Superannuation (Miscellaneous and Consequential Amendments) Act 2000

Superannuation (Miscellaneous and Consequential Amendments) Act 2000

An Act to amend various enactments arising from the Public Sector Superannuation Reform Act 1999 and the Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999 and to make other miscellaneous and consequential amendments relating to public sector superannuation

Be it enacted by His 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:

1.   Short title

This Act may be cited as the Superannuation (Miscellaneous and Consequential Amendments) Act 2000 .

2.   Commencement

(1)  Section 4 and Schedule 2 are taken to have commenced on 24 April 2000.

(2)  The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.

3.   Consequential and miscellaneous amendments

The Acts specified in Schedule 1 are amended as specified in that Schedule.

4.   Amendments to Public Sector Superannuation Reform Act 1999

The legislation specified in Schedule 2 is amended as specified in that Schedule.

5.   Amendments to Retirement Benefits Regulations 1994

The legislation specified in Schedule 3 is amended as specified in that Schedule.

6.   Section 29 of Retirement Benefits Act 1993 not to apply

The amendments made by section 5 and Schedule 3 have effect notwithstanding section 29 of the Retirement Benefits Act 1993 .

SCHEDULE 1 - Consequential and Miscellaneous Amendments

Section 3

Ambulance Service Act 1982

1.   Section 41A is repealed and the following section is substituted:

41A.   Administration of Superannuation Scheme

(1)  The Trustee is to administer the Superannuation Scheme in accordance with –

(a) the trust deed; and

(b) the Commonwealth Acts.

(2)  An amendment of the trust deed or of the rules of the Superannuation Scheme has no effect unless it is approved by the Minister responsible for the administration of the Public Sector Superannuation Reform Act 1999 .

Children, Young Persons and Their Families Act 1997

1.    Schedule 1 is amended as follows:

(a) by omitting clause 1 and substituting the following clauses:

1.   Interpretation

In this Schedule –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 .

1A.   Term of office

The Commissioner holds office for such term, not exceeding 3 years, as is specified in the instrument of appointment.

(b) by omitting from clause 2(2) ", including superannuation,";

(c) by inserting the following subclauses after subclause (2) in clause 2 :

(3) Where a person is appointed as Commissioner –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the Commissioner as if he or she were an employee for the purposes of that Act; and

(c) subject to subclause (4) , he or she is to be a member of the accumulation scheme.

(4) The Commissioner may elect by notice in writing given to the Secretary, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(5) The Commissioner is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(6) Subclauses (3) , (4) and (5) do not apply to a person who, immediately before his or her appointment as Commissioner, was a contributor to the contributory scheme.

(7) Where an election is made under subclause (4) , the Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Crown Servants' Reinstatement Act 1970

1.    Section 3(6) is amended by omitting "the Public Servants' Retiring and Death Allowances Act 1925 and".

Director of Public Prosecutions Act 1973

1.    Section 2 is amended by omitting the definition of complying superannuation scheme and substituting the following definition:

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

2.    Section 8(3) is amended by omitting "sections 10A, 10B and 10C" and substituting "sections 10A, 10B, 10C and 10D".

3.    Section 8A is amended by inserting after subsection (4) the following subsection:

(4A)  The Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Financial Management and Audit Act 1990

1.    Section 32 is amended as follows:

(a) by omitting subsections (1) and (2) and substituting the following subsection:

(1)  In this section –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 ;

Secretary means the Secretary of the responsible Department in relation to this Part.

(b) by omitting subsection (4) and substituting the following subsections:

(4)  A person appointed as Auditor-General is taken to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .

(4A)  Where a person is appointed as Auditor-General –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the Auditor-General as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (4B) , he or she is to be a member of the accumulation scheme.

(4B)  The Auditor-General may elect by notice in writing given to the Secretary, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(4C)  The Auditor-General is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(4D)  Subsections (4A) , (4B) and (4C) do not apply to a person who, immediately before his or her appointment as Auditor-General, was a contributor to the contributory scheme.

(4E)  Where an election is made under subsection (4B) , the Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Fire Service Act 1979

1.    Section 24(6) is amended by omitting "and, on making such an election, that person shall not be deemed to be an employee within the meaning of the Acts specified in subsection (3)(b) ".

