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This is a Bill, not an Act. For current law, see the Acts databases.


SUPERANNUATION LEGISLATION AMENDMENT AND VALIDATION BILL 2006

                     Western Australia


Superannuation Legislation Amendment and
          Validation Bill 2006

                        CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                             2
 2.    Commencement                                            2
       Part 2 -- Parliamentary
            Superannuation
            Act 1970 amended
 3.    The Act amended in this Part                            3
 4.    Section 28 amended                                      3
       Part 3 -- State Superannuation
            Act 2000 amended
 5.    The Act amended in this Part                            5
 6.    Section 3 amended                                       5
 7.    Section 6 amended                                       5
 8.    Section 7 amended                                       6
 9.    Sections 7A and 7B inserted                             6
       7A.      Formation or acquisition of subsidiary   6
       7B.      Control of subsidiary                    7
 10.   Section 15 amended                                      8
 11.   Section 28 amended                                      8
 12.   Section 33 amended                                      9
 13.   Section 36 amended                                      9
 14.   Section 38 amended                                      9
 15.   Section 40 inserted                                    11
       40.      Inconsistent written laws                11
 16.   Schedule 3 inserted                                    11



                          133--1                               page i
Superannuation Legislation Amendment and Validation Bill 2006



Contents



              Schedule 3 -- Provisions to be included in
                   constitution of subsidiary
              1.       Definition                             11
              2.       Disposal of shares                     11
              3.       Directors                              11
              4.       Further shares                         12
              5.       Alteration of constitution             12
              6.       Subsidiaries of subsidiary             12

              Part 4 -- Validation provisions
      17.     Validation of certain payments                       13
      18.     Validation of contributions made for visiting
              medical practitioners                                14
      19.     Validation of statutory membership of workers
              who ceased to be excluded                            15
      20.     Validation of certain things done under the
              Superannuation and Family Benefits Act 1938          15




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



  Superannuation Legislation Amendment and
            Validation Bill 2006


                               A Bill for


An Act to --
x amend the Parliamentary Superannuation Act 1970 and the State
   Superannuation Act 2000; and
x validate certain things done under the State Superannuation
   Act 2000, the Government Employees Superannuation Act 1987
   and the Superannuation and Family Benefits Act 1938.



The Parliament of Western Australia enacts as follows:




                                                          page 1
    Superannuation Legislation Amendment and Validation Bill 2006
    Part 1        Preliminary

    s. 1



                           Part 1 -- Preliminary
    1.       Short title
             This is the Superannuation Legislation Amendment and
             Validation Act 2006.

5   2.       Commencement
             This Act comes into operation on the day on which it receives the
             Royal Assent.




    page 2
                    Superannuation Legislation Amendment and Validation Bill 2006
                     Parliamentary Superannuation Act 1970 amended         Part 2

                                                                                    s. 3



                     Part 2 -- Parliamentary Superannuation
                               Act 1970 amended
     3.             The Act amended in this Part
                    The amendments in this Part are to the Parliamentary
 5                  Superannuation Act 1970*.
                    [* Reprint 3 as at 4 April 2003.]

     4.             Section 28 amended
          (1)       Section 28(3) is amended as follows:
                      (a) after paragraph (i) by inserting the following
10                         paragraph --
                           "
                               (ia)   things that may be done to satisfy the
                                      requirements of Division 2.2 of the Family Law
                                      (Superannuation) Regulations 2001 of the
15                                    Commonwealth;
                                                                                       ";
                     (b)       in paragraph (j) by deleting "(i)" and inserting
                               instead --
                               " (ia) ".
20        (2)       After section 28(4) the following subsections are inserted --
                "
                    (5)    Subsection (4) does not prevent the making of a
                           determination that reduces or provides for the reduction
                           of any benefits to which a member or former member
25                         is or will become entitled if --
                              (a) a superannuation agreement, flag lifting
                                   agreement or splitting order is in force in
                                   respect of the member or former member; and




