Superannuation Administration Act 1996 (NSW)
An Act to provide for trustees for State public sector superannuation schemes and the provision of investment and administration services for such schemes; to continue as a trustee for the defined benefit style schemes closed to new members the SAS Trustee Corporation (formerly the State Authorities Superannuation Board); to enable the establishment of additional superannuation schemes for State public sector employees and associated persons by trust deed; and for other purposes.
This Act is the Superannuation Administration Act 1996.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows—
(a) to establish the SAS Trustee Corporation as the trustee for the State defined benefit public sector superannuation schemes,
(b) to provide for the provision of investment management services and other services for State public sector superannuation schemes,
(c) to set out the functions and responsibilities of trustees and service providers for State public sector superannuation schemes,
(d) (Repealed)
(e) to enable the establishment of additional superannuation schemes for State public sector employees and associated persons by trust deed.
In this Act—
(a) Police Regulation (Superannuation) Act 1906,
(b) Superannuation Act 1916,
(c) Local Government and Other Authorities (Superannuation) Act 1927,
(d) Transport Employees Retirement Benefits Act 1967,
(e) New South Wales Retirement Benefits Act 1972,
(f) Public Authorities Superannuation Act 1985,
(g) State Public Service Superannuation Act 1985,
(h) State Authorities Superannuation Act 1987,
(i) State Authorities Non-contributory Superannuation Act 1987.
(a) managing investments for any superannuation fund or funds or part of any such fund,
(b) advising on investments and investment strategies and other related strategies for any superannuation fund or funds or part of any such fund,
(c) providing services in relation to the custody of the assets and securities of any superannuation fund or funds or part of any such fund.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(Repealed)
Introductory notes to Parts or Divisions and other notes in the text of this Act do not form part of this Act.
(Repealed)
This Part continues in existence the State Authorities Superannuation Board, renames it the SAS Trustee Corporation and gives it the functions of the trustee for the STC schemes. These schemes are primarily defined benefit schemes established under Acts and are closed to new members. Generally, the trustee will have functions (which include powers, authorities and duties) that are consistent with the requirements of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth. That Act regulates the functions of trustees of superannuation funds and the administration of superannuation schemes but does not apply directly to the STC schemes. The trustee will also be subject to provisions of the Trustee Act 1925. The trustee will have (among other functions) the function of administering the schemes and investing and managing the superannuation funds concerned. However, it will be required to arrange for these services to be provided by service providers in accordance with this Act. This will not detract from the primary responsibility and power of the trustee in these matters.
The corporation constituted by the Superannuation Administration Act 1987 with the corporate name of State Authorities Superannuation Board and continued by the Superannuation Administration Act 1991 is continued by this Act.
The continued corporation is to have the corporate name SAS Trustee Corporation. The body may also be called STC, and the use of that name has the same effect for all purposes as the use of its corporate name.
STC is, for the purposes of any Act, a statutory body representing the Crown.
STC is the trustee for the STC schemes and is to hold in trust for the persons who are or will be entitled to benefits under the STC schemes all assets held by, and all contributions and other money paid or payable to, STC under this Act and any Act under which an STC scheme is constituted or established.
STC is a trustee for the purposes of the Trustee Act 1925. Accordingly, subject to this Act, and unless this Act, the Trustee Act 1925 or any other Act otherwise provides, STC has the obligations, rights and duties of a trustee under Division 2 of Part 2 of the Trustee Act 1925.
The effect of this is that STC is subject to both the common law obligations, duties and rights of trustees and the obligations, duties and rights of trustees under the Trustee Act 1925. These are in addition to its obligations, duties and rights under this Act, unless the Trustee Act 1925 or this Act otherwise provides.
The principal functions of STC are—
(a) to administer the STC schemes, and
(b) to invest and manage the STC funds, and
(c) to provide for the custody of the assets and securities of the STC schemes, and
(d) to ensure that benefits payable to the persons entitled to receive benefits under the STC schemes are paid in accordance with the Acts under which the schemes are established or constituted, and
(e) to determine disputes under those Acts, and
(f) to exercise such other functions with respect to the STC schemes and STC funds as the Minister may from time to time approve by order in writing.
The Minister may in an order for the purposes of subsection (1) (f), direct that a function specified in the approval may be exercised by STC directly or only by entering into a contract or arrangement under section 53 with SAC or (if the direction so provides) with a person of STC’s choosing, under which SAC or that person undertakes to carry out the function on behalf of STC.
STC has such other functions as may be conferred or imposed on it by or under this or any other Act.
(Repealed)
The STC schemes include the State Authorities Superannuation Scheme, the Police Superannuation Scheme, the State Superannuation Scheme, the State Authorities Non-contributory Superannuation Scheme and other public sector schemes. None of these schemes are currently open to new members, though public sector employees still contribute to some of them.
Other particular functions and obligations of STC are contained in the legislation establishing the STC schemes, including the Police Regulation (Superannuation) Act 1906, the Local Government and Other Authorities (Superannuation) Act 1927, the Superannuation Act 1916, the State Authorities Superannuation Act 1987 and the State Authorities Non-contributory Superannuation Act 1987.
STC must—
(a) act honestly in all matters relating to its functions relating to the STC schemes, and
(b) exercise, in relation to all matters affecting the STC schemes, the same degree of care, skill and diligence as an ordinary prudent person would exercise in dealing with property of another for whom the person felt morally bound to provide, and
(c) ensure that its functions relating to the STC schemes are exercised in the best interests of persons entitled to receive benefits under the STC schemes, and
(d) not enter into any contract or arrangement, or do anything else, that would prevent STC from, or hinder STC in, properly exercising STC’s functions as a trustee.
The duties contained in subsection (1) reflect the covenants required of superannuation scheme trustees under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.
In exercising its functions, STC must have regard to—
(a) the interests of persons entitled to receive benefits under the STC schemes, and
(b) the Heads of Government Agreement, commencing 1 July 1996, relating to the exemption of certain State public sector superannuation schemes from the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, and
(c) the future liabilities of the STC funds, and
(d) any statement in writing of the policy of the Government on any matter that is relevant to the functions of STC given by the Minister to STC, and
(e) the role of employers under STC schemes in funding benefits under those schemes.
Subsection (1) (d) does not prevent STC from entering into a contract or an arrangement under section 53.
Members of the STC Board have a duty to ensure that STC carries out its duties (see section 73).
The Minister is required to lay before each House of Parliament, within 14 sitting days after giving a statement under section 51 (2) (d), a copy of the statement.
If a House of Parliament is not sitting when the Minister seeks to comply with this section, the Minister is required to present a copy of the relevant statement to the Clerk of the House.
A copy of a statement presented to the Clerk of a House of Parliament under this section—
(a) is, on presentation and for all purposes, taken to have been laid before the House, and
(b) is required to be printed by authority of the Clerk, and
(c) if printed by the authority of that Clerk, is, for all purposes, taken to be a document published by order or under the authority of that House, and
(d) is to be recorded in the Minutes, or Votes and Proceedings, of that House on the first sitting day of that House after receipt of the copy by that Clerk.
STC may enter into contracts or arrangements with any person—
(a) under which the person undertakes to carry out the function of providing all or any superannuation investment management services for a superannuation fund or part of a fund under one or more of the STC schemes, on behalf of STC, or
(b) under which the person undertakes to carry out the function of providing superannuation scheme administration services to the STC schemes on behalf of STC, or
(c) (Repealed)
(d) under which the person undertakes to carry out any other functions on behalf of STC under this or any other Act, or
(e) for the performance of any other services.
An investment manager who enters into a contract or arrangement with STC to provide superannuation investment management services may (subject to the terms of that contract or arrangement) engage another investment manager to provide any such service. In that case, a reference in this section to the person who enters into or makes the contract or arrangement with STC includes a reference to any such other investment manager engaged to provide the service.
The power of STC to enter into a contract or an arrangement does not extend to conferring on any other person the power of STC to appoint an actuary or actuaries to conduct an investigation into the state or sufficiency of an STC fund.
A person who enters into a contract or an arrangement with STC under this section has, while acting in accordance with the terms of the contract or arrangement, those functions of STC specified in the contract or arrangement.
STC may enter into a contract or an arrangement under this section only if STC is satisfied that the contract or arrangement is in the interests of the persons entitled to receive benefits under the STC schemes.
Any such contract or arrangement may deem the person with whom STC makes the contract or arrangement to be an agent of STC.
A contract or an arrangement entered into by STC under this section does not confer on the other party any of the principal functions and responsibilities of STC as trustee.
STC may not enter into a contract or an arrangement under section 53 (1) (a) or (b) with a person other than a mandated investment manager except with the Minister’s consent.
The Minister may, by notice in writing given to STC, waive the requirement for consent generally or in such circumstances as may be specified by the Minister.
The Minister may give a direction to STC relating to the exercise by STC of any one or more of its functions if the Minister is of the opinion that an act or omission, or conduct, by STC has had or could reasonably be expected to have a significant adverse effect on the Consolidated Fund or the financial management of the State. A direction must not be inconsistent with this or any other Act.
