State Superannuation Amendment Act 2007 (WA)

Western Australia

State Superannuation Amendment Act 2007

Western Australia

State Superannuation Amendment Act 2007

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	The Act amended	3
Part 2 — Amendments to allow

for transfer

4.	Long title replaced	4
5.	Section 3 amended	4
6.	Part heading and Division inserted and
consequential amendments	5
Part 3 — Schemes administered by the Board
Division 1 — Preliminary

4E.

Terms used in this Part and Schedules

7.	Section 7B amended	7
8.	Section 13 amended	7
9.	Section 28 amended	7
10.	Section 29 amended	7
11.	Section 33B amended	8
12.	Section 33C repealed	8
13.	Section 35 amended	8
14.	Section 38 amended	9
15.	Section 40 amended	12
16.	Parts 4 and 5 inserted	12

State Superannuation Amendment Act 2007

Contents

Part 4 — GESB Superannuation

Division 1 — Preliminary

41.	Purpose of this Part	12
42.	Terms used in this Part	12

Division 2 — Formation of companies and

superannuation fund

43.	Formation of MutualCo	13
44.	Formation of TrustCo	16
45.	Formation of GESB Superannuation	17
46.	Licences, approvals etc. to be obtained	18
47.	Service agreements	19

Division 3 — Continuing provisions relating to

MutualCo and TrustCo

48. Constitutions of MutualCo and TrustCo to

include certain provisions

49. MutualCo and TrustCo not agents of the

State

50.

Use of names

51.

Non-compliance with veto provisions

51A.

Notice of exercise of veto to be tabled

52.

Review of special membership

53. Information to be provided in relation to

review

54. Expiry of certain sections when special

membership ceases

Division 4 — Transfer

Subdivision 1 — Preliminary

55.

Terms used in this Division

Subdivision 2 — Transfer of statutory schemes

56.	Treasurer to fix transfer time	27
57.	Treasurer to make transfer order	29
58.	Transfer of assets, liabilities etc.	30
59.	Transfer of members	31
60.	Effect on rights, remedies etc.	32

Subdivision 3 — General provisions relating

to transfer

61.	Notification and registration of assignment	33
62.	Completion of necessary transactions	34
63.	Arrangements for custody and use of
records	34
64.	Stamp duty and other taxes	34

Division 5 — Transfer of staff

65.	Terms used in this Division	35
66.	Transfer of staff to MutualCo	36
67.	Election as to employment	38

State Superannuation Amendment Act 2007

Contents

68. Transition payment for staff not electing to

return

69.

Arrangements for return to public sector

70.

Employment in public sector

Division 6 — General

71.	Treasurer may give directions	41
72.	Power to remedy insufficiency	41
73.	General powers of Treasurer and Board	42
74.	Use of Board’s staff and facilities	42
75.	No fees payable by members transferred
to GESB Superannuation	42

Part 5 — General

77. Supplementary provision about Ministerial

directions

78. Supplementary provision about laying

documents before Parliament

79.

Regulations

17.	Schedule 1 amended	45
18.	Schedule 2 amended	45
19.	Conjunctions inserted	46
Part 3 — Amendments at transfer

time

20.	Section 3 amended	47
21.	Part 2 inserted	47
Part 2 — Employer contribution obligation

4A.	Terms used in this Part	47
4B.	Employers to make contributions	48
4C.	Regulations may require extra
contributions	48
4D.	No contributions to other funds	48

22.	Section 4E amended	49
23.	Division heading amended	49
24.	Section 5 amended	49
25.	Section 6 amended	50
26.	Section 7 amended	50
27.	Sections 7A and 7B repealed	50
28.	Section 8 amended	51
29.	Section 11 replaced	51

11.

Use of government staff and facilities

30.	Section 12 amended	52
31.	Division heading amended	52
32.	Section 14 amended	52

State Superannuation Amendment Act 2007

Contents

33.	Section 15 amended	53
34.	Section 18 amended	53
35.	Section 23 repealed	53
36.	Section 28 replaced	53

28. Application of Financial Management

Act 2006 and Auditor General Act 2006

37.	Section 30 repealed	54
38.	Section 33 amended	54
39.	Sections 33A and 33B repealed	54
40.	Section 36 amended	54
41.	Section 37 repealed	55
42.	Section 38 amended	55
43.	Section 76 inserted	56

76. Restriction on other public sector

superannuation schemes

44.	Section 79 amended	57
45.	Section 80 inserted	57

80.

Transitional and saving provisions

46.	Schedule 1 amended	57
47.	Schedule 2 amended	58
48.	Schedule 3 replaced	59
Schedule 3 — Transitional and saving provisions
Division 1 — Provisions for State Superannuation

Amendment Act 2007

1.	References to Board and Fund	59
2.	Transitional provision in relation to
Minister	59

49.	Various references to Minister amended	60
Part 4 — Amendments to introduce

choice

50.	Section 4B amended	61
51.	Section 4D repealed	61
Part 5 — Amendments relating to

West State scheme

Division 1 — West State in main transfer

Subdivision 1 — Amendments to allow transfer

52.	Section 29 amended	62
53.	Section 41 amended	62

State Superannuation Amendment Act 2007

Contents

54.	Section 42 amended	62
55.	Section 56 amended	62
56.	Section 60A inserted	63

60A.

Treasurer may give indemnity or

guarantee

Subdivision 2 — Amendments at transfer time

57.	Section 4E amended	63
58.	Section 22 repealed	64
59.	Section 33 amended	64
60.	Section 38 amended	64
Division 2 — West State in later transfer
Subdivision 1 — Amendments to allow transfer
61.	Section 29 amended	64
62.	Section 41 amended	64
63.	Subdivision 2A inserted	65
Subdivision 2A — Transfer of West State scheme

60A.	Terms used in this Subdivision	65
60B.	Treasurer to fix WSS transfer time	66
60C.	Treasurer to make WSS transfer order	68
60D.	Transfer of assets, liabilities etc.	70
60E.	Transfer of members	70
60F.	Effect on rights, remedies etc.	71
60G.	Treasurer may give indemnity or
guarantee	72

Subdivision 2 — Amendments at WSS transfer time

64.	Section 4E amended	73
65.	Section 22 repealed	73
66.	Section 33 amended	73
67.	Section 38 amended	73
Division 3 — West State separated into

sub-fund

Subdivision 1 — Amendments to allow separation

68.	Section 14 amended	73
69.	Section 29 amended	74
70.	Section 52 amended	74
71.	Part 4A inserted	75
Part 4A — West State scheme
Division 1 — Preliminary

75A.	Purpose of this Part	75
75B.	Terms used in this Part	75

State Superannuation Amendment Act 2007

Contents

Division 2 — Responsible entity and governing rules

75C.	Responsible entity	76
75D.	Responsible entity and directors to be
indemnified	76
75E.	Governing rules	77
75F.	Content of governing rules	77
75G.	Governing rules to contain certain
provisions when made	78
75GA.	Notice of refusal of approval to be tabled	80

Division 3 — Creation of sub-funds

75H.	Terms used in this Division	81
75I.	Licences, approvals etc. to be obtained	82
75J.	Service agreement	82
75K.	Treasurer to fix separation time	83
75L.	Treasurer to make separation order	85
75M.	Allocation of assets to sub-funds	87
75N.	Transfer of other assets, liabilities etc.	87
75O.	West State members to become members
of MutualCo	88
75P.	Effect on rights, remedies etc.	88
75Q.	Treasurer may give indemnity or
guarantee	89
75R.	Notification and registration of assignment	90
75S.	Completion of necessary transactions	91
75T.	Arrangements for custody and use of
records	91
75U.	Stamp duty and other taxes	91

Division 4 — General

75V.	Treasurer may give directions	92
75W.	Power to remedy insufficiency	93
75X.	General powers of Treasurer and Board	93
75Y.	No fees payable by West State members	94

Subdivision 2 — Amendments at separation time

72.	Section 4E amended	94
73.	Section 22 repealed	94
74.	Section 33 amended	95
75.	Section 38 amended	95
76.	Section 51 amended	95
Part 6 — Consequential amendments
Division 1 — Amendments to commence with

Part 2

77.	Magistrates Court Act 2004 amended	96
78.	State Superannuation (Transitional and
Consequential Provisions) Act 2000 amended	96

State Superannuation Amendment Act 2007

Contents

Division 2 — Amendments to commence with

Part 3

79.	Constitution Acts Amendment Act 1899 amended	97
80.	Director of Public Prosecutions Act 1991 amended	97

3A.

Superannuation if subsequently appointed

as judge

81.	Electricity Corporations Act 2005 amended	98
82.	Financial Management Act 2006 amended	99
83.	Land Tax Assessment Act 2002 amended	99
84.	Port Authorities Act 1999 amended	100
85.	Public Sector Management Act 1994 amended	100
86.	Racing and Wagering Western Australia Act 2003
amended	100
87.	Statutory Corporations (Liability of Directors)
Act 1996 amended	101
88.	Western Australian Land Authority Act 1992
amended	101
89.	Electricity Industry (Independent Market
Operator) Regulations 2004 amended	101

Western Australia

State Superannuation Amendment Act 2007

No. 25 of 2007

An Act to —

•	amend the State Superannuation Act 2000; and
•	consequentially amend certain other written laws,

and for related purposes.

[Assented to 16 October 2007]

The Parliament of Western Australia enacts as follows:

State Superannuation Amendment Act 2007

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the State Superannuation Amendment Act 2007.

2. Commencement

(1)	This Act comes into operation as follows:

(a)	Part 1 — on the day on which this Act receives the Royal Assent (“assent day”);
(b)	Part 2 and Part 6 Division 1 — on a day fixed by proclamation;
(c)	Part 3 and Part 6 Division 2 — at the time fixed under the State Superannuation Act 2000 section 56 as inserted by section 16 of this Act (“transfer time”);
(d)	Part 4 — on a day fixed by proclamation, being a day that is after Part 3 comes into operation;
(e)	Part 5 — subject to and in accordance with subsections (2) to (10).

(2)

Part 5 Division 1 Subdivision 1 comes into operation on a day

fixed by proclamation, being a day not before the day on which

Part 2 comes into operation.

(3)

If Part 5 Division 1 Subdivision 1 has not come into operation

before the transfer time, Part 5 Division 1 is repealed at that

time.