                                                                                  page 3
    Superannuation Legislation Amendment and Validation Bill 2006
    Part 2        Parliamentary Superannuation Act 1970 amended

    s. 4



                    (b)   the reduction does not reduce those benefits to
                          less than the member's or former member's
                          entitlement under the agreement or order.
             (6)   In subsection (5), "flag lifting agreement", "splitting
5                  order" and "superannuation agreement" each have
                   the meaning given to them in section 90MD of the
                   Family Law Act 1975 of the Commonwealth.
                                                                             ".




    page 4
                    Superannuation Legislation Amendment and Validation Bill 2006
                            State Superannuation Act 2000 amended          Part 3

                                                                                    s. 5



          Part 3 -- State Superannuation Act 2000 amended
     5.             The Act amended in this Part
                    The amendments in this Part are to the State Superannuation
                    Act 2000*.
 5                  [* Act No. 42 of 2000.
                       For subsequent amendments see Western Australian
                       Legislation Information Tables for 2005, Table 1, p. 431.]

     6.             Section 3 amended
          (1)       Section 3(1) is amended by inserting after the definition of
10                  "scheme" --
                    "
                          "subsidiary" means a body determined under
                              subsection (3) to be a subsidiary of the Board;
                                                                                     ".
15        (2)       After section 3(2) the following subsection is inserted --
                "
                    (3)   Part 1.2 Division 6 of the Corporations Act 2001 of the
                          Commonwealth applies for the purpose of determining
                          whether a body is a subsidiary of the Board.
20                                                                                   ".

     7.             Section 6 amended
                    Section 6(1) is amended as follows:
                      (a) after each of paragraphs (a), (b), (c) and (d) by
                           inserting --
25                         " and ";




                                                                                page 5
     Superannuation Legislation Amendment and Validation Bill 2006
     Part 3        State Superannuation Act 2000 amended

     s. 8



                  (b)        by deleting paragraph (e), and "and" after it, and
                             inserting instead --
                        "
                             (e)   provide, or facilitate the provision of, products
 5                                 and services to --
                                     (i) members of superannuation schemes
                                          administered by the Board under this
                                          Act or any other written law; and
                                    (ii) Employers;
10                                 and
                                                                                       ".

     8.       Section 7 amended
              Section 7(2) is amended as follows:
                (a) after each of paragraphs (a), (b), (d) and (e) by
15                   inserting --
                     " and ";
               (b) after paragraph (c) by inserting --
                        "
                                   and
20                          (ca)   subject to section 7A, form or acquire a
                                   subsidiary for the purpose of performing the
                                   function referred to in section 6(1)(e); and
                                                                                       ".

     9.       Sections 7A and 7B inserted
25            After section 7 the following sections are inserted --
     "
            7A.             Formation or acquisition of subsidiary
              (1)       The Board must obtain the approval of the Minister
                        before it forms or acquires a subsidiary.



     page 6
           Superannuation Legislation Amendment and Validation Bill 2006
                   State Superannuation Act 2000 amended          Part 3

                                                                          s. 9



       (2)     The Minister must not give approval under
               subsection (1) except with the Treasurer's concurrence.
       (3)     When seeking approval under subsection (1) the Board
               must give to the Minister a copy of the subsidiary's
 5             constitution or proposed constitution, as the case
               requires.

     7B.       Control of subsidiary
       (1)     In this section --
               "Corporations Act" means the Corporations Act 2001
10                  of the Commonwealth.
       (2)     The Board must ensure that the constitution of every
               subsidiary of the Board that under a written law or the
               Corporations Act is required to have a constitution --
                 (a) contains provisions to the effect of those
15                     required by Schedule 3; and
                 (b)   is consistent with this Act; and
                 (c)   is not amended in a way that makes it
                       inconsistent with this Act.
       (3)     A director or a member of the staff of the Board may
20             with the approval of the Board become a director of a
               company that is or is to be a subsidiary of the Board.
       (4)     The provisions of this Act prevail to the extent of any
               inconsistency with the constitution of any subsidiary of
               the Board.
25     (5)     Neither --
                (a) subsection (2); nor
                (b) provisions referred to in subsection (2)(a)
                      included in the constitution of a subsidiary,
               make the Board or the Minister a director of a
30             subsidiary for the purposes of the Corporations Act.