STC must comply with any such direction.
In giving a direction the Minister must have regard to—
(a) the interests of persons entitled to receive benefits under the STC schemes, and
(b) the duties and obligations of STC and the members of the STC Board.
Nothing in this section constitutes the Minister as a trustee of the STC schemes.
STC is not liable for anything done or omitted for the purpose only of complying with a direction of the Minister under this section.
The Minister is required to lay before each House of Parliament, within 14 sitting days after giving a direction under section 55, a copy of the direction.
If a House of Parliament is not sitting when the Minister seeks to comply with this section, the Minister is required to present a copy of the relevant statement to the Clerk of the House.
A copy of a statement presented to the Clerk of a House of Parliament under this section—
(a) is, on presentation and for all purposes, taken to have been laid before the House, and
(b) is required to be printed by authority of that Clerk, and
(c) if printed by the authority of that Clerk, is, for all purposes, taken to be a document published by order or under the authority of that House, and
(d) is to be recorded in the Minutes, or Votes and Proceedings, of that House on the first sitting day of that House after receipt of the copy by that Clerk.
Without limiting any other function conferred or imposed on it, STC may do all things that are necessary or convenient to be done for, or in connection with, the exercise of STC’s functions.
STC must, subject to this Part and section 129A, determine and give effect to an investment strategy for the STC funds (the
The investment strategy must have regard to the circumstances of the STC schemes, including but not limited to the following—
(a) the risk involved in making, holding and realising, and the likely return from, the investments having regard to the schemes’ objectives and their cash flow requirements,
(b) the composition of the investments as a whole, including the extent to which the investments are diverse or involve exposure to risks from inadequate diversification,
(c) the liquidity of the investments having regard to the schemes’ cash flow requirements,
(d) the ability to discharge the existing and prospective liabilities under the STC schemes,
(e) any other matter which a trustee is required to consider in determining an investment strategy under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.
The reserves strategy must be consistent with the investment strategy and the ability to discharge the existing and prospective liabilities under the STC schemes (whether actual or contingent) as and when they fall due.
In determining the reserves strategy, STC must have regard to any other matter which a trustee is required to consider in determining a reserves strategy under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.
STC may not contract out its functions under this section.
In exercising its function of investing and managing an STC fund, or part of a fund, STC must enter into a contract or an arrangement under section 53 with an investment manager or managers who undertake to provide superannuation investment management services for a superannuation fund or part of a fund under the STC scheme concerned, on behalf of STC. STC may not itself provide such services.
STC must ensure that any such investment manager (and others the investment manager engages to provide the relevant services) operates within the investment powers of STC and complies with the investment strategy determined by STC and notified to the investment manager.
STC may enter into contracts or arrangements for the provision of superannuation investment management services with more than one provider of services.
A contract or arrangement under which an investment manager undertakes to provide all superannuation investment management services for a superannuation fund or part of a fund is to make provision for the engagement of a separate person to provide services in relation to the custody of assets and securities.
(Repealed)
The Minister’s consent is required to any such contract or arrangement that is entered into with a person other than a mandated investment manager unless that requirement is waived (see section 54).
The Treasurer may, with the approval of the Minister, by order in writing given to STC, require—
(a) the investment of the whole or any part of the STC funds to be managed by one or more investment managers approved by the Treasurer (a
mandated investment manager ), and(b) STC to enter into a contract or arrangement referred to in section 59 with any such mandated investment manager with respect to superannuation investment management services for the whole or that part of the STC funds subject to the terms and conditions set out or described in the order.
Subsection (1) does not prevent STC from entering into a contract or arrangement containing additional terms or conditions that are not inconsistent with the terms and conditions set out or described in the order.
The Treasurer must consult with STC and the proposed mandated investment manager before giving an order under this section.
A mandated investment manager (or an investment manager engaged by a mandated investment manager to provide relevant services)—
(a) may invest the whole or part of the STC funds concerned only in any investment that is authorised or permitted by this Act or any other applicable legislation, and
(b) must carry out the superannuation investment management services concerned subject to the applicable terms and conditions and consistently with any relevant investment strategy or policy.
STC is taken to have discharged the obligations and duties imposed on it under this and any other law (written or unwritten) in relation to the investment and management of the whole or part of the STC funds, if a mandated investment manager (or an investment manager engaged by a mandated investment manager) provides superannuation investment management services in respect of the STC funds or part of the STC funds on behalf of STC in accordance with subsection (4).
Under section 69 (6) any act, matter or thing done in the name of, or on behalf of, STC by the STC Board is taken to have been done by STC. Section 80 protects persons such as the chief executive officer (who is subject to the control and direction of the Board) from personal and other liability.
An order under this section takes effect on the day specified in the order.
In this section—
(Repealed)
STC may enter into financial arrangements under and subject to Part 6 of the Government Sector Finance Act 2018.
STC may take appropriate action to control or to enhance or protect the value of any investment made from the STC funds or to enhance or protect the return on any such investment.
STC must not, from the assets of the funds under administration or in obtaining borrowings within the meaning of the Government Sector Finance Act 2018—
(a) lend money to a contributor to, or to a person entitled to or receiving a benefit under, an STC scheme, either by lending the money directly or by lending it under arrangements entered into in the exercise of a general power of investment of the assets of the scheme, or
(b) borrow money or maintain an existing borrowing of money, whether by way of a secured or unsecured loan, otherwise than to obtain temporary finance, or
(c) invest any of the assets of an STC fund otherwise than on an arms-length basis, unless it is an in-house asset within the meaning of Part 8 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.
Subsection (1) does not prohibit the lending of money of an STC fund established before 25 May 1988 to a contributor if the trustee of the fund, on or before that date—
(a) had express power to lend money to contributors, or
(b) lent money to contributors and that lending was not expressly prohibited by the legislation establishing the fund.
STC may exercise its function of administering an STC scheme only by entering into a contract or an arrangement under section 53 with a person (a
STC must ensure that the scheme administrator operates within the powers of STC and complies with the policies determined by STC.
(Repealed)
STC may enter into a contract or an arrangement under section 53 with any person—
(a) for the insurance by that person, or the arranging of insurance by that person (on an individual or a group basis), of members of an STC scheme for the purpose of paying death or invalidity benefits (not being benefits based on past service) to or in respect of them, or
(b) for the management of a scheme, carried out by or on behalf of that person, for the purpose of paying any such benefits to or in respect of any such members.
STC may compromise or otherwise settle any claim made against it.
If STC compromises or otherwise settles a claim in relation to a benefit, the compromise or settlement discharges STC’s obligations as regards the benefit, and the amount payable is to be regarded as a benefit under the STC scheme concerned and is payable from the appropriate STC fund accordingly.
To the extent that an amount payable by STC following a compromise or settlement is not a benefit under the relevant STC scheme, the amount is payable from whichever fund or funds that STC considers appropriate.
STC may make such inquiries and investigations with respect to a claim made against it as it thinks fit.
A dispute under this or any other Act concerning an STC scheme is to be determined by STC or an STC disputes committee, except as otherwise provided by the regulations.
Regulations made for the purposes of subsection (1) may require that a dispute concerning the entitlements or obligations of an employee or beneficiary arising in respect of service by the employee with an employer that—
(a) was responsible for the payment of benefits under an STC scheme of which the employee was a member or to which the employee was a contributor, and
(b) has ceased to be responsible for the payment of benefits under that scheme but is responsible for the payment of benefits under a new superannuation scheme created in accordance with section 125,
be determined, not by STC or an STC disputes committee, but by the trustee of the new superannuation scheme.
In determining a dispute, STC, an STC disputes committee or the relevant trustee may inform itself on any matter in such manner as it thinks fit and, in so doing, is not bound to observe rules of law relating to evidence.
A trustee acting in accordance with regulations referred to in subsection (2) and an STC disputes committee have and may exercise the powers conferred on STC by sections 66 and 68.
This section does not apply to a dispute in respect of which an application may be made to the District Court under section 21 of the Police Regulation (Superannuation) Act 1906.
The rights of a scheme member or other person to lodge a dispute with STC in relation to an STC scheme are set out in the Police Regulation (Superannuation) Act 1906, section 23E; the State Authorities Non-contributory Superannuation Act 1987, section 33B; the State Authorities Superannuation Act 1987, section 54B and the Superannuation Act 1916, section 85A.
STC may request a person who has made a claim against STC, or who has a dispute with STC, to provide STC with an authority to obtain from a third person any information or evidence that is relevant to the subject-matter of the claim or dispute.
If such a person does not comply with any such request, STC is not obliged to proceed to process the claim or determine the dispute concerned.
STC is to have a Board consisting of 8 part-time members and 1 full-time member appointed by the Minister.
Of the members—
(a) 1 is to be appointed as Chairperson of the STC Board, and
(b) 4 are to be appointed as employer representatives, and
(c) 4 are to be appointed as employee representatives.
Of the members appointed as employee representatives, 1 is to be a full-time member.
Schedule 2 has effect with respect to the members and procedure of the Board.
The STC Board has the function of managing and controlling the affairs of STC.
