Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Defence Force
Superannuation Bill 2015
No. , 2015
(Defence)
A Bill for an Act relating to the Australian Defence
Force Superannuation Scheme, and for related
purposes
No. , 2015
Australian Defence Force Superannuation Bill 2015
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline .............................................................................. 2
4
Definitions ......................................................................................... 3
5
Application of Act ............................................................................. 5
Part 2--The Trust Deed
6
6
Simplified outline of this Part ............................................................ 6
7
Trust Deed to establish the Australian Defence Force
Superannuation Scheme ..................................................................... 6
8
Amendment of the Trust Deed ........................................................... 7
9
Family law interest splitting .............................................................. 7
Part 3--Members of the Australian Defence Force
Superannuation Scheme (ADF Super)
9
10
Simplified outline of this Part ............................................................ 9
11
Eligibility for membership of ADF Super ....................................... 10
12
Becoming an ADF Super member ................................................... 10
13
Continuous full-time Reservists whose undertakings span
30 June 2016 .................................................................................... 11
14
Duration of membership of ADF Super ........................................... 12
15
ADF Super is the sole eligible choice fund in relation to
certain members ............................................................................... 12
16
Contributions to ADF Super by the Department.............................. 13
Part 4--Administration
14
Division 1--Simplified outline of this Part
14
17
Simplified outline of this Part .......................................................... 14
Division 2--Functions and powers of CSC
15
18
Functions and powers of CSC .......................................................... 15
Division 3--Costs of administration
16
19
Costs of administration of Act etc. .................................................. 16
20
Payment of fees ................................................................................ 16
Division 4--Other administrative matters
17
21
Amounts payable to CSC ................................................................. 17
22
Recovery of overpayments .............................................................. 17
23
CSC may rely on information supplied by the Department ............. 17
ii
Australian Defence Force Superannuation Bill 2015
No. , 2015
24
CSC may require the Department to distribute information
etc. to members of ADF Super ........................................................ 18
Part 5--Miscellaneous
19
25
Simplified outline of this Part .......................................................... 19
26
Persons subject to the Trust Deed .................................................... 19
27
Termination and variation of rights by later legislation ................... 19
28
Rules ................................................................................................ 19
29
Rules relating to the operation of the Superannuation
Industry (Supervision) Act 1993 and certain other laws .................. 20
No. , 2015
Australian Defence Force Superannuation Bill 2015
1
A Bill for an Act relating to the Australian Defence
1
Force Superannuation Scheme, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Australian Defence Force
8
Superannuation Act 2015.
9
Part 1 Preliminary
Section 2
2
Australian Defence Force Superannuation Bill 2015
No. , 2015
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline
13
This Act provides for a superannuation scheme, to be known as the
14
Australian Defence Force Superannuation Scheme (ADF Super).
15
Generally, a person is eligible to become an ADF Super member if
16
he or she is a member of the Permanent Forces or a continuous
17
full-time Reservist on or after 1 July 2016. After that day, DFRDB
18
and MSBS are closed to persons who commence with the Defence
19
Force.
20
In some cases, a person who is eligible to become an ADF Super
21
member becomes a member if he or she chooses to become a
22
member. In other cases, a person automatically becomes an ADF
23
Super member.
24
Preliminary Part 1
Section 4
No. , 2015
Australian Defence Force Superannuation Bill 2015
3
A person's membership of ADF Super continues until the
1
occasion, or the last of the occasions, on which a benefit is paid to
2
or in respect of the member.
3
The Department must pay contributions to ADF Super for the
4
benefit of certain ADF Super members.
5
CSC is responsible for ADF Super.
6
4 Definitions
7
In this Act:
8
account-based pension has the same meaning as in the
9
Superannuation Industry (Supervision) Regulations 1994.
10
ADF means the Australian Defence Force.
11
ADF Super: see Australian Defence Force Superannuation
12
Scheme.
13
ADF Super Fund means the fund established, and vested in CSC,
14
by the Trust Deed.
15
ADF Super member means a person who is an ADF Super
16
member in accordance with section 12.
17
Australian Defence Force Superannuation Scheme or ADF
18
Super means the superannuation scheme established by the Trust
19
Deed.
20
continuous full-time Reservist means a member of the Reserves:
21
(a) whose undertaking to render defence service of a continuous
22
nature for a specified period has been accepted under:
23
(i) subsection 32A(3) of the Naval Defence Act 1910; or
24
(ii) subsection 50(3) of the Defence Act 1903; or
25
(iii) subsection 4J(3) of the Air Force Act 1923; and
26
(b) who is rendering that continuous service in accordance with
27
the undertaking.
