SUPERANNUATION.
No. 2 of 1946.
An Act to amend the Superannuation Act 1922–1945.
[Assented to 13th April, 1946.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Superannuation Act 1946.
(2.) The Superannuation Act 1922–1945 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Superannuation Act 1922–1946.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions
3. Section sixty an of the Principal Act is amended—
(a) by omitting the definition of “State employee” and inserting in its stead the following definition:—
“‘State employee’ means a person appointed or employed under the provisions of the Commonwealth Public Service Act and who, immediately prior to his being so appointed or employed, was a contributor to a State Fund, but does not include a person who is so appointed or employed as the result of his having passed a competitive examination for admission to the Commonwealth Public Service;”; and
(b) by omitting the definition of “State Public Service” and inserting in its stead the following definitions:—
“‘State Public Service’ means Public, Railway or other Service of a State, and includes, in relation to a person appointed or employed under Division 9a or 9b of Part III. of the Commonwealth Public Service Act, any Service which is a State Public Service for the purposes of that Division;
“‘the Commonwealth Public Service Act’ means the Commonwealth Public Service Act 1922–1943, as amended by the Re-establishment and Employment Act 1945 and the Commonwealth Public Service Act 1945 or by any later Act.”.
Payment on retirement.
4. Section sixty y of the Principal Act is amended by adding at the end of sub-section (1.) the following proviso:—
“Provided further that the last preceding proviso shall not apply in relation to any person who becomes a contributor to the Provident Account after the commencement of the Superannuation Act 1946 and who retires or is retired on or after having attained the age of sixty years.”.
Overview
The Superannuation Act 1946 was enacted to amend the Superannuation Act 1922–1945, responding to the need for updating definitions and provisions within the superannuation framework to better align with the evolving public service landscape and employment conditions. The Act was assented to on 13th April 1946 by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. This legislative update aimed to refine the definitions of key terms such as "State employee" and "State Public Service" to reflect changes in the Commonwealth Public Service Act and other related statutes. Additionally, the Act introduced amendments to the payment provisions on retirement, ensuring that certain conditions apply to contributors who join the Provident Account after the Act's commencement and retire after attaining the age of sixty years.
Scope and Application
The Superannuation Act 1946 amends the Superannuation Act 1922–1945 and applies to individuals who are appointed or employed under the Commonwealth Public Service Act, particularly those who were previously contributors to a State Fund. This Act excludes individuals who are appointed to the Commonwealth Public Service as a result of passing a competitive examination. The Act applies to the Public, Railway, or other services of a state, and its jurisdiction extends to the Commonwealth level. The Act came into operation on the day it received Royal Assent. The Superannuation Act 1946 further defines specific terms and conditions related to superannuation payments, including a proviso that certain retirement payment provisions do not apply to individuals who become contributors to the Provident Account after the commencement of the Act and retire on or after the age of sixty years. This Act is subject to amendments through subordinate instruments, which may extend or restrict its application.
Key Provisions
The Superannuation Act 1946 (referred to as the Act) amends the Superannuation Act 1922–1945 (referred to as the Principal Act). The amended Principal Act may then be cited as the Superannuation Act 1922–1946. This Act came into operation on the day it received Royal Assent, as outlined in section 2. Section 3 of the Act amends the definitions in the Principal Act. Specifically, it revises the definition of "State employee" to mean a person appointed or employed under the Commonwealth Public Service Act who was a contributor to a State Fund before their appointment. It excludes those who were appointed as a result of passing a competitive examination for admission to the Commonwealth Public Service. Additionally, the Act redefines "State Public Service" to include public, railway, or other services of a state, and any service that is considered a State Public Service for the purposes of certain divisions in the Commonwealth Public Service Act.
The Act imposes several obligations and requirements on parties and entities governed by it. For example, it mandates that the definition of "State employee" be interpreted narrowly, excluding those who were appointed through competitive examinations. Furthermore, the Act requires that "State Public Service" be understood in the context of specific divisions of the Commonwealth Public Service Act. Employers and employees must comply with these definitions when determining eligibility for superannuation contributions and benefits.
Breaches of the provisions in the Act may lead to civil or criminal consequences. While the Act does not explicitly state the penalties for non-compliance, breaches of superannuation laws generally may result in financial penalties. Under the Superannuation Industry (Supervision) Act 1993, for example, penalties can include fines and imprisonment for serious offences. Employers failing to make the correct superannuation contributions could face substantial fines, and in severe cases, criminal charges. The specific penalties will depend on the nature and severity of the breach, as well as any applicable regulations or guidelines issued under the Act.