Superannuation and Other Legislation Amendment Act 1997 (Qld)

Queensland SUPERANNUATION AND OTHER LEGISLATION AMENDMENT ACT 1997 Act No. 21 of 1997

Queensland SUPERANNUATION AND OTHER LEGISLATION AMENDMENT ACT 1997 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—AMENDMENT OF SUPERANNUATION (STATE PUBLIC SECTOR) ACT 1990 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Replacement of ss 3–6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Board’s principal function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Eligibility to be an appointed trustee . . . . . . . . . . . . . . . . . . . . . . . . . 9 6A Appointed trustees’ term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6B Appointment not affected by other laws restricting employment . . 9 6C Deputies for trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6D Executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6E Common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6F Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6G Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6H Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6I Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6J Resolutions other than at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 Amendment of s 7 (Powers etc. of board) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Superannuation and Other Legislation Amendment No. 21, 1997 7 Amendment of s 8 (Board member indemnified) . . . . . . . . . . . . . . . . . . . . . 13 8 Amendment of s 9 (Remuneration of board members) . . . . . . . . . . . . . . . . . 13 9 Amendment of s 10 (Establishment of fund) . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 12A Membership categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11 Amendment of s 13 (Membership of scheme) . . . . . . . . . . . . . . . . . . . . . . . 14 12 Amendment of s 15 (Definitions for div 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13 Omission of s 15A (Benefits payable to certain scheme members) . . . . . . 15 14 Amendment of s 15B (Special provisions for regulation-making power under division) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 Amendment of s 15C (Benefits payable to declared relevant employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 Amendment of s 15D (Restitution if regulation stops applying) . . . . . . . . . 16 17 Omission of s 16 (Accounts relating to fund) . . . . . . . . . . . . . . . . . . . . . . . . 16 18 Amendment of s 21 (Protection of scheme’s name) . . . . . . . . . . . . . . . . . . . 16 19 Amendment of s 22 (Publicity of scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . 17 20 Omission of s 25 (Rates or amounts of benefit etc. to be rounded off) . . . . 17 21 Replacement of s 28 (Contributions by units) . . . . . . . . . . . . . . . . . . . . . . . . 17 28 Contributions by units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22 Insertion of new ss 30A and 30B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 30A Judicial notice of certain matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 30B References to discontinued schemes . . . . . . . . . . . . . . . . . . . . . . . . . 18 23 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 5—TRANSITIONAL 32 Definitions for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 33 Discontinued schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 34 Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 35 Entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 36 Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 37 Discontinued funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 38 Agreements and legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 39 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

3 Superannuation and Other Legislation Amendment No. 21, 1997 40 Executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 41 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 42 Application of laws to discontinued boards . . . . . . . . . . . . . . . . . . . . 24 43 Liability for tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 44 Deed making power for transferring members . . . . . . . . . . . . . . . . . . 24 45 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 3—AMENDMENT OF FIRE AND RESCUE AUTHORITY ACT 1990 24 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 25 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 Omission of pt 4, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 27 Amendment of sch 4 (Matters concerning the operation of the rural fire council and the trustees of the fire service superannuation scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 4—AMENDMENT OF PUBLIC OFFICERS SUPERANNUATION BENEFITS RECOVERY ACT 1988 28 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 29 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 30 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5A Non-application of non-assignment provisions . . . . . . . . . . . . . . . . . 27 31 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7A Nature of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 32 Amendment of s 11 (Effect of order on pension benefits) . . . . . . . . . . . . . . 28 33 Insertion of new s 11C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 11C Effect of order on preserved benefits . . . . . . . . . . . . . . . . . . . . . . . . . 28 PART 5—AMENDMENT OF BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 1991 34 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 35 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 36 Amendment of s 61 (Election to take benefits under this Act or Industrial Relations Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 37 Amendment of s 62 (Payments to employers) . . . . . . . . . . . . . . . . . . . . . . . 30 38 Amendment of s 107 (Powers of Industrial Magistrate) . . . . . . . . . . . . . . . . 30