28
Part 1 Preliminary
Section 4
4
Australian Defence Force Superannuation Bill 2015
No. , 2015
CSC (short for Commonwealth Superannuation Corporation) has
1
the same meaning as in the Governance of Australian Government
2
Superannuation Schemes Act 2011.
3
defence service has the meaning given for a declared member by
4
section 6 of the Military Rehabilitation and Compensation Act
5
2004.
6
DFRDB (short for Defence Force Retirement and Death Benefits)
7
means the scheme established by the Defence Force Retirement
8
and Death Benefits Act 1973.
9
member spouse has the meaning given by section 9.
10
MSBS (short for Military Superannuation and Benefits Scheme)
11
has the same meaning as Scheme has in the Military
12
Superannuation and Benefits Act 1991.
13
non-member spouse has the meaning given by section 9.
14
Permanent Forces means:
15
(a) the Permanent Navy established by the Naval Defence Act
16
1910; or
17
(b) the Regular Army established by the Defence Act 1903; or
18
(c) the Permanent Air Force established by the Air Force Act
19
1923.
20
preserved employer benefit means a preserved amount that
21
includes an amount of employer benefit (within the meaning of the
22
Rules made for the administration of MSBS).
23
Reserves means:
24
(a) the Naval Reserve established by the Naval Defence Act
25
1910; or
26
(b) the Army Reserve established by the Defence Act 1903; or
27
(c) the Air Force Reserve established by the Air Force Act 1923.
28
rules means rules made under section 28.
29
splitting agreement has the meaning given by section 9.
30
splitting order has the meaning given by section 9.
31
Preliminary Part 1
Section 5
No. , 2015
Australian Defence Force Superannuation Bill 2015
5
superannuation interest has the meaning given by section 9.
1
this Act includes the rules (except in subsection 29(2)).
2
Trust Deed means:
3
(a) the deed referred to in section 7; or
4
(b) if the deed is amended--the deed as so amended.
5
5 Application of Act
6
This Act applies both within and outside Australia.
7
Part 2 The Trust Deed
Section 6
6
Australian Defence Force Superannuation Bill 2015
No. , 2015
Part 2--The Trust Deed
1
2
6 Simplified outline of this Part
3
The Australian Defence Force Superannuation Scheme (known as
4
ADF Super) is established by a deed made under this Part. The
5
deed also establishes the ADF Super Fund (into which
6
contributions and other money are paid). The deed is a legislative
7
instrument.
8
The deed sets out the functions and powers of CSC in relation to
9
ADF Super and the ADF Super Fund.
10
Generally, CSC must consent to any amendment of the deed.
11
7 Trust Deed to establish the Australian Defence Force
12
Superannuation Scheme
13
(1) Before 1 July 2016, the Minister must, for and on behalf of the
14
Commonwealth, by deed:
15
(a) establish a superannuation scheme that:
16
(i) is to be known as the Australian Defence Force
17
Superannuation Scheme; and
18
(ii) may also be known as ADF Super; and
19
(iii) is for the benefit of persons who will be members of
20
ADF Super; and
21
(b) establish, and vest in CSC, a fund for the purposes of ADF
22
Super; and
23
(c) set out the functions and powers of CSC in relation to ADF
24
Super and the ADF Super Fund; and
25
(d) make rules for the administration of ADF Super.
26
(2) The deed is a legislative instrument, but section 42 (disallowance)
27
of the Legislative Instruments Act 2003 does not apply to the deed.
28
The Trust Deed Part 2
Section 8
No. , 2015
Australian Defence Force Superannuation Bill 2015
7
8 Amendment of the Trust Deed
1
(1) The Minister may, by writing, amend the Trust Deed.
2
Limitations on amending the Trust Deed
3
(2) The Trust Deed must not be amended unless:
4
(a) CSC has consented to the amendment; or
5
(b) the amendment:
6
(i) relates to a payment by an employer-sponsor within the
7
meaning of the Superannuation Industry (Supervision)
8
Act 1993 that will, after the making of the amendment,
9
be required or permitted to be made under this Act; or
10
(ii) relates solely to the termination of the ADF Super Fund;
11
or
12
(iii) is made in circumstances covered by regulations made
13
for the purposes of subparagraph 60(1)(b)(iii) of the
14
Superannuation Industry (Supervision) Act 1993.