(4)

If Part 5 Division 1 Subdivision 1 comes into operation —

(a)	Part 5 Divisions 2 and 3 are repealed; and
(b)	Part 5 Division 1 Subdivision 2 comes into operation at the transfer time.

(5)	Part 5 Division 2 Subdivision 1 comes into operation on a day fixed by proclamation, being a day not before the day on which Part 2 comes into operation.

State Superannuation Amendment Act 2007

Preliminary

Part 1

s. 3

(6)	If Part 5 Division 2 Subdivision 1 comes into operation —

(a)	Part 5 Divisions 1 and 3 are repealed; and
(b)	Part 5 Division 2 Subdivision 2 comes into operation at the time fixed under the State Superannuation Act 2000 section 60B as inserted by section 63 of this Act.

(7)

Part 5 Division 3 Subdivision 1 comes into operation on a day

fixed by proclamation, being a day not before the day on which

Part 2 comes into operation.

(8)

If Part 5 Division 3 Subdivision 1 comes into operation —

(a)	Part 5 Divisions 1 and 2 are repealed; and
(b)	Part 5 Division 3 Subdivision 2 comes into operation at the time fixed under the State Superannuation Act 2000 section 75K as inserted by section 71 of this Act.

(9)	If Subdivision 1 of Part 5 Division 1, 2 or 3 comes into operation on the same day as Part 2, Part 2 takes effect first.

(10)	If Subdivision 2 of Part 5 Division 1, 2 or 3 comes into operation at the same time as Part 3, Part 3 takes effect first.

3. The Act amended

The amendments in this Act, other than Part 6, are to the State

Superannuation Act 2000*.

[*	Reprint 1 as at 18 August 2006.
For subsequent amendments see Act No. 77 of 2006.]

State Superannuation Amendment Act 2007

Part 2	Amendments to allow for transfer
s. 4

Part 2 — Amendments to allow for transfer

4. Long title replaced

The long title is repealed and the following long title is inserted

instead —

“

An Act to provide for —

•	employer-funded superannuation for people working in the public sector; and
•	the continuation under this Act of certain superannuation schemes; and
•	the establishment of a superannuation fund to be regulated under Commonwealth legislation to replace certain other superannuation schemes,

and for related purposes.

”.

5. Section 3 amended

(1)	Section 3(1) is amended as follows:

(a)	by deleting the definitions of “benefit”, “Fund”, “Member”, “S&FB Act”, “scheme”, “subsidiary” and “Treasurer’s guidelines”;
(b)	by inserting in the appropriate alphabetical positions —

“

“Corporations Act” means the Corporations Act 2001

(Commonwealth);

“regulated superannuation fund” has the meaning given in the SIS Act section 19;

“SIS Act” means the Superannuation Industry

(Supervision) Act 1993 (Commonwealth);

“transfer time” means the time fixed under

section 56;

State Superannuation Amendment Act 2007

Amendments to allow for transfer

Part 2

s. 6

“West State scheme” means the superannuation

scheme referred to in section 29(1)(a);

“working day” means a day other than a Saturday,

Sunday or public holiday.

”.

(2)	Section 3(3) is repealed.

6. Part heading and Division inserted and consequential amendments

(1)	After section 4 the following Part heading and Division are inserted —

“

Part 3 — Schemes administered by the Board

Division 1 — Preliminary

4E.	Terms used in this Part and Schedules

(1)	In this Part and the Schedules —
“benefit” means a benefit paid or payable under a

scheme, whether paid or payable as a lump sum,

pension, allowance or annuity or in any other

form;

“Fund” means the Government Employees

Superannuation Fund under section 14;

“Member” means a member of a scheme;

“scheme” means a superannuation scheme continued by section 29 or established under this Part;

“subsidiary” means a body determined under

subsection (2) to be a subsidiary of the Board;

“Treasurer’s guidelines” means guidelines issued by the Treasurer under section 33(2).

State Superannuation Amendment Act 2007

Part 2	Amendments to allow for transfer
s. 6

(2)	The Corporations Act Part 1.2 Division 6 applies for the purpose of determining whether a body is a subsidiary of the Board.

”.

(2)

The headings to Parts 2, 3, 4, 5 and 6 are each amended by

deleting “Part” and inserting instead —

“ Division ”.

(3)

Section 29 is amended as follows:

(a)	by deleting “the day on which this Act comes into operation” and inserting instead —

“ 17 February 2001 ”;

(b)	by deleting “this Act —” and inserting instead —

“ this Part — ”.

(4)	Section 32 is amended by deleting “the commencement of this Act.” and inserting instead —
“ 17 February 2001. ”.
(5)	The provisions listed in the Table to this subsection are amended by deleting “this Act” in each place where it occurs and inserting instead —
“ this Part ”.

Table

s. 6(1)	s. 30(2)(a)
s. 7B(2) and (4)	s. 31(1)(b)
s. 9(1) and (2)	s. 34(1)
s. 15(1)(a)	s. 37

(6)

Schedule 1 clause 6(2)(e) is amended by deleting “this Act;”

and inserting instead —

“ Part 3; ”.

State Superannuation Amendment Act 2007

Amendments to allow for transfer

Part 2

s. 7

(7)

Schedule 2 clause 1 is amended by deleting “this Act.” and

inserting instead —

“ Part 3. ”.

7. Section 7B amended

Section 7B(1) is repealed.

8. Section 13 amended

Section 13(3)(a) is amended by deleting “section 29(c) or (d),”

and inserting instead —

“ section 29(1)(c) or (d), ”.

9. Section 28 amended

(1)

Section 28(1) is amended by deleting “under section 38”.

(2)

Section 28(2) is amended by deleting “section 29(b),” and

inserting instead —

“ section 29(1)(b), ”.

10. Section 29 amended

Section 29 is amended as follows:

(a)	before “On” by inserting the subsection designation “(1)”;
(b)

in paragraph (a) by deleting “Part VIIA of the GES Act” “

the Government Employees Superannuation

Act 1987 Part VIIA

”;

State Superannuation Amendment Act 2007

Part 2	Amendments to allow for transfer
s. 11

(c)

in paragraph (b) by deleting “Parts IV, V, VI and VII of “

the Government Employees Superannuation

Act 1987 Parts IV, V, VI and VII

”;

(d)

in paragraph (c) by deleting “Parts IV, V and VB of the “

the Superannuation and Family Benefits

Act 1938 Parts IV, V and VB

”;

(e)	the Superannuation and Family Benefits Act 1938 Parts VA and VB

in paragraph (d) by deleting “Parts VA and VB of the “

”;

(f)	after paragraph (c) by deleting “and”.

11. Section 33B amended

Section 33B(3) is amended by deleting “section 33C —” and

inserting instead —

“ section 78 — ”.

12. Section 33C repealed

Section 33C is repealed.

13. Section 35 amended

Section 35(3) is repealed and the following subsection is

inserted instead —

State Superannuation Amendment Act 2007

Amendments to allow for transfer	Part 2
s. 14

“

(3)	Section 77 applies to any direction given under this section.

”.

14. Section 38 amended

(1)

Section 38(1) is repealed.

(2)

Section 38(2) is amended by deleting “subsection (1)

regulations may be made under subsection (1)” and inserting

instead —

“

section 79 but subject to this section, regulations may

be made under section 79

”.

(3)	Section 38(3) to (4b) are repealed and the following subsections are inserted instead —

“

(3)	Regulations cannot be made if they —

(a)	reduce the amount of a benefit that —

(i) accrued or became payable before the regulations came into operation; or

(ii) is, or may become, payable in relation to a period before the regulations came into operation;

(b)	reduce, or have the same effect as reducing —

(i)	the scheme continued by

in the case of the West State scheme or for any relevant benefit; or

(ii) in the case of the scheme continued by section 29(1)(c), the pension value factor for any Member of that scheme,

State Superannuation Amendment Act 2007

Part 2	Amendments to allow for transfer
s. 14

to less than it was immediately before

17 February 2001.

(4)	Subsection (3) does not apply if —

(a)	the Treasurer has certified that the Treasurer is satisfied that the change to be made by the regulations is a change that, if each scheme affected by the regulations were a regulated superannuation fund, would be permitted under the SIS Act to be made to the governing rules of that fund; or
(b)	the reduction would apply only in respect of Members who agree with the Board that the reduction is to apply in relation to them; or
(c)	the regulations would reduce or provide for the reduction of a Member’s benefit only if —

(i) a superannuation agreement, flag lifting agreement or splitting order is in force in respect of the Member; and

(ii) the reduction does not reduce the Member’s benefit to less than the Member’s entitlement under the

agreement or order.

”.

(4)	Section 38(5) is amended as follows:

(a)	in paragraph (a) by deleting “Act and” and inserting instead —

“ Part to the extent that ”;

(b)	by deleting “under subsection (1)”.

(5)	Section 38(6) and (7) are repealed and the following subsection is inserted instead —

State Superannuation Amendment Act 2007

Amendments to allow for transfer	Part 2
s. 15

“

(6)	Regulations may permit the Board to pay a pension or other benefit from the scheme continued by section 29(1)(c) for the purpose of —

(a)	giving effect to a payment split; or
(b)	(Superannuation) Regulations 2001

satisfying the requirements of the Family Law entitlement in respect of a superannuation interest in the scheme.

”.

(6)	Section 38(9) is amended as follows:

(a)	by deleting “subsection (4)” and inserting instead —

“ subsection (3) ”;

(b)	by deleting the definition of “commencement day”;
(c)	in the definition of “relevant benefit” by deleting “the commencement day” and inserting instead —

“ 17 February 2001 ”.

(7)	After section 38(9) the following subsection is inserted —

“

(10)	In this section each of the following terms has the meaning given in the Family Law Act 1975 (Commonwealth) section 90MD —

(a) “flag lifting agreement”; (b) “payment split”;

(d) “superannuation agreement”;

(e)	“superannuation interest”.

”.

State Superannuation Amendment Act 2007

Part 2	Amendments to allow for transfer
s. 15

15. Section 40 amended

Section 40 is amended by deleting “this Act and the regulations

made or applying under it” and inserting instead —

“ this Part and the regulations referred to in section 38 ”.

16. Parts 4 and 5 inserted

After section 40 the following Parts are inserted —

“

Part 4 — GESB Superannuation

Division 1 — Preliminary

41. Purpose of this Part

The purpose of this Part is to —

(a)	superannuation fund to replace the

provide for the establishment of a regulated Part 3; and

(b)	provide for the transfer of assets and liabilities of the State or the Board relating to those superannuation schemes to TrustCo, MutualCo or subsidiaries of either of them; and
(c)	enable and facilitate a convenient transition from those superannuation schemes to that fund.