Forestry Act 1920

1.    Section 4(1) is amended as follows:

(a) by inserting the following definition before the definition of annual supply of veneer and sawlog :

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

(b) by inserting the following definitions after the definition of chief executive officer :

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 ;

2.    Section 12M is amended by inserting after subsection (6) the following subsections:

(6A)  Where a person is appointed as chief executive officer –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the chief executive officer as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (6B) , he or she is to be a member of the accumulation scheme.

(6B)  The chief executive officer may elect by notice in writing given to the Board, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(6C)  The chief executive officer is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(6D)  Subsections (6A) , (6B) and (6C) do not apply to a person who, immediately before his or her appointment as chief executive officer, was a contributor to the contributory scheme.

(6E)  Where an election is made under subsection (6B) , the Board is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

3.    Clause 2 of Schedule 2 is amended by omitting subclause (3) and substituting the following subclauses:

(3) Where a person is appointed as a director –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the director as if he or she were an employee for the purposes of that Act; and

(c) subject to subclause (4) , he or she is to be a member of the accumulation scheme.

(4) A director may elect by notice in writing given to the Board, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(5) A director is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(6) Where an election is made under subclause (4) , the Board is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Government Business Enterprises Act 1995

1.    Section 18 is amended as follows:

(a) by omitting subsection (1) and substituting the following subsections:

(1)  In this section –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 .

(1A)  Each Government Business Enterprise must have a chief executive officer.

(b) by inserting the following subsections after subsection (4) :

(4A)  Where a person is appointed as chief executive officer –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the chief executive officer as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (4B) , he or she is to be a member of the accumulation scheme.

(4B)  The chief executive officer may elect by notice in writing given to the Board, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(4C)  The chief executive officer is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(4D)  Subsections (4A) , (4B) and (4C) do not apply to a person who, immediately before his or her appointment as chief executive officer, was a contributor to the contributory scheme.

(4E)  Where an election is made under subsection (4B) , the Board is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Governor of Tasmania Act 1982

1.    Section 3(1) is amended by omitting the definition of complying superannuation scheme and substituting the following definition:

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

2.    Section 6AA is amended by omitting "sections 10A, 10B and 10C" and substituting "sections 10A, 10B, 10C and 10D".

3.    Section 6D is amended by inserting after subsection (7) the following subsection:

(8)  Where an election is made under subsection (4) , the Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Health Complaints Act 1995

1.    Schedule 3 is amended as follows:

(a) by omitting clause 1 and substituting the following clauses:

1.   Interpretation

In this Schedule –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 .

1A.   Term of office

The Commissioner holds office for such term, not exceeding 5 years, as is specified in the instrument of appointment.

(b) by omitting subclause (5) from clause 2 and substituting the following subclauses:

(5) Where a person is appointed as Commissioner –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the Commissioner as if he or she were an employee for the purposes of that Act; and

(c) subject to subclause (6) , he or she is to be a member of the accumulation scheme.

(6) The Commissioner may elect by notice in writing given to the Secretary of the Health Department, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(7) The Commissioner is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(8) Subclauses (5) , (6) and (7) do not apply to a person who, immediately before his or her appointment as Commissioner, was a contributor to the contributory scheme.

(9) Where an election is made under subclause (6) , the Secretary of the Health Department is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

(c) by omitting subclause (2) from clause 4 .

Inland Fisheries Act 1995

1.    Section 3 is amended as follows:

(a) by inserting the following definition after the definition of acclimatised fish :

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

(b) by inserting the following definitions after the definition of commercial licence :

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 ;

2.    Section 11 is amended by inserting after subsection (2) the following subsections:

(3)  Where a person is appointed as Director –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the Director as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (4) , he or she is to be a member of the accumulation scheme.

(4)  The Director may elect by notice in writing given to the Secretary, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(5)  The Director is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(6)  Subsections (3) , (4) and (5) do not apply to a person who, immediately before his or her appointment as Director, was a contributor to the contributory scheme.

(7)  Where an election is made under subsection (4) , the Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

3.    Section 16(3)(c) is amended by omitting "section 19(1)" and substituting " section 19 ".

Judges' Contributory Pensions Act 1968

1.   Section 10A(1) is amended by omitting all the words before the table and substituting "A person to whom this Act applies may elect, by notice in writing given to the Minister, to commute the whole or part of his or her residual pension to a lump sum payment in accordance with the following table:".

