008. Sch 1.31 was not commenced and the Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2009 No 56. | |
No 75 | Succession Amendment (Family Provision) Act 2008. Assented to 28.10.2008. Date of commencement of Sch 2.11, 1.3.2009, sec 2 (1) and GG No 38 of 20.2.2009, p 1036. | |
No 112 | Rural Lands Protection Amendment Act 2008. Assented to 10.12.2008. Date of commencement of Sch 6.29, 1.1.2009, sec 2 (1). | |
No 114 | Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008. Date of commencement of Sch 1.21, 19.12.2008, Sch 1.21 and GG No 158 of 19.12.2008, p 12310. | |
(12) | State Authorities Non-contributory Superannuation (Murray-Darling Basin Authority) Order 2009. GG No 13 of 16.1.2009, p 292. Date of commencement, 15.12.2008, cl 2. | |
(132) | State Authorities Non-contributory Superannuation Amendment (Sydney Metro) Order 2009. GG No 63 of 17.4.2009, p 1673. Date of commencement, 27.1.2009, cl 2. | |
No 21 | Racing Legislation Amendment Act 2009. Assented to 15.5.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (293) LW 26.6.2009. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 4, 17.7.2009, sec 2 (1). | |
(319) | State Authorities Non-contributory Superannuation Amendment (Greyhound Racing NSW and Harness Racing NSW) Order 2009. LW 3.7.2009. Date of commencement, 1.7.2009, cl 2. | |
(131) | State Authorities Non-contributory Superannuation Amendment (Tatts Employment Co (NSW) Pty Ltd) Order 2010. LW 23.4.2010. Date of commencement of cl 3 (1), 31.3.2010; date of commencement of cl 3 (2), 29.4.2010, cl 2 (2). | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 31 | Transport Administration Amendment Act 2010. Assented to 9.6.2010. Date of commencement, 1.7.2010, sec 2 and 2010 (294) LW 25.6.2010. | |
No 60 | Superannuation Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2, 8.10.2010, sec 2 and 2010 (572) LW 8.10.2010. | |
(430) | State Authorities Non-contributory Superannuation Amendment (National Measurement Institute) Order 2010. LW 13.8.2010. Date of commencement, 1.7.2010, cl 2. | |
(141) | State Authorities Non-contributory Superannuation Amendment (Waste Recycling and Processing Corporation) Order 2011. LW 3.3.2011. Date of commencement of cl 3 (1), 31.1.2011, cl 2 (1); date of commencement of cl 3 (2), 3.3.2011, cl 2 (2). | |
(353) | State Authorities Non-contributory Superannuation Amendment (National VET Regulator) Order 2011. LW 8.7.2011. Date of commencement, 1.7.2011, cl 2. | |
No 41 | Transport Legislation Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 3, 31.3.2012, sec 2 and 2012 (124) LW 30.3.2012; date of commencement of Sch 4, 1.7.2012, sec 2 and 2012 (277) LW 29.6.2012; date of commencement of Sch 5.53, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1). | |
(7) | State Authorities Non-contributory Superannuation Amendment (RSL LifeCare) Order 2012. LW 13.1.2012. Date of commencement, 23.1.2012, cl 2. | |
(341) | State Authorities Non-contributory Superannuation Amendment (Harbour City Ferries) Order 2012. LW 27.7.2012. Date of commencement, 28.7.2012, cl 2. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012. Date of commencement of Sch 2, 4.1.2013, sec 2 (1). | |
No 96 | Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.42, 1.1.2013, sec 2 and 2012 (680) LW 21.12.2012. | |
(93) | State Authorities Non-contributory Superannuation Amendment (Infrastructure NSW) Order 2013. LW 8.3.2013. Date of commencement, 1.7.2011, cl 2. | |
(189) | State Authorities Non-contributory Superannuation Amendment (Local Government and Shires Association) Order 2013. LW 3.5.2013. Date of commencement, 1.3.2013, cl 2. | |
(201) | State Authorities Non-contributory Superannuation Amendment (Port Employers) Order 2013. LW 10.5.2013. Date of commencement, on publication on LW, cl 2. | |
No 41 | Members of Parliament Staff Act 2013. Assented to 25.6.2013. Date of commencement, 24.2.2014, sec 2 and 2014 (56) LW 20.2.2014. | |
(396) | State Authorities Non-contributory Superannuation Amendment (Train Corporations) Order 2013. LW 26.7.2013. Date of commencement, 1.7.2013, cl 2. | |
(403) | State Authorities Non-contributory Superannuation Amendment (Employers) Order 2013. LW 31.7.2013. Date of commencement, on publication on LW, cl 2. | |
(454) | State Authorities Non-contributory Superannuation Amendment (Thiess Services Pty Limited) Order 2013. LW 23.8.2013. Date of commencement, 1.7.2013, cl 2. | |
(498) | State Authorities Non-contributory Superannuation Amendment (EnergyAustralia) Order 2013. LW 30.8.2013. Date of commencement, 2.9.2013, cl 2. | |
No 69 | State Authorities Non-contributory Superannuation Amendment Act 2013. Assented to 18.9.2013. Date of commencement, 19.12.2014, sec 2 and 2014 (837) LW 19.12.2014. | |
