EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance and Administration
Superannuation Legislation Amendment Act 2007
Proclamation
Item 8 of the table in subsection 2 (1) of the Superannuation Legislation Amendment Act 2007 (the Act) provides that Schedule 6 to the Act commences on a day to be fixed by Proclamation. However, if any of the provisions do not commence within six months of the date the Act receives the Royal Assent, then those provisions commence on the first day after the end of that six month period. The Act received the Royal Assent on 25 September 2007.
The purpose of the Proclamation is to fix 1 January 2008 as the day on which Schedule 6 to the Act commences.
Part 1 of Schedule 6 amends the Defence Retirement and Death Benefits Act 1973 to reduce the length of post retirement marital relationship test from five years to three years, meaning a spouse will only have to be in a marital relationship for three years before a pension is payable. It will also make a provision for the payment of pro-rata reversionary pensions to genuine spouses who do not meet the three-year test.
Part 2 of Schedule 6 addresses an anomaly in the Family Law provisions of the Defence Force Retirement and Death Benefits Act 1973 to allow the Family Law Orders to be applied as intended.
The Regulations relating to the changes made by Schedule 6 are the subject of a separate Instrument.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Proclamations that provide solely for the commencement of Acts or of provisions of Acts are not subject to disallowance.
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