2.    Section 10B(1) is amended by omitting "within 3 months of the death of that person,".

3.    Section 10C(1) is amended by omitting "within 3 months after the death of that person".

4.   After section 10C , the following section is inserted:

10D.   Effective date of election

An election under section 10A , 10B or 10C must provide for the commutation to take effect within 6 months of the commencement of the pension.

Legal Aid Commission Act 1990

1.   After section 10 , the following section is inserted:

10A.   Appointment of Commissioner

(1)  In this section –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 .

(2)  Where a person is appointed as Commissioner –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the Commissioner as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (3) , he or she is to be a member of the accumulation scheme.

(3)  A Commissioner may elect by notice in writing given to the Secretary of the Department, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(4)  A Commissioner is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(5)  Subsections (2) , (3) and (4) do not apply to a person who, immediately before his or her appointment as Commissioner, was a contributor to the contributory scheme.

(6)  Where an election is made under subsection (3) , the Secretary of the Department is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Liquor and Accommodation Act 1990

1.    Section 207 is amended as follows:

(a) by omitting subsection (1) and substituting the following subsections:

(1)  In this section –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 ;

Secretary means the Secretary of the Department.

(1A)  There is an office of Commissioner for Licensing.

(b) by omitting subsection (7) and substituting the following subsections:

(7)  Where a person is appointed as Commissioner –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the Commissioner as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (8) , he or she is to be a member of the accumulation scheme.

(8)  The Commissioner may elect by notice in writing given to the Secretary, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(9)  The Commissioner is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(10)  Subsections (7) , (8) and (9) do not apply to a person who, immediately before his or her appointment as Commissioner, was a contributor to the contributory scheme.

(11)  Where an election is made under subsection (8) , the Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Magistrates Court Act 1987

1.    Section 3 is amended as follows:

(a) by inserting the following definition before the definition of Administrator of the Magistrates Court :

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

(b) by inserting the following definitions after the definition of Chief Magistrate :

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 ;

(c) by inserting the following definition after the definition of the regulations :

Secretary means the Secretary of the Department.

2.    Section 4 is amended by inserting after subsection (5) the following subsections:

(6)  Where a person is appointed as a magistrate –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the magistrate as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (7) , he or she is to be a member of the accumulation scheme.

(7)  A magistrate may elect by notice in writing given to the Secretary, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(8)  A magistrate is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(9)  Subsections (6) , (7) and (8) do not apply to a person who, immediately before his or her appointment as a magistrate, was a contributor to the contributory scheme.

(10)  Where an election is made under subsection (7) , the Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

3.    Section 10 is amended by omitting subsection (3) .

Nursing Act 1995

1.    Section 13 is amended as follows:

(a) by omitting subsection (1) and substituting the following subsections:

(1)  In this section –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 .

(1A)  The Board must appoint a registered nurse as Executive Officer and may appoint such other employees as may be necessary for the performance of its functions and the exercise of its powers.

(b) by omitting subsections (4) and (5) ;

(c) by omitting from subsection (6) "Without limiting the power of the Board to establish or participate in any other superannuation scheme, the" and substituting "The";

(d) by inserting the following subsections after subsection (7) :

(8)  Where a person is appointed as a member or employee –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the member or employee as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (9) , he or she is to be a member of the accumulation scheme.

(9)  A member or employee may elect by notice in writing given to the Secretary, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(10)  A member or employee is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(11)  Subsections (8) , (9) and (10) do not apply to an employee who, immediately before his or her appointment as such, was a contributor to the contributory scheme.

(12)  Where an election is made under subsection (9) , the Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Ombudsman Act 1978

1.    Section 5 is amended as follows:

(a) by omitting subsection (1) and substituting the following subsections:

(1)  In this section –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 ;

Secretary means the Secretary of the Department.

(1A)  The Governor may appoint a person to be known as the Ombudsman.

(b) by inserting the following subsections after subsection (8) :

(9)  Where a person is appointed as the Ombudsman –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the Ombudsman as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (10) , he or she is to be a member of the accumulation scheme.

(10)  The Ombudsman may elect by notice in writing given to the Secretary, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(11)  The Ombudsman is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(12)  Subsections (9) , (10) and (11) do not apply to a person who, immediately before his or her appointment as the Ombudsman, was a contributor to the contributory scheme.

