Superannuation Legislation Amendment Act (No. 1) 2006 (Cth)

Superannuation Legislation Amendment Act (No. 1) 2006

No. 48, 2006

An Act to amend the law relating to superannuation, and for related purposes

Contents

Superannuation Legislation Amendment Act (No. 1) 2006

No. 48, 2006

An Act to amend the law relating to superannuation, and for related purposes

[Assented to 29 May 2006]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Superannuation Legislation Amendment Act (No. 1) 2006.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Schedule(s)

1. (1)

   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

2. (2)

   The Rules for the Administration of the Public Sector Superannuation Scheme contained in the Schedule to the Trust Deed (within the meaning of the Superannuation Act 1990) are amended or repealed as set out in the applicable items in Schedule 2 to this Act, and any other item in Schedule 2 to this Act has effect according to its terms.

Schedule 1Amendment of the Superannuation Act 1976

1

After subsection 5(3AA)

Insert:

1. (3AB)

   Subsection (3AC) applies if:

   1. (a)

      a Minister makes a determination under an Act in respect of the remuneration of a person appointed under that Act; or

   2. (b)

      the Presiding Officers (within the meaning of the Parliamentary Service Act 1999) make a determination under that Act in respect of the remuneration of a person appointed under that Act; or

   3. (c)

      a determination is made under the Remuneration Tribunal Act 1973 in respect of the remuneration of a person;

and an annual rate of salary of the person can be ascertained under the determination. (To avoid doubt, subsection (3AC) applies whether a determination is expressed to apply to a person or an office.)

1. (3AC)

   Despite subsections (1), (2) and (3), for the purposes of the application of this Act on a particular day, the annual rate of salary of the person is the annual rate of salary ascertained for the purposes of this Act under the determination on that day.

2

Application

(1) The amendment made by this Schedule applies:

1. (a)

   for a determination made under the Remuneration Tribunal Act 1973 (other than a determination made under section 12C of that Act)—in respect of any determination made in respect of the remuneration of a person after this item commences; and

2. (b)

   for any other determination (including a determination made under section 12C of the Remuneration Tribunal Act 1973)—in respect of any determination made in respect of the remuneration of a person (whether the determination is made before or after this item commences).

(2) However, if:

1. (a)

   a determination in respect of the remuneration of a person is made before this item commences; and

2. (b)

   an amount is paid to or in respect of the person under the Superannuation Act 1976 before this item commences; and

3. (c)

   the amount paid is more than the amount that would have been paid if the annual rate of salary had been ascertained under the determination;

the amendment made by this Schedule does not apply in respect of the determination for the purposes of determining the amount of the payment.

(3) In addition, if:

1. (a)

   the amount mentioned in paragraph (2)(b) is an amount of a pension; and

2. (b)

   the pension continues to be paid to or in respect of the person after this item commences;

the amendment made by this Schedule does not apply in respect of the determination for the purposes of determining the amount of any payments of the pension that are paid to or in respect of the person after this item commences.

Schedule 2Amendment of the Rules for the Administration of the Public Sector Superannuation Scheme

1

Rule B1.2.1 (definition of basic salary)

Repeal the definition, substitute:

basic salary of a member means:

(a) the amount, or the element or elements of remuneration, ascertained under the determination of basic salary made by the Board under the Rules applicable at 30 June 1995 (unless any one of paragraphs (b) to (d) applies in relation to the member); and

(b) if Rule B1.2.3 applies in relation to the member—the amount, or the element or elements of remuneration, ascertained under the determination mentioned in that Rule (unless paragraph (c) or (d) applies in relation to the member); and

(c) if Rule B1.2.4 applies in relation to the member—the amount ascertained under the determination mentioned in that Rule (unless paragraph (d) applies in relation to the member); and

(d) if the member and his/her designated employer have agreed on an amount to be his/her basic salary— that amount.

2

Rule B1.2.1 (definition of recognised allowances)

Repeal the definition, substitute:

recognised allowances of a member means:

(a) the amount, or the element or elements of remuneration, ascertained under the determination of recognised allowances made by the Board under the Rules applicable at 30 June 1995 (unless any one of paragraphs (b) to (d) applies in relation to the member); and

(b) if Rule B1.2.3 applies in relation to the member—the amount, or the element or elements of remuneration, ascertained under the determination mentioned in that Rule (unless paragraph (c) or (d) applies in relation to the member); and

(c) if Rule B1.2.4 applies in relation to the member—the amount ascertained under the determination mentioned in that Rule (unless paragraph (d) applies in relation to the member); and

(d) if the member and his/her designated employer have agreed on an amount to be his/her recognised allowances— that amount.

3

At the end of Division 2 of Part B1

Add:

Minister may make determinations of basic salary and recognised allowances

B1.2.3 This rule applies in relation to a member if the Minister makes a determination of an amount, or an element or elements of remuneration, as basic salary or recognised allowances, that applies in relation to the member.

Members to whom a determination applies

B1.2.4 This rule applies in relation to a member if:

(a) the member is appointed under an Act and a Minister makes a determination under that Act in respect of the remuneration of the member; or

(b) the member is appointed under the Parliamentary Service Act 1999 and the Presiding Officers (within the meaning of that Act) make a determination under that Act in respect of the remuneration of the member; or

(c) a determination is made under the Remuneration Tribunal Act 1973 in respect of the remuneration of the member;

and:

(d) an amount of basic salary of the member can be ascertained under the determination; or

(e) an amount of recognised allowances of the member can be ascertained under the determination and the determination expressly mentions recognised allowances.

4

Application

(1) The amendments made by this Schedule apply:

1. (a)

   for a determination made under the Remuneration Tribunal Act 1973 (other than a determination made under section 12C of that Act)—in respect of any determination made in respect of the remuneration of a person after this item commences; and

2. (b)

   for any other determination (including a determination made under section 12C of the Remuneration Tribunal Act 1973)—in respect of any determination made in respect of the remuneration of a person (whether the determination is made before or after this item commences).

(2) However, if:

1. (a)

   a determination in respect of the remuneration of a person is made before this item commences; and

2. (b)

   an amount is paid to or in respect of the person under the Superannuation Act 1990 before this item commences; and

3. (c)

   the amount paid is more than the amount that would have been paid if the basic salary or recognised allowances had been ascertained under the determination;

the amendments made by this Schedule do not apply in respect of the determination for the purposes of determining the amount of the payment.

(3) In addition, if:

1. (a)

   the amount mentioned in paragraph (2)(b) is an amount of a pension; and

2. (b)

   the pension continues to be paid to or in respect of the person after this item commences;

the amendments made by this Schedule do not apply in respect of the determination for the purposes of determining the amount of any payments of the pension that are paid to or in respect of the person after this item commences.

[Minister’s second reading speech made in—

House of Representatives on 17 November 2004

Senate on 2 December 2004]

(170/04)