4 Superannuation and Other Legislation Amendment No. 21, 1997 PART 6—REPEALS 39 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Queensland Superannuation and Other Legislation Amendment Act 1997 Act No. 21 of 1997 An Act to amend or repeal certain Acts establishing superannuation schemes, to provide for the amalgamation of the schemes, and for other purposes [Assented to 15 May 1997]

s1 6 Superannuation and Other Legislation Amendment The Parliament of Queensland enacts— s3 No. 21, 1997 PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Superannuation and Other Legislation Amendment Act 1997 . ˙ Commencement 2.(1) The following provisions commence on assent— • part 1 • section 23 so far as it inserts a heading for new part 5 and new sections 32 and 44 • part 4. (2) Part 5 is taken to have commenced on 27 March 1997. (3) The remaining provisions of this Act commence on 30 June 1997, immediately before the end of the day. PART 2—AMENDMENT OF SUPERANNUATION (STATE PUBLIC SECTOR) ACT 1990 ˙ Amended Act 3. This part amends the Superannuation (State Public Sector) Act 1990 .

s4 7 s5 Superannuation and Other Legislation Amendment No. 21, 1997 ˙ Amendment of s 2 (Interpretation) 4.(1) Section 2(1), definitions “board member” and “Government Superannuation Provision Fund” — omit. (2) Section 2(1)— insert— ‘ “appointed trustee” see section 5. 1 “government superannuation provision fund” means the account established to hold the amounts mentioned in section 10(3). “trustee” means a member of the board of trustees.’. ˙ Replacement of ss 3–6 5. Sections 3 to 6— omit, insert— ˙ ‘ Establishment of board ‘ 3.(1) The existing board is continued under the name ‘Board of Trustees of the State Public Sector Superannuation Scheme’. ‘ (2) The board— (a) is a body corporate; and (b) has perpetual succession; and (c) has a common seal; and (d) may sue and be sued in its corporate name. ‘ (3) The board is— (a) a statutory body under the Financial Administration and AuditAct 1977 ; and (b) an exempt public authority under the Corporations Law. 1 Section 5 (Membership of board)

s5 8 s5 Superannuation and Other Legislation Amendment No. 21, 1997 ‘ (4) The board represents the State. ‘ (5) Without limiting subsection (4), the corporation has all the privileges and immunities of the State. ‘ (6) In this section— “existing board” means the board established under this Act and existing immediately before the commencement of the Superannuation and Other Legislation Amendment Act 1997 . ˙ ‘ Board’s principal function ‘ 4. The board’s principal function is to administer the scheme. ˙ ‘ Membership of board ‘ 5.(1) The board consists of the chief executive, who is chairperson of the board, and the following members (the “appointed trustees” )— (a) 4 individuals nominated by the Minister; (b) 5 individuals nominated by member entities. ‘ (2) The appointed trustees must be appointed by the Governor in Council by gazette notice. ‘ (3) Before, or as soon as practicable after, a vacancy arises in the office of an appointed trustee mentioned in subsection (1)(b), the Minister must, by written notice, ask as many member entities as the Minister considers appropriate to nominate 1 or more individuals for appointment to the vacancy. ‘ (4) If the Minister gives a notice under subsection (3) and does not receive a nomination for the vacancy within the time stated in the notice— (a) the Minister may nominate an individual for appointment to the vacancy; and (b) the nominee is taken to have been nominated by a member entity. ‘ (5) In this section— “member entity” means an industrial union, or another entity that represents its members on matters relevant to their financial

s5 9 s5 Superannuation and Other Legislation Amendment No. 21, 1997 well-being, whose members include persons who are eligible for membership of the scheme. ˙ ‘ Eligibility to be an appointed trustee ‘ 6. A person is not eligible to be an appointed trustee if the person— (a) is a minor; or (b) is bankrupt, has applied to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit; or (c) has been convicted of an indictable offence or an offence involving dishonesty. ˙ ‘ Appointed trustees’ term of office ‘ 6A.(1) An appointed trustee holds office for the term, not longer than 3 years, stated in the trustee’s appointment. ‘ (2) The office of an appointed trustee becomes vacant if the trustee— (a) dies; or (b) resigns by signed notice given to the Minister; or (c) becomes ineligible to be an appointed trustee; 2 or (d) is absent from 3 consecutive board meetings, of which the trustee has been given notice under procedures approved by the board, without the board’s leave and without reasonable excuse. ‘ (3) For subsection (2)(d), a trustee is taken not to be absent from a board meeting if the trustee’s deputy attends the meeting. ˙ ‘ Appointment not affected by other laws restricting employment ‘ 6B. If another Act prohibits or regulates a person’s employment, or 2 See section 6 (Eligibility to be an appointed trustee).