(13)  Where an election is made under subsection (10) , the Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

2.    Section 7(2) is amended by omitting "the Retirement Benefits Act 1993 and".

Parliamentary Retiring Benefits Act 1985

1.    Section 9(1) is amended by omitting " section 9AA " and substituting " sections 9AA and 9AB ".

2.   After section 9AA , the following section is inserted in Part III:

9AB.   Member resigning to contest another seat

(1)  A member who –

(a) resigns from a seat in either House and within 7 days informs the Trust in writing of his or her intention to contest an election for another seat in either House; and

(b) is elected at that election within 3 months after so resigning –

is taken, for the purposes of this Act, to have remained a member of the scheme established by this Act.

(2)  Where a member is elected at that election –

(a) the period between the date of resignation and election is not counted as contributory service for the purposes of this Act; and

(b) no superannuation contributions are to be made to the Fund in relation to that member in respect of the period between resignation and the date of the election.

(3)  If the member is not elected at that election, he or she is entitled to interest on his or her benefit under this Act, in accordance with section 10A , from the date of the resignation until payment of the benefit.

3.    Section 19A is repealed and the following section is substituted:

19A.   Application of Commonwealth superannuation principles

The Trust is to comply with the principles outlined in the Heads of Government Agreement made on 28 May 1996 between the Commonwealth and Tasmania, as amended from time to time, as if those principles were included in this Act.

Parliamentary Salaries, Superannuation and Allowances Act 1973

1.    Section 3(1) is amended by omitting the definition of complying superannuation scheme and substituting the following definition:

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

2.    Clause 1 of Schedule 3 is amended by inserting after subclause (4) the following subclause:

(4A) Where an election is made under subclause (4) , the relevant officer is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Parliamentary Superannuation Act 1973

1.   After section 14CA , the following section is inserted in Part III:

14CB.   Member resigning to contest another seat

(1)  A member who –

(a) resigns from a seat in either House and within 7 days informs the Trust in writing of his or her intention to contest an election for another seat in either House; and

(b) is elected at that election within 3 months after so resigning –

is taken, for the purposes of this Act, to have remained a member of the scheme established by this Act.

(2)  Where a member is elected at that election –

(a) the period between the date of resignation and election is not counted as contributory service for the purposes of this Act; and

(b) no superannuation contributions are to be made to the Fund in relation to that member in respect of the period between resignation and the date of the election.

(3)  If the member is not elected at that election, he or she is entitled to interest on his or her benefit under this Act, in accordance with section 14A , from the date of the resignation until payment of the benefit.

2.    Section 27A is repealed and the following section is substituted:

27A.   Application of Commonwealth superannuation principles

The Trust must comply with the principles outlined in the Heads of Government Agreement made on 28 May 1996 between the Commonwealth and Tasmania, as amended from time to time, as if those principles were included in this Act.

Private Forests Act 1994

1.    Clause 2 of Schedule 2 is amended as follows:

(a) by omitting subclause (1) and substituting the following subclauses:

(1) In this clause –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 .

(1A) Subject to subclause (2) , a director, other than the chief executive officer, is entitled to be paid the remuneration and allowances determined by the Minister from time to time.

(b) by omitting from subclause (2) " subclause (1) " and substituting " subclause (1A) ";

(c) by omitting subclause (4) and substituting the following subclauses:

(4) Where a person is appointed as a director –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the director as if he or she were an employee for the purposes of that Act; and

(c) subject to subclause (5) , he or she is to be a member of the accumulation scheme.

(5) A director may elect by notice in writing given to the Authority, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(6) A director is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(7) Where an election is made under subclause (5) , the Authority is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Public Sector Superannuation Reform Act 1999

1.    Section 3(1) is amended by omitting the definition of complying superannuation scheme and substituting the following definition:

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

2.    Section 6 is amended by inserting after subsection (5) the following subsections:

(5A)  Notwithstanding subsection (5) , where an election is made under this section –

(a) the Agency manager is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer; and

(b) employer contributions are to be calculated by reference to his or her salary as defined by the Trust Deed and in accordance with the rate of those contributions specified in that Deed.

(5B)  An employee appointed or engaged on or after the commencement of this subsection who elects to join a complying superannuation scheme other than the accumulation scheme must pay contributions at the rate of 5 per cent of salary, unless he or she elects at any time to contribute at another rate that is a multiple of one per cent of salary or to make no contributions.

