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TASMANIA
__________
PUBLIC SECTOR SUPERANNUATION REFORM
(CONSEQUENTIAL AND TRANSITIONAL
PROVISIONS) BILL 2016
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - AMBULANCE SERVICE ACT 1982 AMENDED
3. Principal Act
4. Section 23 amended (Accounts and records)
PART 3 - AUDIT ACT 2008 AMENDED
5. Principal Act
6. Schedule 1 amended (General Provisions as to Auditor-General)
PART 4 - COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE
ACT 2016 AMENDED
7. Principal Act
8. Schedule 1 amended (Terms of appointment)
PART 5 - CONSTITUTION ACT 1934 AMENDED
9. Principal Act
10. Section 33 amended (Contractors)
[Bill 57]-XI
PART 6 - CROWN SERVANTS' REINSTATEMENT ACT 1970
AMENDED
11. Principal Act
12. Section 3 amended (Reinstatement of certain former Crown
servants)
PART 7 - CUSTODIAL INSPECTOR ACT 2016 AMENDED
13. Principal Act
14. Schedule 1 amended (Inspector)
PART 8 - DIRECTOR OF PUBLIC PROSECUTIONS ACT 1973
AMENDED
15. Principal Act
16. Section 2 amended (Interpretation)
17. Section 8A substituted
8A. Superannuation
18. Sections 8B and 8C repealed
19. Section 13 amended (Rights of State servant appointed as
Director)
PART 9 - ELECTORAL ACT 2004 AMENDED
20. Principal Act
21. Section 22 amended (Supplementary provisions relating to
Commissioner)
PART 10 - ELECTRICITY COMPANIES ACT 1997 AMENDED
22. Principal Act
23. Section 18 amended (Superannuation for employees)
PART 11 - GOVERNMENT BUSINESS ENTERPRISES (SALE) ACT
2003 AMENDED
24. Principal Act
25. Section 10 amended (Arrangements for employees affected by
sale of business)
26. Section 12 amended (Superannuation)
27. Section 18 amended (Arrangements for employees on formation
of company)
2
28. Section 28 amended (Superannuation for employees)
29. Section 33 amended (Superannuation)
30. Section 36 amended (Arrangements for employees on transfer of
business)
PART 12 - GOVERNMENT BUSINESS ENTERPRISES ACT 1995
AMENDED
31. Principal Act
32. Section 18 amended (Chief executive officer)
33. Section 22 amended (Superannuation)
34. Section 95 amended (Superannuation)
PART 13 - GOVERNOR OF TASMANIA ACT 1982 AMENDED
35. Principal Act
36. Section 3 amended (Interpretation)
37. Section 6A amended (Commutation of pension to lump sum to
pay surcharge liability)
38. Section 6D amended (Superannuation benefits for Governor first
appointed after 1 July 1999)
39. Sections 6E and 6F repealed
40. Section 8 amended (Supplementary provisions relating to
officers)
41. Section 9 amended (Appointment of other employees)
PART 14 - HEALTH COMPLAINTS ACT 1995 AMENDED
42. Principal Act
43. Schedule 3 amended (Health Complaints Commissioner)
PART 15 - INDUSTRIAL RELATIONS ACT 1984 AMENDED
44. Principal Act
45. Section 3 amended (Interpretation)
46. Section 6 amended (Provisions relating to appointment of
Commissioners)
47. Section 6A repealed
3
PART 16 - INLAND FISHERIES ACT 1995 AMENDED
48. Principal Act
49. Section 3 amended (Interpretation)
50. Section 11 amended (Appointment of Director)
51. Schedule 3 amended (Membership and Meetings of Council)
PART 17 - INTEGRITY COMMISSION ACT 2009 AMENDED
52. Principal Act
53. Section 17 amended (Chief executive officer)
PART 18 - IRRIGATION COMPANY ACT 2011 AMENDED
54. Principal Act
55. Section 19 amended (Superannuation contributions)
PART 19 - JUDGES' CONTRIBUTORY PENSIONS ACT 1968
AMENDED
56. Principal Act
57. Section 2A amended (Interpretation)
58. Section 4A repealed
59. Section 11 amended (Commutation of pension to lump sum to
pay surcharge liability)
60. Section 12A repealed
PART 20 - LEGAL AID COMMISSION ACT 1990 AMENDED
61. Principal Act
62. Section 10A substituted
10A. Superannuation
PART 21 - LONG SERVICE LEAVE (STATE EMPLOYEES) ACT 1994
AMENDED
63. Principal Act
64. Section 10 amended (Continuous employment)
65. Section 11 amended (Length of employment)
PART 22 - MAGISTRATES COURT ACT 1987 AMENDED
66. Principal Act
4
67. Section 3 amended (Interpretation)
68. Section 4 amended (Appointment of magistrates)
69. Section 10 amended (Terms and conditions of service of
magistrates)
PART 23 - METRO TASMANIA (TRANSITIONAL AND
CONSEQUENTIAL PROVISIONS) ACT 1997 AMENDED
70. Principal Act
71. Section 13 amended (Superannuation)
72. Section 17 repealed
PART 24 - METRO TASMANIA ACT 1997 AMENDED
73. Principal Act
74. Section 18 amended (Superannuation)
PART 25 - OMBUDSMAN ACT 1978 AMENDED
75. Principal Act
76. Section 5 amended (Appointment, &c., of Ombudsman)
PART 26 - PARLIAMENTARY PRIVILEGE ACT 1898 AMENDED
77. Principal Act
78. Section 2 amended (Interpretation)
79. Section 3A amended (Supplementary provisions relating to
officers)
80. Section 4A substituted
4A. Superannuation entitlements of officers and
employees
PART 27 - PARLIAMENTARY SALARIES, SUPERANNUATION AND
ALLOWANCES ACT 2012 AMENDED
81. Principal Act
82. Section 3 amended (Interpretation)
83. Schedule 1 amended (Salaries Payable to Members of
Parliament)
84. Schedule 3 amended (Superannuation for Members of
Parliament Elected After 1 July 1999)
5
PART 28 - PRIVATE FORESTS ACT 1994 AMENDED
85. Principal Act
86. Schedule 2 amended (Directors)
PART 29 - PUBLIC SECTOR SUPERANNUATION REFORM ACT
2016 AMENDED
87. Principal Act
88. Section 3 amended (Interpretation)
89. Section 30 amended (Closure under Public Sector
Superannuation Reform Act 1999 of contributory scheme
remains in effect)
90. Section 58 amended (Regulations may contain transitional
matters)
PART 30 - RACING (TASRACING PTY LTD) ACT 2009 AMENDED
91. Principal Act
92. Section 23 repealed
93. Section 24 amended (Superannuation)
PART 31 - RAIL COMPANY ACT 2009 AMENDED
94. Principal Act
95. Section 17 amended (Superannuation contributions)
96. Section 31 substituted
31. Superannuation for certain employees
97. Section 35 amended (Superannuation for certain employees)
PART 32 - SOLICITOR-GENERAL ACT 1983 AMENDED
98. Principal Act
