Superannuation Act 1966

Administered by Department of Finance

Legislation au C1966A00069 In force Act

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Superannuation

No. 69 of 1966

An Act to amend the Superannuation Act 1922–1965 in relation to Orphans’ Pensions and in relation to Members of the Police Force of the Australian Capital Territory.

[Assented to 29 October 1966]

BE it enacted by the Queen’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 1966.


(2.) The Superannuation Act 1922–1965 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 1922–1966.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Payments by Commonwealth.

3. Section 33 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(7.) Where a payment of pension is made in respect of a child and the rate of the pension is, in accordance with sub-section (3.) of section forty-six, sub-section (3.) of section forty-seven, or sub-section (1aa.) of section forty-eight, of this Act, determined in whole or in part by reference to the pension that would, but for her death or divorce, have been payable to the widow or wife referred to in whichever of those sub-sections is applicable, the Commonwealth shall, in lieu of any other amount payable by the Commonwealth to the Fund under sub-section (2.) of this section in respect of the payment of pension, pay to the Fund, in respect of the payment of pension, an amount determined in accordance with the formula—

where—

A is five-sevenths of the amount that would have been the amount of that payment of pension if the pension had been payable at the rate of Two hundred and eight dollars per annum;

B is the amount that, if the widow or the wife had survived or had not been divorced and a payment of pension had been made to her by virtue of paragraph (a) of sub-section (1.) of section forty-six, or paragraph (a) of sub-section (1.) of section forty-seven, of this Act, as the case may be, for the same period as the period for which the payment of pension in respect of the child was made, would have been payable by the Commonwealth to the Fund in respect of the payment of pension to the widow or wife; and


C is the number that, in relation to the pension payable in respect of the child, is the divisor for the purposes of sub-section (3.) of section forty-six, sub-section (3.) of section forty-seven, or sub-section (1aa.) of section forty-eight, of this Act, whichever sub-section is applicable.”.

Pension to widow and children on death of contributor.

4. Section 46 of the Principal Act is amended—

(a) by adding at the end of sub-section (2.) the words “or at a rate of such amount per annum as is determined in accordance with the next succeeding sub-section, whichever rate is the higher”; and

(b) by adding at the end thereof the following sub-section:—

“(3.) The amount to be determined for the purposes of the last preceding sub-section is an amount ascertained by dividing by four (or, if the number of eligible children of the widow and of the male contributor in respect of whom pension is payable under this section is greater than four, by the number of those children) the amount of the annual rate of the pension that, but for her death, would, by virtue of paragraph (a) of sub-section (1.) of this section, have been payable to the widow.”.

Pension to widow and children on death of pensioner.

5. Section 47 of the Principal Act is amended—

(a) by adding at the end of sub-section (2.) the words “or at a rate of such amount per annum as is determined in accordance with the next succeeding sub-section, whichever rate is the higher”; and

(b) by inserting after sub-section (2.) the following sub-section:—

“(3.) The amount to be determined for the purposes of the last preceding sub-section is an amount ascertained by dividing by four (or, if the number of eligible children of the widow and of the male pensioner in respect of whom pension is payable under this section is greater than four, by the number of those children) the amount of the annual rate of the pension that, but for her death, would, by virtue of paragraph (a) of sub-section (1.) of this section, have been payable to the widow.”.

Pension to orphans on death of contributor or pensioner.

6. Section 48 of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “at the rate of Five hundred and twenty dollars per annum in respect of each child” and inserting in their stead


the words “in respect of each child at the rate of Five hundred and twenty dollars per annum or at a rate of such amount per annum as is determined in accordance with the next succeeding sub-section, whichever rate is the higher”;

(b) by inserting after sub-section (1.) the following sub-sections:—

“(1aa.) The amount to be determined for the purposes of the last preceding sub-section is the sum of Two hundred and eight dollars and an amount ascertained by dividing by four (or, if the number of eligible children of the male contributor or pensioner and of his wife in respect of whom pension is payable under this section is greater than four, by the number of those children) the amount of the annual rate of the pension that, but for her death or divorce, would, by virtue of paragraph (a) of sub-section (1.) of section forty-six of this Act or paragraph (a) of sub-section (1.) of the last preceding section, as the case may be, have been payable to his wife.