3.    Section 11 is amended by inserting after subsection (3) the following subsections:

(4)  Notwithstanding subsections (1) , (2) and (3) , the Minister may amend the Trust Deed in accordance with subsections (5) , (6) and (7) .

(5)  The Minister must consult with the Board and the Tasmanian Trades and Labor Council with respect to any proposed amendment.

(6)  Where, following that consultation, the Minister resolves to amend the Trust Deed –

(a) the Minister and the Board must execute the amendment; and

(b) the Minister must cause to be published in the Gazette notice of –

(i) the amendment; and

(ii) the date when the amended Trust Deed takes effect.

(7)  The Trust Deed must not be amended so as to authorise any payment from the accumulation scheme to an Agency other than an expense incurred in the normal course of administration or a refund of overpaid contributions.

4.   Section 13 is amended as follows:

(a) by omitting "Where" and substituting "(1) Where";

(b) by inserting the following subsection:

(2)  An Agency is to include in its annual report such other information relating to superannuation schemes of which its employees are members as may be prescribed in the regulations.

Retirement Benefits Act 1993

1.    Section 3(1) is amended as follows:

(a) by inserting the following definition after the definition of Accumulation Fund :

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

(b) by inserting the following definition after the definition of commencement day :

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

(c) by inserting the following definition after the definition of contributions :

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 ;

(d) by inserting the following definitions after the definition of member :

member of a board, in respect of a statutory authority, includes any chairman, president, deputy, alternate, substitute or acting member of the board or the governing body of the statutory authority;

non-contributory scheme means the scheme established under Part 5 of the Retirement Benefits Regulations 1994 ;

(e) by inserting the following definition after the definition of State authority :

statutory authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the Royal Prerogative, where the body or authority, or the governing body of which, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority and includes the governing body of any such statutory authority;

(f) by inserting the following definition after the definition of Trust :

Trust Deed means the Trust Deed referred to in section 7 of the Public Sector Superannuation Reform Act 1999 and includes that Deed as amended or substituted from time to time;

2.    Section 5(1)(e) is amended by inserting ", but not including a member of a board" after "authorities".

3.    Section 6 is repealed and the following section is substituted:

6.   Application of Commonwealth superannuation principles

The Board must comply with the principles outlined in the Heads of Government Agreement made on 28 May 1996 between the Commonwealth and Tasmania, as amended from time to time, as if those principles were included in this Act.

4.    Section 7(3) is amended by omitting "secretary" and substituting "chief executive officer".

5.    Section 10(4) is amended by inserting "other than the chief executive officer" after "organization".

6.    Section 12(1) is amended by inserting ", including the chief executive officer," after "officer of the Board".

7.    Section 29(10) is amended by inserting "and, without limitation, may provide for the Minister to appoint a chief executive officer of the Board and may also provide for the conditions of appointment and the powers, functions and duties of the chief executive officer" after "the regulations", where last occuring.

8.   After section 29A , the following section is inserted in Part 4:

29B.   Members of boards of statutory authorities

(1)  A person who is, or has been, a member of a board of a statutory authority is not, by virtue of that office, entitled to be a member of the contributory scheme and is taken to have had no such entitlement by virtue of that office at any relevant time.

(2)  If a person referred to in subsection (1) has been admitted to, and made contributions to, the contributory scheme before the commencement of this section –

(a) that person ceases to be a member of that scheme on that commencement; and

(b) the Board must, as soon as practicable after that commencement, refund to that person the total amount of those contributions together with interest on those contributions at the fund earning rate for the contributory scheme; and

(c) that person is to be placed in the same position as if he or she had been a member of the non-contributory scheme or the accumulation scheme, as the case may require, during the relevant period.

(3)  For the purposes of subsection (2)(c) , the Board is to credit interest on employer superannuation contributions made in respect of that person for the relevant period at the rate credited to members of the accumulation scheme in the absence of an election for investment choice under the Trust Deed.

(4)  An action does not lie against the Crown, the Board, any member of the Board, the chief executive officer of the Board or any other officer of the Board by reason of the operation of this section or in respect of any advice given, or statement made, by or on behalf of the Board, arising from, or for the purpose of, his or her admission to the contributory scheme as mentioned in this section.