Any act, matter or thing done in the name of, or on behalf of, STC by the STC Board is taken to have been done by STC.
The Chairperson of the STC Board is to be appointed by the Minister.
To be eligible for appointment as Chairperson, a person must—
(a) have significant knowledge of, and experience in, the conduct of superannuation schemes, investments, financial management or public administration, and
(b) be independent of employers and employees and their respective interests.
The Minister must not appoint a person as Chairperson without having consulted Unions NSW.
Of the members of the STC Board appointed as employer representatives, one is to be appointed on the recommendation of the Treasurer.
To be eligible for appointment as a member to represent the interests of employers a person must have knowledge of, and experience in, the conduct of superannuation schemes, investments, financial management or public administration.
The members of the STC Board appointed as employee representatives are to be nominated by Unions NSW.
Unions NSW must not nominate a person to be a member unless it has consulted with organisations representing members of the STC schemes.
If Unions NSW fails to nominate persons for the purposes of this section within the period specified in a written request by the Minister to do so, the Minister may appoint a member or members as employee representatives. Any such member is taken to be properly appointed under this section.
(Repealed)
A member of the STC Board must exercise a reasonable degree of care and diligence for the purposes of ensuring that STC carries out the duties referred to in section 51.
For the purposes of this section, a reasonable degree of care and diligence is the degree of care and diligence that a reasonable person in the position of the member would exercise in STC’s circumstances.
The STC Board is to employ a person as the chief executive officer of STC.
The chief executive officer has the function of exercising the day-to-day management of STC and has such other functions as may be conferred or imposed by or under this or any other Act.
The chief executive officer is subject to the control and direction of the STC Board.
The determination of the terms and conditions of employment of the chief executive officer of STC is subject to the concurrence of the Minister.
The Chairperson of the STC Board may, subject to any direction of the STC Board, appoint a member of staff of STC or other person to act in the office of the chief executive officer during the illness or absence of the chief executive officer (or during a vacancy in the office of chief executive officer), and the person while so acting has all the functions of the chief executive officer and is taken to be the chief executive officer.
(Repealed)
The STC Board or Chairperson may, at any time, remove a person from office as acting chief executive officer.
(Repealed)
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable STC to exercise its functions.
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services STC makes use of) may be referred to as officers or employees, or members of staff, of STC. Section 47A of the Constitution Act 1902 precludes STC from employing staff (other than the chief executive officer of STC—see section 74 (1)).
STC may employ and pay an agent to transact any business or do any act (including receiving or paying money) that STC is authorised or required to transact or do in the exercise of its functions.
An agent may be employed by STC to receive or pay money even though the agent, or any subagent employed by the agent, is not a bank, building society or credit union.
Section 53 (3) of the Trustee Act 1925 applies to agents employed under this section.
That provision excuses a trustee from liability for the default of an agent employed in good faith.
STC may delegate to an
STC may also delegate any of its functions relating to the STC schemes—
(a) to a natural person with whom STC has entered into a contract or an arrangement under this Act, or
(b) to the chief executive or Board of any organisation with which STC has entered into such a contract or an arrangement.
STC may not delegate any of its principal functions as trustee under this section, other than the STC dispute function.
STC may, in respect of a dispute, a class of disputes or all disputes under the Acts under which the STC schemes are established or constituted, delegate the STC dispute function to a committee that is comprised of or includes members of the STC Board.
In this section,
Section 64 (7) of the Trustee Act 1925 applies to STC and to a delegate under this section.
The STC Board may establish committees to give advice and assistance to the Board in connection with any particular matter or function of the Board.
It does not matter that some or all of the members of any committee are not members of the STC Board.
The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by the Board or (subject to any determination of the Board) by the committee.
STC is required to prepare and deliver to the Minister, not later than one month after the commencement of each financial year of STC, a corporate plan for the financial year.
A corporate plan must specify—
(a) the objectives of STC’s activities for the financial year concerned, and
(b) the nature and scope of the activities to be undertaken, and
(c) the strategies, policies and budgets for achieving those objectives (including the investment strategy and the reserves strategy), and
(d) targets and criteria for assessing the performance of STC.
Annual reporting information prepared for STC under the Government Sector Finance Act 2018 must include an assessment of STC’s performance, according to the targets and criteria for assessment set out in the corporate plan applicable to the annual reporting period concerned.
This section is subject to the requirements of any other Act or law.
STC must prepare annual reporting information for presentation to Parliament under the Government Sector Finance Act 2018.
A matter or thing done or omitted to be done by STC, the STC Board, a member of the Board, an STC disputes committee, a member of an STC disputes committee or any person acting under the direction of STC or the Board does not, if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act, subject such a member or a person so acting personally to any action, liability, claim or demand.
A decision made, or any act or thing done or omitted, by STC, the STC Board, a member of the Board, an STC disputes committee, a member of an STC disputes committee or any person acting under the direction of STC or the Board may not be called into question on any of the following grounds—
(a) an alleged conflict of interest because STC, the Board or the person is involved in administering different Acts or different superannuation schemes,
(b) that knowledge gained by STC, the Board or the person is or may be relevant to the exercise of a function under another such Act or scheme.
Subsection (1) does not preclude STC from being subject to any action, liability, claim or demand. Any money becoming payable by STC in respect of an action, liability, claim or demand is to be paid out of an STC fund or funds as determined by STC.
However, money is not payable under subsection (3) in circumstances in which a trustee may not be indemnified under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.
(Repealed)
STC may indemnify a person who is or has been an officer of STC against a liability incurred as an officer of STC, or enter into an indemnity agreement, only with the written approval of the Minister.
For the purposes of this section, an
(a) a provision that requires STC to indemnify the person against any liability incurred as an officer of STC,
(b) a provision that requires STC to maintain an insurance policy in respect of any liability incurred by the person as an officer of STC,
(c) a provision that requires STC to pay money to or on behalf of the person to assist in defending or responding to any claim, investigation or other proceedings relating to the person’s term of office as an officer of STC (including a provision that requires payment in advance of any liability being incurred by the person),
(d) a provision that confers on the person a right of access to documents held by STC, in any specified circumstances, in connection with any claim, investigation or other proceedings relating to the person’s term of office as an officer of STC.
If an indemnity agreement is entered into by STC in accordance with the approval of the Minister under this section, STC may indemnify a person, as required by that agreement, without obtaining a further approval from the Minister.
The approval of the Minister under this section—
(a) may be given generally or may be limited to a particular case or class of cases, and
(b) is subject to such conditions (if any) as are specified in the approval.
In this section—
(a) a member of the STC Board,
(b) the chief executive officer of STC.
The STC funds amalgamated as one fund under the Superannuation Administration Act 1991 continue to be amalgamated.
STC is to maintain separate accounts in the amalgamated fund in relation to each STC scheme concerned.
A reference in any provision of this Act or the regulations or any other Act or other instrument (other than this section) to an STC fund is taken to be a reference to that part of the amalgamated fund that is maintained for the purposes of the relevant STC scheme.
STC may, at the request of an employer, from time to time adjust the amounts credited to the employer’s reserve in an account established under this section by debiting an amount and crediting that amount to the employer’s reserve in another account established in the amalgamated fund in relation to another STC scheme.
STC may, at the request of the Treasurer, adjust the amounts credited to an employer’s reserve (being an employer for whom the Crown makes contributions to the amalgamated fund) in an account established under this section by debiting an amount and crediting that amount to the employer’s reserve, or the employer reserve of another employer for whom the Crown makes contributions to the amalgamated fund, in the same or another account established under this section.
STC may, at the request of the Treasurer, debit all or part of the surplus funds from an employer reserve of a State sector employer and credit that amount to any one or more of the following—
(a) an employer reserve of that employer in an account maintained in relation to another STC scheme,
(b) the employer reserve of one or more other State sector employers in an account maintained in relation to the same or another STC scheme.
STC may, at the request of an employer who is not a State sector employer and with the approval of the Treasurer, debit all or part of the surplus funds from the employer’s reserve and pay that amount to that employer.
STC may re-establish any of the STC funds as separate funds. On the re-establishment of the funds, section 81 (2) ceases to operate in relation to the funds, but without prejudice to the previous operation of that subsection.
STC may amalgamate into one fund any 2 or more STC funds separated under this section. Section 81 (2) and (3) apply to any such amalgamated fund.
Without limiting the generality of sections 81 and 82, STC has power in New South Wales and elsewhere to do all things necessary and convenient to be done for, or in connection with, the re-establishment or amalgamation of a fund under this Division.
STC must maintain an account called the STC Administration Account.
STC must charge administration costs that it incurs (including the remuneration or allowances of members of the STC Board and the chief executive officer) against the STC Administration Account.
The administration costs (including costs related to preserved benefits and investment management) that STC incurs in relation to the STC schemes are to be paid in accordance with this section to the STC Administration Account.
The administration costs (including costs related to preserved benefits and investment management) that STC incurs in relation to the STC schemes are payable by employers and contributors or members and former contributors or former members under the STC schemes, in accordance with the Acts under which those schemes are established.