99. Section 3 amended (Interpretation)
100. Section 9A amended (Superannuation entitlements of Solicitor-
General appointed after 1 July 1999)
101. Sections 9B and 9C repealed
102. Section 12 amended (Accruing and accrued rights of public
servant, &c., who is appointed as Solicitor-General)
6
PART 33 - STATE SERVICE ACT 2000 AMENDED
103. Principal Act
104. Section 3 amended (Interpretation)
105. Section 31 amended (Appointment, &c., of officers)
106. Section 46 amended (Arrangements relating to secondment of
persons)
PART 34 - SUPREME COURT ACT 1887 AMENDED
107. Principal Act
108. Section 1 amended (Interpretation)
109. Section 7 amended (Remuneration of judges)
110. Section 8 amended (Superannuation entitlements of judge
appointed after 1 July 1999)
111. Sections 8A and 8B repealed
112. Section 8C amended (Appropriation)
PART 35 - SUPREME COURT ACT 1959 AMENDED
113. Principal Act
114. Section 3 amended (Interpretation)
115. Section 4AA amended (Superannuation entitlements of
Associate Judge appointed after 1 July 1999)
116. Sections 4AB and 4AC repealed
117. Section 5HA repealed
PART 36 - TT-LINE ARRANGEMENTS ACT 1993 AMENDED
118. Principal Act
119. Section 3 amended (Interpretation)
120. Section 24A amended (Superannuation arrangements generally)
121. Section 25 amended (Superannuation)
PART 37 - TOURISM TASMANIA ACT 1996 AMENDED
122. Principal Act
123. Section 3 amended (Interpretation)
124. Section 17 amended (Chief executive officer)
7
125. Schedule 1 amended (Directors)
PART 38 - WATER AND SEWERAGE CORPORATION ACT 2012
AMENDED
126. Principal Act
127. Section 37 amended (Superannuation)
PART 39 - WORKERS REHABILITATION AND COMPENSATION
ACT 1988 AMENDED
128. Principal Act
129. Schedule 3 amended (Provisions with respect to the term of
office and conditions of service of Chief Workers Rehabilitation
and Compensation Commissioner)
PART 40 - CONCLUDING PROVISION
130. Repeal of Act
8
PUBLIC SECTOR SUPERANNUATION REFORM
(CONSEQUENTIAL AND TRANSITIONAL
PROVISIONS) BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
25 October 2016
(Brought in by the Treasurer, the Honourable Peter Carl
Gutwein)
A BILL FOR
An Act to amend various enactments consequential on the
enactment of the Public Sector Superannuation Reform Act
2016
Be it enacted by Her 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 Reform (Consequential and
Transitional Provisions) Act 2016.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 57] 9
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 3 Part 2 - Ambulance Service Act 1982 Amended
PART 2 - AMBULANCE SERVICE ACT 1982
AMENDED
3. Principal Act
In this Part, the Ambulance Service Act 1982* is
referred to as the Principal Act.
4. Section 23 amended (Accounts and records)
Section 23(5) of the Principal Act is amended as
follows:
(a) by omitting "Retirement Benefits
(Tasmanian Ambulance Service
Superannuation Scheme) Act 2006" from
the definition of Ambulance member and
substituting "Public Sector
Superannuation Reform Act 2016";
(b) by inserting ", a default fund within the
meaning of the Public Sector
Superannuation Reform Act 2016" after
"section 7 of the Public Sector
Superannuation Reform Act 1999" in the
definition of complying superannuation
scheme.
*No. 105 of 1982
10
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 3 - Audit Act 2008 Amended s. 5
PART 3 - AUDIT ACT 2008 AMENDED
5. Principal Act
In this Part, the Audit Act 2008* is referred to as
the Principal Act.
6. Schedule 1 amended (General Provisions as to
Auditor-General)
Clause 4(3) of Schedule 1 to the Principal Act is
amended by omitting "the Public Sector
Superannuation Reform Act 1999" and
substituting "the Public Sector Superannuation
Reform Act 2016".
*No. 49 of 2008
11
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 7 Part 4 - Commissioner for Children and Young People Act 2016 Amended
PART 4 - COMMISSIONER FOR CHILDREN AND
YOUNG PEOPLE ACT 2016 AMENDED
7. Principal Act
In this Part, the Commissioner for Children and
Young People Act 2016* is referred to as the
Principal Act.
8. Schedule 1 amended (Terms of appointment)
Clause 3 of Schedule 1 to the Principal Act is
amended by omitting subclauses (2), (3), (4) and
(5) and substituting the following subclause:
(2) The Commissioner is an employee for
the purposes of the Public Sector
Superannuation Reform Act 2016.
*No. 2 of 2016
12
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 5 - Constitution Act 1934 Amended s. 9
PART 5 - CONSTITUTION ACT 1934 AMENDED
9. Principal Act
In this Part, the Constitution Act 1934* is
referred to as the Principal Act.
10. Section 33 amended (Contractors)
Section 33 of the Principal Act is amended as
follows:
(a) by inserting in subsection (3)(f) ", before
the transfer date within the meaning of
the Public Sector Superannuation
Reform Act 2016," after "a loan";
(b) by omitting paragraph (fb) from the
definition of State instrumentality in
subsection (6) and substituting the
following paragraph:
(fb) the Commission within the
meaning of the Public Sector
Superannuation Reform Act
2016;
*No. 94 of 1934
13
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 11 Part 6 - Crown Servants' Reinstatement Act 1970 Amended
PART 6 - CROWN SERVANTS' REINSTATEMENT
ACT 1970 AMENDED
11. Principal Act
In this Part, the Crown Servants' Reinstatement
Act 1970* is referred to as the Principal Act.
12. Section 3 amended (Reinstatement of certain
former Crown servants)
Section 3(6) of the Principal Act is amended by
omitting "Retirement Benefits Act 1993" and
substituting "Public Sector Superannuation
Reform Act 2016 and any regulations under that
Act".
*No. 44 of 1970
14
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 7 - Custodial Inspector Act 2016 Amended s. 13
PART 7 - CUSTODIAL INSPECTOR ACT 2016
AMENDED
13. Principal Act
In this Part, the Custodial Inspector Act 2016* is
referred to as the Principal Act.