15
Note:
This subsection does not apply in relation to an amendment of the
16
Trust Deed for the purposes of subsection 19(1) (costs of
17
administration of Act etc.) (see subsection 19(2)).
18
(3) A provision of the Trust Deed that is amended under subsection (1)
19
is invalid if the provision would have the effect that ADF Super:
20
(a) would not be a regulated superannuation fund within the
21
meaning of the Superannuation Industry (Supervision) Act
22
1993; or
23
(b) would not comply with that Act.
24
Instrument making amendment is a legislative instrument
25
(4) An instrument under subsection (1) is a legislative instrument.
26
(5) Despite section 44 of the Legislative Instruments Act 2003,
27
section 42 (disallowance) of that Act applies to an instrument
28
under subsection (1) of this section.
29
9 Family law interest splitting
30
(1) Without limiting section 7 or 8, the Trust Deed:
31
Part 2 The Trust Deed
Section 9
8
Australian Defence Force Superannuation Bill 2015
No. , 2015
(a) may provide that, when a splitting agreement or splitting
1
order is received by CSC in respect of a superannuation
2
interest under this Act:
3
(i) the non-member spouse is entitled to benefits
4
determined in accordance with the Trust Deed; and
5
(ii) the benefits of the member spouse are reduced in
6
accordance with the Trust Deed; and
7
(b) may include any other provision that is related to, or
8
consequential on, provisions referred to in paragraph (a).
9
(2) In this Act:
10
member spouse has the same meaning as in Part VIIIB of the
11
Family Law Act 1975.
12
non-member spouse has the same meaning as in Part VIIIB of the
13
Family Law Act 1975.
14
splitting agreement means:
15
(a) a superannuation agreement (within the meaning of
16
Part VIIIB of the Family Law Act 1975); or
17
(b) a flag lifting agreement (within the meaning of Part VIIIB of
18
the Family Law Act 1975) that provides for a payment split
19
(within the meaning of Part VIIIB of the Family Law Act
20
1975).
21
splitting order has the same meaning as in Part VIIIB of the
22
Family Law Act 1975.
23
superannuation interest has the same meaning as in Part VIIIB of
24
the Family Law Act 1975.
25
Members of the Australian Defence Force Superannuation Scheme (ADF Super) Part 3
Section 10
No. , 2015
Australian Defence Force Superannuation Bill 2015
9
Part 3--Members of the Australian Defence Force
1
Superannuation Scheme (ADF Super)
2
3
10 Simplified outline of this Part
4
Generally, a person is eligible to become an ADF Super member if
5
the person is a member of the Permanent Forces or a continuous
6
full-time Reservist on or after 1 July 2016.
7
Some persons must make an election in order to become an ADF
8
Super member.
9
Other persons automatically become members of ADF Super.
10
These persons can later make an election in accordance with
11
Part 3A of the Superannuation Guarantee (Administration) Act
12
1992 and choose another superannuation fund.
13
A person who has never previously been a member of the Defence
14
Force and who becomes a member of the Permanent Forces or a
15
continuous full-time Reservist on or after 1 July 2016
16
automatically becomes an ADF Super member.
17
A person who is already a member of MSBS must elect to become
18
an ADF Super member. Otherwise, he or she remains a member of
19
MSBS. (A person may have become a member of MSBS by
20
becoming a member of the Permanent Forces or a continuous
21
full-time Reservist before 1 July 2016, or, for those who have a
22
preserved employer benefit, after that day.)
23
A former member of MSBS, who does not have a preserved
24
employer benefit, and who becomes a member of the Permanent
25
Forces or a continuous full-time Reservist on or after 1 July 2016
26
automatically becomes an ADF Super member.
27
A contributing member of DFRDB who became a member of the
28
Permanent Forces or a continuous full-time Reservist before 1 July
29
Part 3 Members of the Australian Defence Force Superannuation Scheme (ADF Super)
Section 11
10
Australian Defence Force Superannuation Bill 2015
No. , 2015
2016 is not eligible to become an ADF Super member. However, if
1
a member of DFRDB leaves the Defence Force and, on or after
2
1 July 2016, again becomes a member of the Permanent Forces or
3
a continuous full-time Reservist, he or she automatically becomes
4
an ADF Super member.