If employees are employed by a group of employers, the costs are payable by the group of employers. If a contributor or member belongs or a former contributor or a former member belonged to a group of contributors or members which contributes to a scheme, the costs are payable by the group of contributors or members.
The amount, the rate and the basis on which an employer, group of employers or contributor or member or former contributor or former member or group of contributors or members is required to pay is to be determined by STC from time to time.
After calculating the appropriate amount or rate payable, STC may debit the appropriate account, fund or reserve in the relevant STC fund in accordance with this Division.
(Repealed)
The administration costs (including costs relating to preserved benefits and investment management) payable in respect of an STC fund are to be paid in accordance with the Act under which the fund is established or, if the Act makes no provision, from the reserves or accounts established in the fund determined for the purposes of this section by STC.
The financial year of STC is the year commencing on 1 July.
However, the financial year of STC is to be the annual reporting period (if any) for STC if the Treasurer has made a determination under section 2.10 of the Government Sector Finance Act 2018 for that period to be different from the period referred to in subsection (1).
A person aggrieved by a determination of STC or an STC disputes committee under section 67 (relating to determination of disputes) may appeal against the determination to the Industrial Relations Commission in Court Session (the
The appeal must be made within 6 months after the appellant is notified of the determination or within such further period as the Commission allows.
In dealing with the appeal, the Commission may exercise any function that could have been exercised by STC or the STC disputes committee, as the case may be, in making the determination the subject of the appeal.
In dealing with the appeal, the Commission is to have regard to this Act and any other relevant provisions regulating the superannuation scheme concerned and such other matters as it considers to be relevant.
In dealing with the appeal, the Commission is not bound by the rules of evidence and may inform itself in any manner it thinks fit.
The final determination made by the Commission on the appeal is to be given effect to as if it were a determination of STC.
If the STC Board becomes aware of the occurrence of an event, or of a change in circumstances, having a significant adverse effect on the exercise of the functions of STC, the Board must give written notice to the Minister setting out particulars of the event or change in circumstances.
The STC Board must give the notice no later than the third business day after becoming aware of the event or change in circumstances.
Without limiting subsection (1), the STC Board must give written notice of an event if, as a result of the event, STC will not, or may not, be able to make payments to beneficiaries as and when the obligation to make those payments arises.
STC must furnish to the Minister administering this Act or the Minister administering the STC fund Acts such information relating to the general administration and operation of the STC schemes and the STC funds as the Minister concerned may from time to time require.
Despite subsection (1), STC must not furnish information relating to an individual member of an STC scheme to a Minister under this section, except with the member’s consent.
In this section,
(Repealed)
STC, or any person with whom STC makes a contract or an arrangement, may maintain accounts and other records relating to the STC schemes or any other related functions in or on any medium, or combination of media, capable of recording information and may, from time to time, vary the manner or form in which those accounts or other records are maintained.
Subsection (1) is subject to the terms of any contract or arrangement referred to in that subsection.
A document may be served on STC by leaving it at, or by sending it by post to—
(a) the office of STC, or
(b) if it has more than one office, any one of its offices.
Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on STC in any other manner.
In any legal proceedings, proof is not required (until evidence is given to the contrary) of—
(a) the constitution of the STC Board, or
(b) any resolution of the STC Board, or
(c) the appointment of, or the holding of office by, any member of the STC Board, or
(d) the presence or nature of a quorum at any meeting of the STC Board, or
(e) the delegation of the STC dispute function to an STC disputes committee, or
(f) the appointment of, or the holding of office by, any member of an STC disputes committee.
Any charge, fee or money due to STC may be recovered by STC as a debt in a court of competent jurisdiction.
Without limiting subsection (1), STC may recover any money owing to it under this or any other Act, together with interest on the money, as a debt in a court of competent jurisdiction.
Interest at a rate from time to time determined by STC is payable on any amount of money owing to it under this or any other Act calculated from the date on which the amount became due for payment until the date on which the amount is recovered or is otherwise paid.
The seal of STC is to be kept by the chief executive officer of STC and may be affixed to a document only—
(a) in the presence of the chief executive officer or a member of staff of STC authorised in that behalf by the chief executive officer, and
(b) with an attestation by the signature of the chief executive officer or that member of the fact of the affixing of the seal.
In this Part—
The Minister or an authorised person may, by written notice to STC, require STC, within a specified period, to give to the Minister or authorised person in relation to a specified year of income the information, or a report on matters, specified in the notice.
STC must comply with any notice given to it under subsection (1).
Maximum penalty—50 penalty units.
The information or report required to be provided under subsection (1) must relate to STC’s exercise of its functions.
If STC gives information or a report to the Minister or authorised person as required by this section, the Minister or authorised person must give to STC a written statement that the information or report has been received.
The Minister or an authorised person may, by written notice to STC, require STC to produce to the Minister or authorised person, at a reasonable time and reasonable place specified in the notice, any books relating to the affairs of STC.
STC must comply with a requirement referred to in subsection (1).
Maximum penalty—50 penalty units.
The Minister or an authorised person may inspect, take extracts from and make copies of any book, or of any version of any book, produced to the Minister or authorised person under this section.
An authorised person may, for the purpose of monitoring the exercise by STC of its functions under this Act—
(a) enter, at any reasonable time, any premises, other than any part of premises used for residential purposes, at which the authorised person has reason to believe books relating to the affairs of STC are kept, and
(b) inspect any book found on the premises that relates to those affairs or that the authorised person believes on reasonable grounds to relate to those affairs, and
(c) make copies of, or take extracts from, any such book.
The power of entry conferred by subsection (1) may only be exercised while business is being carried on, or during the hours that business is usually carried on, at or from the premises.
(Repealed)
An officer must act honestly in the exercise of powers, and discharge of functions, as an officer of STC.
Maximum penalty—
(a) if the contravention is committed with intent to deceive or defraud STC, creditors of STC or creditors of another person or for another fraudulent purpose—500 penalty units or imprisonment for 5 years, or
(b) in any other case—100 penalty units.
In the exercise of powers and the discharge of functions, an officer must exercise the degree of care and diligence that a reasonable person in a like position would exercise in the same circumstances.
Maximum penalty—100 penalty units.
An officer, or a person who has been an officer, must not make improper use of information acquired because of his or her position as an officer—
(a) to gain, directly or indirectly, an advantage for himself or herself or for another person, or
(b) to cause detriment to STC.
Maximum penalty—500 penalty units or imprisonment for 5 years.
An officer must not make improper use of his or her position as an officer—
(a) to gain, directly or indirectly, an advantage for himself or herself or for another person, or
(b) to cause detriment to STC.
Maximum penalty—500 penalty units or imprisonment for 5 years.
In this section—
(Repealed)
If a person contravenes section 119, STC may recover from the person as a debt due to STC—
(a) if the person or another person made a profit because of the contravention—an amount equal to the profit, and
(b) if STC suffered loss or damage because of the contravention—an amount equal to the loss or damage.
An amount may be recovered from the person under this section whether or not the person has been convicted of an offence in relation to the contravention.
This section is in addition to, and does not limit, the Confiscation of Proceeds of Crime Act 1989.
A person (other than STC) who suffers loss or damage as a result of conduct of another person who was engaged in a contravention of, or failed to comply with, section 51 or 73 may recover the amount of the loss or damage by action against that other person or any other person knowingly involved in the contravention.
An action under this section may be begun at any time within 6 years after the day on which the cause of action arose.
For the purposes of this section, a person is knowingly involved in a contravention if, and only if, the person—
(a) has aided, abetted, counselled or procured the contravention, or
(b) has induced, whether by threats or promises or otherwise, the contravention, or
(c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the contravention, or
(d) has conspired with others to effect the contravention.
It is a defence to an action under section 121 for loss or damage suffered by a person as a result of the making of an investment by or on behalf of STC if the defendant establishes that the investment was made in accordance with an investment strategy formulated in accordance with this Act.
It is a defence to an action under section 121 for loss or damage suffered by a person as a result of the management of any reserves by STC if the defendant establishes that the management of the reserves was in accordance with a reserves strategy formulated in accordance with this Act.
It is a defence to an action under section 121 for loss or damage suffered by a person if the defendant establishes that—
(a) the contravention was due to reasonable mistake, or
(b) the contravention was due to reasonable reliance on information supplied by another person, or
(c) the contravention was due to the act or default of another person, or an accident, or some other cause beyond the person’s control and that the defendant took reasonable precautions and exercised due diligence to avoid the contravention.
For the purposes of subsection (1) (b), a reference to another person does not include a reference to a person who was, when the contravention occurred, an employee or agent of the defendant or, if the defendant is a corporation, a director, employee or agent of the defendant.
A defendant is not entitled to rely on a defence under subsection (1) that a contravention was due to reliance on information supplied by another person or the act or default of another person unless—
(a) the court grants leave, or
(b) the defendant has, not later than 7 days before the day on which the hearing of the proceedings begins, served on the person bringing the action a written notice containing information that—
(i) identifies, or would assist to identify, the other person, and
(ii) was in the defendant’s possession at the time of the contravention.