No 75 | Game and Feral Animal Control Amendment Act 2013. Assented to 23.10.2013. Date of commencement, 15.11.2013, sec 2 and 2013 (645) LW 15.11.2013. | |
(727) | State Authorities Non-contributory Superannuation Amendment (Lifehouse Australia) Order 2013. LW 20.12.2013. Date of commencement, 18.11.2013, cl 2. | |
(7) | State Authorities Non-contributory Superannuation Amendment (National Disability Insurance Scheme Launch Transition Agency) Order 2014. LW 24.1.2014. Date of commencement, 4.10.2013, cl 2. | |
(270) | State Authorities Non-contributory Superannuation Amendment (DownerMouchel and Leighton) Order 2014. LW 23.5.2014. Date of commencement, 31.3.2014, cl 2. | |
(280) | State Authorities Non-contributory Superannuation Amendment (Port of Newcastle Operations) Order 2014. LW 29.5.2014. Date of commencement, 30.5.2014, cl 2. | |
(569) | State Authorities Non-contributory Superannuation Amendment (AGL Macquarie) Order 2014. LW 29.8.2014. Date of commencement, 2.9.2014, cl 2. | |
(641) | State Authorities Non-contributory Superannuation Amendment (DownerMouchel Services Pty Ltd) Order 2014. LW 26.9.2014. Date of commencement, 1.10.2014, cl 2. | |
(643) | State Authorities Non-contributory Superannuation Amendment (LT Joint Venture Pty Limited) Order 2014. LW 26.9.2014. Date of commencement, 1.10.2014, cl 2. | |
No 74 | Water NSW Act 2014. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. | |
No 88 | Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 1.27, 8.1.2015, sec 2 (1). | |
(796) | State Authorities Non-contributory Superannuation Amendment (Veolia Water Operations Pty Ltd) Order 2014. LW 12.12.2014. Date of commencement, 1.10.2014, cl 2. | |
(857) | State Authorities Non-contributory Superannuation Amendment (Australian Health Management Group Pty Limited) Order 2014. LW 19.12.2014. Date of commencement, on publication on LW, cl 2. | |
(24) | State Authorities Non-contributory Superannuation Amendment (Snowy Hydro Limited) Order 2015. LW 29.1.2015. Date of commencement, 30.1.2015, cl 2. | |
(89) | State Authorities Non-contributory Superannuation Amendment (Australian Laboratory Services Pty. Ltd.) Order 2015. LW 27.2.2015. Date of commencement, 18.12.2014, cl 2. | |
(90) | State Authorities Non-contributory Superannuation Amendment (Hunter H2O Holdings Pty Limited) Order 2015. LW 27.2.2015. Date of commencement, 31.12.2014, cl 2. | |
(91) | State Authorities Non-contributory Superannuation Amendment (Royal Institute for Deaf and Blind Children) Order 2015. LW 27.2.2015. Date of commencement, 1.7.2014, cl 2. | |
(92) | State Authorities Non-contributory Superannuation Amendment (voestalpine VAE Railway Systems Pty Ltd) Order 2015. LW 27.2.2015. Date of commencement, 1.3.2015, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 4, 1.8.2015, sec 2 (4). | |
No 19 | State Insurance and Care Governance Act 2015. Assented to 21.8.2015. Date of commencement of Sch 15.18, 1.9.2015, sec 2 and 2015 (524) LW 28.8.2015. | |
No 48 | Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015. Date of commencement of Sch 2.5, 1.7.2016, sec 2 (2) and 2016 (300) LW 10.6.2016. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
(767) | State Authorities Non-contributory Superannuation Amendment (AGL Energy Limited) Order 2015. LW 16.12.2015. Date of commencement, 1.2.2015, cl 2. | |
(770) | State Authorities Non-contributory Superannuation Amendment (St John of God Hawkesbury District Health Campus) Order 2015. LW 16.12.2015. Date of commencement, 4.11.2015, cl 2. | |
(772) | State Authorities Non-contributory Superannuation Amendment (Sydney Motorway Corporation) Order 2015. LW 16.12.2015. Date of commencement, 28.8.2014, cl 2. | |
(776) | State Authorities Non-contributory Superannuation Amendment (Sunset Power International Pty Ltd) Order 2015. LW 17.12.2015. Date of commencement, 17.12.2015, cl 2. | |
(64) | State Authorities Non-contributory Superannuation Amendment (Australian Unity Home Care Service Pty Ltd) Order 2016. LW 11.2.2016. Date of commencement, 19.2.2016, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 3, 8.7.2016, sec 2 (1); date of commencement of Sch 5, 28.6.2017, sec 2 (4) and 2017 (293) LW 28.6.2017. | |
(474) | State Authorities Non-contributory Superannuation Amendment (Albury Wodonga Health) Order 2016. LW 4.8.2016. Date of commencement, 1.1.2011, cl 2. | |
(567) | State Authorities Non-contributory Superannuation Amendment (Cochrane Dam Pty Ltd) Order 2016. LW 31.8.2016. Date of commencement, 2.8.2016, cl 2. | |
(692) | State Authorities Non-contributory Superannuation Amendment (TJS Services Group Pty Limited) Order 2016. LW 23.11.2016. Date of commencement, 1.8.2016, cl 2. | |