s 5 10 s 5 Superannuation and Other Legislation Amendment No. 21, 1997 other engagement in activities, outside of a stated office or position, the Act does not prevent the person from— (a) being appointed to the board; or (b) carrying out the person’s functions as a trustee; or (c) being paid a fee or allowance to which the person is entitled because of the appointment. ˙ ‘ Deputies for trustees ‘ 6C.(1) A trustee may, by written notice, appoint an appropriately qualified person as his or her deputy. ‘ (2) A trustee’s deputy may attend a board meeting in the trustee’s absence and exercise the trustee’s powers under this Act at the meeting. ‘ (3) In subsection (1)— “appropriately qualified person” means a person who— (a) is eligible to be an appointed trustee; 3 and (b) has the qualifications, experience or standing appropriate to exercise the trustee’s powers. ˙ ‘ Executive officer ‘ 6D.(1) There is to be an executive officer of the board. ‘ (2) The executive officer must be appointed under the Public Service Act1996 . ‘ (3) A person may be appointed as executive officer whether or not the person is a trustee. ‘ (4) The executive officer has the functions given by this Act and any other functions given by the board. 3 See section 6 (Eligibility to be an appointed trustee).

s 5 11 s 5 Superannuation and Other Legislation Amendment No. 21, 1997 ˙ ‘ Common seal ‘ 6E.(1) The executive officer has custody of the board’s common seal. ‘ (2) Subject to the board’s directions, the executive officer may execute a document on the board’s behalf by signing the document and attaching the board’s common seal. ˙ ‘ Delegation by board ‘ 6F.(1) The board may delegate it’s powers under this Act to the executive officer, a trustee or an appropriately qualified person. ‘ (2) A delegation of a power may permit the subdelegation of the power to the executive officer, a trustee or an appropriately qualified person. ‘ (3) In subsection (1)— “appropriately qualified” means having the qualifications, experience or standing appropriate to exercise the power. ˙ ‘ Conduct of business ‘ 6G. Subject to this Act, the board may conduct its business, including its meetings, in the way it considers appropriate. ˙ ‘ Time and place of meetings ‘ 6H.(1) Board meetings are to be held at the times and places the board decides. ‘ (2) The chairperson— (a) may call a meeting at any time; and (b) must call a meeting on the written request of at least 7 trustees. ˙ ‘ Conduct of meetings ‘ 6I.(1) The chairperson is to preside at all board meetings at which the chairperson is present. ‘ (2) In the chairperson’s absence—

s 6 12 s 6 Superannuation and Other Legislation Amendment No. 21, 1997 (a) if the chairperson has a deputy who is present at the meeting—the deputy is to preside; or (b) otherwise—another trustee chosen by the trustees present is to preside. ‘ (3) A resolution is passed at a board meeting only if at least 7 trustees vote in favour of the resolution. ‘ (4) The trustee presiding at a meeting has a deliberative vote only. ‘ (5) A trustee present at a meeting who abstains from voting is taken to have voted for the negative. ‘ (6) The board may hold meetings, or permit trustees to take part in meetings, by telephone, video link, or another form of communication that allows reasonably contemporaneous and continuous communication between the trustees taking part in the meeting. ‘ (7) A trustee who takes part in a meeting under a permission under subsection (6) is taken to be present at the meeting. ˙ ‘ Resolutions other than at meetings ‘ 6J.(1) A resolution may be made by the board, other than at a board meeting, if— (a) at least 7 trustees give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. ‘ (2) The resolution is taken to have been made on the day that the seventh trustee gives written agreement to it.’. ˙ Amendment of s 7 (Powers etc. of board) 6. Section 7— insert— ‘ (2) Without limiting subsection (1), the board has, for or in connection with the performance of its functions, all the powers of an individual, including, for example, the power to—