42. Terms used in this Part

(1) In this Part —

“GESB Superannuation” means the superannuation fund established in accordance with section 45;

“MutualCo” means the company registered in

accordance with section 43;

State Superannuation Amendment Act 2007

Amendments to allow for transfer	Part 2
s. 16

“special member” means the person who is the

member of MutualCo in the special class of

membership referred to in section 43(3)(a);

“statutory fund” has the meaning “Fund” is given in

section 4E;

“statutory scheme” means a superannuation scheme

established by the State Superannuation before the transfer time, but does not include a superannuation scheme continued by section 29;

“TrustCo” means the company registered in

accordance with section 44.

(2)	In this Part each of the following terms has the meaning given in the Corporations Act section 9 —

(a)	“director”;

(b) “registered office”;

(c)	“special resolution”;

(d) “subsidiary”.

Division 2 — Formation of companies and

superannuation fund

43. Formation of MutualCo

(1)

The Board is to take the necessary steps to form a

company limited by guarantee and cause it to be

registered under the Corporations Act.

(2)

The company is to be formed and registered with —

(a)	one member, being the Treasurer as the special member; and
(b)	not less than 3 directors nominated by the Treasurer; and
(c)	a constitution that has been approved by the Treasurer.

State Superannuation Amendment Act 2007

Part 2	Amendments to allow for transfer
s. 16

(3)	The Treasurer must not approve a constitution unless satisfied that it contains provisions to the effect that —

(a)	the company, when formed, will have a special class of membership of the company to which class only the person who is for the time being the Treasurer can belong; and
(b)	if the special member resigns, the special class of membership referred to in paragraph (a) will terminate; and
(c)	while there is a special member, the special member will have a power to veto the exercise by the company or the directors of its or their power —

(i) to alter the constitution of the company; or

(ii) to appoint a person as a director of the company; or

(iii) to remove all of the directors of the company within any 12 month period; or

(iv) to form, acquire or dispose of a subsidiary after the transfer time; or

(v) as a holding company of TrustCo, to vote in favour of a resolution to alter the constitution of TrustCo; or

(vi) to raise capital or borrow money; or

(vii)

to alter or terminate an agreement section 47(3); or

(viii)

to appoint, under the trust deed for

GESB Superannuation, a new trustee of

that fund;

and

State Superannuation Amendment Act 2007

Amendments to allow for transfer	Part 2
s. 16

(d)	every person who becomes a member of GESB Superannuation will be eligible to become a member of the company unless ineligible because of a provision of the kind described in subsection (6); and
(e)	the company must not dispose of any of its shares in TrustCo unless the disposal is approved by special resolution; and
(f)	a person is not eligible to be a director of the company unless the person meets criteria for fitness and propriety that are, in the Treasurer’s
opinion, no less stringent than the criteria set out in the prudential standards made for the purposes of the Banking Act 1959 (Commonwealth) section 23(2)(b) for fitness and propriety of directors of authorised deposit taking institutions; and
(g)	the chairman of directors must be an independent director; and
(h)	more than half of the directors of the company must be independent directors.

(4)	In subsection (3)(g) and (h) —
“independent director” means a director who is

not —

(a)	an employee of the company or any subsidiary of the company; or
(b)	a director of the Board; or
(c)	a director of a subsidiary of the company; or
(d)	an employee as defined in the Public Sector Management Act 1994 section 3(1).

(5)	A constitution does not fail to satisfy the requirements of subsection (3)(a) only because it allows for a person who was the Treasurer to remain as the special member

State Superannuation Amendment Act 2007

Part 2

Amendments to allow for transfer

s. 16

until the person who succeeded him or her as Treasurer

becomes the special member.

(6)	The constitution of the company may provide that the eligibility for company membership of a person who becomes a member of GESB Superannuation, other than a person who becomes a member by operation of this Part, will or may be subject to —

(a)	the person having been a member of GESB Superannuation for a minimum period; or
(b)	the value of the person’s entitlements under GESB Superannuation being not less than a minimum amount,

being a period or amount set out in the constitution or

to be determined by the directors of the company in

accordance with the constitution.

44. Formation of TrustCo

(1)

The Board and MutualCo are to take the necessary

steps to form a subsidiary of MutualCo that is a

proprietary company limited by shares and cause it to

be registered under the Corporations Act.

(2)

The company is to be formed and registered with —

(a)	MutualCo as the only shareholder; and
(b)	not less than 3 directors nominated by the Treasurer; and
(c)	a constitution that has been approved by the Treasurer.

(3)	The Treasurer must not approve a constitution unless satisfied that it contains provisions to the effect that —

(a)

after the transfer time, the membership of the representation requirements set out in the SIS Act Part 9; and

State Superannuation Amendment Act 2007

Amendments to allow for transfer	Part 2
s. 16

(b)	more than half of the directors of the company must be independent directors.

(4) In subsection (3)(b) —

“independent director” means a director who is

not —

(a)	a director or employee of MutualCo; or
(b)	an employee of TrustCo; or
(c)	a director or employee of any subsidiary of MutualCo other than TrustCo.

45. Formation of GESB Superannuation

(1)

The Board, MutualCo and TrustCo are to as soon as

practicable take the necessary steps to establish a fund

that is a superannuation fund for the purposes of the

SIS Act.

(2)

The fund is to be established —

(a)	by a trust deed that has been approved by the Treasurer; and
(b)	with TrustCo as the first trustee of the fund.

(3)

The Treasurer must not approve a trust deed unless satisfied that compliance with the terms of the trust deed would not cause the trustee to contravene a

regulatory provision, as defined in the SIS Act

section 38A, in relation to the fund.

(4)

The Treasurer must not approve a trust deed unless

satisfied that the trust deed contains provisions to the

effect that, if the transfer time were the time when the

approval is given —

(a)	each existing member would be eligible to become a member of GESB Superannuation; and
(b)	existing members of each statutory scheme would become members in the class of

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membership in GESB Superannuation specified

in the deed in respect of that statutory scheme;

and

(c)	an existing member’s benefit entitlements as a member of GESB Superannuation, considered as a whole and disregarding any compliance
changes, would be no less favourable than the member’s existing benefit entitlements; and
(d)	an existing member’s obligations as a member of GESB Superannuation would be no greater than the member’s existing obligations; and
(e)	if it is necessary to appoint a new trustee the appointment is to be made by MutualCo.

(5) In subsection (4) —

“compliance change”, in relation to a member’s benefit entitlements, means an unfavourable change in those entitlements to the extent that it

would —

(a)	be necessary for compliance with, or occur as a consequence of the application of, the SIS Act, the Income Tax Assessment

Act 1936 (Commonwealth) or any other law of the Commonwealth; or

(b)	occur as a result of the member’s benefits ceasing to be benefits payable under a scheme for the purposes of section 31;

“existing” means existing under a statutory scheme at the time the Treasurer approves the trust deed.

46. Licences, approvals etc. to be obtained

(1)	The Board, MutualCo and TrustCo are to take the necessary steps to ensure that, as soon as is practicable —

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(a)

all necessary licences, approvals, registrations, have been issued, granted or obtained; and

(b)	all other requirements with which it is necessary to comply, have been complied with.

(2) In subsection (1) —

“necessary” means necessary, under a written law or a

law of the Commonwealth, to be done before the

transfer time, in order to enable GESB

Superannuation —

(a)	to function as a regulated superannuation fund from the transfer time; or
(b)	to become a complying superannuation fund in relation to the year of income in which the transfer time occurs.

47. Service agreements

(1)	The Board must, as soon as is practicable, prepare and submit to the Treasurer —

(a)

a draft of an agreement to be entered into by MutualCo and TrustCo for the provision by MutualCo to TrustCo of services relating to the

performance by TrustCo of its functions as

trustee of GESB Superannuation; and

(b)

a draft of an agreement to be entered into by MutualCo and the Board for the provision by MutualCo to the Board of services relating to the performance by the Board of its functions.

(2) The Treasurer may —

(a)	approve a draft agreement submitted under subsection (1); or
(b)	direct that it be amended and approve it in an amended form.

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(3)	As soon as is practicable after the Treasurer has approved a draft agreement MutualCo and TrustCo or the Board, as the case requires, are to enter into an agreement on the terms of the draft agreement approved by the Treasurer.

Division 3 — Continuing provisions relating to

MutualCo and TrustCo

48. Constitutions of MutualCo and TrustCo to include certain provisions

(1)	If the constitution of MutualCo or TrustCo does not contain express provisions compliance with which would necessarily involve compliance with a provision set out in the Table to this subsection, the constitution is to be taken to include the provision set out in the Table.

Table

1. The registered office and principal place of business of the company must be located in Western Australia.

2. More than half of the directors of the company must be ordinarily resident in Western Australia.

(2)	To the extent that they are governed by this section, the constitutions of MutualCo and TrustCo are declared to be excluded matters for the purposes of the
Corporations Act section 5F in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies.

49. MutualCo and TrustCo not agents of the State

MutualCo and TrustCo, and any subsidiary of either of

them, are not agents of the State and do not have the

status, immunities or privileges of the State.

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50. Use of names

(1)	MutualCo and TrustCo, and each subsidiary of either of them, are prohibited from using any name in connection with its business that suggests that it or GESB Superannuation is associated with the State.
(2)	The use in a name of the term “GESB” does not contravene subsection (1).
(3)	The use of the terms “West State” or “Gold State” in relation to the superannuation schemes referred to in section 29(1)(a) and (b), or divisions of GESB
Superannuation that replace those schemes, does not contravene subsection (1).

51. Non-compliance with veto provisions

(1) In this section —

“veto provision” means a provision of the constitution

of MutualCo that confers, or has the effect of

conferring, on the special member a power of veto

referred to in section 43(3)(c).

(2)	If MutualCo purports to exercise a power referred to in section 43(3)(c) and the veto provisions relating to the exercise of that power have not been complied with,
each director of MutualCo commits an offence.
Penalty: a fine of $100 000.
(3)	If a person is charged with an offence under subsection (2) it is a defence to prove that —

(a)	the purported exercise of the power occurred without the person’s consent or connivance; and
(b)	the person took all measures that he or she could reasonably be expected to have taken to prevent the purported exercise of the power.