                                                                      page 7
     Superannuation Legislation Amendment and Validation Bill 2006
     Part 3        State Superannuation Act 2000 amended

     s. 10



                     (6)   Subsections (2) to (5) and Schedule 3 are declared to
                           be Corporations legislation displacement provisions for
                           the purposes of section 5G of the Corporations Act in
                           relation to the Corporations legislation as defined in
 5                         section 9 of the Corporations Act.
                                                                                       ".

     10.             Section 15 amended
           (1)       Section 15(1)(b) is amended by deleting "in respect of
                     Members".
10         (2)       Section 15(2) is amended as follows:
                       (a) after paragraph (a) by inserting --
                            " and ";
                      (b) before paragraph (c) by inserting --
                           "
15                             (ba)   expenditure relating to the establishment of a
                                      subsidiary under section 7(2)(ca); and
                                                                                       ".

     11.             Section 28 amended
           (1)       Section 28(2) is repealed and the following subsection is
20                   inserted instead --
                 "
                     (2)   A scheme, other than a scheme continued by
                           section 29(b), (c) or (d), may provide for the spouses or
                           former spouses of --
25                           (a) persons who are working, or have worked, for
                                   Employers; or
                             (b) persons who are, or will become, entitled to
                                   benefits under the Parliamentary
                                   Superannuation Act 1970,
30                         to participate in the scheme.
                                                                                       ".

     page 8
                 Superannuation Legislation Amendment and Validation Bill 2006
                         State Superannuation Act 2000 amended          Part 3

                                                                             s. 12



           (2)   Section 28(3) is amended by inserting before the definition of
                 "spouse" --
                 "
                      "benefits" has the meaning given to that term in
 5                        section 28(1) of the Parliamentary
                          Superannuation Act 1970;
                                                                                  ".

     12.         Section 33 amended
                 Section 33(2) is amended as follows:
10                 (a) after each of paragraphs (a) to (h) by inserting --
                        " and ";
                  (b) in paragraph (b) by deleting "other" and inserting
                        instead --
                        "
15                            , or the facilitation by the Board of the
                              provision of,
                                                                                  ".

     13.         Section 36 amended
           (1)   Section 36(1)(a) is amended by inserting after "Board" --
20               " or a subsidiary   ".
           (2)   Section 36(3) is amended by inserting after "Board" --
                 " or a subsidiary   ".

     14.         Section 38 amended
           (1)   Section 38(2) is amended as follows:
25                 (a) after each of paragraphs (a) to (j) by inserting --
                        " and ";




                                                                            page 9
     Superannuation Legislation Amendment and Validation Bill 2006
     Part 3        State Superannuation Act 2000 amended

     s. 14



                    (b)        in paragraph (c) by deleting "to be made to" and
                               inserting instead --
                               " and transfers of money to ";
                     (c)       in paragraph (j) by deleting "other" and inserting
 5                             instead --
                               " , or facilitation by the Board of the provision of,   ".
        (2)        After section 38(4) the following subsections are inserted --
              "
                  (4a)     Subsections (3) and (4) do not apply in respect of
10                         regulations that reduce or provide for the reduction of a
                           Member's benefit if --
                             (a) a superannuation agreement, flag lifting
                                   agreement or splitting order is in force in
                                   respect of the Member; and
15                           (b) the reduction does not reduce the Member's
                                   benefit to less than the Member's entitlement
                                   under the agreement or order.
                  (4b)     In subsection (4a), "flag lifting agreement",
                           "splitting order" and "superannuation agreement"
20                         each have the meaning given to them in section 90MD
                           of the Family Law Act 1975 of the Commonwealth.
                                                                                        ".
        (3)        Section 38(5)(b) is deleted and the following paragraph is
                   inserted instead --
25                         "
                               (b)   relate to a matter referred to in
                                     subsection (2)(j),
                                                                                        ".




