Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1)

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Legislation au F2011L01374 Regulations In force Legislative Instrument

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Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1)

Select Legislative Instrument No. 131, 2011

made under the

Superannuation Act 1976, the Superannuation Act 1990 and the Papua New Guinea (Staffing Assistance) Act 1973

Compilation No. 1

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1) that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Regulations

8 Amendment of Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name of Regulations

  These Regulations are the Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1).

8  Amendment of Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973

 (1) Schedule 6 amends the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973.

 (2) Despite the repeal of regulation 8B of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973 by Schedule 6, a request may be made to the Commonwealth Superannuation Corporation, on or after the day on which these Regulations commence, for reconsideration of a decision of the Commissioner for Superannuation that was made before that day as if:

 (a) the regulation had not been repealed; and

 (b) the references in subregulation 8B (2) to the Commissioner (other than the first reference) were references to the Commonwealth Superannuation Corporation; and

 (c) the references in subregulations 8B (4) and (5) to the Commissioner were references to the Commonwealth Superannuation Corporation.

Note: Subregulation 8B (2), as affected by this subregulation, specifies time limits within which requests may be made.

 (3) Despite the repeal of regulation 8B of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973 by Schedule 6 to these Regulations, an application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner for Superannuation that was made before the day on which that repeal occurred, as if that regulation had not been repealed.

Note: The Administrative Review Tribunal Act 2024 specifies time limits within which applications may be made.

 (4) Regulation 8B of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973, as continued in force by this regulation, has effect as if:

 (a) a reference to the Administrative Appeals Tribunal were a reference to the Administrative Review Tribunal; and

 (b) a reference to the Administrative Appeals Tribunal Act 1975 were a reference to the Administrative Review Tribunal Act 2024.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1)

30 June 2011 (F2011L01374)

1 July 2011 (s 2)

 

Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024

11 Oct 2024 (F2024L01299)

Sch 6: 14 Oct 2024 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 2.....................

rep LA s 48D

r 3.....................

rep LA s 48C

r 4.....................

rep LA s 48C

r 5.....................

rep LA s 48C

r 6.....................

rep LA s 48C

r 7.....................

rep LA s 48C

r 8.....................

am F2024L01299

r 9.....................

rep LA s 48C

r 10....................

rep LA s 48C

r 11....................

rep LA s 48C

r 12....................

rep LA s 48C

r 13....................

rep LA s 48C

r 14....................

rep LA s 48C

Schedule 1................

rep LA s 48C

Schedule 2................

rep LA s 48C

Schedule 3................

rep LA s 48C

Schedule 4................

rep LA s 48C

Schedule 5................

rep LA s 48C

Schedule 6................

rep LA s 48C

Schedule 7................

rep LA s 48C

Schedule 8................

rep LA s 48C

Schedule 9................

rep LA s 48C

 

 

Overview

The Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1) were introduced to address discrepancies and update provisions within existing superannuation legislation, specifically targeting the Superannuation Act 1976, the Superannuation Act 1990, and the Papua New Guinea (Staffing Assistance) Act 1973. These Regulations were made by the Parliament of Australia to ensure that the administration of superannuation remains effective and relevant. The policy objective behind these amendments was to streamline the regulatory framework and ensure that the provisions governing superannuation are up-to-date and consistent with current practices. This legislative instrument includes consequential amendments made necessary by the Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024, which further refine and modernise the administrative processes related to superannuation decisions.

Scope and Application

The Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1) apply to entities and individuals involved in the administration of public sector superannuation schemes in Australia, including the Commonwealth Superannuation Corporation and the Papua New Guinea (Staffing Assistance) Act 1973. These regulations amend the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973, which pertain to the administration of superannuation for Australian government employees in Papua New Guinea. The geographic reach of these regulations extends to the Commonwealth of Australia and its territories, including any external territories where Australian government employees are stationed, such as Papua New Guinea. The regulations do not specify any exclusions, exemptions, or thresholds; however, they provide for the reconsideration of past decisions and the continuation of certain legal proceedings despite the repeal of certain regulations. The application and effect of these regulations may be further extended or restricted through subordinate instruments, although such instruments are not detailed in the provided text.

Key Provisions

The Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1) amends the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973. Specifically, Schedule 6 of these regulations modifies the existing regulations in relation to requests for reconsideration of decisions made by the Commissioner for Superannuation before the commencement of these regulations. Under the new regulations, requests for reconsideration may be made to the Commonwealth Superannuation Corporation, treating certain references in the repealed regulation as references to the Commonwealth Superannuation Corporation instead of the Commissioner (section 2(2)). Additionally, applications for review of decisions made before the repeal of the regulation may be made to the Administrative Review Tribunal, with references to the Administrative Appeals Tribunal treated as references to the Administrative Review Tribunal (section 2(4)). These regulations impose specific obligations on entities involved in superannuation schemes. For instance, they require that any requests for reconsideration of past decisions by the Commissioner for Superannuation be submitted to the Commonwealth Superannuation Corporation, and applications for review of such decisions to be made to the Administrative Review Tribunal. These requirements are intended to ensure that the transition from the old regulatory framework to the new one is handled smoothly and that affected parties have a clear path for seeking reconsideration or review of decisions. Failure to comply with these regulations may result in various consequences. Firstly, any decisions made before the commencement of these regulations that are not reconsidered or reviewed within the specified timeframes may not be subject to further reconsideration or review. Secondly, entities that do not adhere to the new procedures for making requests or applications may find that their claims are not processed or considered. There are no explicit penalties or fines mentioned in the regulations for non-compliance; however, the inability to seek reconsideration or review of decisions may have significant implications for affected parties. The regulations also address transitional arrangements to ensure a smooth transition from the old framework to the new one. For example, they allow for requests for reconsideration to be made as if the repealed regulation had not been repealed, and for applications for review to be made as if references to the Administrative Appeals Tribunal were instead references to the Administrative Review Tribunal. These provisions are designed to provide clarity and certainty to parties who may have been affected by decisions made under the old regulatory framework. In summary, these regulations amend the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973 to update the procedures for reconsideration and review of decisions made by the Commissioner for Superannuation. They impose specific obligations on entities involved in superannuation schemes and provide transitional arrangements to ensure that the changes are implemented effectively. While there are no explicit penalties for non-compliance, failure to adhere to the new procedures may result in claims not being processed or considered.

Legal classification tags

Area of Law
Superannuation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

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.