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51A.

Notice of exercise of veto to be tabled

If the Treasurer exercises a power under a veto

provision, as defined in section 51, the Treasurer must,

within 14 days after the power is exercised —

(a)	give written notice to MutualCo confirming the exercise of the power; and
(b)

cause a copy of the notice to be laid before each section 78.

52. Review of special membership

(1)	The Treasurer is to carry out a review of the Treasurer’s special membership of MutualCo as soon as is practicable after —

(a)	the third anniversary of the transfer time; and
(b)	the expiry of each 3 yearly interval after that anniversary.

(2)	In the course of a review the Treasurer is to consider and have regard to —

(a)	the need for —

(i) the Treasurer to continue to be the special member; and

(ii) the continuation of section 51;

and

(b)	the effectiveness of the operations and performance of MutualCo, TrustCo and GESB Superannuation; and
(c)	the interests of members of GESB Superannuation; and
(d)	any other matters that appear to the Treasurer to be relevant.

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(3)

The Treasurer is to prepare a report based on the

review and, as soon as is practicable after the report is

prepared (and in any event not more than 12 months

after the relevant anniversary), cause it to be laid

before each House of Parliament or dealt with under

section 78.

(4)

Before a copy of the report is laid before Parliament

the Treasurer —

(a)	must provide MutualCo and TrustCo with a reasonable opportunity to identify any information contained in the report that the company considers is of a confidential or commercially sensitive nature; and
(b)	may exclude from the copy of the report to be laid before Parliament any such information identified by MutualCo or TrustCo.

(5)

If information is excluded from a copy of the report under subsection (4)(b), the copy of the report must contain a statement to that effect at the place in the report where the excluded information would have otherwise appeared.

(6)

If, after carrying out a review, the Treasurer determines that there is no need for the Treasurer to continue to be the special member, the Treasurer is to resign as the

special member in the manner provided in the

constitution of MutualCo not later than 30 working

days after the report is laid before Parliament.

53. Information to be provided in relation to review

(1) In this section —

“company” means MutualCo, TrustCo or a subsidiary

of either of them;

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“fund members” means the members referred to in

section 52(2)(c);

“regulator” means —

(a)	Commission under the Australian Securities

the Australian Securities and Investments (Commonwealth); or

(b)

the Australian Prudential Regulation

Authority under the Australian Prudential

Regulation Authority Act 1998

(Commonwealth); or

(c)

the Commissioner of Taxation under the (Commonwealth);

“relevant information” means information of any of

the following kinds that is specified, or of a

description specified, by the Treasurer —

(a)	information provided by a company to a regulator;
(b)	information given by a regulator to a company;
(c)	information that a company —

(i) has given to fund members or members of the company; or

(ii) would be required by written law or a law of the Commonwealth to give to a fund member or a member of the

company at the member’s request;

(d)	Superannuation Complaints Tribunal under the Superannuation (Resolution of

if a complaint has been made to the relation to a decision or conduct of a

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company, information relating to the

complaint —

(i) given by the company to the Tribunal; or

(ii) given by the Tribunal to the company,

but not including any information relating to any

fund member or member of the company

individually.

(2)	For the purpose of carrying out a review under section 52 the Treasurer is entitled —

(a)	to have any relevant information in the possession of a company; and
(b)	to make and retain copies of that information.

(3)	For the purposes of subsection (2) the Treasurer may request a company to —

(a)	give relevant information to the Treasurer; or
(b)	give the Treasurer access to relevant information.

(4)

A company must comply with a request given to it

under subsection (3) except to the extent that to do so

would cause the company to contravene another

written law or a law of the Commonwealth.

(5)

If a company is given a request under subsection (3)

and —

(a)	after the company has complied with the request; but
(b)	before the Treasurer’s report on the review is tabled in accordance with section 52(3),

further relevant information of the kind requested

comes into the possession of the company, the

company must comply with the request in respect of

that further information.

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54. Expiry of certain sections when special membership ceases

(1)

Before, or as soon as is practicable after, the Treasurer resigns as the special member, the Treasurer is to cause a notice of that fact to be published in the Gazette.

(2)

Sections 51 to 54 expire at the end of the day that is the

later of —

(a)	the day on which that notice is published; and
(b)	the day on which the Treasurer resigns as the special member.

Division 4 — Transfer

Subdivision 1 — Preliminary

55. Terms used in this Division

In this Division —

“asset” means any property of any kind, whether

tangible or intangible, real or personal and, without limiting that meaning, includes —

(a)	a chose in action; or
(b)	goodwill; or
(c)	a right, interest or claim of any kind,

whether arising from, accruing under, created or

evidenced by or the subject of, a document or

otherwise and whether liquidated or unliquidated,

actual, contingent or prospective;

“assignee” means —

(a)

in relation to an asset or liability specified in a transfer order under section 57(1)(a) or (b), the person specified in the order as the

person to whom the asset or liability is to be

assigned; or

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(b)	in relation to a liability assigned by operation of section 58(b), TrustCo; or
(c)	in relation to proceedings specified in a transfer order under section 57(1)(c), the person specified in the order as the person who is to be substituted for the Board as a party to the proceedings; or
(d)	specified in a transfer order under

in relation to an agreement or document order as the person a reference to whom is to be treated as being substituted for a reference in the agreement or document to the Board;

“liability” means any liability, duty or obligation

whether liquidated or unliquidated, actual,

contingent or prospective, and whether owed alone

or jointly or jointly and severally with any other

person;

“right” means any right, power, privilege or immunity whether actual, contingent or prospective but does not include any privilege or immunity enjoyed as

an agent of the State except to the extent that it relates to anything done or omitted to be done before the transfer time;

“transfer order” means an order made under

section 57;

“transferring member” means a person who becomes

a member of GESB Superannuation by operation

of section 59(1)(a).

Subdivision 2 — Transfer of statutory schemes

56. Treasurer to fix transfer time

(1)	The Treasurer may, by order published in the Gazette, fix the transfer time.

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(2)	The Treasurer must not make an order under subsection (1) unless the Treasurer has received from an actuary a certificate —

(a)	given not more than 30 working days before the time to be fixed as the transfer time; and
(b)	certifying that the actuary considers that if the transfer time were the time when the certificate is given, the assets assigned by operation of section 58 to TrustCo as trustee of GESB Superannuation would be sufficient and appropriate to enable TrustCo to meet its obligations as trustee of GESB Superannuation.

(3)	In giving a certificate for the purposes of subsection (2) an actuary is to have regard to —

(a)	the type and value of the assets and liabilities to be assigned by operation of section 58 to TrustCo as trustee of GESB Superannuation; and
(b)	the investment options selected by members of the statutory schemes; and
(c)	the level of reserves the actuary reasonably considers a prudent trustee of GESB Superannuation would, in the ordinary course of the prudent management of the fund, maintain.

(4)	The Treasurer is to cause a copy of —

(a)	the transfer order; and
(b)	the actuarial certificate referred to in subsection (2); and
(c)	any other actuarial advice received by the Treasurer in relation to the assets and liabilities to be assigned by operation of section 58; and
(d)	the order made under subsection (1),

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to be laid before each House of Parliament or dealt

with under section 78 within 3 working days after the

order made under subsection (1) is published in the

Gazette.

57. Treasurer to make transfer order

(1)	For the purpose of this Part the Treasurer may, by one or more orders published in the Gazette, specify —

(a)	the assets —

(i) in the statutory fund; or

(ii) of the Board that are not in the statutory fund,

that are to be assigned by operation of

section 58(a) to the person specified in the

order; and

(b)	any liability of the Board —

(i) not arising under a statutory scheme; or

(ii) arising under a statutory scheme but that will not be assigned by operation of section 58(b),

that is to be assigned by operation of

section 58(c) to the person specified in the

order; and

(c)	any proceedings in which the person specified in the order is to be substituted by operation of section 58(d) for the Board as a party to the

proceedings; and

(d)	any agreement or document relating to an asset or liability that is to be assigned by operation of section 58 that, unless otherwise expressly

specified in the order, is to be taken to be amended by operation of section 58(e) by substituting for a reference in it to the Board a

reference to the person specified in the order.

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(2)

The person specified in a transfer order may be

MutualCo or TrustCo or a subsidiary of either of them.

(3)

A transfer order may specify a thing by describing it as

a member of a class of things.

(4)

A transfer order may specify a thing by reference to a schedule that need not be published in the Gazette but must be —

(a)	signed by the Treasurer; and

(b) available for public inspection.

(5)

Anything specified in a schedule referred to in a

transfer order is taken to be specified in the order.

(6)

The Treasurer may, by order published in the Gazette,

amend a transfer order, or a schedule referred to in a

transfer order, to correct —

(a)	a clerical mistake; or
(b)	an accidental slip or omission; or
(c)	the misdescription of a person or thing.

(7)	A transfer order, or an order under subsection (6), can only be made before the transfer time.

58. Transfer of assets, liabilities etc.

At the transfer time, by operation of this section —

(a)	an asset specified in a transfer order under section 57(1)(a) is assigned to the assignee; and
(b)	every liability of the Board or of the State to pay a benefit arising under a statutory scheme to or in relation to a transferring member is assigned to, and becomes a liability of, TrustCo as trustee of GESB Superannuation; and

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(c)	a liability specified in a transfer order under section 57(1)(b) is assigned to, and becomes a liability of, the assignee; and
(d)	in proceedings specified in a transfer order under section 57(1)(c) the assignee is substituted for the Board as a party to the proceedings; and
(e)	an agreement or document specified in a transfer order under section 57(1)(d) is, unless otherwise expressly specified in the order, taken to be amended by substituting for any reference in it to the Board a reference to the assignee.

59. Transfer of members

(1)	At the transfer time, by operation of this section, a person who was, immediately before the transfer time, a member of a statutory scheme —

(a)	becomes a member of GESB Superannuation; and
(b)	ceases to be a member of the statutory scheme.

(2)

The Board and MutualCo are to take the necessary

steps to ensure that at the transfer time every

transferring member becomes a member of MutualCo.

(3)

For the purposes of subsection (2), the Board is

appointed as attorney for each person who is a member

of a statutory scheme for the purpose of executing any

documents the Board considers necessary or

desirable —

(a)	to enable that person, if he or she becomes a transferring member, to become a member of MutualCo; and
(b)	to nominate for the person how MutualCo may send or make available to the person notices,

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reports and other communications that

MutualCo is required under the Corporations

Act to send to members of the company.

