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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
PUBLIC SECTOR SUPERANNUATION
(MISCELLANEOUS AMENDMENTS) BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - DIRECTOR OF PUBLIC PROSECUTIONS ACT 1973
AMENDED
3. Principal Act
4. Section 8A amended (Superannuation entitlements of Director
appointed after 1 July 1999)
PART 3 - GOVERNOR OF TASMANIA ACT 1982 AMENDED
5. Principal Act
6. Section 6D amended (Superannuation benefits for Governor first
appointed after 1 July 1999)
PART 4 - MAGISTRATES COURT ACT 1987 AMENDED
7. Principal Act
8. Section 10 amended (Terms and conditions of service of
magistrates)
PART 5 - PARLIAMENTARY SALARIES, SUPERANNUATION AND
ALLOWANCES ACT 2012 AMENDED
9. Principal Act
[Bill 7]-I
10. Schedule 3 amended (Superannuation for Members of
Parliament Elected After 1 July 1999)
PART 6 - PUBLIC SECTOR SUPERANNUATION REFORM ACT 1999
AMENDED
11. Principal Act
12. Section 6 amended (Election for scheme and payment into
scheme)
PART 7 - SOLICITOR-GENERAL ACT 1983 AMENDED
13. Principal Act
14. Section 9A amended (Superannuation entitlements of Solicitor-
General appointed after 1 July 1999)
PART 8 - SUPREME COURT ACT 1887 AMENDED
15. Principal Act
16. Section 8 amended (Superannuation entitlements of judge
appointed after 1 July 1999)
PART 9 - SUPREME COURT ACT 1959 AMENDED
17. Principal Act
18. Section 4AA amended (Superannuation entitlements of
Associate Judge appointed after 1 July 1999)
PART 10 - MISCELLANEOUS
19. Repeal of Act
2
PUBLIC SECTOR SUPERANNUATION
(MISCELLANEOUS AMENDMENTS) BILL 2013
(Brought in by the Minister for Finance, the Honourable Scott
Bacon)
A BILL FOR
An Act to amend the Director of Public Prosecutions Act
1973, the Governor of Tasmania Act 1982, the Magistrates
Court Act 1987, the Parliamentary Salaries, Superannuation
and Allowances Act 2012, the Public Sector Superannuation
Reform Act 1999, the Solicitor-General Act 1983, the
Supreme Court Act 1887 and the Supreme Court Act 1959
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Public Sector
Superannuation (Miscellaneous Amendments)
Act 2013.
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
[Bill 7] 3
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
s. 2 Part 1 - Preliminary
(2) Part 4 is taken to have commenced on
13 December 2000.
4
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
Part 2 - Director of Public Prosecutions Act 1973 Amended s. 3
PART 2 - DIRECTOR OF PUBLIC PROSECUTIONS
ACT 1973 AMENDED
3. Principal Act
In this Part, the Director of Public Prosecutions
Act 1973* is referred to as the Principal Act.
4. Section 8A amended (Superannuation entitlements
of Director appointed after 1 July 1999)
Section 8A of the Principal Act is amended as
follows:
(a) by omitting paragraph (d) from
subsection (2) and substituting the
following paragraph:
(d) the rate of employer
superannuation contributions
made in respect of the Director to
the accumulation scheme, RSA or
another complying
superannuation scheme is to be
calculated -
(i) by reference to the
Director's salary
determined in accordance
with section 5A(2); and
*No. 11 of 1973
5
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
s. 4 Part 2 - Director of Public Prosecutions Act 1973 Amended
(ii) by reference to the
definition of salary under
section 3AA of the Public
Sector Superannuation
Reform Act 1999; and
(iii) in accordance with the
"charge percentage"
prescribed under the
Superannuation
Guarantee
(Administration) Act 1992
of the Commonwealth, as
amended from time to
time; and
(b) by omitting paragraph (d) from
subsection (3) and substituting the
following paragraph:
(d) the rate of employer
superannuation contributions
made in respect of the Director to
the accumulation scheme, RSA or
another complying
superannuation scheme is to be
calculated in accordance with
subsection (2)(d).
(c) by omitting paragraph (a) from
subsection (6) and substituting the
following paragraph:
(a) in accordance with
subsection (2)(d); and
6
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
Part 2 - Director of Public Prosecutions Act 1973 Amended s. 4
(d) by omitting from subsection (6A) "at the
rate of 9% of the salary determined in
accordance with section 5A(2)" and
substituting "in accordance with
subsection (2)(d)".
7
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
s. 5 Part 3 - Governor of Tasmania Act 1982 Amended
PART 3 - GOVERNOR OF TASMANIA ACT 1982
AMENDED
5. Principal Act
In this Part, the Governor of Tasmania Act
1982* is referred to as the Principal Act.