(777) | State Authorities Non-contributory Superannuation Amendment (Australian Nursing and Midwifery Federation New South Wales Branch) Order 2016. LW 16.12.2016. Date of commencement, 1.12.2016, cl 2. | |
(109) | State Authorities Non-contributory Superannuation Amendment (Office of the National Rail Safety Regulator) Order 2017. LW 29.3.2017. Date of commencement, 20.2.2017, cl 2. | |
(337) | State Authorities Non-contributory Superannuation Amendment (Australian Registry Services Pty Ltd) Order 2017. LW 5.7.2017. Date of commencement, 11.59 pm on 30.6.2017, cl 2. | |
(340) | State Authorities Non-contributory Superannuation Amendment (Keolis Downer Hunter Pty Ltd) Order 2017. LW 5.7.2017. Date of commencement, 1.7.2017, cl 2. | |
(399) | State Authorities Non-contributory Superannuation Amendment (NDIS) Order 2017. LW 9.8.2017. Date of commencement, 1.7.2017, cl 2. | |
(70) | State Authorities Non-contributory Superannuation Amendment (National Disability Insurance Scheme Launch Transition Agency) Order 2018. LW 2.3.2018. Date of commencement, 1.7.2016, cl 2. | |
No 28 | Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018. Date of commencement, assent, sec 2. | |
(355) | State Authorities Non-contributory Superannuation Amendment (Northern Beaches Hospital) Order 2018. LW 29.6.2018. Date of commencement, 1.7.2018, cl 2. |
(366) | State Authorities Non-contributory Superannuation Amendment (Transit Systems West Services Pty Ltd) Order 2018. LW 29.6.2018. Date of commencement, 1.7.2018, cl 2. | |
(541) | State Authorities Non-contributory Superannuation Amendment (NDIS) Order 2018. LW 21.9.2018. Date of commencement, 1.7.2018, cl 2. | |
No 59 | Emergency Services Legislation Amendment Act 2018. Assented to 26.10.2018. Date of commencement of Sch 5, assent, sec 2 (1). | |
(730) | State Authorities Non-contributory Superannuation Amendment (Hume Community Housing Association Company Limited) Order 2018. LW 14.12.2018. Date of commencement, 2.9.2019, cl 2. | |
(732) | State Authorities Non-contributory Superannuation Amendment (Southern Cross Community Housing Limited) Order 2018. LW 14.12.2018. Date of commencement, 22.10.2018, cl 2. | |
(601) | State Authorities Non-contributory Superannuation Amendment (Ability Options and Connectability Australia) Order 2020. LW 9.10.2020. Date of commencement, 1.7.2020, cl 2. | |
No 29 | Sporting Venues Authorities Amendment (Venues NSW) Act 2020. Assented to 27.10.2020. Date of commencement, 1.12.2020, sec 2 and 2020 (681) LW 27.11.2020. | |
(276) | State Authorities Non-contributory Superannuation Amendment (Winc Australia Pty Limited) Order 2021. LW 11.6.2021. Date of commencement, on publication on LW, cl 2. | |
(488) | State Authorities Non-contributory Superannuation Amendment (Employer Legal Names) Order 2021. LW 27.8.2021. Date of commencement, on publication on LW, cl 2. | |
(489) | State Authorities Non-contributory Superannuation Amendment (Ventia Australia Pty Ltd) Order 2021. LW 27.8.2021. Date of commencement, on publication on LW, cl 2. | |
(634) | State Authorities Non-contributory Superannuation Amendment (Keolis Downer Northern Beaches Pty Ltd) Order 2021. LW 29.10.2021. Date of commencement, on publication on LW, sec 2. | |
(771) | State Authorities Non-contributory Superannuation Amendment (Busways North West Pty Ltd) Order 2021. LW 17.12.2021. Date of commencement, on publication on LW, sec 2. | |
(67) | State Authorities Non-contributory Superannuation Amendment (Department of Education, Queensland) Order 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(150) | State Authorities Non-contributory Superannuation Amendment (Transdev John Holland Buses (NSW) Pty Ltd) Order 2022. LW 14.4.2022. Date of commencement, 3.4.2022, sec 2. | |
(417) | State Authorities Non-contributory Superannuation Amendment (National Heavy Vehicle Regulator) Order 2022. LW 29.7.2022. Date of commencement, on publication on LW, sec 2. | |
No 63 | Treasury and Energy Legislation Amendment Act 2022. Assented to 14.11.2022. Date of commencement of Sch 3.2, assent, sec 2(1)(b). | |
(693) | State Authorities Non-contributory Superannuation Amendment (LiveBetter Services Limited) Order 2022. LW 18.11.2022. Date of commencement, on publication on LW, sec 2. | |
(25) | State Authorities Non-contributory Superannuation Amendment (Life Without Barriers) Order 2023. LW 27.1.2023. Date of commencement, on publication on LW, sec 2. | |
No 37 | Revenue and Other Legislation Amendment Bill 2025. Assented to 1.7.2025. Date of commencement of Sch 6, 15.12.2023, sec 2(a). | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Schs 2.14 and 4, assent, sec 2(e). |
Amendments made to this Act published prior to 1.1.2005, by orders pursuant to sec 27, are listed only in the Table of amendments.
