SUPERANNUATION LEGISLATION AMENDMENT ACT 1994 No. 86, 1994
Making Information
- Assented to 23 June 1994
SUPERANNUATION LEGISLATION AMENDMENT ACT 1994 No. 86, 1994 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART 1-PRELIMINARY
Section
1. Short title
2. Commencement
PART 2-AMENDMENTS OF THE SUPERANNUATION ACT 1976
Division 1-Preliminary
3. Principal Act
Division 2-Directions and declarations by the Board
4. Object of Division
5. Statutory office holders
6. Invalidity pensioners returning to employment except as
permanent employees
7. Functions
8. Leave of absence without pay
9. Interpretation
10. Public employment
11. Repeal of section and substitution of new section:
134. Eligible superannuation schemes
12. Election for transfer value by people in relation to whom
deferred benefits apply
13. Special provisions affecting certain former contributors under
certain superannuation schemes
14. Determination by Board
15. Determination by Board
16. Annual report of Board
Division 3-Exercise of powers by Commissioner, Minister and
Governor-General
17. Object of Division
18. Certain references to Commissioner to be replaced by
references to the Board
19. Repeal of section
20. Commissioner for Superannuation
21. Insertion of new section:
17A. Other functions of Commissioner not to be prejudiced
22. Repeal of section and substitution of new section:
27. Commissioner to keep records with respect to benefits paid
under superseded Act
23. Functions of Board
24. Insertion of new section:
27CA. Board to keep records with respect to contributions
etc.
25. Repeal of section
26. Investment of funds
27. Accounts and records
28. Interpretation
29. Interpretation
30. Interpretation-SG minimum contribution
31. Board may determine rate of fund contribution tax
32. Eligible employment
33. Transfer value
34. Deferred benefits
35. Special provisions affecting certain former contributors under
certain superannuation schemes
36. Application of Part to pensions payable to or in respect of
certain overseas employees
37. Interpretation
38. Annual report of Board
39. Repeal of section and substitution of new section:
161A. Annual report of Commissioner in relation to
superseded Act
40. Minister may request the supply of information
41. Making false statements to Board, Commissioner etc.
42. Insertion of new section:
167AB. Exercise of certain powers by Minister
43. Regulations
44. Repeal of section and substitution of new section:
191. Assignment of life policies under superseded Act
45. Transfer of assets etc. to approved superannuation schemes
46. Transfer of assets etc. to Superannuation (1990) Scheme
47. Saving
Division 4-Remuneration of Chairperson of Commonwealth
Superannuation Board of Trustees No. 2
48. Object of Division
49. Remuneration
Division 5-Termination of appointment of certain members of the
Commonwealth Superannuation Board of Trustees No. 2
50. Object of Division
51. Termination of appointment of appointed members
Division 6-Payment of certain money to eligible roll-over funds
52. Object of Division
53. Interpretation
54. Preservation of portion of benefit
55. Payment of productivity benefit
56. Payment of top-up benefit-preservation
57. Payment of transfer values to Commissioner
58. Deferral of benefit payable under section 110P
59. Insertion of new section:
158A. Payment of unclaimed money to eligible roll-over fund
Division 7-Fund to cease to be part of…
Superannuation Legislation Amendment Act 1994
Administered by Department of the Treasury
Legislation
au
C2004A04762
In force
Act
Legislation content
Overview
The Superannuation Legislation Amendment Act 1994 (No. 86, 1994) was enacted by the Australian Parliament to address gaps and issues within the existing superannuation legislation, particularly in light of the Superannuation Industry (Supervision) Act 1993. This Act amends several pieces of legislation, including the Superannuation Act 1976, the Superannuation Act 1990, and the Superannuation Benefits (Supervisory Mechanisms) Act 1990. The primary aim of this legislation is to ensure that the rules governing superannuation schemes are consistent with the provisions of the Superannuation Industry (Supervision) Act 1993. The Act also seeks to correct various technical defects and make necessary administrative adjustments to improve the efficiency and oversight of superannuation schemes.Scope and Application
The Superannuation Legislation Amendment Act 1994 (C2004A04762) applies to persons employed by the Commonwealth, as well as certain other people, and pertains to superannuation arrangements. It amends several Acts, including the Superannuation Act 1976, the Superannuation Act 1990, and the Superannuation Benefits (Supervisory Mechanisms) Act 1990. The Act aims to ensure that superannuation schemes provided for in these Acts are consistent with the Superannuation Industry (Supervision) Act 1993. It makes various amendments to the Acts, such as altering the definitions of certain terms, changing the roles of the Commonwealth Superannuation Board of Trustees No. 2, modifying the investment of funds, and adjusting the reporting requirements for the Board. The Act also includes provisions for the payment of benefits, transfer of assets, and other related matters. The amendments generally apply to decisions made, agreements entered into, and benefits provided on or after 1 July 1994, with some exceptions.Key Provisions
- The Superannuation Legislation Amendment Act 1994 amends the Superannuation Act 1976, the Superannuation Act 1990, and the Superannuation Benefits (Supervisory Mechanisms) Act 1990. The primary focus of the amendments is to align the superannuation schemes with the Superannuation Industry (Supervision) Act 1993, and to update and refine various provisions to ensure consistency and efficiency. Key provisions include amendments to the definitions and roles of statutory office holders, leave of absence without pay, and the functions of the Commonwealth Superannuation Board of Trustees No. 2 (CSB No. 2). The Act also updates the roles and responsibilities of the Commissioner for Superannuation and introduces new provisions regarding the payment and preservation of benefits, as well as the appointment and remuneration of Board members. Offences and penalties are outlined for making false statements, engaging in unauthorised declarations, and contravening prescribed requirements for the provision of superannuation benefits.
- The Act requires entities and individuals governed by the superannuation legislation to comply with new definitions and roles, such as the amendment of leave of absence without pay provisions and the introduction of productivity contributions. It also imposes obligations on the CSB No. 2 to keep records, make annual reports, and exercise certain powers in consultation with the Minister. The Act further outlines the consequences for contravening prescribed requirements, including the nullification of acts to the extent of contravention.
- In terms of penalties, the Act specifies that contravention of prescribed requirements for the provision of superannuation benefits renders the act void to the extent of contravention. Additionally, making false statements to the Board or other authorised persons can result in an order to pay a penalty equal to the amount of benefit received as a result of the offence. These provisions ensure that the superannuation schemes operate within the legal framework established by the Superannuation Legislation Amendment Act 1994 and its associated acts.
Legal classification tags
- Area of Law
- Superannuation Law
- Administrative Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
- Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.