The Minister may approve the preparation of a trust deed providing for a superannuation scheme (a
(a) State public sector employees,
(b) a class or classes of State public sector employees (including employees of a local authority or a public authority),
(c) employees, or a class or classes of employees, or former employees, of employers or former employers under STC schemes,
(d) other employees, or a class or classes of other employees, approved by the Minister,
(e) local government councillors or a class or classes of local government councillors,
(f) spouses or de facto partners of persons referred to in paragraphs (a)–(e), or a class or classes of such spouses or de facto partners.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
The Minister may approve the extension of the application of a trust deed scheme to additional persons or classes of persons, being persons or a class or classes of persons of a kind referred to in subsection (1).
The trust deed may reflect the provisions of any other superannuation schemes, whether established by or under an Act, and may apply different provisions and benefits to different persons, according to the entitlements of the persons under existing State public sector superannuation schemes.
Further arrangements may be made for the incorporation of a body to be the trustee of the proposed trust deed scheme.
The trust deed must include provisions to ensure that a right that a contributor to, or a member of, the scheme it establishes has immediately before the deed takes effect is not removed or restricted. The rules included in the deed may, however, confer additional rights on a contributor or member.
The trust deed must be consistent with the requirements of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth for a regulated fund within the meaning of that Act and any trustee must satisfy the requirements of that Act for a trustee.
Before approving the preparation of a trust deed under this section, the Minister must consult with Unions NSW.
A trust deed approved under this section having effect immediately before the commencement of Part 4 of Schedule 3 to the Rural Fires Act 1997 and that relates to employees associated with or involved in local government activities is taken, subject to the regulations, to extend to any such employee who is a transferred officer within the meaning of that Part.
The employees concerned are certain fire control officers, deputy fire control officers and designated fire control officers who were employed by local government authorities before being transferred under the Rural Fires Act 1997 to the Department of Rural Fire Services.
In this section—
Regulations may be made for or with respect to the following matters, in relation to the establishment of a superannuation scheme by a trust deed as referred to in section 125—
(a) the transfer of members of, or contributors to, an STC scheme from that scheme to the new superannuation scheme,
(b) the rights of persons who are eligible to become members of the new superannuation scheme to remain as members of, or contributors to, an STC scheme,
(c) the transfer of assets and liabilities of an STC scheme, in respect of transferred members or contributors or former members or contributors, to the new superannuation scheme,
(d) the payment of pensions and other benefits in respect of former members of, or former contributors to, an STC scheme under the new superannuation scheme,
(e) the funds and reserves to be established in respect of the new superannuation scheme,
(f) the preservation or deferral of benefits of persons transferring to the new superannuation scheme,
(g) the entitlements, rights and obligations of a member of, or contributor to, an STC scheme who joins the new superannuation scheme,
(h) the provision of services in relation to the new superannuation scheme by SAC (or its successors),
(i) the deeming of employers to be no longer employers under an STC scheme where all the relevant employees are transferred from the STC scheme to the new superannuation scheme.
A regulation made under this section has effect despite any provision of an Act under which an STC scheme is constituted.
(Repealed)
Regulations may be made for or with respect to the following matters, in relation to the extension of the application of a superannuation scheme established under a trust deed approved by the Minister under section 125 (the
(a) the transfer of any such persons who are members or former members of, or contributors or former contributors to, an STC scheme from that scheme to the trust deed scheme,
(b) the rights of the persons (if any) to remain as members of, or contributors to, an STC scheme,
(c) the transfer of assets and liabilities of an STC scheme, in respect of any such persons who are transferred members or contributors or former members or contributors, to the trust deed scheme,
(d) the payment of pensions and other benefits in respect of any such persons who are former members of, or former contributors to, an STC scheme under the trust deed scheme,
(e) the preservation or deferral of benefits of persons transferring to the trust deed scheme,
(f) the entitlements, rights and obligations of any such persons who are members or former members of, or contributors or former contributors to, an STC scheme,
(g) liability for payment of employer contributions, benefits, insurance premiums or other employer superannuation liabilities payable during any period, or in respect of any period, during which a transfer option may be exercised (whether or not that option is exercised).
A regulation made under this section has effect despite any provision of an Act under which an STC scheme is constituted.
In this Part—
(a) the benefits of members, and
(b) the assets and liabilities supporting the benefits.
The Minister may, at the request of STC, approve the transfer of part of the benefits of all or some members of an STC scheme to a successor fund.
The Minister must not approve the transfer of a part of the benefit of a member of an STC scheme if that part consists of or includes a defined benefit interest within the meaning of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth.
The Minister must not approve a transfer unless the Minister is satisfied that the transfer complies with the requirements of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth and any regulations or other instruments under that Act that would apply to the transfer to a successor fund if the STC scheme was not an exempt public sector superannuation scheme under that Act.
Without limiting subsection (3), the trust deed of any successor fund must include provisions to ensure that a right that a contributor to, or a member of, the STC scheme had immediately before the transfer to the successor fund is not removed or restricted. The rules included in the deed may, however, confer additional rights on a contributor or member.
Regulations may be made for or with respect to the following matters, in relation to a transfer to a successor fund—
(a) the transfer of benefits of members of, or contributors to, an STC scheme from that scheme to the successor fund,
(b) the transfer of assets and liabilities of an STC scheme, in respect of transferred benefits of members or contributors or former members or contributors, to the successor fund,
(c) the payment of benefits transferred to the successor fund,
(d) the funds and reserves to be established in respect of the successor fund,
(e) the preservation or deferral of benefits transferred to the successor fund,
(f) the entitlements, rights and obligations of a member of, or contributor to, an STC scheme whose benefit is transferred to the successor fund,
(g) the deeming of employers to be no longer employers under an STC scheme where all the benefits of the relevant employees are transferred from the STC scheme to the successor fund.
The regulations may provide for successor fund transfers from the following (a
(a) the electricity industry superannuation scheme,
(b) the local government superannuation scheme.
Regulations may be made about the following in relation to a successor fund transfer under this section—
(a) transferring benefits of members,
(b) transferring assets and liabilities,
(c) paying transferred benefits,
(d) establishing funds and reserves in relation to the successor fund,
(e) preserving or deferring transferred benefits,
(f) the entitlements, rights and obligations of a member whose benefit is transferred,
(g) deeming employers—
(i) to be no longer employers under the former scheme, and
(ii) to be employers under the successor fund,
(h) requiring employers—
(i) to be bound by the trust deed of the successor fund, and
(ii) to make payments and contributions to the successor fund.
The Minister must not recommend the making of a regulation under this section in relation to a successor fund transfer before the successor fund transfer has occurred unless the Minister is satisfied the trustees of the former scheme and the successor fund agree the transfer will comply with—
(a) the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, and
(b) the regulations or other instruments under that Act.
The Minister must not recommend the making of a regulation under this section in relation to a successor fund transfer after the successor fund transfer has occurred unless the Minister is satisfied the regulation corrects an error.
An employee has a right to transfer from an STC scheme to a successor fund if the employee—
(a) is a member of or contributor to an STC scheme because of employment with a public sector employer prescribed by the regulations, and
(b) subsequently transfers employment to an employer that is responsible for the payment of benefits in respect of a successor fund, and
(c) meets the eligibility requirements prescribed by the regulations.
An employee has a right to transfer from a successor fund (the
(a) the employee was previously a member of or contributed to the STC scheme, and
(b) the employee has transferred—
(i) directly from the STC scheme to the current successor fund, or
(ii) from the STC scheme to the current successor fund by way of other successor funds or relevant schemes, and
(c) each transfer was—
(i) in accordance with regulations made under this Part or Part 6, or
(ii) by the exercise of an option under this Act or another Act establishing an STC scheme, and
(d) the employee subsequently transfers employment from an employer that is responsible for the payment of benefits in respect of the current successor fund to a public sector employer prescribed by the regulations, and
(e) the employee meets the eligibility requirements prescribed by the regulations.
In this section—
(a) the electricity industry superannuation scheme, or
(b) the local government superannuation scheme
Regulations may be made about the following—
(a) the eligibility requirements for an employee to exercise a right of transfer under section 128 (a
transfer option ),(b) the circumstances in which a transfer of employment is taken to have occurred for the purposes of a transfer option,
(c) how a transfer option may be exercised, including the way, form and time for exercising the option,
(d) the terms and conditions to which the employee’s membership of the fund is subject once the employee exercises a transfer option,
(e) the transfer of assets and liabilities between funds in relation to an employee who exercises a transfer option,
(f) the resolution by a person or body of disputes relating to the exercise of a transfer option,
(g) the payment of employer superannuation liabilities, including—
(i) employer contributions, and
(ii) benefits, and
(iii) insurance premiums.
Regulations may also be made about the rights and obligations of the employee and associated beneficiaries, in relation to the employee’s membership of or contributions to the fund from which the employee is transferred under the transfer option, including—
(a) the preservation or deferral of a benefit in the fund, and
(b) the calculation of the preserved or deferred benefit, and
(c) the payment of the benefit to the fund to which the employee is transferred despite—
(i) a minimum qualifying period of membership, or
(ii) another limit of the fund that would otherwise prevent or restrict the preservation or deferral of the benefit.