     page 10
                 Superannuation Legislation Amendment and Validation Bill 2006
                         State Superannuation Act 2000 amended          Part 3

                                                                                     s. 15



     15.         Section 40 inserted
                 After section 39 the following section is inserted --
     "
           40.           Inconsistent written laws
 5                       The provisions of this Act and the regulations made or
                         applying under it that deal with the payment of benefits
                         under a scheme prevail over section 10 of the
                         Administration Act 1903 to the extent of any
                         inconsistency.
10                                                                                      ".

     16.         Schedule 3 inserted
                 After Schedule 2 the following Schedule is inserted --
     "
                       Schedule 3 -- Provisions to be included in
15                            constitution of subsidiary
                                                                                   [s. 7B]

           1.            Definition
                         In this Schedule --
                         "prior approval" means the prior written approval of the
20                             Minister given with the Treasurer's concurrence.

           2.            Disposal of shares
                 (1)     The Board must not sell or otherwise dispose of shares in
                         the subsidiary without prior approval.
                 (2)     The Minister is empowered to execute a transfer of any
25                       shares in the subsidiary held by the Board.

           3.            Directors
                 (1)     The directors of the subsidiary are to be appointed by the
                         Board, but no such director may be appointed without prior
                         approval.


                                                                                  page 11
     Superannuation Legislation Amendment and Validation Bill 2006
     Part 3        State Superannuation Act 2000 amended

     s. 16



                  (2)   All decisions relating to the operation of the subsidiary are
                        to be made by or under the authority of the board of the
                        subsidiary in accordance with the statement of corporate
                        intent of the Board and the subsidiary.
 5                (3)   The board of the subsidiary is accountable to the Minister in
                        the manner set out in section 36 and in the constitution of
                        the subsidiary.

             4.         Further shares
                        Shares in the subsidiary must not be issued or transferred
10                      without prior approval.

             5.         Alteration of constitution
                        The constitution of the subsidiary must not be modified or
                        replaced without prior approval.

             6.         Subsidiaries of subsidiary
15                (1)   The subsidiary must not form or acquire any subsidiary
                        without prior approval.
                  (2)   The subsidiary must ensure that the constitution of each of
                        its subsidiaries at all times complies with this Act.
                  (3)   The subsidiary must, to the maximum extent practicable,
20                      ensure that each of its subsidiaries complies with its
                        constitution and with the requirements of this Act.
                                                                                        ".




     page 12
                 Superannuation Legislation Amendment and Validation Bill 2006
                                             Validation provisions      Part 4

                                                                               s. 17



                         Part 4 -- Validation provisions
     17.         Validation of certain payments
           (1)   In this section --
                 "Superannuation Act" means the State Superannuation
 5                    Act 2000, the Government Employees Superannuation
                      Act 1987 or the Superannuation and Family Benefits
                      Act 1938.
           (2)   A payment or purported payment of a benefit under the State
                 Superannuation Act 2000, the Government Employees
10               Superannuation Act 1987 or the Superannuation and Family
                 Benefits Act 1938 that was --
                   (a) made before this section came into operation; and
                  (b) invalid or ineffective because of the Administration
                         Act 1903 section 10,
15               is, and is to be taken always to have been, as valid and effective
                 as it would have been if the State Superannuation Act 2000
                 section 40, as inserted by section 15 of this Act, had been in
                 operation in respect of each Superannuation Act at the time of
                 the payment.
20         (3)   If --
                   (a)   a benefit under the State Superannuation Act 2000, the
                         Government Employees Superannuation Act 1987 or the
                         Superannuation and Family Benefits Act 1938 was paid
                         to an executor or administrator of the estate of a
25                       deceased person before this section came into operation;
                         and
                  (b)    the executor or administrator paid, or purportedly paid,
                         some or all of the benefit to another person before this
                         section came into operation; and