(5)  Where a person is appointed as a member of a board –

(a) he or she is not eligible by reason only of that appointment to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to that person as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (6) , he or she is to be a member of the accumulation scheme.

(6)  A member of a board may elect to become a member of a complying superannuation scheme other than the accumulation scheme.

(7)  A member of a board is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(8)  Where an election is made under subsection (6) , the relevant statutory authority is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

9.    Schedule 2 is amended as follows:

(a) by omitting from clause 2(3) "Questions" and substituting "Subject to subclause (5) , questions";

(b) by inserting the following subclause after subclause (4) in clause 2 :

(5) If, after 3 meetings of the Board, the voting on a question which has been postponed in accordance with subclause (4) is again equal, the President may exercise a casting vote at the next meeting at which the question is again considered.

(c) by omitting subclause (3) from clause 3 and substituting the following subclause:

(3) The President of the Board may only exercise a vote as provided by clause 2(5).

Solicitor-General Act 1983

1.    Section 3(1) is amended by omitting the definition of complying superannuation scheme and substituting the following definition:

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

2.    Section 9A is amended by inserting after subsection (7) the following subsection:

(8)  Where an election is made under subsection (4) , the Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

3.    Clause 7A of Schedule 1 is amended by omitting "sections 10A, 10B and 10C" and substituting "sections 10A, 10B, 10C and 10D".

State Fire Commission Superannuation Scheme Act 1994

1.    Section 7 is repealed and the following section is substituted:

7.   Administration of scheme

(1)  The Board is to administer the Superannuation Scheme in accordance with –

(a) the trust deed; and

(b) the Commonwealth Acts.

(2)  An amendment of the trust deed or of the rules of the Superannuation Scheme has no effect unless it is approved by the Minister responsible for the administration of the Public Sector Superannuation Reform Act 1999 .

Supreme Court Act 1887

1.    Section 1 is amended by omitting the definition of complying superannuation scheme and substituting the following definition:

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

2.    Section 7 is amended by omitting subsection (3) and substituting the following subsection:

(3)  The Auditor-General, as soon as practicable after 31 May in each year and in accordance with this section, must determine the rate that is the average of the rates of salary payable to the Chief Justices in South Australia and Western Australia at the time of the determination, and that rate of salary is to have effect in respect of the financial year commencing on the following 1 July.

3.    Section 8 is amended by inserting after subsection (7) the following subsection:

(8)  The Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Supreme Court Act 1959

1.    Section 3 is amended by omitting the definition of complying superannuation scheme and substituting the following definition:

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

2.    Section 4AA is amended by inserting after subsection (7) the following subsection:

(8)  The Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

Tourism Tasmania Act 1996

1.    Section 3 is amended as follows:

(a) by inserting the following definition before the definition of amend :

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

(b) by inserting the following definition after the definition of committee :

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

(c) by inserting the following definition after the definition of contract :

contributory scheme means the superannuation arrangements provided by Part 4 of the Retirement Benefits Regulations 1994 ;

2.    Section 17 is amended by inserting after subsection (4) the following subsections:

(4A)  Where a person is appointed as chief executive officer –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the chief executive officer as if he or she were an employee for the purposes of that Act; and

(c) subject to subsection (4B) , he or she is to be a member of the accumulation scheme.

(4B)  The chief executive officer may elect by notice in writing given to the Board, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(4C)  The chief executive officer is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(4D)  Subsections (4A) , (4B) and (4C) do not apply to a person who, immediately before his or her appointment as chief executive officer, was a contributor to the contributory scheme.

(4E)  Where an election is made under subsection (4B) , the Board is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

3.    Clause 3 of Schedule 1 is amended by omitting subclause (3) and substituting the following subclauses:

(3) Where a person is appointed as a director –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the director as if he or she were an employee for the purposes of that Act; and

(c) subject to subclause (3A) , he or she is to be a member of the accumulation scheme.

(3A) A director may elect by notice in writing given to the Authority, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(3B) A director is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(3C) Where an election is made under subclause (3A) , the Authority is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

TT-Line Arrangements Act 1993

1.    Section 24A is amended by inserting after subsection (5) the following subsection:

(6)  An amendment of the trust deed or of the rules of a superannuation scheme established by the Company has no effect unless it is approved by the Minister responsible for the administration of the Public Sector Superannuation Reform Act 1999 .