60. Effect on rights, remedies etc.

After the transfer time —

(a)	any proceedings that might have been commenced by or against the Board or the State in relation to an asset or liability assigned by operation of section 58 —

(i) may be commenced by or against the assignee; and

(ii) cannot be commenced by or against the Board or the State;

and

(b)	any remedy that would have been available to or against the Board or the State in relation to an asset or liability assigned by operation of

section 58 —

(i) is available to or against the assignee; and

(ii) is not available to or against the Board or the State;

and

(c)

anything relating to an asset or liability assigned by operation of section 58 that was done or omitted to be done by, to, or in respect of, the Board or the State before the transfer time and is of any ongoing effect is to be taken to have been done or omitted to be done by, to, or in respect of, the assignee.

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Subdivision 3 — General provisions relating to transfer

61. Notification and registration of assignment

(1) In this section —

“assigned property” means an asset or liability

assigned by operation of this Division;

“registrar” means —

(a)	a WA registrar; or
(b)	a person authorised or required by a law of a place outside the State to record and give effect to the registration of documents relating to transactions affecting assigned property;

“WA registrar” means —

(a)	the Registrar of Titles; or
(b)	the Registrar of Deeds and Transfers; or
(c)	the Minister administering the Mining Act 1978; or
(d)	any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting

assigned property.

(2)

A WA registrar is to take notice of this Division and

record and register in the appropriate manner the

documents necessary to show the effect of this

Division.

(3)

A person to whom assigned property is assigned by

operation of this Division is to cause to be delivered to

each registrar, in a form acceptable to the registrar, all

the information the registrar needs in order to record

and register the documents necessary to show the effect

of this Division in relation to that property.

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62. Completion of necessary transactions

If there is any impediment to any provision of this

Division having effect (whether because a matter is

governed otherwise than by the law of the State, or for

any other reason), the Treasurer, the Board, MutualCo,

TrustCo and each other person to whom anything is

assigned by operation of this Division are to take all

practicable steps to ensure that the effect sought to be

achieved by that provision is achieved as close as

possible to the transfer time.

63. Arrangements for custody and use of records

The Board, MutualCo, TrustCo and each other person

to whom anything is assigned by operation of this

Division are to make arrangements for the delivery or

sharing of, and access to, documents and other records

(however compiled, recorded or stored) that relate to

any of the following —

(a)	anything assigned by operation of this Division or otherwise affected by this Division;
(b)	a scheme affected by this Division;
(c)	a person who becomes a member of GESB Superannuation by operation of this Division.

64. Stamp duty and other taxes

(1) In this section —

“foreign tax” means a tax, duty, fee, levy or charge

under a law of a place outside the State;

“relevant act” means anything —

(a)	that occurs by operation of this Division; or
(b)	done —

(i) under this Division; or

(ii) to give effect to this Division; or

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(iii) for a purpose connected with, or arising out of, giving effect to this Division,

including a transaction entered into or an instrument or document of any kind made, executed, lodged or given.

(2)	Stamp duty under the Stamp Act 1921 is not chargeable in relation to a relevant act.
(3)	Any foreign tax payable in relation to a relevant act is to be paid by the Board and charged to the statutory fund under section 15(2)(c).
(4)	The Treasurer or a person authorised by the Treasurer may, at the request of the Board or a person who would, but for subsection (2) or (3), be liable to pay stamp duty or foreign tax in relation to a relevant act, certify in writing that a specified thing was a relevant act.
(5)	For all purposes and in all proceedings, a certificate under subsection (4) is conclusive evidence of the matters it certifies, except so far as the contrary is shown.

Division 5 — Transfer of staff

65. Terms used in this Division

(1) In this Division —

“department” means the department of the Public

Service principally assisting in the administration of this Act;

“election” means an election made in accordance with

section 67;

“industrial instrument” means an award, order,

agreement or other instrument relating to terms

and conditions of employment that applies under

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the Industrial Relations Act 1979 or the Workplace

Relations Act 1996 (Commonwealth);

“protected matter” means any of the following —

(a)	remuneration;
(b)	leave;
(c)	workload management;
(d)	working hours;
(e)	flexible working arrangements;
(f)	professional development;

“transferred employee” means a person who becomes

an employee of MutualCo by operation of

section 66(1).

(2)	In this Division each of the following terms has the meaning given in the Public Sector Management Act 1994 section 3(1) —

(a)	“employing authority”;

(b) “permanent officer”;

66. Transfer of staff to MutualCo

(1)	At the transfer time —

(a)	each person employed as a public service officer in accordance with section 11(1) or as the chief executive officer of the Board becomes an employee of MutualCo employed under a contract of employment between the person and MutualCo; and
(b)	each person employed by the Board under section 11(2) other than on a casual basis becomes an employee of MutualCo which is

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substituted for the Board as a party to the

person’s contract of employment,

unless, at that time, the person’s employment

terminates other than by operation of this Division.

(2)	A transferred employee’s contract of employment is to be taken to include each term or condition that —

(a)	applied to the person immediately before the transfer time under a contract of employment or industrial instrument; and
(b)	relates to a protected matter.

(3)	A transferred employee’s rights against MutualCo include each accruing or accrued right that —

(a)	the person had immediately before the transfer time under a contract of employment or industrial instrument; and
(b)	relates to a protected matter.

(4)

For the purpose of working out when an accruing right

referred to in subsection (3) accrues the person’s

employment in the public sector is to be taken to have

been employment with MutualCo.

(5)

Despite subsections (2) and (3) —

(a)	a person’s contract of employment with MutualCo does not include a term or condition; and
(b)	a person’s rights against MutualCo do not include a right,

to the extent that it requires or permits contributions to

be made by or for the person to a particular

superannuation scheme or to a particular type of

superannuation scheme.

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(6)

Nothing in this section prevents the subsequent

variation or replacement of a term, condition or right

referred to in subsection (2) or (3).

(7)

The regulations referred to in the Public Sector

Management Act 1994 section 94 do not apply in

relation to a change of employment effected by

operation of subsection (1).

67. Election as to employment

(1)	A transferred employee may elect, by giving written notice to MutualCo, to —

(a)	remain an employee of MutualCo; or
(b)	return to the public sector.

(2)

An election cannot be made after the person has

become entitled to a transition payment under

section 68.

(3)

An election cannot be withdrawn or revoked.

68. Transition payment for staff not electing to return

(1)	A transferred employee becomes entitled to a transition payment if —

(a)	the person elects to remain an employee of MutualCo; or
(b)	the person enters into a contract of employment with MutualCo that replaces the contract referred to in section 66(1); or
(c)	a period of 12 months has expired after the end of the day on which the transfer time occurs and the person has neither —

(i) elected to return to the public sector; nor

(ii) become entitled to a transition payment under paragraph (a) or (b).

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(2)	When a person becomes entitled to a transition payment the Board is to pay the person the amount determined by the Treasurer on the recommendation of the Minister for Public Sector Management.

69. Arrangements for return to public sector

(1)

As soon as is practicable after a person elects to return

to the public sector MutualCo is to notify the

employing authority of the department of that election.

(2)

MutualCo and the employing authority are to make the

necessary arrangements to facilitate the operation of

section 70.

(3)

MutualCo is to comply with any requirements of the

Treasurer’s instructions issued under the Financial

Management Act 2006 section 78 relating to the

making of payments by an employing authority for

liabilities relating to employees whose employing

authority changes as if —

(a)	MutualCo were an employing authority to which those instructions applied; and
(b)	each person who elects to return to the public sector were an employee to whom those instructions applied.

(4)	If the employing authority incurs costs as a result of the operation of section 70 the Treasurer may direct the Board, under section 71, to pay an amount from the statutory fund to the employing authority to reimburse the employing authority for any or all of those costs.

70. Employment in public sector

(1)	When a person elects to return to the public sector the person —

(a)	ceases to be an employee of MutualCo; and

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(b) becomes —

(i) if the person was, immediately before the transfer time, a permanent officer — a permanent officer in the department; or

(ii) if the person was, immediately before the transfer time, employed for a fixed term (the “pre-transfer term”) — a

term officer in the department for a term

that expires on the day on which the

person’s pre-transfer term would have

expired.

(2)	For the purposes of the Public Sector Management Act 1994 a person who becomes a public service officer under subsection (1)(b) is to be taken to have held an office, post or position in the department that —

(a)	was at the same level of classification as the substantive office, post or position held by the person immediately before the transfer time; and

(b) has been abolished.

(3)

When a person becomes a public service officer under

subsection (1)(b) the person’s entitlement to leave

includes any accrued leave to which the person was

entitled as an employee of MutualCo immediately

before becoming a public service officer.

(4)

Nothing in this section prevents the subsequent

variation or replacement of a term, condition or right

relating to the person’s employment in the department.

State Superannuation Amendment Act 2007

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s. 16

Division 6 — General

71. Treasurer may give directions

(1)	The Treasurer may give directions in writing to the Board requiring it to take any step that the Treasurer considers necessary or convenient for the purpose of giving effect to this Part.
(2)	The Board must comply with a direction given to it under subsection (1).
(3)	This section applies despite the Statutory Corporations (Liability of Directors) Act 1996 section 6(a) and a direction given under this section is not unlawful for the purposes of Part 3 Division 4 of that Act.
(4)	Section 77 applies to a direction given under this section.

72. Power to remedy insufficiency

(1)

If the Treasurer is satisfied that the assets assigned by

operation of this Part to TrustCo as trustee of GESB

Superannuation were not, at the time they were

assigned, sufficient or appropriate to enable TrustCo to

meet its obligations as trustee of GESB

Superannuation, the Treasurer may take any action the

Treasurer considers appropriate to remedy the

insufficiency or inappropriateness.

(2)

Without limiting the action that may be taken under subsection (1), the Treasurer may direct the Board, under section 71, to —

(a)	transfer assets in the statutory fund to TrustCo; or
(b)	pay an amount from the statutory fund to a person.

(3)	This section expires when section 54 expires.

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73. General powers of Treasurer and Board

(1)

The Treasurer and the Board may do, in the State or

elsewhere, anything necessary or convenient to be done

for the purpose of giving effect to this Part.