                                                                            page 13
     Superannuation Legislation Amendment and Validation Bill 2006
     Part 4        Validation provisions

     s. 18



                   (c)   the payment was invalid or ineffective because of the
                         Administration Act 1903 section 10,
                 the executor or administrator is, and is to be taken always to
                 have been, as liable for the payment referred to in paragraph (b)
 5               as the executor or administrator would have been if the State
                 Superannuation Act 2000 section 40, as inserted by section 15
                 of this Act, had been in operation in respect of each
                 Superannuation Act at the time of the payment referred to in
                 paragraph (a).

10   18.         Validation of contributions made for visiting medical
                 practitioners
           (1)   In this section --
                 "Board" means the Government Employees Superannuation
                      Board referred to in the State Superannuation Act 2000
15                    section 5;
                 "visiting medical practitioner" means a medical practitioner
                      engaged, other than as an employee, to provide services in
                      a hospital.
           (2)   This section applies in relation to superannuation contributions
20               made, or purportedly made, under the Government Employees
                 Superannuation Act 1987 or the State Superannuation Act 2000
                 in respect of a visiting medical practitioner between 1 July 1992
                 and 30 June 2001.
           (3)   A thing done, or purportedly done, by the Board in consequence
25               of a superannuation contribution having been made, or
                 purportedly made, in respect of a visiting medical practitioner
                 is, and is to be taken always to have been, as valid and effective
                 as if the contribution had been made in respect of a person who
                 was a member of the relevant scheme.




     page 14
                 Superannuation Legislation Amendment and Validation Bill 2006
                                             Validation provisions      Part 4

                                                                             s. 19



     19.         Validation of statutory membership of workers who ceased
                 to be excluded
           (1)   A person who --
                  (a) when the State Superannuation Regulations 2001 came
 5                      into operation --
                           (i) was a worker; and
                          (ii) was excluded from becoming a statutory
                               Member (as defined in those regulations) by the
                               State Superannuation Regulations 2001
10                             regulation 51(2), (3) or (4);
                        and
                  (b) before the State Superannuation Amendment
                        Regulations 2006 came into operation, ceased to be so
                        excluded,
15               is taken to have become a statutory Member when he or she
                 ceased to be so excluded.
           (2)   Anything done or purported to have been done under the State
                 Superannuation Regulations 2001 before this Act came into
                 operation in relation to a person to whom subsection (1) applies,
20               is as valid as it would have been if the State Superannuation
                 Amendment Regulations 2006 had come into operation
                 immediately after the State Superannuation Regulations 2001
                 came into operation.

     20.         Validation of certain things done under the Superannuation
25               and Family Benefits Act 1938
                 A thing done or purportedly done --
                  (a) under the Superannuation and Family Benefits Act 1938
                        (whether as continued in force by the State
                        Superannuation (Transitional and Consequential
30                      Provisions) Act 2000 section 26 or not); and




                                                                          page 15
     Superannuation Legislation Amendment and Validation Bill 2006
     Part 4        Validation provisions

     s. 20



                (b)   before the State Superannuation Amendment
                      Regulations (No. 4) 2003 came into operation,
               is, and is to be taken always to have been, as valid and effective
               as it would have been if the definition of "department" in the
 5             Superannuation and Family Benefits Act 1938 section 6(1) had
               been amended on 1 January 1997 by inserting after "port
               authority" --
                      "
                          , every college (within the meaning of the
10                        Vocational Education and Training Act 1996)
                                                                                ".




 


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