s 7 13 s 9 Superannuation and Other Legislation Amendment No. 21, 1997 (a) enter into contracts; and (b) acquire, hold, dispose of and deal with property; and (c) appoint attorneys and agents; and (d) engage consultants; and (e) do anything else necessary or convenient to be done for, or in connection with, the performance of its functions. ‘ (3) Also, without limiting subsection (1), the board has the powers conferred on it by this or another Act.’. ˙ Amendment of s 8 (Board member indemnified) 7. Section 8, ‘board member’— omit, insert— ‘trustee’. ˙ Amendment of s 9 (Remuneration of board members) 8.(1) Section 9, heading, ‘board members’— omit, insert— ‘trustees’. (2) Section 9, ‘board member’— omit, insert— ‘trustee’. ˙ Amendment of s 10 (Establishment of fund) 9. Section 10— insert— ‘ (3) The following amounts must be held in the government superannuation provision fund— (a) an amount transferred to the fund on a person’s election, under

s 10 14 s 11 Superannuation and Other Legislation Amendment No. 21, 1997 the repealed StateServiceSuperannuationAct1972 or the repealed Police Superannuation Act 1974 , to become a member of the scheme; (b) an amount that— (i) was previously held in the Government Officers’ Superannuation Fund established under the repealed Superannuation(GovernmentandOtherEmployees)Act1988 ; and (ii) became part of the fund on the commencement of the Superannuation and Other Legislation Amendment Act 1997 .’. ˙ Insertion of new s 12A 10. After section 12— insert— ˙ ‘ Membership categories ‘ 12A. The deed must provide for different categories of members.’. ˙ Amendment of s 13 (Membership of scheme) 11. Section 13(2)— omit, insert— ‘ (2) The notice must declare— (a) whether membership of the scheme is compulsory or discretionary; and (b) any conditions applying to membership; and (c) the membership category or categories for which the person, or a member of the class of person, is eligible.’.

s 12 15 s 15 Superannuation and Other Legislation Amendment No. 21, 1997 ˙ Amendment of s 15 (Definitions for div 3) 12.(1) Section 15, definitions “application date” , “award” , “class 1 marine employee” , “class 2 marine employee” , “declared relevant employee” , “miscellaneous employee” and “relevant employee” — omit. (2) Section 15— insert— ‘ “award” means a Commonwealth award, industrial agreement or industrial instrument, within the meaning of the Workplace RelationsAct 1997 . “declared employee” means an employee declared under a regulation to be an employee to whom this division applies.’. (3) Section 15, definition “fresh award” , ‘relevant’— omit. (4) Section 15, definition “old award” , ‘relevant’— omit. ˙ Omission of s 15A (Benefits payable to certain scheme members) 13. Section 15A— omit. ˙ Amendment of s 15B (Special provisions for regulation-making power under division) 14. Section 15B(1), ‘relevant’— omit. ˙ Amendment of s 15C (Benefits payable to declared relevant employees) 15.(1) Section 15C, heading, ‘ relevant ’—

s 16 16 s 18 Superannuation and Other Legislation Amendment No. 21, 1997 omit. (2) Section 15C, ‘part 7 of’— omit. (3) Section 15C, ‘an employee who is a declared relevant employee’ omit, insert— ‘a declared employee’. ˙ Amendment of s 15D (Restitution if regulation stops applying) 16. Section 15D(1), ‘relevant’— omit. ˙ Omission of s 16 (Accounts relating to fund) 17. Section 16— omit. ˙ Amendment of s 21 (Protection of scheme’s name) 18.(1) Section 21, heading, ‘ scheme’s name ’— omit, insert— ‘ expressions associated with scheme ’. (2) Section 21(1), (2)(a) and (2)(b), ‘the expression ‘Q Super’ ’— omit, insert— ‘a declared expression’. (3) Section 21— insert— ‘ (4) In this section— “declared expression” means an expression, associated with the scheme, declared under a regulation to be an expression to which this section applies.