“(1ab.) In the application of sub-section (1.) of this section in relation to a deceased male pensioner who remarried after he became a pensioner, the reference in that sub-section to the wife of a pensioner shall be read as not including a reference to the person who became the wife of the pensioner on that remarriage.”; and

(c) by omitting from sub-section (1a.) the words “the last preceding sub-section” and inserting in their stead the words “sub-section (1.) of this section”.

Certain contributors who change the nature of their employment to continue as contributors.

7. Section 53 of the Principal Act is amended by inserting in paragraph (a) of sub-section (2.), after the word “Act” (second occurring), the words “or is a member of the Police Force of the Australian Capital Territory”.

Certain contributors to Provident Account who change the nature of their employment to continue as contributors.

8. Section 86 of the Principal Act is amended by inserting in paragraph (a) of sub-section (2.), after the word “Act” (second occurring), the words “or is a member of the Police Force of the Australian Capital Territory”.

Application of amendments.

9. Increased pensions payable by virtue of the amendments made by this Act are payable as from the first fortnightly payment of pensions made after the date on which this Act receives the Royal Assent.

Overview

The Superannuation Act 1966 was enacted by the Commonwealth Parliament to address specific gaps in the existing Superannuation Act 1922–1965. This legislation aimed to enhance the superannuation provisions concerning orphans' pensions and to extend superannuation benefits to members of the Police Force of the Australian Capital Territory. By amending the Principal Act, the 1966 Act introduces adjustments to pension rates for orphans and modifies eligibility criteria for pension payments, ensuring that these vulnerable groups receive adequate support. Additionally, the Act ensures that members of the Police Force of the Australian Capital Territory are included in the superannuation scheme, thereby extending the coverage and benefits of the superannuation system to this group. The policy objective of this Act is to provide equitable and improved superannuation benefits, particularly focusing on the protection of orphans and the inclusion of additional contributors within the superannuation framework.

Scope and Application

The Superannuation Act 1966 amends the existing Superannuation Act 1922–1965 to address orphan's pensions and pensions for members of the Police Force of the Australian Capital Territory. This Act applies to individuals who are beneficiaries of pensions under the Superannuation Act, specifically focusing on widows, children, and orphans of deceased contributors and pensioners. Additionally, it applies to members of the Police Force of the Australian Capital Territory who change the nature of their employment but wish to continue contributing to the superannuation scheme. The Act applies across the Commonwealth of Australia and comes into effect upon receiving Royal Assent. Amendments made by this Act, such as the adjustments to pension rates for widows and orphans, are applicable from the first fortnightly pension payment following the Act's commencement. There are no stated exclusions or thresholds in the text, and the Act does not explicitly mention the use of subordinate instruments to extend or restrict its application.

Key Provisions

The Superannuation Act 1966 (Act) makes several amendments to the Superannuation Act 1922–1965 (Principal Act), primarily concerning the payment of pensions to orphans and members of the Police Force of the Australian Capital Territory. Section 3 amends section 33 of the Principal Act by introducing a new subsection (7), which provides a formula for calculating the Commonwealth's contribution to the Fund for pension payments made in respect of a child. This formula considers the pension that would have been payable to the child's widow or wife had she not died or been divorced. Sections 4, 5, and 6 revise sections 46, 47, and 48 of the Principal Act, respectively, to adjust the pension rates payable to widows and children upon the death of a contributor or pensioner, ensuring the pension is calculated in a manner that reflects the pension that would have been payable to the widow or wife had she not died or been divorced. Section 7 amends section 53 of the Principal Act to include members of the Police Force of the Australian Capital Territory as contributors who may continue to contribute if they change the nature of their employment. Section 8 similarly amends section 86 of the Principal Act to include such members as contributors to a Provident Account. The Act imposes specific obligations on the Commonwealth to calculate and pay pensions according to the new formulae and provisions established. It requires the Commonwealth to determine the amount of pension payable to orphans and to widows and children of deceased contributors or pensioners based on the new calculations. The Act also mandates that members of the Police Force of the Australian Capital Territory who change the nature of their employment continue to contribute to the superannuation scheme. The Act does not explicitly outline offences, penalties, or consequences for breaches of its provisions. However, given the nature of the amendments, non-compliance with the new pension calculation and payment requirements could potentially lead to legal actions for non-payment of due pensions, with the specifics of any penalties or consequences determined by the courts or relevant administrative bodies. The severity of penalties would depend on the extent and impact of the non-compliance.

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Superannuation Law
Instrument
Act
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Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
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.