A regulation made under this section may confer a transfer option even if the relevant transfer of employment took place before the regulation commenced.
This Part, including regulations made under this Part, has effect despite any provision of—
(a) an Act under which an STC scheme is constituted, or
(b) the trust deeds constituting the following—
(i) the electricity industry superannuation scheme,
(ii) the local government superannuation scheme,
(iii) a successor fund.
Schedule 2A has effect.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In particular, the regulations may make provision for or with respect to—
(a) the administration of the funds and accounts maintained under this Act and the Acts under which the STC schemes are established,
(b) the procedure of the STC board.
The Minister may, by order published in the Gazette, declare that prudential standards, or reporting and auditing requirements, specified or described in the order are standards or requirements that apply to STC in the exercise of any principal function of STC described in the order.
Before making an order under this section, the Minister is to consult STC on the proposed standards or requirements.
An order under this section takes effect on the day specified in the order.
STC, and any person carrying out a principal function on behalf of STC, must comply with any standard or requirement applied to STC under this section.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Proceedings for an offence against this Act are to be dealt with summarily before—
(a) the Local Court, or
(b) the Supreme Court in its summary jurisdiction.
The maximum penalty that may be imposed by the Local Court for an offence under this Act is 50 penalty units or imprisonment for 12 months, or both.
The following Acts are repealed—
• Superannuation Administration Act 1991 No 96
• Superannuation Administration Amendment Act 1995 No 29.
Schedule 3 has effect.
(Repealed)
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
(Repealed)
(Section 69)
In this Schedule—
Subject to this Schedule, a member holds office for such period (not exceeding 4 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
The Minister may, by order in writing, direct that a member of staff of the PSES Board is to be taken to be an employee of FTC or STC by virtue of this clause.
The Minister may, by order in writing, direct that a member of staff of the Corporation is to be taken to be an employee of SAA or AFMC by virtue of this clause.
In this section, a reference to a member of staff includes a reference to an employee of another Government agency whose services are being made use of by virtue of the 1991 Act or the Public Sector Executives Superannuation Act 1989.
Except as otherwise provided by this Act or the regulations, the terms and conditions of employment of a transferred employee (including conditions as to remuneration and duration of employment) are to be the same as they were immediately before the commencement of the relevant order under clause 16 and are to continue to have effect.
Neither the contract of employment nor the period of employment of each transferred employee is taken to have been broken by the operation of this Act for the purposes of any law, award or agreement relating to the employment of that employee.
The transfer of a transferred employee does not affect any right to leave of absence (including long service leave) accrued before the repeal of the 1991 Act.
The terms and conditions of employment referred to in subclause (1) may be varied but only by the means by which they could be varied immediately before the commencement of this clause.
If, before the repeal of the 1991 Act—
(a) a person died or retired or was retrenched, and
(b) at the date of death, retirement or retrenchment—
(i) the person was an employee of the SAS Board, the PSES Board or the Corporation, or
(ii) the SAS Board, the PSES Board or the Corporation was, for the purposes of any superannuation scheme, the employer of the person,
then, for the purposes of the Act by or under which the scheme is established, the relevant body is, on and after the day on which the 1991 Act is repealed, taken to be the employer in the service of whom the person was employed at the date of death, retirement or retrenchment for the purposes of any provision in that Act under which payments may be required to be made by the employer of that person in respect of that scheme.
For the purposes of this section, the relevant body—
(a) in relation to a person whose employer was the SAS Board is STC, and
(b) in relation to a person whose employer was the Corporation is SAA, and
(c) in relation to a person whose employer was the PSES Board is FTC.
An appeal pending immediately before the repeal of the 1991 Act under any provision of that Act may be dealt with and determined as if that Act had not been repealed.
(Repealed)
Any contract for the performance of services entered into with the SAS Board by another person or body (other than the Corporation), and in force immediately before the repeal of the 1991 Act and relating to the STC schemes, becomes, on the repeal of that Act, a contract for the performance of services entered into with STC.
Any contract for the performance of services entered into with the SAS Board or the PSES Board by another person or body (other than the Corporation), and in force immediately before the repeal of the 1991 Act and relating to the FTC schemes, becomes, on the commencement of this subclause, a contract for the performance of services entered into with FTC.
Any contract for the performance of services entered into with the Corporation by another person or body (other than the SAS Board or the PSES Board), and in force immediately before the repeal of the 1991 Act and relating to the investment of the FTC or STC funds or related matters, becomes, on the repeal of that Act, a contract for the performance of services entered into with STC, in relation to STC funds or related matters, or FTC, in relation to FTC funds or related matters.
Any contract for the performance of services entered into with the Corporation by another person or body (other than the SAS Board or the PSES Board), and in force immediately before the repeal of the 1991 Act and relating to the scheme administration of the FTC or STC schemes or related matters, becomes, on the repeal of that Act, a contract for the performance of services entered into with SAA.
Despite subclauses (3) and (4), a contract for the performance of services entered into with the Corporation by another person or body (other than the SAS Board or the PSES Board), and in force immediately before the repeal of the 1991 Act and relating to an asset, right or liability of the Corporation transferred to AFMC under clause 11, becomes, on the transfer, to the extent that it so relates, a contract entered into with AFMC.
Any contract for the performance of services entered into with the Corporation by the SAS Board or the PSES Board, and in force immediately before the repeal of the 1991 Act and relating to the scheme administration of the FTC or STC schemes or related matters, becomes, on the repeal of that Act, a contract for the performance of services entered into with SAA by FTC or STC, respectively.
This section applies to the following—
(a) the repeal of the 1991 Act, the amendment of the Public Sector Executives Superannuation Act 1989 by this Act and the operation of this Schedule, and
(b) the establishment of STC, FTC, SAA and AFMC, and
(c) any agreement or other arrangement entered into for purposes connected with a matter referred to in paragraph (a) or (b).
None of the matters or things referred to in subclause (1) are to be regarded—
(a) as a breach of a contract or of an arrangement, or
(b) as giving rise to any right or remedy by a party to a contract or other arrangement, or
(c) as a breach of confidence or a civil wrong.
For the avoidance of doubt, it is declared that for any period during which superannuation funds were treated as one fund under—
(a) section 20 of the 1991 Act before its amendment by the Superannuation Administration Amendment Act 1995, or
(b) section 19 of the Superannuation Administration Act 1987 before its repeal by the 1991 Act,
those funds were part of an amalgamated fund.
For the purposes of this Act, State Super Financial Services Limited is taken to be a company established by STC and STC is taken to have power to establish such a company.
This clause applies to the following trade unions—
(a) The Federated Municipal and Shire Council Employees’ Union of Australia, New South Wales Division,
(b) The Public Service Association of New South Wales.
Each trade union to which this clause applies—
(a) may have employees of SAA as members, and
(b) may represent the interests of employees of SAA in industrial matters,
whether or not any such power or authority is conferred by the rules of the union or any Act or law.
In this Part—
The amendments made by the 2005 Act to sections 4, 22, 32, 35, 40, 67, 77, 80 and 88 apply to a dispute that occurred but has not been determined before the commencement of those amendments.
The amendments made by the 2005 Act to those sections do not apply to a dispute determined before the commencement of those amendments.
A dispute under the Acts under which the FTC schemes are established or constituted that was determined by a committee on behalf of FTC before the commencement of the amendments made by the 2005 Act to sections 4, 22, 32, 35 and 40 is taken to have been determined by FTC.
A dispute under the Acts under which the STC schemes are established or constituted that was determined by a committee on behalf of STC before the commencement of the amendments made by the 2005 Act to sections 4, 67, 77, 80 and 88 is taken to have been determined by STC.
Any approval given or purported to be given by the Minister under section 125 (1A) of this Act as in force before the commencement of the 2006 amending Act that would have been validly given under that subsection, had the amendments made by the 2006 amending Act been in force when it was given, is validated and is taken to have always been validly given.
Accordingly, any trust deed the extension of the application of which was approved as referred to in subclause (1) and which would have been validly extended, had the amendments made by the 2006 amending Act been in force when the trust deed was extended, is taken to have always been validly extended.
In this clause—
Section 80A, as inserted by the Superannuation Legislation Amendment Act 2007, does not prevent STC from indemnifying a person who is or has been an officer of STC against a liability incurred as an officer of STC, without the approval of the Minister, if the indemnity is provided pursuant to a deed or other written agreement entered into by STC before the commencement of section 80A.
In this clause—
(a) a member of the STC Board,
(b) the chief executive officer of STC.