s 19 17 s 21 Superannuation and Other Legislation Amendment No. 21, 1997 Examples of expressions associated with the scheme— 1. A name given to the scheme. 2. A name given to a category of member. ’. ˙ Amendment of s 22 (Publicity of scheme) 19. Section 22(b)— omit. ˙ Omission of s 25 (Rates or amounts of benefit etc. to be rounded off) 20. Section 25— omit. ˙ Replacement of s 28 (Contributions by units) 21. Section 28— omit, insert— ˙ ‘ Contributions by units ‘ 28.(1) The Treasurer may require a unit of the State public sector to pay, for each member of the scheme employed or engaged by the unit, the amount the Treasurer decides is necessary to provide for the payment of benefits to the member under the scheme. ‘ (2) The unit must pay the amount within 1 week after the end of each pay period for the member. ‘ (3) If the amount is not paid within the time required under subsection (2), interest accrues on the outstanding amount at the rate prescribed under a regulation for this section. ‘ (4) The amount must be paid— (a) if a regulation requires payment to the board—to the board; or (b) otherwise—to the Treasurer.’.

s 22 18 s 23 Superannuation and Other Legislation Amendment No. 21, 1997 ˙ Insertion of new ss 30A and 30B 22. After section 30— insert— ˙ ‘ Judicial notice of certain matters ‘ 30A.(1) Judicial notice must be taken of the imprint of the board’s seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved. ‘ (2) Judicial notice also must be taken of— (a) the signature of a trustee or the executive officer; and (b) the fact that the person holds or has held the relevant office. ˙ ‘ References to discontinued schemes ‘ 30B.(1) In an Act or document, a reference to a discontinued scheme or a matter relating to a discontinued scheme may, if the context permits, be taken as a reference to the scheme established under this Act or the equivalent matter relating to the scheme established under this Act. ‘ (2) In subsection (1)— “discontinued scheme” means a superannuation scheme previously operated under any of the following Acts— • the Fire and Rescue Authority Act 1990 • the repealed Superannuation (Government and Other Employees)Act 1988 • the repealed Police Superannuation Act 1968 • the repealed Police Superannuation Act 1974 • the repealed Public Service Superannuation Act 1958 • the repealed State Service Superannuation Act 1972 .’. ˙ Insertion of new pt 5 23. After section 31—

s 23 19 s 23 Superannuation and Other Legislation Amendment No. 21, 1997 insert— ‘ PART 5—TRANSITIONAL ˙ ‘ Definitions for pt 5 ‘ 32. In this part— “commencement” means the commencement of this part, other than the part heading, this section and section 44. “discontinued fund” means a fund mentioned in section 37(1). “discontinued scheme” means a scheme mentioned in section 33. “fire service superannuation scheme” means the fire service superannuation scheme established under the FireandRescueAuthority Act 1990 , section 41. “fire superannuation board” means the entity constituted by the trustees of the fire service superannuation scheme appointed under the Fireand Rescue Authority Act 1990 , section 42. “Gosuper Act” means the Superannuation(GovernmentandOtherEmployees) Act 1988 . “Gosuper board” means the board of trustees established under section 4 of the Gosuper Act. “Gosuper fund” means the Government Officers’ Superannuation Fund established under section 14 of the Gosuper Act. “Gosuper scheme” means the scheme for the provision of superannuation benefits operated under the Gosuper Act. “member” , of a discontinued scheme, means— (a) for the fire service superannuation scheme—a participant in the scheme; or (b) for the Gosuper scheme—a member of the scheme; or (c) for the police superannuation schemes—a contributor within the meaning of the PoliceSuperannuationAct1968 or the PoliceSuperannuation Act 1974 ; or

s 23 20 s 23 Superannuation and Other Legislation Amendment No. 21, 1997 (d) for the State superannuation schemes—a contributor within the meaning of the Public Service Superannuation Act 1958 or the State Service Superannuation Act 1972 . “police superannuation board” means the police superannuation board established under the Police Superannuation Act 1974 , section 6. “police superannuation schemes” means the schemes for the provision of superannuation benefits operated under the Police SuperannuationAct 1968 and the Police Superannuation Act 1974 . “Qsuper board” means the board of trustees continued under section 3. “Qsuper scheme” means the scheme established under this Act. “replaced superannuation Act” means any of the following Acts— • Police Superannuation Act 1968 • Police Superannuation Act 1974 • Public Service Superannuation Act 1958 • State Service Superannuation Act 1972 • Superannuation (Government and Other Employees) Act 1988 . “State service superannuation board” means the State service superannuation board established under the StateServiceSuperannuation Act 1972 , section 6. “State superannuation schemes” means the schemes for the provision of superannuation benefits operated under the PublicServiceSuperannuationAct1958 and the State Service Superannuation Act1972 . “transferring member” means a person who, under this part, becomes a member of the Qsuper scheme. “trustees for a discontinued scheme” means— (a) for the fire service superannuation scheme—the fire superannuation board; or (b) for the Gosuper scheme—the Gosuper board; or (b) for the police superannuation schemes—the police superannuation board; or