14. Schedule 1 amended (Inspector)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting the definitions of
accumulation scheme, complying
superannuation scheme and contributory
scheme from clause 1;
(b) by omitting the definition of RSA from
clause 1;
(c) by omitting subclauses (5), (6), (7), (8)
and (9) from clause 5 and substituting the
following subclause:
(5) A person who is appointed as
Inspector is an employee for the
purposes of the Public Sector
Superannuation Reform Act 2016.
*No. 30 of 2016
15
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 15 Part 8 - Director of Public Prosecutions Act 1973 Amended
PART 8 - DIRECTOR OF PUBLIC PROSECUTIONS
ACT 1973 AMENDED
15. Principal Act
In this Part, the Director of Public Prosecutions
Act 1973* is referred to as the Principal Act.
16. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme and substituting
the following definition:
accumulation scheme means the
default fund, within the meaning
of the Public Sector
Superannuation Reform Act 2016,
in relation to which the Director
is a relevant employee within the
meaning of section 21 of that Act;
(b) by omitting the definition of contributory
scheme and substituting the following
definition:
contributory scheme has the same
meaning as in the Public Sector
Superannuation Reform Act
2016;
*No. 11 of 1973
16
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 8 - Director of Public Prosecutions Act 1973 Amended s. 17
(c) by omitting the definition of RBF Board;
(d) by omitting the definition of transfer
day.
17. Section 8A substituted
Section 8A of the Principal Act is repealed and
the following section is substituted:
8A. Superannuation
A person appointed as Director after
1 July 1999 is an employee for the
purposes of the Public Sector
Superannuation Reform Act 2016.
18. Sections 8B and 8C repealed
Sections 8B and 8C of the Principal Act are
repealed.
19. Section 13 amended (Rights of State servant
appointed as Director)
Section 13(2) of the Principal Act is amended by
omitting "be subject tosection 8A of this Act"
and substituting "become a member of a
complying superannuation scheme".
17
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 20 Part 9 - Electoral Act 2004 Amended
PART 9 - ELECTORAL ACT 2004 AMENDED
20. Principal Act
In this Part, the Electoral Act 2004* is referred
to as the Principal Act.
21. Section 22 amended (Supplementary provisions
relating to Commissioner)
Section 22(1) of the Principal Act is amended by
omitting "Retirement Benefits Act 1993" and
substituting "Public Sector Superannuation
Reform Act 2016".
*No. 51 of 2004
18
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 10 - Electricity Companies Act 1997 Amended s. 22
PART 10 - ELECTRICITY COMPANIES ACT 1997
AMENDED
22. Principal Act
In this Part, the Electricity Companies Act 1997*
is referred to as the Principal Act.
23. Section 18 amended (Superannuation for
employees)
Section 18 of the Principal Act is amended as
follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) An employee of a company is an
employee for the purposes of the
Public Sector Superannuation
Reform Act 2016.
(2) A superannuation contribution
made in respect of an employee
appointed or employed on or after
15 May 1999 is not to be in
excess of the rate specified in
section 21(3) of the Public Sector
Superannuation Reform Act 2016.
(b) by omitting from subsection (4)
"Retirement Benefits Act 1993 or the
Public Sector Superannuation Reform
*No. 69 of 1997
19
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 23 Part 10 - Electricity Companies Act 1997 Amended
Act 1999" and substituting "Public
Sector Superannuation Reform Act
2016".
20
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 11 - Government Business Enterprises (Sale) Act 2003 Amended s. 24
PART 11 - GOVERNMENT BUSINESS ENTERPRISES
(SALE) ACT 2003 AMENDED
24. Principal Act
In this Part, the Government Business
Enterprises (Sale) Act 2003* is referred to as the
Principal Act.
25. Section 10 amended (Arrangements for employees
affected by sale of business)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (7)(d) "the
Retirement Benefits Act 1993 or the
Public Sector Superannuation Reform
Act 1999" and substituting "or under the
Public Sector Superannuation Reform
Act 2016";
(b) by omitting from subsection (11)(b) "the
Retirement Benefits Act 1993, the Public
Sector Superannuation Reform Act 1999"
and substituting "or under the Public
Sector Superannuation Reform Act
2016".
*No. 39 of 2003
21
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 26 Part 11 - Government Business Enterprises (Sale) Act 2003 Amended
26. Section 12 amended (Superannuation)
Section 12 of the Principal Act is amended by
omitting "Retirement Benefits Act 1993 is to
make a declaration under regulation 3(3) of the
Retirement Benefits Regulations 2005 declaring"
and substituting "Public Sector Superannuation
Reform Act 2016 is to make a declaration, under
regulations under that Act, declaring".
27. Section 18 amended (Arrangements for employees
on formation of company)
Section 18 of the Principal Act is amended as
follows:
(a) by omitting from subsection (6)(d) "the
Retirement Benefits Act 1993 or the
Public Sector Superannuation Reform
Act 1999" and substituting "or under the
Public Sector Superannuation Reform
Act 2016";
(b) by omitting from subsection (10)(b) "the
Retirement Benefits Act 1993, the Public
Sector Superannuation Reform Act 1999"
and substituting "or under the Public
Sector Superannuation Reform Act
2016".
22
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 11 - Government Business Enterprises (Sale) Act 2003 Amended s. 28
28. Section 28 amended (Superannuation for
employees)
Section 28 of the Principal Act is amended by
omitting subsections (1), (2), (3) and (4) and
substituting the following subsections:
(1) A company must not make to a
superannuation scheme a contribution in
respect of an employee (excluding a
transferred employee) that is in excess of
the rate specified in section 21(3) of the
Public Sector Superannuation Reform
Act 2016.
(2) A company is to comply with any
instruction in relation to superannuation
given to it by the Minister administering
the Public Sector Superannuation
Reform Act 2016.
29. Section 33 amended (Superannuation)
Section 33 of the Principal Act is amended by
omitting "Retirement Benefits Act 1993 is to
make a declaration under regulation 3(3) of the
Retirement Benefits Regulations 2005" and
substituting "Public Sector Superannuation
Reform Act 2016 is to make a declaration, under
regulations under that Act,".
23
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 30 Part 11 - Government Business Enterprises (Sale) Act 2003 Amended
30. Section 36 amended (Arrangements for employees
on transfer of business)
Section 36(5)(b) of the Principal Act is amended
by omitting "the Retirement Benefits Act 1993,
the Public Sector Superannuation Reform Act
1999" and substituting "or under the Public
Sector Superannuation Reform Act 2016".