6. Section 6D amended (Superannuation benefits for
Governor first appointed after 1 July 1999)
Section 6D of the Principal Act is amended as
follows:
(a) by omitting paragraph (d) from
subsection (3) and substituting the
following paragraph:
(d) the rate of employer
superannuation contributions
made in respect of the Governor
to the accumulation scheme, RSA
or another complying
superannuation scheme is to be
calculated -
(i) by reference to the
Governor's salary
determined in accordance
with section 4(1); and
(ii) by reference to the
definition of salary under
*No. 26 of 1982
8
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
Part 3 - Governor of Tasmania Act 1982 Amended s. 6
section 3AA of the Public
Sector Superannuation
Reform Act 1999; and
(iii) in accordance with the
"charge percentage"
prescribed under the
Superannuation
Guarantee
(Administration) Act 1992
of the Commonwealth, as
amended from time to
time.
(b) by omitting paragraph (a) from
subsection (6) and substituting the
following paragraph:
(a) in accordance with
subsection (3)(d); and
(c) by omitting from subsection (6A) "at the
rate of 9% of the salary determined in
accordance with section 4(1)" and
substituting "in accordance with
subsection (3)(d)".
9
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
s. 7 Part 4 - Magistrates Court Act 1987 Amended
PART 4 - MAGISTRATES COURT ACT 1987
AMENDED
7. Principal Act
In this Part, the Magistrates Court Act 1987* is
referred to as the Principal Act.
8. Section 10 amended (Terms and conditions of
service of magistrates)
Section 10 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) A magistrate is an employee for the
purposes of the Retirement Benefits Act
1993.
*No. 45 of 1987
10
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
Part 5 - Parliamentary Salaries, Superannuation and Allowances Act 2012 s. 9
Amended
PART 5 - PARLIAMENTARY SALARIES,
SUPERANNUATION AND ALLOWANCES ACT 2012
AMENDED
9. Principal Act
In this Part, the Parliamentary Salaries,
Superannuation and Allowances Act 2012* is
referred to as the Principal Act.
10. Schedule 3 amended (Superannuation for Members
of Parliament Elected After 1 July 1999)
Clause 1 of Schedule 3 to the Principal Act is
amended as follows:
(a) by omitting paragraph (c) from subclause
(2) and substituting the following
paragraph:
(c) the rate of employer
superannuation contributions
made in respect of the member of
Parliament to the accumulation
scheme, RSA or another
complying superannuation
scheme is to be calculated -
(i) by reference to the
member of Parliament's
salary determined in
*No. 18 of 2012
11
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
s. 10 Part 5 - Parliamentary Salaries, Superannuation and Allowances Act 2012
Amended
accordance with
section 4; and
(ii) by reference to the
definition of salary under
section 3AA of the Public
Sector Superannuation
Reform Act 1999; and
(iii) in accordance with the
"charge percentage"
prescribed under the
Superannuation
Guarantee
(Administration) Act 1992
of the Commonwealth, as
amended from time to
time; and
(b) by omitting paragraph (d) from subclause
(3) and substituting the following
paragraph:
(d) the rate of employer
superannuation contributions
made in respect of the member of
Parliament to the accumulation
scheme, RSA or another
complying superannuation
scheme is to be calculated in
accordance with subclause (2)(c).
12
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
Part 5 - Parliamentary Salaries, Superannuation and Allowances Act 2012 s. 10
Amended
(c) by omitting paragraph (a) from subclause
(6) and substituting the following
paragraph:
(a) in accordance with
subclause (2)(c); and
(d) by omitting from subclause (7) "at the
rate of 9% of the parliamentary salary
determined in accordance with section 4"
and substituting "in accordance with
subclause (2)(c)".
13
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
s. 11 Part 6 - Public Sector Superannuation Reform Act 1999 Amended
PART 6 - PUBLIC SECTOR SUPERANNUATION
REFORM ACT 1999 AMENDED
11. Principal Act
In this Part, the Public Sector Superannuation
Reform Act 1999* is referred to as the Principal
Act.
12. Section 6 amended (Election for scheme and
payment into scheme)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting subsection (5A);
(b) by omitting subsection (7) and
substituting the following subsection:
(7) The rate of employer
superannuation contributions to
the accumulation scheme, RSA or
another complying
superannuation scheme is to be
calculated by reference to the
employee's salary as defined
under section 3AA and in
accordance with the "charge
percentage" prescribed under the
Superannuation Guarantee
(Administration) Act 1992 of the
*No. 19 of 1999
14
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
Part 6 - Public Sector Superannuation Reform Act 1999 Amended s. 12
Commonwealth, as amended
from time to time.
15
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
s. 13 Part 7 - Solicitor-General Act 1983 Amended
PART 7 - SOLICITOR-GENERAL ACT 1983
AMENDED
13. Principal Act
In this Part, the Solicitor-General Act 1983* is
referred to as the Principal Act.