5
11 Eligibility for membership of ADF Super
6
(1) A person is eligible to become an ADF Super member if:
7
(a) the person is:
8
(i) a member of the Permanent Forces; or
9
(ii) a continuous full-time Reservist; or
10
(b) the person is a former member of MSBS (within the meaning
11
of the Rules made for the administration of MSBS) or a
12
former contributing member of DFRDB (within the meaning
13
of the Defence Force Retirement and Death Benefits Act
14
1973) to whom an account-based pension may, if the person
15
were an ADF Super member, be provided in accordance with
16
the Trust Deed.
17
(2) However, a person is not eligible to become an ADF Super
18
member if the person is a contributing member (within the
19
meaning of the Defence Force Retirement and Death Benefits Act
20
1973).
21
(3) A person is not eligible to become an ADF Super member before
22
1 July 2016.
23
12 Becoming an ADF Super member
24
(1) This section sets out the 2 situations in which a person can become
25
an ADF Super member.
26
Choice to become a member
27
(2) A person who is eligible to become an ADF Super member may, in
28
a manner approved by CSC in writing under this subsection,
29
choose to become an ADF Super member.
30
Members of the Australian Defence Force Superannuation Scheme (ADF Super) Part 3
Section 13
No. , 2015
Australian Defence Force Superannuation Bill 2015
11
(3) The person becomes an ADF Super member when the choice is
1
made.
2
Note:
A person who is a member of MSBS, who chooses to become an ADF
3
Super member, cannot later again become an MSBS member (see
4
subsection 7(3) of the Military Superannuation and Benefits Act
5
1991).
6
ADF Super is the person's mandated fund
7
(4) A person becomes an ADF Super member at a particular time if:
8
(a) the person is eligible to be an ADF Super member because
9
the person becomes a member of the Permanent Forces or a
10
continuous full-time Reservist on or after 1 July 2016; and
11
(b) the person does not have a preserved employer benefit in
12
MSBS; and
13
(c) there is no chosen fund for the person (within the meaning of
14
Part 3A of the Superannuation Guarantee (Administration)
15
Act 1992).
16
Note 1:
See also section 15 (ADF Super is the sole eligible choice fund in
17
relation to certain members).
18
Note 2:
For a continuous full-time Reservist whose undertaking spans 30 June
19
2016, see section 13.
20
13 Continuous full-time Reservists whose undertakings span 30 June
21
2016
22
For the purposes of paragraph 12(4)(a), if:
23
(a) a person is an eligible member of the Defence Force (within
24
the meaning of the Defence Force Retirement and Death
25
Benefits Act 1973); and
26
(b) the person becomes a continuous full-time Reservist as a
27
result of an undertaking that is accepted before 1 July 2016;
28
and
29
(c) the period of the undertaking is extended on or after that day;
30
then, in relation to service on or after that day, the person is taken
31
to have become a continuous full-time Reservist on the day that
32
period is extended.
33
Part 3 Members of the Australian Defence Force Superannuation Scheme (ADF Super)
Section 14
12
Australian Defence Force Superannuation Bill 2015
No. , 2015
14 Duration of membership of ADF Super
1
(1) A person ceases to be an ADF Super member at the following
2
time:
3
(a) if there is only one occasion on which a benefit is payable to
4
or in respect of the member in accordance with the Trust
5
Deed:
6
(i) the time the benefit is paid; or
7
(ii) if the person dies before that benefit is paid--the time
8
the person dies;
9
(b) if there are 2 or more occasions on which a benefit is paid to
10
or in respect of the member in accordance with the Trust
11
Deed:
12
(i) the time the last of those benefits is paid; or
13
(ii) if the person dies before the last of those benefits is
14
paid--the time the person dies;
15
(c) in any other case--the time the person dies.
16
(2) A person does not cease to be an ADF Super member merely
17
because the person ceases to be eligible to become an ADF Super
18
member.
19
(3) This section does not prevent a person who ceases to be an ADF
20
Super member from later becoming an ADF Super member.
21
15 ADF Super is the sole eligible choice fund in relation to certain
22
members
23
ADF Super is, for the purposes of the application of
24
subsection 32C(2) of the Superannuation Guarantee
25
(Administration) Act 1992 to a person, the sole eligible choice fund
26
for the Commonwealth if:
27
(a) either:
28
(i) the person is eligible to become an ADF Super member;
29
or
30
(ii) the person is an ADF Super member; and
31
(b) the person is a member of the Permanent Forces or a
32
continuous full-time Reservist.