(Repealed)
Superannuation Administration Act 1996 No 39. Assented to 25.6.1996. Date of commencement, 1.7.1996, sec 2 and GG No 77 of 28.6.1996, p 3290. This Act has been amended as follows—
No 121 | Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 1.23 [1], 13.11.1996, Sch 1.23; date of commencement of Sch 1.23 [2]–[6], 1.7.1996, Sch 1.23; date of commencement of Sch 4.54, 4 months after assent, sec 2 (4). | |
No 42 | Superannuation Legislation Amendment Act 1997. Assented to 30.6.1997. Date of commencement of Sch 1.9 [1]–[3], assent, sec 2 (1); date of commencement of Sch 1.9 [4], 1.7.1996, sec 2 (4). | |
No 72 | Superannuation Legislation Amendment Act 1998. Assented to 14.7.1998. Date of commencement of Sch 1.5, assent, sec 2 (2). | |
No 144 | Superannuation Legislation Further Amendment Act 1998. Assented to 8.12.1998. Date of commencement of Sch 1, 1.2.1999, sec 2 (1) and GG No 12 of 29.1.1999, p 282; date of commencement of Sch 2.6 [1] and [3], 1.3.1999, sec 2 (1) and GG No 12 of 29.1.1999, p 282; date of commencement of Sch 2.6 [2] [4] and [6], assent, sec 2 (2); date of commencement of Sch 2.6 [5], 1.7.1999, sec 2 (3). | |
No 5 | Superannuation Administration Authority Corporatisation Act 1999. Assented to 7.6.1999. Date of commencement, 26.7.1999, sec 2 and GG No 84 of 23.7.1999, p 5146. | |
No 6 | Superannuation Legislation Amendment Act 1999. Assented to 7.6.1999. Date of commencement, assent, sec 2. | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 86 | Superannuation Legislation Further Amendment Act 1999. Assented to 3.12.1999. Date of commencement of Sch 1.9, 1.3.2000, sec 2 (2). | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of sec 7 and Sch 5, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 104 | Rural Fires Amendment Act 2000. Assented to 13.12.2000. Date of commencement of Sch 2, 5.2.2001, sec 2 and GG No 34 of 2.2.2001, p 440. | |
No 98 | Superannuation Legislation Amendment (Miscellaneous) Act 2001. Assented to 11.12.2001. Date of commencement, assent, sec 2. | |
No 10 | Superannuation Administration Amendment Act 2004. Assented to 17.3.2004. Date of commencement, 2.4.2004, sec 2 and GG No 69 of 2.4.2004, p 1798. | |
No 55 | Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 52 | Superannuation Legislation Amendment Act 2005. Assented to 27.6.2005. Date of commencement, 8.7.2005, sec 2 and GG No 86 of 8.7.2005, p 3574. | |
No 64 | Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 2.54, assent, sec 2 (2). | |
No 91 | First State Superannuation Legislation Amendment (Conversion) Act 2005. Assented to 24.11.2005. Date of commencement of Sch 1.2, assent, sec 2 (3); date of commencement of Sch 2, 1.5.2006, sec 2 (1) and GG No 58 of 28.4.2006, p 2366. | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 2.57, assent, sec 2 (2). | |
No 2 | Public Sector Employment Legislation Amendment Act 2006. Assented to 13.3.2006. Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p 1378. | |
No 121 | Superannuation Administration Amendment (Trust Deed Schemes) Act 2006. Assented to 4.12.2006. Date of commencement, assent, sec 2. | |
No 28 | Superannuation Legislation Amendment Act 2007. Assented to 4.7.2007. Date of commencement, assent, sec 2. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 2 and 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 28 | Superannuation Administration Amendment Act 2008. Assented to 11.6.2008. Date of commencement, assent, sec 2. | |
No 117 | Superannuation Administration Amendment (Chief Executive) Act 2008. Assented to 10.12.2008. Date of commencement, assent, sec 2. | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 53 | Superannuation Administration Amendment (Investment Management and Other Matters) Act 2015. Assented to 5.11.2015. Date of commencement, 4.12.2015, sec 2 and 2015 (746) LW 4.12.2015. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 48 | Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016. Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016. | |
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 1.20, 8.1.2019, sec 2 (1). | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018; date of commencement of Sch 4.97[1] and [4], 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021; date of commencement of Sch 4.97[2] and [3], 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. | |
No 63 | Treasury and Energy Legislation Amendment Act 2022. Assented to 14.11.2022. Date of commencement of Sch 3.1, except Sch 3.1[10], assent, sec 2(1)(b); date of commencement of Sch 3.1[10], 28.3.2025, sec 2(1)(a) and 2025 (89) LW 7.3.2025. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 41 | Industrial Relations Amendment Act 2023. Assented to 5.12.2023. Date of commencement of Sch 2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024. |
Long title | Am 1999 No 5, Sch 4 [13]; 2004 No 10, Sch 1 [1]; 2005 No 91, Sch 2.2 [1]; 2006 No 121, Sch 1 [1]. |
Sec 3 | Am 1999 No 5, Sch 4 [1]; 2004 No 10, Sch 1 [2]; 2005 No 91, Sch 2.2 [2]; 2006 No 121, Sch 1 [2]. |
Sec 4 | Am 1997 No 42, Sch 1.9 [1]; 1999 No 5, Sch 4 [2]; 1999 No 86, Sch 1.9 [1]; 2004 No 10, Sch 1 [3]–[5]; 2005 No 52, Sch 7 [1]; 2005 No 91, Sch 2.2 [3]; 2008 No 28, Sch 1 [1]; 2015 No 53, Sch 1 [1]; 2018 No 70, Sch 4.97[1]. |
Sec 5 | Rep 2005 No 91, Sch 2.2 [4]. |
Part 2 | Rep 2005 No 91, Sch 2.2 [5]. |
Part 2, note | Rep 2005 No 91, Sch 2.2 [5]. |
Part 2, Div 1 | Rep 2005 No 91, Sch 2.2 [5]. |
Secs 7, 8 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 9 | Am 1999 No 5, Sch 4 [3] [4]; 1999 No 86, Sch 1.9 [2]. Rep 2005 No 91, Sch 2.2 [5]. |
Secs 10–12 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 12A | Ins 1998 No 144, Sch 2.6 [1]. Rep 2005 No 91, Sch 2.2 [5]. |
Sec 13 | Rep 2005 No 91, Sch 2.2 [5]. |
Part 2, Div 2 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 14 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 15 | Am 1998 No 72, Sch 1.5; 2004 No 10, Sch 1 [6] [7]. Rep 2005 No 91, Sch 2.2 [5]. |
Secs 16–18 | Rep 2005 No 91, Sch 2.2 [5]. |
Part 2, Div 3 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 19 | Subst 1999 No 5, Sch 4 [5]. Am 2004 No 10, Sch 1 [8]. Rep 2005 No 91, Sch 2.2 [5]. |
Secs 20, 21 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 22 | Subst 1998 No 144, Sch 2.6 [2]. Am 2005 No 52, Sch 7 [2]–[4]. Rep 2005 No 91, Sch 2.2 [5]. |
Sec 23 | Rep 2005 No 91, Sch 2.2 [5]. |
Part 2, Div 4 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 24 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 25 | Am 2005 No 64, Sch 2.54 [1]. Rep 2005 No 91, Sch 2.2 [5]. |