(2)

If there is a conflict or inconsistency between —

(a)	a function of the Board under this Part; and
(b)	a function of the Board under any other provision of this Act,

the function under this Part prevails.

74. Use of Board’s staff and facilities

Until the transfer time the Board may make available to

MutualCo or TrustCo —

(a)	any member of staff of the Board; and
(b)	any facilities or services of the Board,

on terms, including as to payment, agreed between the

Board and the company.

75. No fees payable by members transferred to GESB Superannuation

No fee or charge is payable by a person who becomes a

member of GESB Superannuation by operation of this

Part in relation to anything —

(a)	that occurs by operation of this Part; or

(b) done —

(i) under this Part; or

(ii) to give effect to this Part; or

(iii) for a purpose connected with, or arising out of, giving effect to this Part.

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Part 5 — General

77.	Supplementary provision about Ministerial directions

(1) In this section —

“direction” means a direction given to the Board

under a provision of this Act that provides for this

section to apply to a direction given under that

provision;

“Minister”, in relation to a direction, means the

Minister who gave the direction.

(2)	Subject to this section, a direction becomes effective on the expiry of 7 days after the Board receives it or of such longer period as the Minister may, at the Board’s request, determine.
(3)	If the Board asks the Minister to extend the 7 day period under subsection (2), the Minister must decide whether or not to agree to the request and notify the Board of that decision before the 7 day period has expired.
(4)	If a direction is the subject of a notice under the Statutory Corporations (Liability of Directors) Act 1996 section 17, it does not become effective
before it is confirmed under that section or the expiry of any extension of time notified under subsection (2).
(5)	Despite the Statutory Corporations (Liability of Directors) Act 1996 section 17(4), the Minister may, when confirming a direction under that section, extend the time for the direction to become effective and is to notify the Board of the extension.
(6)	The Minister must cause a copy of a direction to be laid before each House of Parliament or dealt with under section 78 —

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(a)	within 14 days after the direction is given; or
(b)	if the direction is the subject of a notice under the Statutory Corporations (Liability of Directors) Act 1996 section 17, within 14 days after it is confirmed under that section.

(7)	The text of a direction is to be included in the annual report submitted by the accountable authority of the Board under the Financial Management Act 2006
Part 5.

78. Supplementary provision about laying documents before Parliament

(1)	If a provision of this Act requires a person to cause a document to be laid before each House of Parliament or dealt with under this section within a period and —

(a)	at the commencement of the period, a House of Parliament is not sitting; and
(b)	the person is of the opinion that the House will not sit during that period,

the person must transmit a copy of the document to the

Clerk of that House.

(2)

A copy of a document transmitted to the Clerk of a

House is to be regarded as having been laid before that

House.

(3)

The laying of a copy of a document that is to be

regarded as having occurred under subsection (2) is to

be recorded in the Minutes, or Votes and Proceedings,

of the House on the first sitting day of the House after

the Clerk received the copy.

79. Regulations

(1)	The Governor may make regulations prescribing all matters that are required or permitted by this Act or the

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s. 17

State Superannuation (Transitional and Consequential Provisions) Act 2000 section 26 to be prescribed, or are necessary or convenient to be prescribed for giving

effect to the purposes of this Act.

(2)

Regulations that prescribe an authority, body or person

for the purposes of the definition of “Employer” may

specify as the day on which they come into operation a

day that is earlier than the day on which they are

published in the Gazette.

(3)

Regulations of the kind referred to in subsection (2) cannot be made if they will or may affect a person, except the Crown or an Employer, by —

(a)	prejudicing rights that existed before the regulation was published; or
(b)	imposing liabilities in respect of anything that occurred before the regulation was published.

”.

17. Schedule 1 amended

Schedule 1 clause 6(1)(c) is amended by deleting “Corporations

Act 2001 of the Commonwealth” and inserting instead —

“ Corporations Act ”.

18. Schedule 2 amended

(1)

Schedule 2 clause 9(1)(b) is amended by deleting “or to the

former Superannuation Board constituted under the S&FB Act”.

(2)

Schedule 2 clause 9(2)(e) is amended by deleting “Corporations

Act 2001 of the Commonwealth)” and inserting instead —

“ Corporations Act) ”.

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s. 19

19. Conjunctions inserted

(1)

After each of the provisions listed in the Table to this subsection

the following is inserted —

“ and ”.

Table

s. 6(2)(a)	s.	19(2)(a), (b), (b)(i),
s. 8(1)(a)	(b)(ii), (c) and (d)

s. 10(2)(a)	s. 24(1)(a)
s. 15(1)(a), (b) and (c)	s. 33(1)(a)
Sch. 2 cl. 4(a)

(2)

After each of the provisions listed in the Table to this subsection

the following is inserted —

“ or ”.

Table

s. 3(1) (defn. of

Sch. 1 cl. 6(1)(a) and (b),

“Employer” para. (a)	(2)(a), (b), (c), (d)
and (b))	and (e)

s. 26(1)(a) and (b)	Sch. 2 cl. 3(a)
s. 34(4)(a), (b) and (c)	Sch. 2 cl. 9(1)(a),

(2)(a), (b) and (c)

36(4) (defn. of

“beneficiary” para. (a))

Sch. 2 cl. 10(3)(a)

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Amendments at transfer time	Part 3
s. 20

Part 3 — Amendments at transfer time

20. Section 3 amended

Section 3(1) is amended as follows:

(a)	in the definition of “Board” by deleting “Government Employees” and inserting instead —

“ State ”;

(b)	by deleting the definition of “GES Act”.

21. Part 2 inserted

After section 4 the following Part is inserted —

“

Part 2 — Employer contribution obligation

4A.	Terms used in this Part

(1) In this Part —

“chosen fund” means a fund chosen by an employee

in accordance with the SGA Act Part 3A

Division 4;

“employee” has the meaning given in the SGA Act

section 12;

“fund” has the meaning given in the SGA Act

section 32E;

“individual superannuation guarantee shortfall” has

the meaning given in the SGA Act section 19;

“prescribed fund”, in relation to an employee, means

the fund prescribed by the regulations for that

employee;

“SGA Act” means the Superannuation Guarantee

(Administration) Act 1992 (Commonwealth);

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s. 21
“superannuation guarantee charge” means the

charge imposed by the Superannuation Guarantee

Charge Act 1992 (Commonwealth).

(2)	For the purposes of this Part an employee is to be regarded as an employee of the person or body prescribed by the regulations for that employee.

4B.	Employers to make contributions

(1)

An Employer must make contributions to the

prescribed fund for each of its employees such that the

Employer will avoid incurring an individual

superannuation guarantee shortfall for the employee.

(2)

If an Employer becomes liable to pay the

superannuation guarantee charge as a result of

incurring an individual superannuation guarantee

shortfall for an employee for a period, the Employer’s

obligation under subsection (1) to contribute for that

employee for that period ceases.

(3)

This section does not apply in relation to an employee

who is in a class of employees prescribed by the

regulations.

4C.	Regulations may require extra contributions
Regulations made under section 79 may require an Employer to make contributions to a fund in addition to any contributions the Employer is required to make under section 4B or any other written law.
4D.	No contributions to other funds
An Employer must not make contributions for an employee to a fund other than the prescribed fund unless the Treasurer has approved the making of those
contributions.

”.

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s. 22

22. Section 4E amended

(1)	Section 4E(1) is amended as follows:

(a)	by deleting “the Schedules —” and inserting instead —

“ Schedules 1 and 2 — ”;

(b)	in the definition of “Fund” by deleting “Government Employees” and inserting instead —

“ State ”;

(c)	in the definition of “scheme” by deleting “or established under this Part”;
(d)	by deleting the definition of “subsidiary”.

(2)	Section 4E(2) is repealed.

23. Division heading amended

The heading to Part 3 Division 2 is amended by deleting

“Government Employees” and inserting instead —

“ State ”.

24. Section 5 amended

(1)	Section 5(1) is repealed and the following subsection is inserted instead —

“

(1)	There is a body called the State Superannuation Board.

”.

(2)	Section 5(3) is repealed and the following subsection is inserted instead —

“

(3)	The Board is a continuation of, and the same legal entity as, the body that was, before the transfer time, called the Government Employees Superannuation Board.

”.

Note:

The heading to section 5 will be altered by deleting “Government

Employees” and inserting instead “State”.

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s. 25

25. Section 6 amended

(1)	Section 6(1) is amended as follows:

(a)	after paragraph (c) by inserting —

“

(ca)	with the approval of the Treasurer, administer any other superannuation scheme established by or under a written law; and

”;

(b)	by deleting paragraph (e) and “and” after it and inserting instead —

“

(e)	facilitate the provision of services to members of superannuation schemes administered by the Board and to Employers; and

”.

(2)	Section 6(3) is amended by inserting after “trading names” —

“

, being names that are not, and do not include, the term “GESB”

”.

26. Section 7 amended

(1)

Section 7(2)(c), (ca), (d), (e) and (f) and “and” after each of

them are deleted.

(2)

After section 7(3) the following subsection is inserted —

“

(4)	Without limiting subsection (1) the Board may charge a fee for administering a superannuation scheme of a kind referred to in section 6(1)(ca).

”.

27. Sections 7A and 7B repealed

Sections 7A and 7B are repealed.

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Amendments at transfer time	Part 3
s. 28

28. Section 8 amended

Section 8(1) is repealed and the following subsections are

inserted instead —

“

(1)	The Board comprises the prescribed number of directors —

(a)	of whom one is to be appointed by the Governor as chairman on the nomination of the Treasurer; and
(b)	of the others of whom —

(i) half are to be appointed by the Governor as Employer directors; and

(ii) half are to be elected or appointed in accordance with the regulations as Member directors.

(1a)	The number prescribed for the purposes of subsection (1) must be an odd number not exceeding 7.

”.

29. Section 11 replaced

Section 11 is repealed and the following section is inserted

instead —

“

11. Use of government staff and facilities

(1)	The Board may by arrangement with the relevant employer make use, either full-time or part-time, of the services of any officer or employee —

(a)	in the Public Service; or
(b)	in a State agency; or
(c)	otherwise in the service of the State.

(2)	The Board may by arrangement with —

(a)	a department of the Public Service; or

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s. 30
(b) a State agency,
make use of any facilities of the department or agency.

(3)	An arrangement under subsection (1) or (2) is to be made on terms, including as to payment, agreed to by the parties.

”.