SCHEDULE 2 - Amendments to Public Sector Superannuation Reform Act 1999

Section 4

Public Sector Superannuation Reform Act 1999

1.    Section 9 is amended as follows:

(a) by omitting paragraph (c) from subsection (1) and substituting the following paragraph:

(c) a member of the non-contributory scheme before the commencement day who becomes a member of the accumulation scheme after the transfer day is initially taken to have elected to maintain the same rate of contributions as in force immediately before the transfer day, but may elect at any time to vary that rate as provided in the Trust Deed; and

(b) by inserting the following paragraph after paragraph (g) in subsection (1) :

(ga) the Board may accept an election from a member not to be covered for death and disability only if that member produces evidence to the satisfaction of the Board that he or she has adequate alternative death and disability cover; and

(c) by inserting the following subsection after subsection (1) :

(1A)  Notwithstanding subsection (1)(h) , where on 14 May 1999 a person had the right to receive a pension under Part 5 of the Principal Regulations, the Trust Deed is to provide for that person to remain entitled to that right.

2.    Section 10 is amended by omitting subsection (3) and substituting the following subsection:

(3)  On the transfer day, regulation 48 of the Principal Regulations ceases to apply to a transferring member and he or she is entitled to have credited to his or her account in the accumulation scheme a benefit under that regulation calculated in accordance with the Trust Deed.

SCHEDULE 3 - Amendments to Retirement Benefits Regulations 1994

Section 5

Retirement Benefits Regulations 1994

1.    Regulation 3(1) is amended as follows:

(a) by inserting the following definition after the definition of benefit multiple factor :

CEO means the chief executive officer of the Board;

(b) by omitting the definition of complying superannuation scheme and substituting the following definition:

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

(c) by inserting the following subparagraph after subparagraph (vii) in paragraph (n) of the definition of permanent employee :

(viii) by reason only of his or her appointment as a member of a board; or

2.    Regulation 5 is rescinded and the following regulation is substituted:

5.   Application of Commonwealth superannuation principles

The Board must comply with the principles outlined in the Heads of Government Agreement made on 28 May 1996 between the Commonwealth and Tasmania, as amended from time to time, as if those principles were included in these regulations.

3.    Regulation 7 is amended as follows:

(a) by omitting from subregulation (1B) "subregulation (1)(b)(ii)" and substituting " subregulation (1A)(b)(ii) ";

(b) by omitting from subregulation (2) "subregulation (1)(b)" and substituting " subregulation (1A)(b) ".

4.    Regulation 9 is amended as follows:

(a) by omitting from subregulation (1) "The" and substituting "Subject to regulations 9A , 9B , 9C and 9D , the";

(b) by omitting subregulations (3) , (4) and (5) ;

(c) by omitting from subregulation (7)(a) " subregulations (2) and (3) " and substituting " subregulation (2) ".

5.   After regulation 9 , the following regulations are inserted:

9A.   Appointment of chief executive officer

(1)  The Board must recommend to the Minister in writing –

(a) a person, other than a member of the Board, suitable for appointment as CEO of the Board; and

(b) the remuneration and allowances to be paid to the CEO.

(2)  The Minister is to consider the Board's recommendation under subregulation (1)(a) and –

(a) appoint as CEO the person recommended by the Board as suitable; or

(b) reject the Board's recommendation and request the Board to recommend another person for appointment.

(3)  The CEO is entitled to the remuneration and allowances determined by the Minister, taking into account the Board's recommendation under subregulation (1)(b) , and specified in the instrument of appointment.

(4)  The remuneration and allowances specified in the instrument of appointment are to be paid by the Board.

9B.   Conditions of appointment of CEO

(1)  A person appointed as CEO –

(a) holds office –

(i) for a term of not more than 5 years specified in the instrument of appointment; and

(ii) on the conditions specified in that instrument; and

(b) is eligible for reappointment.

(2)  The CEO must not engage in paid employment outside the duties of the office unless –

(a) the instrument of appointment otherwise allows; and

(b) the CEO receives approval in writing from the Minister.

(3)  The appointment of CEO is not invalid by reason only of a defect or irregularity in the appointment or instrument of appointment.