24
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 12 - Government Business Enterprises Act 1995 Amended s. 31
PART 12 - GOVERNMENT BUSINESS ENTERPRISES
ACT 1995 AMENDED
31. Principal Act
In this Part, the Government Business
Enterprises Act 1995* is referred to as the
Principal Act.
32. Section 18 amended (Chief executive officer)
Section 18 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by omitting subsections (4A), (4B),
(4BA), (4C) and (4D) and substituting
the following subsection:
(4A) A chief executive officer is an
employee for the purposes of the
Public Sector Superannuation
Reform Act 2016.
33. Section 22 amended (Superannuation)
Section 22 of the Principal Act is amended as
follows:
(a) by omitting subsections (1), (1A), (2) and
(3) and substituting the following
subsection:
*No. 22 of 1995
25
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 34 Part 12 - Government Business Enterprises Act 1995 Amended
(1) A Government Business
Enterprise must not make to a
superannuation scheme a
contribution in respect of an
employee that is in excess of the
rate specified in section 21(3) of
the Public Sector Superannuation
Reform Act 2016.
(b) by omitting from subsection (5)
"Retirement Benefits Act 1993 or the
Public Sector Superannuation Reform
Act 1999" and substituting "Public
Sector Superannuation Reform Act
2016".
34. Section 95 amended (Superannuation)
Section 95 of the Principal Act is amended by
omitting subsections (1) and (2) and substituting
the following subsection:
(1) If, immediately before the conversion
day, the Retirement Benefits Act 1993
applied in relation to a person who, on
that day, became an initial employee
under section 90(1) or the initial chief
executive officer under section 91(2) and
the person is, on and from the day on
which Part 4 of the Public Sector
Superannuation Reform Act 2016
commences, an employee or the chief
executive officer, then, on and from the
day of that commencement the person is,
26
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 12 - Government Business Enterprises Act 1995 Amended s. 34
while such an employee or chief
executive officer, an employee for the
purposes of the Public Sector
Superannuation Reform Act 2016.
27
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 35 Part 13 - Governor of Tasmania Act 1982 Amended
PART 13 - GOVERNOR OF TASMANIA ACT 1982
AMENDED
35. Principal Act
In this Part, the Governor of Tasmania Act
1982* is referred to as the Principal Act.
36. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme and substituting
the following definition:
accumulation scheme means the
default fund, within the meaning
of the Public Sector
Superannuation Reform Act 2016,
in relation to which the Governor
is a relevant employee within the
meaning of section 21 of that Act;
(b) by omitting the definitions of
contributory scheme and RBF Board.
*No. 26 of 1982
28
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 13 - Governor of Tasmania Act 1982 Amended s. 37
37. Section 6A amended (Commutation of pension to
lump sum to pay surcharge liability)
Section 6A(3) of the Principal Act is amended
by omitting "in force under the Retirement
Benefits Act 1993" and substituting "under
regulations in force under the Public Sector
Superannuation Reform Act 2016".
38. Section 6D amended (Superannuation benefits for
Governor first appointed after 1 July 1999)
Section 6D of the Principal Act is amended by
omitting subsections (3), (4), (5), (6), (6A) and
(7) and substituting the following subsection:
(2) A person who is first appointed as
Governor after 1 July 1999 is an
employee for the purposes of the Public
Sector Superannuation Reform Act 2016.
39. Sections 6E and 6F repealed
Sections 6E and 6F of the Principal Act are
repealed.
40. Section 8 amended (Supplementary provisions
relating to officers)
Section 8 of the Principal Act is amended by
omitting subsections (4), (5), (6), (7), (8), (9) and
(10) and substituting the following subsection:
29
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 41 Part 13 - Governor of Tasmania Act 1982 Amended
(4) An officer holding appointment under
section 7 is an employee for the purposes
of the Public Sector Superannuation
Reform Act 2016.
41. Section 9 amended (Appointment of other
employees)
Section 9 of the Principal Act is amended by
omitting subsections (4), (5), (6), (7), (8) and (9)
and substituting the following subsection:
(4) A person appointed and employed under
subsection (1) is an employee for the
purposes of the Public Sector
Superannuation Reform Act 2016.
30
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 14 - Health Complaints Act 1995 Amended s. 42
PART 14 - HEALTH COMPLAINTS ACT 1995
AMENDED
42. Principal Act
In this Part, the Health Complaints Act 1995* is
referred to as the Principal Act.
43. Schedule 3 amended (Health Complaints
Commissioner)
Schedule 3 to the Principal Act is amended as
follows:
(a) by omitting clause 1;
(b) by omitting subclauses (5), (6), (6A), (7)
and (8) from clause 2 and substituting the
following subclause:
(5) The Commissioner is an
employee for the purposes of the
Public Sector Superannuation
Reform Act 2016.
*No. 95 of 1995
31
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 44 Part 15 - Industrial Relations Act 1984 Amended
PART 15 - INDUSTRIAL RELATIONS ACT 1984
AMENDED
44. Principal Act
In this Part, the Industrial Relations Act 1984* is
referred to as the Principal Act.
45. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme and substituting
the following definition:
accumulation scheme, in relation to a
Commissioner, means the default
fund, within the meaning of the
Public Sector Superannuation
Reform Act 2016, in relation to
which the Commissioner is a
relevant employee within the
meaning of section 21 of that Act;
(b) by omitting the definition of complying
superannuation scheme;
(c) by omitting the definition of contributory
scheme.
*No. 21 of 1984
32
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 15 - Industrial Relations Act 1984 Amended s. 46
46. Section 6 amended (Provisions relating to
appointment of Commissioners)
Section 6(5) of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraph:
(a) the Public Sector Superannuation
Reform Act 2016; and
47. Section 6A repealed
Section 6A of the Principal Act is repealed.
33
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 48 Part 16 - Inland Fisheries Act 1995 Amended
PART 16 - INLAND FISHERIES ACT 1995 AMENDED
48. Principal Act
In this Part, the Inland Fisheries Act 1995* is
referred to as the Principal Act.
49. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme;
(b) by omitting the definitions of complying
superannuation scheme and contributory
scheme;
(c) by omitting the definition of RSA.
50. Section 11 amended (Appointment of Director)
Section 11 of the Principal Act is amended by
omitting subsections (3), (4), (4A), (5) and (6)
and substituting the following subsection:
(3) The Director is an employee for the
purposes of the Public Sector
Superannuation Reform Act 2016.
*No. 110 of 1995
34
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 16 - Inland Fisheries Act 1995 Amended s. 51
51. Schedule 3 amended (Membership and Meetings of
Council)
Clause 2 of Schedule 3 to the Principal Act is
amended by omitting subclause (2).