s 23 21 s 23 Superannuation and Other Legislation Amendment No. 21, 1997 (d) for the State superannuation schemes—the State service superannuation board. ˙ ‘ Discontinued schemes ‘ 33. The following schemes are discontinued— • the fire service superannuation scheme • the Gosuper scheme • the police superannuation schemes • the State superannuation schemes. ˙ ‘ Members ‘ 34. On the commencement, a person who was a member of a discontinued scheme immediately before the commencement becomes a member of the Qsuper scheme in the membership category stated for the person in the deed. ˙ ‘ Entitlements ‘ 35.(1) This section applies to a person who, immediately before the commencement— (a) was a member of a discontinued scheme; or (b) was otherwise entitled to a benefit under a discontinued scheme. ‘ (2) On the commencement, the person has the entitlements that applied to the person immediately before the commencement. ‘ (3) This section does not affect section 12. 4 ˙ ‘ Trustees ‘ 36.(1) Each member of the existing board, holding office immediately before the commencement, continues to hold office as a trustee under this 4 Section 12 (Deed to establish scheme)

s 23 22 s 23 Superannuation and Other Legislation Amendment No. 21, 1997 Act until— (a) the end of the member’s term of office; or (b) the member earlier vacates office. ‘ (2) A member of the existing board appointed under section 5(1)(b) of the Gosuper Act is taken to have been appointed under section 5(1)(a) of this Act. ‘ (3) A member of the existing board appointed under section 5(1)(c) of the Gosuper Act is taken to have been appointed under section 5(1)(b) of this Act. ‘ (4) The fire superannuation board is dissolved and the trustees constituting the board go out of office. ‘ (5) The police superannuation board is dissolved and its members go out of office. ‘ (6) The State service superannuation board is dissolved and its members go out of office. ‘ (7) To remove any doubt, section 5(3) and (4) apply to a vacancy in the office of an appointed trustee existing on the commencement. ‘ (8) In this section— “existing board” means the board established under this Act and existing immediately before the commencement. ˙ ‘ Discontinued funds ‘ 37.(1) The following funds are discontinued— • the fund consisting of the amounts held by the fire superannuation board under the fire service superannuation scheme • the Gosuper fund • the police superannuation fund established under the PoliceSuperannuation Act 1974 • the State service superannuation fund established under the StateService Superannuation Act 1972 .

s 23 23 s 23 Superannuation and Other Legislation Amendment No. 21, 1997 ‘ (2) On the commencement, an amount that, immediately before the commencement, was contained in a discontinued fund, becomes part of the State Public Sector Superannuation Fund. ˙ ‘ Agreements and legal proceedings ‘ 38.(1) An agreement or arrangement in force immediately before the commencement, between the trustees for a discontinued scheme and another entity, is taken to be an agreement or arrangement between the Qsuper board and the entity. ‘ (2) A legal proceeding started but not finished, before the commencement, by or against the trustees for a discontinued scheme, may be continued and finished by or against the Qsuper board. ‘ (3) In this section, a reference to the trustees for a discontinued scheme includes a reference to an entity acting for the trustees for a discontinued scheme. ˙ ‘ Assets and liabilities ‘ 39. On the commencement, an asset or liability of the trustees for a discontinued scheme immediately before the commencement becomes an asset or liability of the Qsuper board. ˙ ‘ Executive officer ‘ 40. The person holding office as the executive officer of the Qsuper board immediately before the commencement continues to hold office under section 6D until the person’s appointment is ended. ˙ ‘ Annual report ‘ 41.(1) The next annual report made after the commencement must include a report on the administration of each of the discontinued schemes during the financial year ending 30 June 1997. ‘ (2) In subsection (1)— “annual report” means a report made by the board under section 20.