30. Section 12 amended

Section 12(1) is amended by deleting “section 23” and inserting

instead —

(c)

“right”.

75I.	Licences, approvals etc. to be obtained

(1)	The Board, MutualCo and TrustCo are to take the necessary steps to ensure that, as soon as is practicable —

(a)

all necessary licences, approvals, registrations, have been issued, granted or obtained; and

(b)	all other requirements with which it is necessary to comply, have been complied with.

(2) In subsection (1) —

“necessary” means necessary, under a written law or a

law of the Commonwealth, to be done before the separation time, in order to enable the West State scheme to function as a regulated superannuation fund from the separation time.

75J.	Service agreement

(1)	The Board must, as soon as is practicable, prepare and submit to the Treasurer a draft of an agreement to be entered into by MutualCo and TrustCo for the provision by MutualCo to TrustCo of services relating

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to the performance by TrustCo of its functions as

responsible entity.

(2) The Treasurer may —

(a)	approve a draft agreement submitted under subsection (1); or
(b)	direct that it be amended and approve it in an amended form.

(3)	As soon as is practicable after the Treasurer has approved a draft agreement MutualCo and TrustCo are to enter into an agreement on the terms of the draft agreement approved by the Treasurer.

75K.	Treasurer to fix separation time

(1)

The Treasurer may, by order published in the Gazette,

fix the separation time.

(2)

The time fixed under subsection (1) must not be before

the transfer time.

(3)

The Treasurer must not make an order under

subsection (1) unless the Treasurer has received from

an actuary a certificate —

(a)	given not more than 30 working days before the time to be fixed as the separation time; and
(b)	certifying that the actuary considers that if the separation time were the time when the certificate is given, the assets allocated by operation of section 75M(a) to the West State Fund would be sufficient and appropriate to enable the responsible entity to meet its obligations under the governing rules.

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(4)	In giving a certificate for the purposes of subsection (3) an actuary is to have regard to —

(a)	the type and value of the assets to be allocated by operation of section 75M(a) to the West State Fund; and
(b)	the type and value of the assets and liabilities to be assigned by operation of section 75N to TrustCo as the responsible entity; and
(c)	the investment options selected by West State members; and
(d)	the level of reserves the actuary reasonably considers a prudent trustee would, in the ordinary course of the prudent management of the West State scheme, maintain; and
(e)	any indemnity or guarantee given under section 75Q.

(5)

The Treasurer must not make an order under

subsection (1) unless the constitution of MutualCo

contains provisions to the effect that while there is a

special member, as defined in section 42, the special

member will have a power to veto the exercise by the

company or the directors of its or their power —

(a)	to alter or terminate the agreement entered into in accordance with section 75J(3); or
(b)	to appoint, under the governing rules, a new responsible entity.

(6)	The Treasurer is to cause a copy of —

(a)	the separation order; and
(b)	the actuarial certificate referred to in subsection (3); and

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(c)	any other actuarial advice received by the Treasurer in relation to —

(i) the assets to be allocated by operation of section 75M(a); or

(ii) the assets and liabilities to be assigned by operation of section 75N;

and

(d)	the order made under subsection (1),

to be laid before each House of Parliament or dealt

with under section 78 within 3 working days after the

order made under subsection (1) is published in the

Gazette.

75L.	Treasurer to make separation order

(1)	For the purpose of this Part the Treasurer may, by one or more orders published in the Gazette, specify —

(a)	the assets in the statutory fund that are to be allocated by operation of section 75M(a) to the West State Fund; and

(b) any assets —

(i) in the statutory fund; or

(ii) of the Board that are not in the statutory fund,

that are to be assigned by operation of

section 75N(a) to the person specified in the

order; and

(c)	any liability of the Board —

(i) not arising under the West State scheme; or

(ii) arising under the West State scheme but that will not be assigned by operation of section 75N(b),

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that is to be assigned by operation of

section 75N(c) to the person specified in the

order; and

(d)	any proceedings in which the person specified in the order is to be substituted by operation of section 75N(d) for the Board as a party to the

proceedings; and

(e)	any agreement or document relating to transferred property that, unless otherwise expressly specified in the order, is to be taken to be amended by operation of section 75N(e) by substituting for a reference in it to the Board a reference to the person specified in the order.

(2)

The person specified in a separation order may be

MutualCo or TrustCo or a subsidiary of either of them.

(3)

A separation order may specify a thing by describing it

as a member of a class of things.

(4)

A separation order may specify a thing by reference to

a schedule that need not be published in the Gazette but

must be —

(a)	signed by the Treasurer; and

(b) available for public inspection.

(5)

Anything specified in a schedule referred to in a

separation order is taken to be specified in the order.

(6)

The Treasurer may, by order published in the Gazette, amend a separation order, or a schedule referred to in a separation order, to correct —

(a)	a clerical mistake; or
(b)	an accidental slip or omission; or
(c)	the misdescription of a person or thing.

(7)	A separation order, or an order under subsection (6), can only be made before the separation time.

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75M.	Allocation of assets to sub-funds
At the separation time —

(a)	section 75L(1)(a) are allocated to and constitute

the assets specified in a separation order under section 14(3)(b); and

(b)	the other assets in the statutory fund are allocated to and constitute the Defined Benefit Fund referred to in section 14(3)(a).

75N.	Transfer of other assets, liabilities etc.
At the separation time, by operation of this section —

(a)	an asset specified in a separation order under section 75L(1)(b) is assigned to the assignee; and
(b)

every liability of the Board or of the State to scheme to or in relation to a West State member is assigned to, and becomes a liability of, TrustCo as the responsible entity; and

(c)	a liability specified in a separation order under section 75L(1)(c) is assigned to, and becomes a liability of, the assignee; and
(d)	in proceedings specified in a separation order under section 75L(1)(d) the assignee is substituted for the Board as a party to the proceedings; and
(e)	an agreement or document specified in a separation order under section 75L(1)(e) is, unless otherwise expressly specified in the order, taken to be amended by substituting for any reference in it to the Board a reference to the assignee.

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75O.	West State members to become members of MutualCo

(1)	The Board and MutualCo are to take the necessary steps to ensure that —

(a)	the constitution of MutualCo contains provisions to the effect that every person who is a West State member at the separation time will be eligible to become a member of the company; and
(b)	at the separation time every West State member becomes a member of MutualCo.

(2)	For the purposes of subsection (1)(b), the Board is appointed as attorney for each person who is a West State member for the purpose of executing any documents the Board considers necessary or desirable —

(a)	to enable that person, if he or she is a West State member at the separation time, to become a member of MutualCo; and
(b)	to nominate for the person how MutualCo may send or make available to the person notices, reports and other communications that MutualCo is required under the Corporations Act to send to members of the company.

75P.	Effect on rights, remedies etc.
After the separation time —

(a)	any proceedings that might have been commenced by or against the Board or the State in relation to transferred property —

(i) may be commenced by or against the assignee; and

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(ii) cannot be commenced by or against the Board or the State;

and

(b)	any remedy that would have been available to or against the Board or the State in relation to transferred property —

(i) is available to or against the assignee; and

(ii) is not available to or against the Board or the State;

and

(c)

anything relating to transferred property that was done or omitted to be done by, to, or in respect of, the Board or the State before the separation time and is of any ongoing effect is

to be taken to have been done or omitted to be

done by, to, or in respect of, the assignee.

75Q.	Treasurer may give indemnity or guarantee

(1)	The Treasurer may, in the name and on behalf of the State, give to the responsible entity —

(a)	an indemnity against liability for; or
(b)	a guarantee of payment in respect of,

any financial obligations of the responsible entity

relating to the payment of benefits to or in respect of

West State members.

(2)

An indemnity or guarantee is to be in the form, and on the terms and conditions, determined by the Treasurer.

(3)

The due payment of money payable by the Treasurer

under an indemnity or guarantee is to be charged to the

Consolidated Account, which this subsection

appropriates accordingly.

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(4)	The Treasurer is to cause any amounts received or recovered, from the responsible entity or otherwise, in respect of any payment made by the Treasurer under an indemnity or guarantee to be credited to the Consolidated Account.

75R.	Notification and registration of assignment

(1) In this section —

“registrar” means —

(a)	a WA registrar; or
(b)	a person authorised or required by a law of a place outside the State to record and give effect to the registration of documents relating to transactions affecting transferred property;

“WA registrar” means —

(a)	the Registrar of Titles; or
(b)	the Registrar of Deeds and Transfers; or
(c)	the Minister administering the Mining Act 1978; or
(d)	any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting

transferred property.

(2)

A WA registrar is to take notice of this Division and

record and register in the appropriate manner the

documents necessary to show the effect of this

Division.

(3)

The assignee of any transferred property is to cause to be delivered to each registrar, in a form acceptable to the registrar, all the information the registrar needs in order to record and register the documents necessary to

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show the effect of this Division in relation to that

property.

75S.	Completion of necessary transactions
If there is any impediment to any provision of this Division having effect (whether because a matter is governed otherwise than by the law of the State, or for any other reason), the Treasurer, the Board, MutualCo, TrustCo and each other assignee are to take all practicable steps to ensure that the effect sought to be achieved by that provision is achieved as close as possible to the separation time.
75T.	Arrangements for custody and use of records
The Board, MutualCo, TrustCo and each other assignee are to make arrangements for the delivery or sharing of, and access to, documents and other records (however compiled, recorded or stored) that relate to any of the following —

(a)	transferred property or anything otherwise affected by this Division;

(b) the West State scheme;

(c)	a West State member.

75U.	Stamp duty and other taxes

(1) In this section —

“foreign tax” means a tax, duty, fee, levy or charge

under a law of a place outside the State;

“relevant act” means anything —

(a)	that occurs by operation of this Division; or
(b)	done —

(i) under this Division; or

(ii) to give effect to this Division; or

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(iii) for a purpose connected with, or arising out of, giving effect to this Division,

including a transaction entered into or an

instrument or document of any kind made,

executed, lodged or given.

(2)	Stamp duty under the Stamp Act 1921 is not chargeable in relation to a relevant act.
(3)	Any foreign tax payable in relation to a relevant act is to be paid by the Board and charged to the statutory fund under section 15(2)(c).
(4)	The Treasurer or a person authorised by the Treasurer may, at the request of the Board or a person who would, but for subsection (2) or (3), be liable to pay stamp duty or foreign tax in relation to a relevant act, certify in writing that a specified thing was a relevant act.
(5)	For all purposes and in all proceedings, a certificate under subsection (4) is conclusive evidence of the matters it certifies, except so far as the contrary is shown.