35
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 52 Part 17 - Integrity Commission Act 2009 Amended
PART 17 - INTEGRITY COMMISSION ACT 2009
AMENDED
52. Principal Act
In this Part, the Integrity Commission Act 2009*
is referred to as the Principal Act.
53. Section 17 amended (Chief executive officer)
Section 17 of the Principal Act is amended by
omitting subsections (8), (9), (10), (11) and (12)
and substituting the following subsection:
(8) The chief executive officer is an
employee for the purposes of the Public
Sector Superannuation Reform Act 2016.
*No. 67 of 2009
36
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 18 - Irrigation Company Act 2011 Amended s. 54
PART 18 - IRRIGATION COMPANY ACT 2011
AMENDED
54. Principal Act
In this Part, the Irrigation Company Act 2011* is
referred to as the Principal Act.
55. Section 19 amended (Superannuation contributions)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by omitting subsections (3), (4) and (5)
and substituting the following
subsection:
(3) The Company must comply with
any instruction in relation to
superannuation given to it by the
Minister administering the Public
Sector Superannuation Reform
Act 2016.
*No. 12 of 2011
37
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 56 Part 19 - Judges' Contributory Pensions Act 1968 Amended
PART 19 - JUDGES' CONTRIBUTORY PENSIONS
ACT 1968 AMENDED
56. Principal Act
In this Part, the Judges' Contributory Pensions
Act 1968* is referred to as the Principal Act.
57. Section 2A amended (Interpretation)
Section 2A of the Principal Act is amended as
follows:
(a) by omitting the definitions of
accumulation scheme and Actuary and
substituting the following definition:
Actuary has the same meaning as in
the Public Sector Superannuation
Reform Act 2016;
(b) by omitting the definition of RBF Board.
58. Section 4A repealed
Section 4A of the Principal Act is repealed.
59. Section 11 amended (Commutation of pension to
lump sum to pay surcharge liability)
Section 11(3) of the Principal Act is amended by
omitting "Retirement Benefits Act 1993" and
*No. 73 of 1968
38
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 19 - Judges' Contributory Pensions Act 1968 Amended s. 60
substituting "Public Sector Superannuation
Reform Act 2016".
60. Section 12A repealed
Section 12A of the Principal Act is repealed.
39
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 61 Part 20 - Legal Aid Commission Act 1990 Amended
PART 20 - LEGAL AID COMMISSION ACT 1990
AMENDED
61. Principal Act
In this Part, the Legal Aid Commission Act
1990* is referred to as the Principal Act.
62. Section 10A substituted
Section 10A of the Principal Act is repealed and
the following section is substituted:
10A. Superannuation
The Commissioner is an employee for
the purposes of the Public Sector
Superannuation Reform Act 2016.
*No. 42 of 1990
40
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 21 - Long Service Leave (State Employees) Act 1994 Amended s. 63
PART 21 - LONG SERVICE LEAVE (STATE
EMPLOYEES) ACT 1994 AMENDED
63. Principal Act
In this Part, the Long Service Leave (State
Employees) Act 1994* is referred to as the
Principal Act.
64. Section 10 amended (Continuous employment)
Section 10(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d)
"Retirement Benefits Act 1993" and
substituting "Public Sector
Superannuation Reform Act 2016";
(b) by omitting from paragraph (f)
"Retirement Benefits Act 1993" and
substituting "Public Sector
Superannuation Reform Act 2016".
65. Section 11 amended (Length of employment)
Section 11(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b)
"Retirement Benefits Act 1993" and
*No. 13 of 1994
41
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 65 Part 21 - Long Service Leave (State Employees) Act 1994 Amended
substituting "Public Sector
Superannuation Reform Act 2016";
(b) by omitting from paragraph (c)(ii)
"Retirement Benefits Act 1993" and
substituting "Public Sector
Superannuation Reform Act 2016".
42
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 22 - Magistrates Court Act 1987 Amended s. 66
PART 22 - MAGISTRATES COURT ACT 1987
AMENDED
66. Principal Act
In this Part, the Magistrates Court Act 1987* is
referred to as the Principal Act.
67. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme;
(b) by omitting the definition of contributory
scheme;
(c) by omitting the definition of RSA.
68. Section 4 amended (Appointment of magistrates)
Section 4 of the Principal Act is amended by
omitting subsections (6), (7), (7A), (8) and (9)
and substituting the following subsection:
(6) A magistrate is an employee for the
purposes of the Public Sector
Superannuation Reform Act 2016.
*No. 45 of 1987
43
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 69 Part 22 - Magistrates Court Act 1987 Amended
69. Section 10 amended (Terms and conditions of
service of magistrates)
Section 10(3) of the Principal Act is amended by
omitting "Retirement Benefits Act 1993" and
substituting "Public Sector Superannuation
Reform Act 2016".
44
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 23 - Metro Tasmania (Transitional and Consequential Provisions) Act s. 70
1997 Amended
PART 23 - METRO TASMANIA (TRANSITIONAL AND
CONSEQUENTIAL PROVISIONS) ACT 1997
AMENDED
70. Principal Act
In this Part, the Metro Tasmania (Transitional
and Consequential Provisions) Act 1997* is
referred to as the Principal Act.
71. Section 13 amended (Superannuation)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting subsections (1) and (1A);
(b) by omitting from subsection (1C)
"Retirement Benefits Act 1993 or the
Public Sector Superannuation Reform
Act 1999" and substituting "Public
Sector Superannuation Reform Act
2016";
(c) by omitting from subsection (2)
"Retirement Benefits Act 1993" and
substituting "Public Sector
Superannuation Reform Act 2016".
*No. 79 of 1997
45
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 72 Part 23 - Metro Tasmania (Transitional and Consequential Provisions) Act
1997 Amended
72. Section 17 repealed
Section 17 of the Principal Act is repealed.
46
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 24 - Metro Tasmania Act 1997 Amended s. 73
PART 24 - METRO TASMANIA ACT 1997 AMENDED
73. Principal Act
In this Part, the Metro Tasmania Act 1997* is
referred to as the Principal Act.
74. Section 18 amended (Superannuation)
Section 18 of the Principal Act is amended by
omitting ", when so required by the Minister
administering the Retirement Benefits Act 1993
or the Retirement Benefits Fund Board, provide
any information that may be required for an
actuarial review of any of its liabilities under that
Act" and substituting "comply with any
instruction in relation to superannuation given to
it by the Minister administering the Public
Sector Superannuation Reform Act 2016".