s 23 24 s 23 Superannuation and Other Legislation Amendment No. 21, 1997 ˙ ‘ Application of laws to discontinued boards ‘ 42.(1) This section applies to a law that, but for the Superannuation and Other Legislation Amendment Act 1997 , would apply to a discontinued board in relation to a period before the commencement. Example of a law mentioned in subsection (1)— A law under which, if a discontinued board still existed, it would be required to lodge a return for the financial year ending 30 June 1997. ‘ (2) If the context permits, the law applies to the Qsuper board as if it were the discontinued board. ˙ ‘ Liability for tax ‘ 43.(1) State tax is not payable in relation to anything done (including, for example, a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, this part. ‘ (2) In this section— “State tax” means tax imposed under an Act. “tax” includes any fee, duty, levy or charge. ˙ ‘ Deed making power for transferring members ‘ 44.(1) This section provides for the amendment, under section 12, 5 of the deed to provide for transferring members. ‘ (2) An amendment of the deed may be expressed as a relocation to the deed of a provision (with or without stated changes) of— (a) a replaced superannuation Act; or (b) an instrument made under a replaced superannuation Act. ‘ (3) To remove any doubt, it is declared that the amendment does not amend the replaced superannuation Act or instrument. ‘ (4) The amendment must not commence until the repeal of the replaced 5 Section 12 (Deed to establish scheme)

s 24 25 s 27 Superannuation and Other Legislation Amendment No. 21, 1997 superannuation Act. ‘ (5) The deed must also be amended to provide for the membership categories of transferring members. ‘ (6) This section does not limit section 12. ˙ ‘ Expiry ‘ 45. This part expires 1 year after it commences.’. PART 3—AMENDMENT OF FIRE AND RESCUE AUTHORITY ACT 1990 ˙ Act amended 24. This part amends the Fire and Rescue Authority Act 1990 . ˙ Amendment of s 6 (Definitions) 25. Section 6, definitions “approved superannuation scheme” and “fire service superannuation scheme” — omit . ˙ Omission of pt 4, div 4 26. Part 4, division 4— omit. ˙ Amendment of sch 4 (Matters concerning the operation of the rural fire council and the trustees of the fire service superannuation scheme) 27.(1) Schedule 4, ‘sections 45 and 51’— omit, insert—

s 28 26 s 29 Superannuation and Other Legislation Amendment No. 21, 1997 ‘section 51’. (2) Schedule 4, heading ‘and the trustees of the fire service superannuation scheme’— omit. (3) Schedule 4, section 1, definitions “board” and “member” — omit. (4) Schedule 4, section 1 — insert— ‘ “board” means the rural fire council. “member” means a member of the rural fire council.’. PART 4—AMENDMENT OF PUBLIC OFFICERS SUPERANNUATION BENEFITS RECOVERY ACT 1988 ˙ Amended Act 28. This part amends the PublicOfficersSuperannuationBenefitsRecovery Act 1988 . ˙ Amendment of s 4 (Interpretation) 29.(1) Section 4(1)— insert— ‘ “preserved benefits” means superannuation or retirement benefits that, under a superannuation scheme, are payable at a future date. “trustees” , of a superannuation scheme, means the trustees or other authority controlling the funds of the scheme.’. (2) Section 4(1), definition “superannuation or retirement benefits” ,

s 30 27 s 31 Superannuation and Other Legislation Amendment No. 21, 1997 paragraphs (a) to (d)— omit, insert— ‘(a) benefits payable under, or preserved in, a superannuation scheme for a person whose employment has ended; and’. ˙ Insertion of new s 5A 30. Part 1, after section 5— insert— ˙ ‘ Non-application of non-assignment provisions ‘ 5A. To remove any doubt, it is declared that this Act applies despite any other law— (a) providing that claims cannot be set off against a person’s superannuation or retirement benefits; or (b) providing that amounts payable out of a superannuation scheme on a person’s death are not assets for the payment of the person’s debts or liabilities; or (c) otherwise prohibiting or regulating the payment or assignment of, or other dealing with, a person’s superannuation or retirement benefits.’. ˙ Insertion of new s 7A 31. After section 7— insert— ˙ ‘ Nature of application ‘ 7A. For the LimitationofActionsAct1974 , an application under section 7 is not an action to recover a penalty or forfeiture or sum by way or a penalty or forfeiture.’.