Division 4 — General

75V.	Treasurer may give directions

(1)

The Treasurer may give directions in writing to the

Board requiring it to take any step that the Treasurer

considers necessary or convenient for the purpose of

giving effect to this Part.

(2)

The Board must comply with a direction given to it

under subsection (1).

(3)

This section applies despite the Statutory Corporations

(Liability of Directors) Act 1996 section 6(a) and a

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direction given under this section is not unlawful for

the purposes of Part 3 Division 4 of that Act.

(4)	Section 77 applies to a direction given under this section.

75W.	Power to remedy insufficiency

(1)

If the Treasurer is satisfied that the assets allocated to

the West State Fund by operation of this Part were not,

at the separation time, sufficient or appropriate to

enable TrustCo to meet its obligations as the

responsible entity, the Treasurer may take any action

the Treasurer considers appropriate to remedy the

insufficiency or inappropriateness.

(2)

Without limiting the action that may be taken under subsection (1), the Treasurer may direct the Board, under section 75V, to —

(a)	allocate assets in the statutory fund to the West State Fund referred to in section 14(3)(b); or
(b)	pay an amount from the statutory fund to a person.

(3)	This section expires when section 54 expires.

75X.	General powers of Treasurer and Board

(1)

The Treasurer and the Board may do, in the State or

elsewhere, anything necessary or convenient to be done

for the purpose of giving effect to this Part.

(2)

If there is a conflict or inconsistency between —

(a)	a function of the Board under this Part; and
(b)	a function of the Board under any other provision of this Act other than a provision in Part 4,

the function under this Part prevails.

State Superannuation Amendment Act 2007

Part 5	Amendments relating to West State scheme
Division 3	West State separated into sub-fund
s. 72

75Y.

No fees payable by West State members

No fee or charge is payable by a West State member in

relation to anything —

(a)	that occurs by operation of this Part; or

(b) done —

(i) under this Part; or

(ii) to give effect to this Part; or

(iii) for a purpose connected with, or arising out of, giving effect to this Part.

”.

Subdivision 2 — Amendments at separation time

72. Section 4E amended

Section 4E(1) is amended as follows:

(a)	by deleting the definition of “Fund” and inserting instead —

“

“Fund” means —

(a)	unless paragraph (b) applies — the sub-fund of the State Superannuation Fund referred to in section 14(3)(a) and called the Defined

Benefit Fund; or

(b)	if the West State scheme has been discontinued — the State Superannuation Fund under section 14;

”;

(b)	in the definition of “scheme” by deleting “section 29;” and inserting instead —

“ section 29(1)(b), (c) or (d); ”.

73. Section 22 repealed

Section 22 is repealed.

State Superannuation Amendment Act 2007

Amendments relating to West State scheme West State separated into sub-fund

Part 5

Division 3

s. 74

74. Section 33 amended

Section 33(2)(g) and “and” after it are deleted.

75. Section 38 amended

(1)

Section 38(3)(b)(i) is amended by deleting “the West State

scheme or”.

(2)

Section 38(7)(a) is amended by deleting “the West State

scheme or”.

76. Section 51 amended

Section 51(1) and (2) are amended by inserting after

“section 43(3)(c)” —

“ or 75K(5) ”.

State Superannuation Amendment Act 2007

Part 6	Consequential amendments
Division 1	Amendments to commence with Part 2
s. 77

Part 6 — Consequential amendments

Division 1 — Amendments to commence with Part 2

77. Magistrates Court Act 2004 amended

(1)

The amendments in this section are to the Magistrates Court

Act 2004*.

[* Act No. 47 of 2004.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and

Act No. 77 of 2006.]

(2)

Schedule 1 clauses 5(8) and 13(8) are amended by deleting

“1999” and inserting instead —

“ 2000 ”.

78. State Superannuation (Transitional and Consequential Provisions) Act 2000 amended

(1)

The amendments in this section are to the State Superannuation

(Transitional and Consequential Provisions) Act 2000*.

[* Act No. 43 of 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1.]

(2)	Section 26(2)(a) and (3) are amended by deleting “section 38 of ” .

State Superannuation Amendment Act 2007

Consequential amendments

Part 6

Amendments to commence with Part 3

Division 2

s. 79

Division 2 — Amendments to commence with Part 3

79. Constitution Acts Amendment Act 1899 amended

(1)

The amendments in this section are to the Constitution Acts

Amendment Act 1899*.

[* Reprint 14 as at 21 April 2006.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and Acts

Nos. 28, 29, 30, 32 and 33 of 2005 and 64, 73 and 77 of

2006.]

(2)	Schedule V Part 3 is amended by deleting the item for the Government Employees Superannuation Board and inserting in the appropriate alphabetical position —

“

The State Superannuation Board under the State Superannuation

Act 2000.

”.

80. Director of Public Prosecutions Act 1991 amended

(1)	The amendments in this section are to the Director of Public Prosecutions Act 1991*.
[* Reprint 2 as a 25 November 2005.]
(2)	Schedule 1 clause 3(5) to (8) are repealed.
(3)	After Schedule 1 clause 3 the following clause is inserted —

“

3A.	Superannuation if subsequently appointed as judge

(1)	A person who was the Director and is, on termination of his or her appointment as Director, appointed to a pensionable office as defined in the Judges’ Salaries and Pensions Act 1950 section 2(4) may elect for subsection (2) to apply to the person.

State Superannuation Amendment Act 2007

Part 6	Consequential amendments
Division 2	Amendments to commence with Part 3
s. 81

(2)	If this subsection applies to a person, for the purposes of the Judges’ Salaries and Pensions Act 1950 the person’s service as Director is to be taken to be service in a pensionable
office.
(3)	If a person who makes an election under subsection (1) was, while Director, a contributor to, or a member of, a superannuation scheme continued by the State Superannuation Act 2000 section 29(1)(b) or (c), the person’s entitlements to benefits under that scheme in respect of the period of his or her service as Director cease when the person makes that election.
(4)	If a person who makes an election under subsection (1) is not a person to whom subsection (3) applies, any pension that becomes payable to or in respect of the person under the
Judges’ Salaries and Pensions Act 1950 is to be reduced by an amount determined by the Minister, on the advice of an actuary, to be actuarially equivalent to the value of the employer sponsored component of any benefit accrued in a superannuation fund in respect of the period of his or her service as Director.
(5)	An election under subsection (1) is to be made in writing to the Minister within 30 days after ceasing to be Director and is irrevocable.
(6)	This section has effect despite anything in the Superannuation and Family Benefits Act 1938, State Superannuation Act 2000 or the Judges’ Salaries and Pensions Act 1950.

”.

81. Electricity Corporations Act 2005 amended

(1)

The amendments in this section are to the Electricity

Corporations Act 2005*.

[* Act No. 18 of 2005.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and

Act No. 77 of 2006.]

State Superannuation Amendment Act 2007

Consequential amendments

Part 6

Amendments to commence with Part 3

Division 2

s. 82

(2)

Section 26(4) is amended by deleting “section 30.” and inserting

instead —

“ section 76. ”.

82. Financial Management Act 2006 amended

(1)

The amendments in this section are to the Financial

Management Act 2006*.

[* Act No. 76 of 2006.

For subsequent amendments see Act No. 77 of 2006.]

(2)

Schedule 1 is amended by deleting “Government Employees

Superannuation Board” and inserting in the appropriate

alphabetical position —

“ State Superannuation Board ”.

83. Land Tax Assessment Act 2002 amended

(1)

The amendments in this section are to the Land Tax Assessment

Act 2002*.

[* Reprint 1 as at 11 August 2006.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1 and

Act No. 73 of 2006.]

(2)

The Glossary clause 1 is amended in the definition of “taxable

authority” by deleting “Government Employees Superannuation

Board” and inserting instead —

“ State Superannuation Board ”.

State Superannuation Amendment Act 2007

Part 6	Consequential amendments
Division 2	Amendments to commence with Part 3
s. 84

84. Port Authorities Act 1999 amended

(1)

The amendments in this section are to the Port Authorities

Act 1999*.

[* Reprint 1 as at 1 October 2004.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and

Act No. 77 of 2006.]

(2)

Section 19(1) is amended by deleting “section 30” and inserting

instead —

“ section 76 ”.

85. Public Sector Management Act 1994 amended

(1)

The amendments in this section are to the Public Sector

Management Act 1994*.

[* Reprint 7 as at 25 August 2006.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and

Act No. 77 of 2006.]

(2)	Schedule 2 item 16 is deleted.

86. Racing and Wagering Western Australia Act 2003 amended

(1)

The amendments in this section are to the Racing and Wagering

Western Australia Act 2003*.

[* Reprint 1 as at 22 September 2006.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and

Acts Nos. 77 of 2006 and 2 and 8 of 2007.]

(2)

Section 23(1) is amended by deleting “section 30” and inserting

instead —

“ section 76 ”.

State Superannuation Amendment Act 2007

Consequential amendments

Part 6

Amendments to commence with Part 3

Division 2

s. 87

87. Statutory Corporations (Liability of Directors) Act 1996 amended

(1)

The amendments in this section are to the Statutory

Corporations (Liability of Directors) Act 1996*.

[* Reprint 4 as at 9 February 2007.]

(2)

Schedule 1 is amended by deleting the item for the Government

Employees Superannuation Board and inserting in the

appropriate alphabetical position —

“

State Superannuation	a director	State Superannuation
Board	Act 2000

”.

88. Western Australian Land Authority Act 1992 amended

(1)

The amendments in this section are to the Western Australian

Land Authority Act 1992*.

[* Reprint 2 as at 4 February 2005.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and

Act No. 77 of 2006.]

(2)

Section 13A(1) is amended by deleting “section 30” and

inserting instead —

“ section 76 ”.

89. Electricity Industry (Independent Market Operator) Regulations 2004 amended

(1)

The amendments in this section are to the Electricity Industry

(Independent Market Operator) Regulations 2004*.

[* Published in Gazette 30 September 2004, p. 4207-69.]

State Superannuation Amendment Act 2007

Part 6	Consequential amendments
Division 2	Amendments to commence with Part 3
s. 89

(2)

Regulation 17(4) is amended by deleting “section 30” and

inserting instead —

“ section 76 ”.