*No. 78 of 1997
47
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 75 Part 25 - Ombudsman Act 1978 Amended
PART 25 - OMBUDSMAN ACT 1978 AMENDED
75. Principal Act
In this Part, the Ombudsman Act 1978* is
referred to as the Principal Act.
76. Section 5 amended (Appointment, &c., of
Ombudsman)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by omitting subsections (9), (10), (10A),
(11) and (12) and substituting the
following subsection:
(9) The Ombudsman is an employee
for the purposes of the Public
Sector Superannuation Reform
Act 2016.
*No. 82 of 1978
48
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 26 - Parliamentary Privilege Act 1898 Amended s. 77
PART 26 - PARLIAMENTARY PRIVILEGE ACT 1898
AMENDED
77. Principal Act
In this Part, the Parliamentary Privilege Act
1898* is referred to as the Principal Act.
78. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as
follows:
(a) by omitting the definitions of
accumulation scheme, complying
superannuation scheme and contributory
scheme;
(b) by omitting the definition of RSA.
79. Section 3A amended (Supplementary provisions
relating to officers)
Section 3A of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) An officer appointed under section 3 is
an employee for the purposes of the
Public Sector Superannuation Reform
Act 2016.
*No. 30 of 1898
49
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 80 Part 26 - Parliamentary Privilege Act 1898 Amended
80. Section 4A substituted
Section 4A of the Principal Act is repealed and
the following section is substituted:
4A. Superannuation entitlements of officers and
employees
A person appointed as an officer under
section 3 or as a sessional or temporary
employee under section 4 is an employee
for the purposes of the Public Sector
Superannuation Reform Act 2016.
50
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 27 - Parliamentary Salaries, Superannuation and Allowances Act 2012 s. 81
Amended
PART 27 - PARLIAMENTARY SALARIES,
SUPERANNUATION AND ALLOWANCES ACT 2012
AMENDED
81. Principal Act
In this Part, the Parliamentary Salaries,
Superannuation and Allowances Act 2012* is
referred to as the Principal Act.
82. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme;
(b) by omitting the definitions of complying
superannuation scheme and contributory
scheme;
(c) by omitting the definition of RBF Board.
83. Schedule 1 amended (Salaries Payable to Members
of Parliament)
Clause 2 of Part 3 of Schedule 1 to the Principal
Act is amended as follows:
(a) by omitting from subclause (1)(b)
"accumulation scheme" and substituting
*No. 18 of 2012
51
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 84 Part 27 - Parliamentary Salaries, Superannuation and Allowances Act 2012
Amended
"default fund, within the meaning of the
Public Sector Superannuation Reform
Act 2016";
(b) by omitting from subclause (2)(a)
"Retirement Benefits (Parliamentary
Superannuation) Regulations 2002" and
substituting "regulations, in relation to
parliamentary superannuation, made
under the Public Sector Superannuation
Reform Act 2016";
(c) by inserting in subclause (3)(b) "or
regulations made in substitution for those
regulations" after "Retirement Benefits
(Parliamentary Superannuation)
Regulations 2002".
84. Schedule 3 amended (Superannuation for Members
of Parliament Elected After 1 July 1999)
Schedule 3 to the Principal Act is amended as
follows:
(a) by omitting clause 1 and substituting the
following clause:
1. Superannuation entitlements of
members of Parliament
A person elected as a member of
Parliament is taken to be an
employee for the purposes of the
52
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 27 - Parliamentary Salaries, Superannuation and Allowances Act 2012 s. 84
Amended
Public Sector Superannuation
Reform Act 2016.
(b) by omitting clauses 2 and 3.
53
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 85 Part 28 - Private Forests Act 1994 Amended
PART 28 - PRIVATE FORESTS ACT 1994 AMENDED
85. Principal Act
In this Part, the Private Forests Act 1994* is
referred to as the Principal Act.
86. Schedule 2 amended (Directors)
Clause 2 of Schedule 2 to the Principal Act is
amended as follows:
(a) by omitting subclause (1);
(b) by omitting subclauses (4), (5), (5A) and
(6).
*No. 28 of 1994
54
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 29 - Public Sector Superannuation Reform Act 2016 Amended s. 87
PART 29 - PUBLIC SECTOR SUPERANNUATION
REFORM ACT 2016 AMENDED
87. Principal Act
In this Part, the Public Sector Superannuation
Reform Act 2016* is referred to as the Principal
Act.
88. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of SIS Act:
State-owned company means a
company incorporated under the
Corporations Act which is
controlled by -
(a) the Crown; or
(b) a statutory authority; or
(c) another company which is
itself controlled by the
Crown or a statutory
authority;
(b) by inserting "but does not include a
State-owned company" after "such
*No. 11 of 2016
55
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 89 Part 29 - Public Sector Superannuation Reform Act 2016 Amended
statutory authority" in the definition of
statutory authority.
89. Section 30 amended (Closure under Public Sector
Superannuation Reform Act 1999 of contributory
scheme remains in effect)
Section 30 of the Principal Act is amended by
inserting after subsection (1) the following
subsections:
(1A) If -
(a) a person, on or after
15 May 1999, begins to hold an
office (other than an excluded
office) under a provision of an
Act; and
(b) a provision of that Act, after the
day on which this section
commences, specifies that the
holder of the office is an
employee for the purposes of this
Act; and
(c) immediately before beginning to
hold the office, the person was a
member of the contributory
scheme -
the person did not, and does not, by
reason only of beginning to hold that
office, cease to be an employee to whom
the contributory scheme applies.
56
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 29 - Public Sector Superannuation Reform Act 2016 Amended s. 89
(1B) If -
(a) a person, on or after the day on
which this section commences
(the commencement day), begins
to hold an excluded office under a
provision of an Act; and
(b) a provision of that Act, after the
commencement day, specifies
that the holder of the office is an
employee for the purposes of this
Act; and
(c) immediately before beginning to
hold the office, the person was a
member of the contributory
scheme -
the person ceases, by reason of beginning
to hold that office, to be an employee to
whom the contributory scheme applies.
(1C) Nothing in subsection (1), (1A) or (1B) is
to be taken to affect a right, privilege,
obligation or liability acquired, accrued
or incurred in relation to an excluded
office by a person if the person began,
before the day on which this section
commences, to hold that office.
(1D) For the purposes of this section, a person
begins to hold an office that is an
excluded office if -
57
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 90 Part 29 - Public Sector Superannuation Reform Act 2016 Amended
(a) the person begins to hold the
office of Governor under the
Governor of Tasmania Act 1982;
or
(b) the person begins to hold the
office of judge, or Associate
Judge, under the Supreme Court
Act 1887 or the Supreme Court
Act 1959; or
(c) the person begins to hold the
office of a member of Parliament
and neither the Parliamentary
Superannuation Act 1973 nor the
Parliamentary Retiring Benefits
Act 1985 applies to the person.