Sec 26 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 27 | Am 2005 No 64, Sch 2.54 [1]–[3]. Rep 2005 No 91, Sch 2.2 [5]. |
Sec 28 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 29 | Am 1999 No 6, Sch 1.6 [1]. Rep 2005 No 91, Sch 2.2 [5]. |
Secs 30, 31 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 32 | Am 2005 No 52, Sch 7 [5] [6]. Rep 2005 No 91, Sch 2.2 [5]. |
Secs 33, 34 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 35 | Am 1998 No 144, Sch 1.5 [1]; 1999 No 6, Sch 1.6 [2]; 2005 No 52, Sch 7 [7]. Rep 2005 No 91, Sch 2.2 [5]. |
Part 2, Div 5 (secs 36–39) | Rep 2005 No 91, Sch 2.2 [5]. |
Part 2, Div 6 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 40 | Am 2005 No 52, Sch 7 [8]–[10]. Rep 2005 No 91, Sch 2.2 [5]. |
Sec 41 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 42 | Am 2004 No 10, Sch 1 [9]–[12]. Rep 2005 No 91, Sch 2.2 [5]. |
Sec 42A | Ins 1997 No 42, Sch 1.9 [2]. Rep 2004 No 10, Sch 1 [13]. |
Sec 43 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 44 | Am 1998 No 144, Sch 2.6 [3]. Rep 2005 No 91, Sch 2.2 [5]. |
Sec 45 | Am 2005 No 52, Sch 7 [11]. Rep 2005 No 91, Sch 2.2 [5]. |
Secs 46, 47 | Rep 2005 No 91, Sch 2.2 [5]. |
Sec 50 | Am 1999 No 5, Sch 4 [6] [7]; 2006 No 2, Sch 4.63 [1]; 2008 No 117, Sch 1 [1]; 2015 No 58, Sch 3.86 [1]. |
Sec 51 | Am 2015 No 53, Sch 1 [2]. |
Sec 53 | Am 2015 No 53, Sch 1 [3]–[5]. |
Sec 54 | Am 2015 No 53, Sch 1 [6] [7]. |
Sec 58 | Am 2015 No 53, Sch 1 [8]. |
Sec 59 | Am 2004 No 10, Sch 1 [14]; 2015 No 53, Sch 1 [9]–[12]. |
Sec 60 | Rep 2004 No 10, Sch 1 [15]. Ins 2015 No 53, Sch 1 [13]. |
Sec 61 | Rep 2015 No 53, Sch 1 [14]. |
Sec 62 | Am 2018 No 70, Sch 3.56 [1]. |
Sec 63 | Am 2018 No 70, Sch 3.56 [2]. |
Sec 64 | Subst 1999 No 5, Sch 4 [8]. Am 2004 No 10, Sch 1 [16]. |
Sec 67 | Am 1996 No 121, Sch 1.23 [1]. Subst 1998 No 144, Sch 2.6 [4]. Am 2005 No 52, Sch 7 [12]–[15]; 2008 No 28, Sch 1 [2]. |
Sec 70 | Am 2005 No 64, Sch 2.54 [1]. |
Sec 72 | Am 2005 No 64, Sch 2.54 [1]–[3]; 2008 No 28, Sch 1 [3]. |
Sec 74 | Am 1999 No 6, Sch 1.6 [3]; 2008 No 28, Sch 1 [4] [5]; 2008 No 117, Sch 1 [2] [3]. |
Sec 75 | Rep 2006 No 2, Sch 4.63 [2]. Ins 2015 No 58, Sch 3.86 [2]. |
Sec 77 | Am 2005 No 52, Sch 7 [16] [17]. |
Sec 79 | Am 2018 No 68, Sch 1.20; 2018 No 70, Sch 4.97[2] [3]. |
Sec 80 | Am 1998 No 144, Sch 1.5 [2]; 1999 No 6, Sch 1.6 [4]; 2005 No 52, Sch 7 [18]. |
Sec 80A | Ins 2007 No 28, Sch 4 [1]. |
Sec 81 | Am 1999 No 6, Sch 1.6 [5]. |
Sec 81A | Ins 2008 No 28, Sch 1 [6]. |
Sec 85 | Am 2008 No 28, Sch 1 [7]. |
Sec 87 | Am 2018 No 70, Sch 4.97[4]. |
Sec 88 | Am 2005 No 52, Sch 7 [19]–[21]; 2016 No 48, Sch 2.33 [1] [2]; 2023 No 41, Sch 2.31[1] [2]. |
Sec 90 | Am 2004 No 10, Sch 1 [17]–[20]. |
Sec 90A | Ins 1997 No 42, Sch 1.9 [3]. Rep 2004 No 10, Sch 1 [21]. |
Sec 93 | Am 2005 No 52, Sch 7 [22]. |
Part 4, heading | Rep 1999 No 5, Sch 4 [9]. Ins 2004 No 10, Sch 1 [22]. Am 2005 No 91, Sch 2.2 [6]. |
Part 4 | Rep 1999 No 5, Sch 4 [9]. Ins 2004 No 10, Sch 1 [22]. |
Part 4, Div 1 | Rep 1999 No 5, Sch 4 [9]. |
Sec 96 | Rep 1999 No 5, Sch 4 [9]. Ins 2004 No 10, Sch 1 [22]. Am 2005 No 52, Sch 7 [23]; 2005 No 91, Sch 2.2 [7]. |
Sec 97 | Rep 1999 No 5, Sch 4 [9]. Ins 2004 No 10, Sch 1 [22]. Am 2005 No 91, Sch 2.2 [8]–[11]. |
Sec 98 | Rep 1999 No 5, Sch 4 [9]. Ins 2004 No 10, Sch 1 [22]. Am 2005 No 91, Sch 2.2 [8]–[10] [12]. |
Sec 99 | Rep 1999 No 5, Sch 4 [9]. Ins 2004 No 10, Sch 1 [22]. Am 2005 No 91, Sch 2.2 [9] [13]. |
Sec 100 | Rep 1999 No 5, Sch 4 [9]. |
Sec 100A | Ins 1998 No 144, Sch 1.5 [3]. Am 1999 No 6, Sch 1.6 [6]. Rep 1999 No 5, Sch 4 [9]. |
Sec 101 | Rep 1999 No 5, Sch 4 [9]. |
Part 4, Div 2 | Rep 1999 No 5, Sch 4 [9]. |
Secs 102–107 | Rep 1999 No 5, Sch 4 [9]. |
Sec 108 | Am 1998 No 144, Sch 1.5 [4] [5]. Rep 1999 No 5, Sch 4 [9]. |
Part 4, Divs 3, 4 (secs 109–118) | Rep 1999 No 5, Sch 4 [9]. |
Part 5, heading | Subst 2022 No 63, Sch 3.1[1]. |
Part 5, Div 1, heading | Rep 2022 No 63, Sch 3.1[2]. |
Sec 119 | Am 1999 No 5, Sch 4 [10]; 2004 No 10, Sch 1 [23] [24]; 2005 No 91, Sch 2.2 [8] [9] [12] [14]–[16]. |
Sec 120 | Am 2005 No 91, Sch 2.2 [12] [17]. |
Sec 121 | Am 2005 No 91, Sch 2.2 [18] [19]. |
Secs 122, 123 | Am 2005 No 91, Sch 2.2 [20]. |
Part 5, Div 2, heading | Renumbered as Part 6, 2022 No 63, Sch 3.1[3]. |
Sec 125 (previously sec 127) | Am 1997 No 42, Sch 1.9 [4]; 2000 No 104, Sch 2.3; 2001 No 98, Sch 3 [1] [2]; 2005 No 64, Sch 2.54 [1]; 2005 No 91, Sch 2.2 [20]; 2006 No 121, Sch 1 [3]–[5]; 2010 No 19, Sch 3.107 [1] [2]. Renumbered 2022 No 63, Sch 3.1[5]. |
Sec 126 (previously sec 128) | Am 1998 No 144, Sch 2.6 [5]; 1999 No 5, Sch 4 [11]; 2004 No 10, Sch 1 [25]; 2005 No 91, Sch 2.2 [21] [22]. Renumbered 2022 No 63, Sch 3.1[5]. |
Sec 126A (previously sec 128A) | Ins 1998 No 144, Sch 2.6 [6]. Am 2001 No 98, Sch 3 [3]; 2005 No 52, Sch 7 [24]. Renumbered 2022 No 63, Sch 3.1[5]. Am 2022 No 63, Sch 3.1[6]–[9]. Rep 2022 No 63, Sch 3.1[10]. |
Sec 127 (previously sec 128B) | Ins 2001 No 98, Sch 3 [4]. Am 2005 No 52, Sch 7 [25]; 2005 No 91, Sch 2.2 [23]; 2005 No 98, Sch 2.57; 2006 No 121, Sch 1 [6]. Renumbered 2022 No 63, Sch 3.1[5]. |
Part 7 | Ins 2022 No 63, Sch 3.1[11]. |
Sec 127AA | Ins 2022 No 63, Sch 3.1[11]. |
Sec 127A | Ins 2015 No 53, Sch 1 [15]. Am 2022 No 63, Sch 3.1[12]. |
Sec 127B | Ins 2022 No 63, Sch 3.1[13]. |
Sec 128 | Ins 2022 No 63, Sch 3.1[13]. |
Sec 128A | Ins 2022 No 63, Sch 3.1[13]. |
Sec 128B | Ins 2022 No 63, Sch 3.1[13]. |
Part 8 | Ins 2022 No 63, Sch 3.1[14]. |
Sec 128C | Ins 2005 No 91, Sch 1.2 [1]. |
Sec 129 | Am 1999 No 5, Sch 4 [12]; 2005 No 91, Sch 2.2 [24] [25]. |
Sec 129A | Ins 2015 No 53, Sch 1 [16]. |
Sec 129B (previously sec 125) | Renumbered 2022 No 63, Sch 3.1[4]. |
Sec 129C (previously sec 126) | Am 2007 No 94, Schs 2, 4. Renumbered 2022 No 63, Sch 3.1[4]. |
Sec 132 | Rep 1999 No 85, Sch 4. |
Sch 1 | Am 1999 No 94, sec 7 (3) and Sch 5, Part 3; 2004 No 10, Sch 1 [26] [27]. Rep 2005 No 91, Sch 2.2 [26]. |
Sch 2 | Am 1999 No 94, sec 7 (3) and Sch 5, Part 3; 2004 No 10, Sch 1 [28] [29]; 2008 No 28, Sch 1 [8]; 2015 No 58, Sch 3.86 [3]. |
Sch 2A | Ins 2005 No 91, Sch 1.2 [2]. Am 2023 No 7, Sch 3.28. |
Sch 3 | Am 1996 No 121, Schs 1.23 [2]–[4], 4.54; 2001 No 98, Sch 3 [5] [6]; 2004 No 10, Sch 1 [30] [31]; 2004 No 55, Sch 3; 2005 No 52, Sch 7 [26] [27]; 2005 No 91, Sch 2.2 [27]; 2006 No 121, Sch 1 [7] [8]; 2007 No 28, Sch 4 [2] [3]; 2015 No 53, Sch 1 [17]. |
Sch 4 | Am 1996 No 121, Sch 1.23 [5] [6]. Rep 1999 No 85, Sch 4. |
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