Sec 3 | Am 1988 No 135, Sch 1 (1); 1989 No 107, Sch 1; 1989 No 229, Sch 1; 1990 No 48, Sch 2; 1991 No 95, Sch 8 (1); 1991 No 96, Sch 6; 1992 No 35, Sch 1; 1993 No 42, Schs 2, 4; 1993 No 111, Sch 4 (1); 1996 No 39, Sch 4; 1997 No 42, Sch 1.6 [1]–[5]; 1999 No 86, Sch 1.6 [1]–[4]; 2000 No 100, Sch 4 [1]; 2000 No 114, Sch 1.4 [1] [2]; 2003 No 77, Sch 10 [1] [2]; 2005 No 52, Sch 4 [1] [2]; 2005 No 91, Sch 3.11 [1]; 2010 No 19, Sch 3.99 [1]; 2011 No 62, Sch 3.31 [1]; 2013 No 41, Sch 3.7; 2013 No 69, Sch 1 [1]; 2015 No 58, Sch 3.80 [1] [2]; 2018 No 28, Sch 1.33; 2025 No 48, Sch 2.14[1] [2]. |
Sec 4 | Am 1989 No 107, Sch 1; 1991 No 17, Sch 1; 1991 No 94, Sch 1; 1993 No 42, Sch 2; 1996 No 39, Sch 4; 2005 No 85, Sch 2.4 [1]; 2006 No 53, Sch 1.3 [1]; 2007 No 28, Sch 1 [1]. |
Sec 4A | Ins 1989 No 107, Sch 1. Subst 1989 No 229, Sch 1. Am 1990 No 48, Sch 2. Subst 1993 No 42, Sch 2. Am 1993 No 111, Sch 4 (2); 1996 No 39, Sch 4; 1999 No 86, Sch 1.6 [5]; 2005 No 52, Sch 4 [3]; 2007 No 28, Sch 1 [2]; 2011 No 62, Sch 3.31 [1]; 2015 No 58, Sch 3.80 [3]. |
Sec 4B | Ins 2006 No 53, Sch 1.3 [2]. Rep 2007 No 28, Sch 1 [3]. |
Sec 5 | Am 2013 No 41, Sch 3.7. |
Sec 6 | Am 1990 No 48, Sch 2; 2001 No 107, Sch 7.7; 2011 No 62, Sch 3.31 [2]. |
Sec 9 | Am 1988 No 135, Sch 1 (2); 1991 No 96, Sch 6; 1996 No 39, Sch 4; 2001 No 98, Sch 2 [1]; 2003 No 77, Sch 10 [3]–[5]; 2005 No 52, Sch 4 [4]–[7]. |
Sec 10 | Am 1991 No 96, Sch 6; 1993 No 111, Sch 4 (3); 1996 No 39, Sch 4; 2001 No 98, Sch 2 [2]; 2003 No 77, Sch 10 [6]; 2005 No 52, Sch 4 [8]–[10]. |
Sec 10A | Ins 1993 No 111, Sch 4 (4). Am 1996 No 39, Sch 4. |
Sec 10B | Ins 2005 No 52, Sch 4 [11]. |
Sec 10C | Ins 2013 No 69, Sch 1 [2]. |
Sec 11 | Am 1996 No 39, Sch 4. |
Sec 11A | Ins 1996 No 39, Sch 4. Am 1996 No 121, Sch 1.18 [1]; 2001 No 98, Sch 2 [3]. |
Sec 13 | Am 1991 No 95, Sch 8 (2); 1993 No 111, Sch 4 (5); 1996 No 39, Sch 4; 1997 No 42, Sch 1.6 [6]; 1999 No 86, Sch 2.4 [1] [2]. |
Sec 14 | Am 1996 No 39, Sch 4. |
Sec 15 | Subst 1993 No 111, Sch 4 (6). Am 1996 No 39, Sch 4. |
Sec 16 | Am 1996 No 39, Sch 4. |
Sec 16A | Ins 2013 No 69, Sch 1 [3]. Am 2025 No 37, Sch 6[1] [2]. |
Sec 17 | Am 1996 No 39, Sch 4; 2013 No 69, Sch 1 [4]. |
Sec 18 | Am 1996 No 39, Sch 4. |
Sec 18A | Ins 1993 No 111, Sch 4 (7). Am 1996 No 39, Sch 4; 1997 No 42, Sch 1.6 [7]. |
Sec 19 | Am 1996 No 39, Sch 4; 2005 No 52, Sch 4 [12]; 2013 No 69, Sch 1 [5]; 2015 No 58, Sch 3.80 [4]. |
Sec 19A | Ins 1993 No 111, Sch 4 (8). Am 1996 No 39, Sch 4; 2013 No 69, Sch 1 [6]. |
Sec 20 | Am 1991 No 96, Sch 6; 1996 No 39, Sch 4. |
Sec 20A | Ins 1992 No 102, Sch 4 (1). Subst 1993 No 42, Sch 3. Am 1996 No 39, Sch 4; 1997 No 42, Sch 1.6 [8]; 1998 No 144, Sch 2.3 [1]; 2022 No 63, Sch 3.2; 2025 No 48, Sch 2.14[3]. |