90. Section 58 amended (Regulations may contain
transitional matters)
Section 58 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) Without limiting the generality of
section 57(1), the regulations may amend
a provision of an Act (the amended
Act) -
(a) consequent to the repeal by this
Act of another Act, or
regulations, that is or are referred
to in the amended Act; or
58
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 29 - Public Sector Superannuation Reform Act 2016 Amended s. 90
(b) if it is necessary or convenient to
do so to ensure the application of
this Act in relation to the
amended Act.
59
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 91 Part 30 - Racing (Tasracing Pty Ltd) Act 2009 Amended
PART 30 - RACING (TASRACING PTY LTD) ACT 2009
AMENDED
91. Principal Act
In this Part, the Racing (Tasracing Pty Ltd) Act
2009* is referred to as the Principal Act.
92. Section 23 repealed
Section 23 of the Principal Act is repealed.
93. Section 24 amended (Superannuation)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting subsections (1) and (2);
(b) by omitting subsection (4) and
substituting the following subsection:
(4) The Company must comply with
any instruction in relation to
superannuation given to it by the
Minister administering the Public
Sector Superannuation Reform
Act 2016.
*No. 30 of 2009
60
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 31 - Rail Company Act 2009 Amended s. 94
PART 31 - RAIL COMPANY ACT 2009 AMENDED
94. Principal Act
In this Part, the Rail Company Act 2009* is
referred to as the Principal Act.
95. Section 17 amended (Superannuation contributions)
Section 17 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "but may
make contributions to one or more
superannuation schemes that comply
with the law of the Commonwealth
relating to superannuation";
(b) by omitting from subsection (2) "section
6(7) of the Public Sector Superannuation
Reform Act 1999" and substituting
"section 21(3) of the Public Sector
Superannuation Reform Act 2016".
96. Section 31 substituted
Section 31 of the Principal Act is repealed and
the following section is substituted:
31. Superannuation for certain employees
The Company, and any subsidiary of the
Company, must comply with any
*No. 46 of 2009
61
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 97 Part 31 - Rail Company Act 2009 Amended
instruction in relation to superannuation
given to it by the Minister administering
the Public Sector Superannuation
Reform Act 2016.
97. Section 35 amended (Superannuation for certain
employees)
Section 35 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "by the
Retirement Benefits Act 1993" and
substituting "in accordance with the
Public Sector Superannuation Reform
Act 2016";
(b) by omitting "the Retirement Benefits Act
1993 is to make a declaration under
regulation 3(3) of the Retirement Benefits
Regulations 2005" and substituting "the
Public Sector Superannuation Reform
Act 2016 is to make a declaration, under
regulations under that Act,".
62
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 32 - Solicitor-General Act 1983 Amended s. 98
PART 32 - SOLICITOR-GENERAL ACT 1983
AMENDED
98. Principal Act
In this Part, the Solicitor-General Act 1983* is
referred to as the Principal Act.
99. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme and substituting
the following definition:
accumulation scheme, in relation to a
Solicitor-General, means the
default fund, within the meaning
of the Public Sector
Superannuation Reform Act 2016,
in relation to which the Solicitor-
General is a relevant employee
within the meaning of section 21
of that Act;
(b) by omitting the definition of RBF Board.
*No. 13 of 1983
63
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 100 Part 32 - Solicitor-General Act 1983 Amended
100. 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 from subsection (1)(a) "by
the regulations under the Retirement
Benefits Act 1993" and substituting "or
continued by regulations under the
Public Sector Superannuation Reform
Act 2016";
(b) by omitting subsections (3), (4), (5), (6),
(6A) and (7) and substituting the
following subsection:
(3) A person to whom this section
applies is an employee for the
purposes of the Public Sector
Superannuation Reform Act 2016.
101. Sections 9B and 9C repealed
Sections 9B and 9C of the Principal Act are
repealed.
102. Section 12 amended (Accruing and accrued rights
of public servant, &c., who is appointed as Solicitor-
General)
Section 12(3) of the Principal Act is amended as
follows:
64
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 32 - Solicitor-General Act 1983 Amended s. 102
(a) by omitting "established by the
regulations under the Retirement Benefits
Act 1993" and substituting "within the
meaning of the Public Sector
Superannuation Reform Act 2016";
(b) by omitting "be subject to section 9A of
this Act" and substituting "become a
member of a default fund, within the
meaning of that Act, or an RSA or other
complying superannuation scheme".
65
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 103 Part 33 - State Service Act 2000 Amended
PART 33 - STATE SERVICE ACT 2000 AMENDED
103. Principal Act
In this Part, the State Service Act 2000* is
referred to as the Principal Act.
104. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme;
(b) by omitting the definition of contributory
scheme;
(c) by omitting the definition of RSA.
105. Section 31 amended (Appointment, &c., of officers)
Section 31 of the Principal Act is amended by
omitting subsections (7), (8), (8A), (8B) and (9).
106. Section 46 amended (Arrangements relating to
secondment of persons)
Section 46(4) of the Principal Act is amended as
follows:
(a) by omitting paragraph (a);
*No. 85 of 2000
66
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 33 - State Service Act 2000 Amended s. 106
(b) by omitting from paragraph (b) "an RSA
or a complying superannuation scheme,
other than the contributory scheme" and
substituting "a superannuation scheme,
other than the contributory scheme
within the meaning of the Public Sector
Superannuation Reform Act 2016".
67
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 107 Part 34 - Supreme Court Act 1887 Amended
PART 34 - SUPREME COURT ACT 1887 AMENDED
107. Principal Act
In this Part, the Supreme Court Act 1887* is
referred to as the Principal Act.
108. Section 1 amended (Interpretation)
Section 1 of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme;
(b) by omitting the definitions of complying
superannuation scheme, RBF Board and
RSA;
(c) by omitting the definition of transfer
day.
109. Section 7 amended (Remuneration of judges)
Section 7(3B)(b) of the Principal Act is amended
by omitting "Retirement Benefits Act 1993" and
substituting "Public Sector Superannuation
Reform Act 2016".
*No. 36 of 1887
68
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 34 - Supreme Court Act 1887 Amended s. 110
110. Section 8 amended (Superannuation entitlements of
judge appointed after 1 July 1999)
Section 8 of the Principal Act is amended by
omitting subsections (2), (3), (4), (5), (6), (6A)
and (8) and substituting the following
subsection:
(2) Where a person is appointed as a judge
after 1 July 1999, the person is an
employee for the purposes of the Public
Sector Superannuation Reform Act 2016.
