Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


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


UNCLAIMED MONEY (SUPERANNUATION AND RSA PROVIDERS) AMENDMENT AND EXPIRY BILL 2012

                     Western Australia


Unclaimed Money (Superannuation and RSA
Providers) Amendment and Expiry Bill 2012

                        CONTENTS


       Part 1 -- Preliminary
 1.    Short title                             2
 2.    Commencement                            2
       Part 2 -- Unclaimed Money
            (Superannuation and RSA
            Providers) Act 2003 amended
 3.    Act amended                             3
 4.    Section 4 amended                       3
 5.    Sections 27 and 28 inserted             3
       27.      Winding-up                3
       28.      Act to expire             4

       Part 3 -- State Superannuation
            Act 2000 amended
 6.    Act amended                             5
 7.    Section 38 amended                      5




                           268--1              page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



  Unclaimed Money (Superannuation and RSA
  Providers) Amendment and Expiry Bill 2012


                               A Bill for


An Act to amend the Unclaimed Money (Superannuation and RSA
Providers) Act 2003 and the State Superannuation Act 2000 and for
related purposes.



The Parliament of Western Australia enacts as follows:




                                                              page 1
     Unclaimed Money (Superannuation and RSA Providers) Amendment
     and Expiry Bill 2012
     Part 1           Preliminary

     s. 1


1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Unclaimed Money (Superannuation and RSA
4             Providers) Amendment and Expiry Act 2012.

5    2.       Commencement
6             This Act comes into operation as follows --
7              (a) sections 1 and 2 -- on the day on which this Act
8                    receives the Royal Assent;
9              (b) the rest of the Act -- on a day fixed by proclamation,
10                   and different days may be fixed for different provisions.




     page 2
                Unclaimed Money (Superannuation and RSA Providers) Amendment
                                                              and Expiry Bill 2012
                Unclaimed Money (Superannuation and RSA Providers)          Part 2
                                                 Act 2003 amended

                                                                              s. 3


1     Part 2 -- Unclaimed Money (Superannuation and RSA
2                Providers) Act 2003 amended
3    3.           Act amended
4                 This Part amends the Unclaimed Money (Superannuation and
5                 RSA Providers) Act 2003.

6    4.           Section 4 amended
7         (1)     In section 4 delete the definition of unclaimed money.
8         (2)     In section 4 insert in alphabetical order:
9

10                      Commissioner has the meaning given by the
11                      Commonwealth Act section 8;
12                      unclaimed money has the meaning given by the
13                      Commonwealth Act sections 12 and 14;
14                      unclaimed money day has the meaning given by the
15                      Commonwealth Act section 15A;
16                      winding-up commencement means the coming into
17                      operation of the Unclaimed Money (Superannuation
18                      and RSA Providers) Amendment and Expiry Act 2012
19                      section 5.
20


21   5.           Sections 27 and 28 inserted
22                At the end of Part 5 insert:
23


24          27.         Winding-up
25                (1)   After the winding-up commencement, the Treasurer is
26                      not to make any payment under section 13(1) or (2).
27                (2)   For the first unclaimed money day after the winding-up
28                      commencement the Treasurer is to give the


                                                                           page 3
     Unclaimed Money (Superannuation and RSA Providers) Amendment
     and Expiry Bill 2012
     Part 2           Unclaimed Money (Superannuation and RSA Providers)
                      Act 2003 amended

     s. 5

1                       Commissioner a statement of unclaimed money in
2                       accordance with the Commonwealth Act section 16, as
3                       applied by the Commonwealth Act sections 18AA
4                       and 49A.
5                 (3)   In relation to the first unclaimed money day after the
6                       winding-up commencement the Treasurer is to make a
7                       payment to the Commissioner in accordance with the
8                       Commonwealth Act section 17, as applied by the
9                       Commonwealth Act sections 18AA and 49A.
10                (4)   Upon or as soon as practicable after making the
11                      payment required by subsection (3), the Treasurer is to
12                      deliver to the Commissioner the register kept under
13                      Part 3 Division 1 and all ancillary records, documents
14                      and information in the Treasurer's possession or under
15                      the Treasurer's control.
16                (5)   Payments under this section are charged to the
17                      Consolidated Account which is appropriated
18                      accordingly.

19          28.         Act to expire
20                (1)   When the Treasurer --
21                       (a) has fulfilled the requirements of section 27; and
22                       (b) is satisfied that there is no reason for this Act to
23                            continue,
24                      the Treasurer is to publish a notice in the Gazette
25                      stating that the affairs for which this Act provides have
26                      been concluded, that the Treasurer is satisfied that there
27                      is no reason for the Act to continue and that, under
28                      subsection (2), this Act expires at the end of the day on
29                      which the notice is published.
30                (2)   This Act expires as stated in a notice published under
31                      subsection (1).
32


     page 4
                Unclaimed Money (Superannuation and RSA Providers) Amendment
                                                             and Expiry Bill 2012
                           State Superannuation Act 2000 amended           Part 3

                                                                                   s. 6


1         Part 3 -- State Superannuation Act 2000 amended
2    6.           Act amended
3                 This Part amends the State Superannuation Act 2000.

4    7.           Section 38 amended
5         (1)     In section 38(4):
6                   (a) in paragraph (c)(ii) delete "order." and insert:
7

8                          order; or
9

10                  (b)    after paragraph (c) insert:
11

12                         (d)   the regulations would reduce or provide for the
13                               reduction of a Member's benefit in
14                               consequence of the payment to the
15                               Commissioner of an amount of unclaimed
16                               money that would otherwise have been payable
17                               to the Member.
18

19        (2)     Delete section 38(5D).
20        (3)     Delete section 38(5F).
21        (4)     After section 38(5) insert:
22

23              (6A)      Regulations may provide for the Board, in relation to
24                        any scheme that is prescribed for the purposes of the
25                        Superannuation (Unclaimed Money and Lost
26                        Members) Act 1999 (Commonwealth) section 18AA --
27                          (a) to give any statement; and
28                          (b) to make any payment; and




                                                                             page 5
     Unclaimed Money (Superannuation and RSA Providers) Amendment
     and Expiry Bill 2012
     Part 3           State Superannuation Act 2000 amended

     s. 7


1                     (c)   to do any other thing,
2                   contemplated by that Act.
3

4       (5)   After section 38(8) insert:
5

6             (9)   In this section --
7                     (a) each of the following terms has the meaning
8                            given in the Family Law Act 1975
9                            (Commonwealth) section 90MD --
10                           flag lifting agreement
11                           payment split
12                           splitting order
13                           superannuation agreement
14                           superannuation interest
15                    (b)   each of the following terms has the meaning
16                          given in the Superannuation (Unclaimed
17                          Money and Lost Members) Act 1999
18                          (Commonwealth) section 8 --
19                           Commissioner
20                           unclaimed money
21




 


[Index] [Search] [Download] [Related Items] [Help]