Sec 21 | Am 1996 No 39, Sch 4. |
Sec 22 | Am 1988 No 135, Sch 1 (3); 1992 No 35, Sch 1; 1992 No 57, Sch 2; 1993 No 42, Sch 4; 1996 No 39, Sch 4; 1997 No 42, Sch 1.6 [9]. |
Sec 22A | Ins 2005 No 52, Sch 4 [13]. |
Sec 22B | Ins 2013 No 69, Sch 1 [7]. |
Sec 23 | Subst 1992 No 35, Sch 1. Am 1993 No 111, Sch 4 (9); 1996 No 39, Sch 4; 1997 No 42, Sch 1.6 [10]–[12]; 1997 No 149, Sch 1.5 [1] [2]; 2000 No 100, Sch 4 [2] [3]; 2005 No 52, Sch 4 [14] [15]; 2010 No 19, Sch 3.99 [2]; 2013 No 69, Sch 1 [5] [8]. |
Sec 23A | Ins 1993 No 42, Sch 4. Am 1997 No 149, Sch 1.5 [3] [4]; 2005 No 52, Sch 4 [16]; 2013 No 69, Sch 1 [5]. |
Sec 23B | Ins 2000 No 100, Sch 4 [4]. |
Sec 24 | Am 1989 No 107, Sch 1; 1989 No 229, Sch 1; 1990 No 48, Sch 2; 1991 No 17, Sch 1; 1991 No 96, Sch 6. Subst 1992 No 35, Sch 1. Am 1996 No 39, Sch 4; 1997 No 42, Sch 1.6 [13]–[16]; 1999 No 86, Sch 1.6 [6]; 2005 No 52, Sch 4 [17]–[21]; 2013 No 69, Sch 1 [5] [9]–[11]; 2025 No 48, Sch 2.14[4]. |
Sec 24A | Ins 1990 No 99, Sch 3. |
Sec 24B | Ins 1993 No 111, Sch 4 (10). Am 1996 No 39, Sch 4. |
Sec 25 | Am 1991 No 96, Sch 6; 1996 No 39, Sch 4. |
Sec 25A | Ins 1989 No 229, Sch 1. Am 1996 No 39, Sch 4. |
Sec 26 | Am 1996 No 39, Sch 4. |
Sec 26A | Ins 1988 No 135, Sch 1 (4). Am 1996 No 39, Sch 4; 2000 No 100, Sch 4 [5]. |
Sec 26AA | Ins 2005 No 52, Sch 4 [22]. Am 2010 No 60, Sch 2 [1] [2]. |
Sec 26AB | Ins 2010 No 60, Sch 2 [3]. |
Sec 26B | Ins 1988 No 135, Sch 1 (5). Am 1996 No 39, Sch 4. Rep 1997 No 42, Sch 1.6 [17]. Ins 1998 No 144, Sch 1.3 [1]. Subst 1999 No 6, Sch 1.4 [1]. |
Sec 26BA | Ins 2000 No 114, Sch 1.4 [5]. |
Part 4A | Ins 1992 No 102, Sch 4 (2). |
Sec 26C | Ins 1992 No 102, Sch 4 (2). Am 1993 No 42, Sch 3; 2025 No 48, Sch 2.14[3]. |
Sec 26D | Ins 1992 No 102, Sch 4 (2). |
Sec 26E | Ins 1992 No 102, Sch 4 (2). Am 1997 No 42, Sch 1.6 [18]; 2025 No 48, Sch 2.14[3]. |
Sec 26F | Ins 1992 No 102, Sch 4 (2). Am 1997 No 42, Sch 1.6 [19]; 2025 No 48, Sch 2.14[3]. |
Sec 26G | Ins 1992 No 102, Sch 4 (2). Am 1996 No 39, Sch 4; 2025 No 48, Sch 2.14[3]. |
Sec 26H | Ins 1992 No 102, Sch 4 (2). Am 1996 No 39, Sch 4; 2013 No 69, Sch 1 [12]; 2025 No 48, Sch 2.14[3]. |
Sec 26I | Ins 1997 No 42, Sch 1.6 [20]. Am 2005 No 91, Sch 3.11 [2]; 2025 No 48, Sch 2.14[4]. |
Part 4AA, heading | Ins 1993 No 42, Sch 1. Am 2005 No 52, Sch 4 [23]. |
Part 4AA | Ins 1993 No 42, Sch 1. |
Sec 27AA | Ins 1993 No 42, Sch 1. Am 1996 No 39, Sch 4; 1997 No 42, Sch 1.6 [21]. Subst 2005 No 52, Sch 4 [24]. Am 2013 No 69, Sch 1 [5]. |
Sec 27AB | Ins 1993 No 42, Sch 1. Am 1996 No 39, Sch 4; 2005 No 52, Sch 4 [25]; 2013 No 69, Sch 1 [6]. |
Sec 27AC | Ins 1993 No 42, Sch 1. Am 2005 No 52, Sch 4 [26] [27]. |
