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