(4)  Where a person is appointed as CEO –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) the application of the Public Sector Superannuation Reform Act 1999 extends to the CEO as if he or she were an employee for the purposes of that Act; and

(c) subject to subregulation (5) , he or she is to be a member of the accumulation scheme.

(5)  The CEO may elect by notice in writing given to the Board, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(6)  The CEO is entitled to employer superannuation contributions at the rate specified in the Public Sector Superannuation Reform Act 1999 .

(7)  Subregulations (4) , (5) and (6) do not apply to a person who, immediately before his or her appointment as CEO, was a contributor to the contributory scheme.

(8)  Where the CEO makes an election under subregulation (5) , the Board is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.

(9)  The CEO is an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .

(10)  For the purposes of regulation 9(6) , the CEO becomes a candidate for election as a member of a House of Parliament if the CEO is nominated for that election in accordance with the law regulating the election.

(11)  Clause 8 of Schedule 2 applies to the CEO as if he or she were an officer of the Board.

9C.   Functions and duties of CEO

(1)  The CEO is responsible to the Board for the Board’s general administration and management.

(2)  In performing his or her functions or exercising his or her duties, the CEO must –

(a) ensure that the decisions and activities of the officers of the Board are directed towards achieving the Board’s objectives; and

(b) ensure that the Board has access to the skills, facilities and resources required to achieve the Board’s objectives; and

(c) ensure that the Board’s activities are conducted in an efficient and economical manner; and

(d) manage the research and development activities of the Board; and

(e) provide advice to the Board on issues affecting the administration of the Act.

(3)  The CEO is the Secretary to the Board.

9D.   Termination of appointment of CEO

(1)  The Board –

(a) may recommend to the Minister that the appointment of the CEO be terminated; and

(b) if it so recommends, must provide the Minister with reasons, in writing, for that recommendation.

(2)  The Minister, after consulting with the Board or receiving a recommendation under subregulation (1)(a) , may terminate the employment of the CEO in accordance with the instrument of appointment.

6.    Regulation 10 is amended by inserting after subregulation (4) the following subregulation:

(5)  For the purposes of this regulation, a reference to an officer of the Board includes a reference to the CEO.

7.    Schedule 1 is amended as follows:

(a) by omitting "regulation 7(1)(b)" from the definition of election in clause 1 and substituting " regulation 7(1A)(b) ";

(b) by omitting from clause 4(1)(b)(i) "regulation 7(1)(b)(i)" and substituting " regulation 7(1A)(b)(i) ";

(c) by omitting from clause 4(1)(b)(ii) "eligible employees" and substituting "members of the accumulation scheme";

(d) by omitting from clause 4(1)(b)(ii) "regulation 7(1)(b)(ii)" and substituting " regulation 7(1A)(b)(ii) ";

(e) by omitting from clause 4(3) "regulation 7(1)(b)(i) and (ii)" and substituting " regulation 7(1A)(b)(i) and (ii) ";

(f) by inserting the following subclause after subclause (2) in clause 6 :

(3) The Board is to provide to the returning officer a true and complete list of all members of the accumulation scheme who are not included in the lists provided to the returning officer under subclause (2) .

(g) by omitting from clause 7 "An employee" and substituting "A person";

(h) by omitting from clause 7(a) "regulation 7(1)(b)(i)" and substituting " regulation 7(1A)(b)(i) ";

(i) by omitting from clause 7(b) "regulation 7(1)(b)(ii)" and substituting " regulation 7(1A)(b)(ii) ";

(j) by omitting from clause 7(b) "an eligible employee" and substituting "a member of the accumulation scheme";

(k) by omitting from clause 8 "A contributor or an eligible employee" and substituting "A person";

(l) by omitting Form 1 from the Annexure and substituting the following form:

Form 1 - NOMINATION OF CANDIDATE FOR ELECTION AS MEMBER OF RETIREMENT BENEFITS FUND BOARD

8.    Schedule 2 is amended as follows:

(a) by omitting clause 1 and substituting the following clause:

1.   Application of Schedule

Except for clause 8 , this Schedule does not apply to the CEO.

(b) by omitting clause 4 ;

(c) by omitting from clause 5 "and the Secretary".

[Second reading presentation speech made in:

House of Assembly on 30 NOVEMBER 2000

Legislative Council on 6 DECEMBER 2000]