Sec 27ACA | Ins 2005 No 52, Sch 4 [28]. |
Part 4B | Ins 2001 No 98, Sch 2 [4]. |
Sec 27AD | Ins 2001 No 98, Sch 2 [4]. Am 2002 No 110, Sch 2 [1] [2]; 2002 No 111, Sch 3 [1]–[3]; 2005 No 91, Sch 3.11 [3]–[6]; 2025 No 48, Sch 2.14[4]. |
Part 4C | Ins 2002 No 111, Sch 3 [4]. |
Sec 27AE | Ins 2002 No 111, Sch 3 [4]. Am 2018 No 59, Sch 5.1, 5.5. |
Sec 27AF | Ins 2002 No 111, Sch 3 [4]. |
Sec 27AG | Ins 2002 No 111, Sch 3 [4]. |
Part 4D | Ins 2003 No 77, Sch 10 [7]. |
Sec 27AH | Ins 2003 No 77, Sch 10 [7]. Am 2005 No 91, Sch 3.11 [7]; 2025 No 48, Sch 2.14[3] [4]. |
Sec 27AI | Ins 2003 No 77, Sch 10 [7]. |
Sec 27AJ | Ins 2003 No 77, Sch 10 [7]. Am 2008 No 114, Sch 1.21; 2025 No 48, Sch 2.14[4]. |
Secs 27AK, 27AL | Ins 2003 No 77, Sch 10 [7]. |
Sec 27 | Am 2009 No 56, Sch 4.64. |
Secs 28–30 | Am 1996 No 39, Sch 4. |
Sec 31 | Am 1996 No 39, Sch 4; 2003 No 77, Sch 10 [8] [9]; 2008 No 75, Sch 2.11. |
Sec 31A | Ins 1993 No 42, Sch 4. Am 1996 No 39, Sch 4. |
Sec 32 | Am 1996 No 39, Sch 4. |
Sec 32A | Ins 1993 No 111, Sch 4 (11). Am 1996 No 39, Sch 4. |
Sec 33 | Am 1993 No 111, Sch 4 (12); 1996 No 39, Sch 4. |
Sec 33A | Ins 1991 No 95, Sch 8 (3). Subst 1993 No 111, Sch 4 (13). Am 1996 No 39, Sch 4. Subst 1997 No 42, Sch 1.6 [22]. |
Sec 33B | Ins 2008 No 28, Sch 2.2. |
Sec 35 | Ins 1993 No 111, Sch 4 (14). |
Sch 1 | Am GG No 56 of 18.3.1988, p 1764; GG No 132 of 12.8.1988, p 4266; GG No 183 of 16.12.1988, p 6451; 1988 No 114, Sch 4; GG No 37 of 31.3.1989, p 1708; 1989 No 30, Sch 2; GG No 81 of 30.6.1989, p 3837; GG No 87 of 4.8.1989, p 4979; 1989 No 192, Sch 3; GG No 7 of 12.1.1990, p 201; GG No 18 of 2.2.1990, pp 841, 843; GG No 44 of 30.3.1990, pp 2589, 2590; GG No 76 of 15.6.1990, p 4891; 1990 No 16, Sch 2; 1990 No 48, Sch 2; GG No 115 of 28.9.1990, p 8683; GG No 137 of 2.11.1990, p 9627; GG No 183 of 28.12.1990, p 11474; 1990 No 78, Sch 2; 1990 No 117, Sch 4; 1990 No 118, Sch 3; GG No 31 of 15.2.1991, p 1250; GG No 62 of 26.4.1991, p 3211; GG No 121 of 30.8.1991, p 7446; GG No 174 of 13.12.1991, p 10361; 1991 No 53, Sch 1; 1991 No 88, Sch 5; 1991 No 94, Sch 1; 1991 No 96, Sch 6; GG No 7 of 17.1.1992, p 270; GG No 18 of 7.2.1992, p 696; GG No 51 of 24.4.1992, p 2871; GG No 55 of 1.5.1992, p 3025; GG No 60 of 15.5.1992, p 3313; 1992 No 15, Sch 4; 1992 No 20, Sch 2; 1992 No 57, Sch 2; 1992 No 105, Sch 2; GG No 7 of 22.1.1993, p 168; GG No 41 of 30.4.1993, p 1962; GG No 89 of 13.8.1993, pp 4528–4530; GG No 110 of 8.10.1993, pp 6145, 6149; GG No 121 of 5.11.1993, p 6589; GG No 142 of 24.12.1993, p 7443 (see also GG No 35 of 11.2.1994, p 682); GG No 142 of 24.12.1993, p 7444; GG No 44 of 11.3.1994, p 1102; GG No 46 of 18.3.1994, p 1189; GG No 73 of 