14. Section 9A amended (Superannuation entitlements
of Solicitor-General appointed after 1 July 1999)
Section 9A of the Principal Act is amended as
follows:
(a) by omitting paragraph (d) from
subsection (3) and substituting the
following paragraph:
(d) the rate of employer
superannuation contributions
made in respect of the Solicitor-
General to the accumulation
scheme, RSA or another
complying superannuation
scheme is to be calculated -
(i) by reference to the
Solicitor-General's salary
determined in accordance
with section 5(1)(ab); and
(ii) by reference to the
definition of salary under
*No. 13 of 1983
16
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
Part 7 - Solicitor-General Act 1983 Amended s. 14
section 3AA of the Public
Sector Superannuation
Reform Act 1999; and
(iii) in accordance with the
"charge percentage"
prescribed under the
Superannuation
Guarantee
(Administration) Act 1992
of the Commonwealth, as
amended from time to
time.
(b) by omitting from subsection (6) "non-
contributory scheme referred to in
subsection (2) or the";
(c) by omitting paragraph (a) from
subsection (6) and substituting the
following paragraph:
(a) in accordance with
subsection (3)(d); and
(d) by omitting from subsection (6A) "at the
rate of 9% of the salary determined in
accordance with section 5(1)(ab)" and
substituting "in accordance with
subsection (3)(d)".
17
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
s. 15 Part 8 - Supreme Court Act 1887 Amended
PART 8 - SUPREME COURT ACT 1887 AMENDED
15. Principal Act
In this Part, the Supreme Court Act 1887* is
referred to as the Principal Act.
16. Section 8 amended (Superannuation entitlements of
judge appointed after 1 July 1999)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting paragraph (d) from
subsection (2) and substituting the
following paragraph:
(d) the rate of employer
superannuation contributions
made in respect of the judge to
the accumulation scheme, RSA or
another complying
superannuation scheme is to be
calculated -
(i) by reference to the
judge's salary determined
in accordance with
section 7; and
(ii) by reference to the
definition of salary under
section 3AA of the Public
*No. 36 of 1887
18
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
Part 8 - Supreme Court Act 1887 Amended s. 16
Sector Superannuation
Reform Act 1999; and
(iii) in accordance with the
"charge percentage"
prescribed under the
Superannuation
Guarantee
(Administration) Act 1992
of the Commonwealth, as
amended from time to
time; and
(b) by omitting paragraph (d) from
subsection (3) and substituting the
following paragraph:
(d) the rate of employer
superannuation contributions
made in respect of a judge to the
accumulation scheme is to be
calculated in accordance with
subsection (2)(d).
(c) by omitting paragraph (a) from
subsection (6) and substituting the
following paragraph:
(a) in accordance with
subsection (2)(d); and
(d) by omitting from subsection (6A) "at the
rate of 9% of the salary determined in
accordance with section 7" and
substituting "to that RSA in accordance
with subsection (2)(d)".
19
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
s. 17 Part 9 - Supreme Court Act 1959 Amended
PART 9 - SUPREME COURT ACT 1959 AMENDED
17. Principal Act
In this Part, the Supreme Court Act 1959* is
referred to as the Principal Act.
18. Section 4AA amended (Superannuation
entitlements of Associate Judge appointed after 1
July 1999)
Section 4AA of the Principal Act is amended as
follows:
(a) by omitting paragraph (d) from
subsection (2) and substituting the
following paragraph:
(d) the rate of employer
superannuation contributions
made in respect of the Associate
Judge to the accumulation
scheme, RSA or another
complying superannuation
scheme is to be calculated -
(i) by reference to the
Associate Judge's salary
determined in accordance
with section 4(4); and
(ii) by reference to the
definition of salary under
*No. 41 of 1959
20
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
Part 9 - Supreme Court Act 1959 Amended s. 18
section 3AA of the Public
Sector Superannuation
Reform Act 1999; and
(iii) in accordance with the
"charge percentage"
prescribed under the
Superannuation
Guarantee
(Administration) Act 1992
of the Commonwealth, as
amended from time to
time; and
(b) by omitting paragraph (d) from
subsection (3) and substituting the
following paragraph:
(d) the rate of employer
superannuation contributions
made in respect of the Associate
Judge to the accumulation
scheme is to be calculated in
accordance with
subsection (2)(d).
(c) by omitting from subsection (6) "the
non-contributory scheme referred to in
subsection (2) or";
(d) by omitting paragraph (a) from
subsection (6) and substituting the
following paragraph:
(a) in accordance with
subsection (2)(d); and
21
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
s. 18 Part 9 - Supreme Court Act 1959 Amended
(e) by omitting from subsection (6A) "at the
rate of 9% of the salary determined in
accordance with section 4(4)" and
substituting "to that RSA in accordance
with subsection (2)(d)".
22
Public Sector Superannuation (Miscellaneous Amendments) Act
2013
Act No. of
Part 10 - Miscellaneous s. 19
PART 10 - MISCELLANEOUS
19. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 23