s 32 28 s 33 Superannuation and Other Legislation Amendment No. 21, 1997 ˙ Amendment of s 11 (Effect of order on pension benefits) 32. Section 11(3), ‘or other authority (the “trustees” ) having the control of the funds’— omit. ˙ Insertion of new s 11C 33. Part 2, after section 11B— insert— ˙ ‘ Effect of order on preserved benefits ‘ 11C.(1) This section applies if— (a) an order is made under section 7(2) against a person who has preserved benefits under a superannuation scheme; and (b) there is a judgement debt due to the Crown under section 9 in relation to the order. ‘ (2) The Minister may, by written notice given to the trustees of the scheme, require the trustees to pay an amount from the scheme in satisfaction, or part satisfaction, of the judgement debt. ‘ (3) On receiving the notice, the trustees must— (a) calculate, under actuarial principles, the current value of the person’s preserved benefits; and (b) pay to the Minister the amount of the judgement debt or the value of the benefits, whichever is the lesser; and (c) if the amount of the judgement debt is less than the value of the benefits—keep the balance in the scheme and deal with it as a preserved benefit.’.

s 34 29 s 36 Superannuation and Other Legislation Amendment No. 21, 1997 PART 5—AMENDMENT OF BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 1991 ˙ Act amended in this part 34. This part amends the Building and Construction Industry (PortableLong Service Leave) Act 1991 . ˙ Amendment of s 3 (Interpretation) 35.(1) Section 3, definitions “award” and “industrial agreement” — omit. (2) Section 3— insert— ‘ “award” means— (a) an award under the Workplace Relations Act 1997 ; or (b) an award or AWA under the Workplace Relations Act 1996 (Cwlth). “industrial agreement” means an industrial agreement, QWA, certified agreement or EFA under the Workplace Relations Act 1997 .’. ˙ Amendment of s 61 (Election to take benefits under this Act or Industrial Relations Act) 36.(1) Section 61, heading, ‘ Industrial ’— omit, insert— ‘ Workplace ’. (2) Section 61(1)(aa)— insert— ‘(aa) a benefit for the period under the Workplace Relations Act 1997 ,

s 37 30 s 38 Superannuation and Other Legislation Amendment No. 21, 1997 chapter 4, part 4 6 or a law of another State that corresponds to that part; or’. (3) Section 61(1)(aa) and (b)— renumber as section 61(1)(b) and (c) respectively. (4) Section 61(4), from ‘Part 12’— omit, insert— ‘the Workplace Relations Act 1997 , chapter 4, part 4 7 or a benefit in the nature of long service leave under a scheme to which an exemption granted to an employer under section 207 of that Act relates.’. ˙ Amendment of s 62 (Payments to employers) 37. Section 62(8), ‘section 248 of the Industrial Relations Act 1990 ’— omit, insert— ‘the Workplace Relations Act 1997 , section 203 or 204 (as the case requires)’. ˙ Amendment of s 107 (Powers of Industrial Magistrate) 38. Section 107, ‘ Industrial Relations Act 1990 ’— omit, insert— ‘ Workplace Relations Act 1997 ’. 6 Chapter 4 (General employment conditions), part 4 (Long service leave) 7 Chapter 4 (General employment conditions), part 4 (Long service leave)

s 39 31 s 39 Superannuation and Other Legislation Amendment No. 21, 1997 PART 6—REPEALS ˙ Repeals 39. The following Acts are repealed— • Commissioner of Police (Vacation of Office) Act 1989 No. 26 • Police Superannuation Act 1968 No. 58 • Police Superannuation Act 1974 No. 53 • Public Service Superannuation Act 1958 No. 73 • State Service Superannuation Act 1972 No. 22 • Superannuation(GovernmentandOtherEmployees)Act1988 No. 46 • Superannuation(MiscellaneousActs)AmendmentAct1991 No. 11 • Superannuation (Part-time Officers) Act 1988 No. 111. © State of Queensland 1997