111. Sections 8A and 8B repealed
Sections 8A and 8B of the Principal Act are
repealed.
112. Section 8C amended (Appropriation)
Section 8C of the Principal Act is amended by
omitting "under section 7 or 8" and substituting
"by virtue of a judge being an employee for the
purposes of the Public Sector Superannuation
Reform Act 2016".
69
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 113 Part 35 - Supreme Court Act 1959 Amended
PART 35 - SUPREME COURT ACT 1959 AMENDED
113. Principal Act
In this Part, the Supreme Court Act 1959* is
referred to as the Principal Act.
114. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme;
(b) by omitting the definition of complying
superannuation scheme;
(c) by omitting the definition of RBF Board;
(d) by omitting the definition of RSA;
(e) by omitting the definition of transfer
day.
115. Section 4AA amended (Superannuation
entitlements of Associate Judge appointed after 1
July 1999)
Section 4AA of the Principal Act is amended by
omitting subsections (2), (3), (4), (5), (6), (6A)
and (7) and substituting the following
subsection:
*No. 41 of 1959
70
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 35 - Supreme Court Act 1959 Amended s. 116
(2) A person who is appointed as Associate
Judge after 1 July 1999 is an employee
for the purposes of the Public Sector
Superannuation Reform Act 2016.
116. Sections 4AB and 4AC repealed
Sections 4AB and 4AC of the Principal Act are
repealed.
117. Section 5HA repealed
Section 5HA of the Principal Act is repealed.
71
Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
s. 118 Part 36 - TT-Line Arrangements Act 1993 Amended
PART 36 - TT-LINE ARRANGEMENTS ACT 1993
AMENDED
118. Principal Act
In this Part, the TT-Line Arrangements Act
1993* is referred to as the Principal Act.
119. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of contributor;
(b) by omitting the definition of RBF Board;
(c) by inserting "as in force immediately
before the commencement of section 63
of the Public Sector Superannuation
Reform Act 2016" after "Retirement
Benefits Act 1993" in the definition of
SAF Agreement.
120. Section 24A amended (Superannuation
arrangements generally)
Section 24A of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
*No. 39 of 1993
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Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 36 - TT-Line Arrangements Act 1993 Amended s. 121
(b) by omitting subsection (2) and
substituting the following subsection:
(2) A contribution made to a
superannuation scheme in
respect of an employee appointed
on or after the commencement
day specified in the Public Sector
Superannuation Reform Act 1999
is not to be in excess of the rate
specified in section 21(3) of the
Public Sector Superannuation
Reform Act 2016.
(c) by omitting from subsection (3) "the
Retirement Benefits Act 1993, the Public
Sector Superannuation Reform Act 1999"
and substituting "the Public Sector
Superannuation Reform Act 2016";
(d) by omitting from subsection (5)
"Retirement Benefits Act 1993 or the
Public Sector Superannuation Reform
Act 1999" and substituting "Public
Sector Superannuation Reform Act
2016";
(e) by omitting from subsection (6) "Public
Sector Superannuation Reform Act 1999"
and substituting "Public Sector
Superannuation Reform Act 2016".
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Act No. of
s. 121 Part 36 - TT-Line Arrangements Act 1993 Amended
121. Section 25 amended (Superannuation)
Section 25 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) An agreement under this section is to be
taken to apply in relation to employees
within the meaning of the Public Sector
Superannuation Reform Act 2016.
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Public Sector Superannuation Reform (Consequential and
Transitional Provisions) Act 2016
Act No. of
Part 37 - Tourism Tasmania Act 1996 Amended s. 122
PART 37 - TOURISM TASMANIA ACT 1996
AMENDED
122. Principal Act
In this Part, the Tourism Tasmania Act 1996* is
referred to as the Principal Act.
123. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of
accumulation scheme;
(b) by omitting the definition of complying
superannuation scheme;
(c) by omitting the definition of contributory
scheme;
(d) by omitting the definition of RSA.
124. Section 17 amended (Chief executive officer)
Section 17 of the Principal Act is amended by
omitting subsections (4A), (4B), (4BA), (4C)
and (4D).
*No. 57 of 1996
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Transitional Provisions) Act 2016
Act No. of
s. 125 Part 37 - Tourism Tasmania Act 1996 Amended
125. Schedule 1 amended (Directors)
Clause 3 of Schedule 1 to the Principal Act is
amended by omitting subclauses (3), (3A),
(3AA) and (3B).
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Transitional Provisions) Act 2016
Act No. of
Part 38 - Water and Sewerage Corporation Act 2012 Amended s. 126
PART 38 - WATER AND SEWERAGE CORPORATION
ACT 2012 AMENDED
126. Principal Act
In this Part, the Water and Sewerage
Corporation Act 2012* is referred to as the
Principal Act.
127. Section 37 amended (Superannuation)
Section 37 of the Principal Act is amended as
follows:
(a) by omitting subsections (1), (2), (3) and
(4) and substituting the following
subsections:
(1) Employees transferred under a
transfer order are employees for
the purposes of the Public Sector
Superannuation Reform Act 2016.
(2) The Corporation must comply
with any instruction in relation to
superannuation given to it by the
Minister administering the Public
Sector Superannuation Reform
Act 2016.
(b) by omitting from subsection (5)
"Retirement Benefits Act 1993" and
*No. 51 of 2012
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Transitional Provisions) Act 2016
Act No. of
s. 127 Part 38 - Water and Sewerage Corporation Act 2012 Amended
substituting "Public Sector
Superannuation Reform Act 2016".
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Transitional Provisions) Act 2016
Act No. of
Part 39 - Workers Rehabilitation and Compensation Act 1988 Amended s. 128
PART 39 - WORKERS REHABILITATION AND
COMPENSATION ACT 1988 AMENDED
128. Principal Act
In this Part, the Workers Rehabilitation and
Compensation Act 1988* is referred to as the
Principal Act.
129. Schedule 3 amended (Provisions with respect to the
term of office and conditions of service of Chief
Workers Rehabilitation and Compensation
Commissioner)
Clause 6 of Schedule 3 to the Principal Act is
amended by omitting "Retirement Benefits Act
1993" and substituting "Public Sector
Superannuation Reform Act 2016".
*No. 4 of 1988
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Act No. of
s. 130 Part 40 - Concluding Provision
PART 40 - CONCLUDING PROVISION
130. 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.
80 Government Printer, Tasmania