27.5.1994, p 2447, GG No 93 of 15.7.1994, p 3653; GG No 99 of 29.7.1994, p 4032; GG No 113 of 2.9.1994, p 5488; GG No 150 of 11.11.1994, p 6678; 1994 No 64, Sch 3; 1994 No 82, Sch 6; 1994 No 88, Sch 7; 1995 No 13, Sch 4; GG No 74 of 16.6.1995, pp 3179, 3181; 1995 No 18, Sch 5; GG No 83 of 7.7.1995, p 3616; 1995 No 95, Sch 4; 1995 No 96, Sch 2; GG No 33 of 15.3.1996, p 1116; GG No 67 of 7.6.1996, p 2923; 1996 No 39, Sch 4; 1996 No 40, Schs 2.5, 3.5; 1996 No 56, Sch 2; GG No 99 of 30.8.1996, p 5909; GG No 117 of 18.10.1996, p 6962; 1996 No 85, Sch 3.7; 1996 No 90, Sch 2.12; 1996 No 121, Sch 1.18 [2]; 1996 No 122, Sch 7.13; GG No 15 of 7.2.1997, p 388 (see also GG No 22 of 28.2.1997, p 1218); GG No 24 of 7.3.1997, p 1366; GG No 57 of 30.5.1997, p 3507; 1997 No 43, Sch 4.3; 1997 No 62, Sch 1.10; GG No 107 of 3.10.1997, p 8377; GG No 119 of 7.11.1997, p 8971; 1997 No 124, Sch 2.3; 1997 No 154, Sch 6.43; GG No 32 of 20.2.1998, p 848; GG No 52 of 13.3.1998, p 1425; 1998 No 8, Sch 2.11; 1998 No 68, Sch 2.16; 1998 No 110, Sch 1.6; 1998 No 143, Sch 6.25; 1998 No 145, Sch 5.15 [1] [2]; 1998 No 170, Sch 3.17; 1999 No 5, Sch 5.8; GG No 75 of 30.6.1999, p 4579; GG No 86 of 30.7.1999, p 5287; GG No 101 of 1.9.1999, p 8276; GG No 81 of 30.6.2000, p 5801; 2000 No 89, Sch 2.8; 2000 No 102, Sch 3.12 [1] [2]; GG No 46 of 2.3.2001, p 1090; GG No 78 of 4.5.2001, p 2226; 2001 No 35, Sch 3.3; GG No 108 of 6.7.2001, p 5232; 2001 No 52, Sch 1.11; 2001 No 58, Sch 3.10; GG No 158 of 19.10.2001, p 8658; GG No 190 of 14.12.2001, p 9973; 2001 No 129, Sch 3.4; GG No 48 of 22.2.2002, p 1018; GG No 82 of 3.5.2002, p 2582; GG No 89 of 24.5.2002, p 3222; 2002 No 38, Sch 5.14; 2002 No 39, Sch 5.9; GG No 142 of 6.9.2002, p 7926; GG No 210 of 8.11.2002, p 9465; GG No 25 of 24.1.2003, p 453; GG No 77 of 24.4.2003, p 4569; 2003 No 17, Sch 3.12; GG No 116 of 25.7.2003, p 7462; GG No 126 of 15.8.2003, p 7924; GG No 168 of 24.10.2003, p 10141; GG No 185 of 21.11.2003, p 10662; 2003 No 82, Sch 1.35; 2003 No 96, Sch 3.18; 2003 No 99, Sch 2.7; GG No 197 of 19.12.2003, pp 11441, 11443; GG No 198 of 24.12.2003, p 11622; GG No 58 of 19.3.2004, p 1286; 2004 No 36, Sch 3.12; 2004 No 40, Sch 3.15; 2004 No 64, Sch 2.6; GG No 124 of 23.7.2004, pp 6044, 6046; GG No 131 of 6.8.2004, p 6353; GG No 153 of 1.10.2004, p 7793; 2004 No 91, Sch 2.73; GG No 200 of 17.12.2004, p 9391; GG No 204 of 24.12.2004, p 9698; 2005 (98), Sch 1; 2005 (169), cl 3; 2005 (284), cl 3; 2005 (325), cl 3; 2005 (805), cl 2; 2006 No 58, Sch 2.52; 2006 No 120, Sch 2.84; 2007 No 22, Sch 5.12; 2008 (74), cl 3; 2008 (98), Sch 1 [1] [2]; 2008 (171), cl 3; 2008 No 112, Sch 6.29; 2009 (12), cl 3; 2009 (132), cl 3; 2009 No 21, Sch 3.12; 2009 (319), cl 3; 2010 (131), cl 3 (1) (2); 2010 No 31, Schs 2.4, 3.5; 2010 (430), cl 3; 2011 (141), cl 3 (1) (2); 2011 (353), cl 3; 2011 No 41, Schs 3.5, 4.6, 5.53; 2011 No 62, Sch 3.31 [2]; 2012 (7), cl 3; 2012 (341), cl 3; 2012 No 95, Sch 2.33; 2012 No 96, Sch 4.42; 2013 (93), cl 3; 2013 (189), cl 3; 2013 (201), cl 3; 2013 (396), cl 3; 2013 (403), cl 3; 2013 (454), cl 3; 2013 (498), cl 3; 2013 No 75, Sch 2.9; 2013 (727), cl 3; 2014 (7), cl 3; 2014 (270), cl 3; 2014 (280), cl 3; 2014 (569), cl 3; 2014 (641), cl 3; 2014 (643), cl 3; 2014 No 74, Sch 3.27; 2014 No 88, Sch 1.27; 2014 (796), cl 3; 2014 (857), cl 3; 2015 (24), cl 3; 2015 (89), cl 3; 2015 (90), cl 3; 2015 (91), cl 3; 2015 (92), cl 3; 2015 No 15, Sch 4.7; 2015 No 19, Sch 15.18; 2015 No 48, Sch 2.5; 2015 No 58, Sch 3.80 [5]; 2015 (767), cl 3; 2015 (770), cl 3; 2015 (772), cl 3; 2015 (776), cl 3; 2016 (64), cl 3; 2016 No 27, Schs 3, 5.9; 2016 (474), cl 3; 2016 (567), cl 3; 2016 (692), cl 3; 2016 (777), cl 3 (1) (2); 2017 (109), cl 3; 2017 (337), cl 3; 2017 (340), cl 3; 2017 (399), cl 3; 2018 (70), cl 3; 2018 (355), Sch 1; 2018 (356), cl 3; 2018 (541), cl 3; 2018 (730), cl 3; 2018 (732), cl 3; 2020 (601), cl 3; 2020 No 29, Sch 2.9; 2021 (276), cl 3; 2021 (488), cl 3; 2021 (489), cl 3; 2021 (634), sec 3; 2021 (771), sec 3; 2022 (67), sec 3; 2022 (150), sec 3; 2022 (417), sec 3; 2022 (693), sec 3; 2023 (25), sec 3; 2025 No 48, Sch 4.9. |
Sch 2 | Am GG No 44 of 14.4.1989, p 1964; 1989 No 107, Sch 1; 1991 No 17, Sch 1; 1998 No 144, Sch 1.3 [2]; 1999 No 6, Sch 1.4 [2]; 1999 No 86, Sch 1.6 [7] [8]; 2000 No 114, Sch 1.4 [6]; 2005 No 31, Sch 14.4; 2025 No 48, Sch 2.14[4]. |
Sch 3, heading | Ins 1990 No 99, Sch 3. Am 1998 No 144, Sch 2.3 [2]. |
Sch 3 | Ins 1990 No 99, Sch 3. Am 1991 No 94, Sch 1; 1992 No 35, Sch 3; 1992 No 57, Sch 2; 1998 No 144, Sch 2.3 [3]. |
Sch 4 | Ins 1992 No 102, Sch 4 (3). |
Sch 5, heading | Ins 1993 No 111, Sch 4 (15). Am 2013 No 69, Sch 1 [13]. |
Sch 5 | Ins 1993 No 111, Sch 4 (15). Am 1997 No 42, Sch 1.6 [23] [24]; 1997 No 149, Sch 1.5 [5]; 1999 No 86, Sch 2.4 [3]; 2000 No 100, Sch 4 [6]; 2000 No 114, Sch 1.4 [7] [8]; 2001 No 98, Sch 2 [5] [6]; 2002 No 110, Sch 2 [3]; 2002 No 111, Sch 3 [5]; 2003 No 77, Sch 10 [10]; 2005 No 52, Sch 4 [29] [30]; 2005 No 85, Sch 2.4 [2]; 2006 No 53, Sch 1.3 [3]; 2007 No 28, Sch 1 [4]; 2010 No 19, Sch 3.99 [3] [4]; 2010 No 60, Sch 2 [4]; 2013 No 69, Sch 1 [14] [15]. |
The whole Act (except sec 3 and Sch 5) | Am 2000 No 114, Sch 1.4 [3] (insert “or de facto partner” after “spouse” wherever occurring). |
The whole Act (except sec 3 and Sch 5) | Am 2000 No 114, Sch 1.4 [4] (insert “or de facto partners’” after “spouses’” wherever occurring). |
0
0
0