33
Members of the Australian Defence Force Superannuation Scheme (ADF Super) Part 3
Section 16
No. , 2015
Australian Defence Force Superannuation Bill 2015
13
16 Contributions to ADF Super by the Department
1
(1) The Department must pay to CSC, for the benefit of each ADF
2
Super member, any contributions that are payable by the
3
Department.
4
Note:
See also section 21 (amounts payable to CSC).
5
(2) The payments must be in accordance with this Act, the Trust Deed
6
and the Defence Act 1903.
7
Part 4 Administration
Division 1 Simplified outline of this Part
Section 17
14
Australian Defence Force Superannuation Bill 2015
No. , 2015
Part 4--Administration
1
Division 1--Simplified outline of this Part
2
17 Simplified outline of this Part
3
The functions and powers of CSC are set out in this Part and the
4
Trust Deed. This Part also deals with costs, fees and information.
5
Administration Part 4
Functions and powers of CSC Division 2
Section 18
No. , 2015
Australian Defence Force Superannuation Bill 2015
15
Division 2--Functions and powers of CSC
1
18 Functions and powers of CSC
2
(1) The functions and powers of CSC in relation to ADF Super and the
3
ADF Super Fund are those set out in the Trust Deed.
4
(2) CSC is also responsible for the general administration of this Act.
5
Note:
For other functions of CSC, see section 8 of the Governance of
6
Australian Government Superannuation Schemes Act 2011.
7
Part 4 Administration
Division 3 Costs of administration
Section 19
16
Australian Defence Force Superannuation Bill 2015
No. , 2015
Division 3--Costs of administration
1
19 Costs of administration of Act etc.
2
(1) The costs of the administration of this Act and the Trust Deed,
3
including the costs of and incidental to:
4
(a) the management of the ADF Super Fund by CSC; and
5
(b) the investment of money from the ADF Super Fund;
6
are to be paid by CSC out of the ADF Super Fund in accordance
7
with the Trust Deed.
8
(2) Subsection 8(2) (limitations on amending the Trust Deed) does not
9
apply in relation to an amendment made to the Trust Deed that
10
relates to the costs of the administration of this Act and the Trust
11
Deed.
12
20 Payment of fees
13
(1) The rules may provide that, if a person requests CSC to reconsider
14
one of its decisions under this Act, the rules or the Trust Deed, the
15
person is liable to pay a fee to CSC.
16
(2) Subsection (1) does not authorise the imposition of taxation within
17
the meaning of section 55 of the Constitution.
18
(3) The rules may make provision for and in relation to the refund of
19
any fees paid under subsection (1).
20
Administration Part 4
Other administrative matters Division 4
Section 21
No. , 2015
Australian Defence Force Superannuation Bill 2015
17
Division 4--Other administrative matters
1
21 Amounts payable to CSC
2
(1) Any amount (including an amount of contributions) that is payable
3
to CSC under this Act or the Trust Deed may be recovered by CSC
4
in a court of competent jurisdiction as a debt.
5
(2) If:
6
(a) an amount (including an amount of contributions) is payable
7
by a person to CSC under this Act or the Trust Deed; and
8
(b) the amount remains unpaid after the day on which payment
9
was due;
10
the person is liable to pay to CSC interest on any such amount that
11
remains unpaid at such rate as CSC determines in writing under
12
this subsection.
13
(3) A determination under subsection (2) is a legislative instrument,
14
but section 42 (disallowance) of the Legislative Instruments Act
15
2003 does not apply to the instrument.
16
22 Recovery of overpayments
17
If, for any reason (including the making of, or cancellation of, an
18
election under the Trust Deed), CSC has paid an amount of benefit
19
that was, or has become, not payable:
20
(a) the amount so paid may be recovered by CSC in a court of
21
competent jurisdiction as a debt; or
22
(b) if the person to whom that amount was paid is receiving, or is
23
entitled to receive, a benefit under the Trust Deed--the
24
amount so paid, or such part of that amount as CSC
25
determines, may, if CSC so directs, be recovered by
26
deduction from that benefit.
27
23 CSC may rely on information supplied by the Department
28
(1) For the purposes of the Trust Deed in its application to or in
29
respect of a person who is or has been an ADF Super member,
30
Part 4 Administration
Division 4 Other administrative matters
Section 24
18
Australian Defence Force Superannuation Bill 2015
No. , 2015
CSC may presume that any information provided to CSC by the
1
Department is correct.
2
(2) If a tribunal, authority or person is empowered:
3
(a) to review a decision of CSC under this Act or the Trust Deed;
4
and
5
(b) to vary, or make a decision in substitution for, CSC's
6
decision under this Act or the Trust Deed;
7
the tribunal, authority or person is not bound by any presumption
8
made by CSC under subsection (1).
9
24 CSC may require the Department to distribute information etc.
10
to members of ADF Super
11
(1) CSC may:
12
(a) send to the Department any document or written information
13
that CSC is required to send to an ADF Super member under
14
this or any other Act; and
15
(b) request the Department to give the document or information
16
to the member.
17
(2) The Department must comply with the request unless doing so
18
would breach Chapter 7 of the Corporations Act 2001.
19
(3) CSC must take reasonable steps to ensure that the confidentiality of
20
any document or information sent to the Department for
21
transmission to the member is preserved.
22
Miscellaneous Part 5
Section 25
No. , 2015
Australian Defence Force Superannuation Bill 2015
19
Part 5--Miscellaneous
1
2
25 Simplified outline of this Part
3
This Parts deals with those who are subject to the Trust Deed,
4
termination and variation of rights by later legislation, and rules
5
made under this Act.
6
26 Persons subject to the Trust Deed
7
The following persons are subject to the Trust Deed (to the extent
8
that the Trust Deed is applicable):
9
(a) a person who is, or has ceased to be, an ADF Super member;
10
(b) a person who is, or has ceased to be, a person to whom a
11
benefit is payable under provisions of the Trust Deed;
12
(c) the Department;
13
(d) CSC.
14
27 Termination and variation of rights by later legislation
15
A right granted under this Act or the Trust Deed is granted on the
16
basis that:
17
(a) the right may be cancelled, revoked, terminated or varied by
18
or under later legislation; and
19
(b) no compensation is payable if the right is so cancelled,
20
revoked, terminated or varied.
21
28 Rules
22
(1) The Minister may, by legislative instrument, make rules
23
prescribing matters:
24
(a) required or permitted to be prescribed by this Act; or
25
(b) necessary or convenient to be prescribed for carrying out or
26
giving effect to this Act.
27
Part 5 Miscellaneous
Section 29
20
Australian Defence Force Superannuation Bill 2015
No. , 2015
Preconditions for making rules
1
(2) Rules may not be made unless:
2
(a) CSC has consented to the making of the rules; or
3
(b) the rules:
4
(i) relate to a payment by an employer-sponsor within the
5
meaning of the Superannuation Industry (Supervision)
6
Act 1993 that will, after the making of the rules, be
7
required or permitted to be made under this Act; or
8
(ii) relate solely to the termination of the ADF Super Fund;
9
or
10
(iii) are made in circumstances covered by regulations made
11
for the purposes of subparagraph 60(1)(b)(iii) of the
12
Superannuation Industry (Supervision) Act 1993.
13
Limitation on rule-making power
14
(3) To avoid doubt, the rules may not do the following:
15
(a) create an offence or civil penalty;
16
(b) provide powers of:
17
(i) arrest or detention; or
18
(ii) entry, search or seizure;
19
(c) impose a tax;
20
(d) set an amount to be appropriated from the Consolidated
21
Revenue Fund under an appropriation in this Act;
22
(e) amend this Act.
23
29 Rules relating to the operation of the Superannuation Industry
24
(Supervision) Act 1993 and certain other laws
25
(1) The rules may make any provision that is necessary for the purpose
26
of enabling ADF Super to satisfy any condition or requirement of,
27
or made under, any of the following laws if that law is capable of
28
applying in relation to ADF Super:
29
(a) the Corporations Act 2001;
30
(b) the Family Law Act 1975;
31
(c) the Financial Institutions Supervisory Levies Collection Act
32
1998;
33
Miscellaneous Part 5
Section 29
No. , 2015
Australian Defence Force Superannuation Bill 2015
21
(d) the Income Tax Assessment Act 1936 or the Income Tax
1
Assessment Act 1997;
2
(e) the Superannuation Industry (Supervision) Act 1993;
3
(f) the Superannuation (Resolution of Complaints) Act 1993;
4
(g) the Superannuation (Unclaimed Money and Lost Members)
5
Act 1999.
6
(2) If rules made for the purposes of subsection (1) are inconsistent
7
with a provision of this Act or the Trust Deed, the rules prevail and
8
the provision, to the extent of the inconsistency, is of no effect.
9