Superannuation Act 1976

The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:

for prescribing the manner in which notices and other documents under this Act may be given or served; and

for prescribing penalties not exceeding 20 penalty units for offences against the regulations.

Part IA of the Crimes Act 1914 contains provisions dealing with penalties.

If a provision of this Act refers to a provision (the former provision) of the Rules for the administration of the Public Sector Superannuation Scheme, then:

if a change is made to those Rules so that the former provision is replaced by another provision of those Rules (the new provision)—the regulations may amend this Act by omitting from that provision of this Act the reference to the former provision and substituting a reference to the new provision; or

if those Rules are replaced by new Rules—the regulations may amend this Act by omitting from that provision of this Act the reference to the former provision and substituting a reference to the corresponding provision of the new Rules.

Regulations made as mentioned in subsection (1A) may commence on a day earlier than the day on which they are made, but not earlier than the day on which the former provision was replaced by the new provision or by the corresponding provision of the new Rules, as the case may be.

Regulations made within a period of 30 months after the commencing day may be expressed to have taken effect from and including a day not earlier than the commencing day.

Subject to subsection (5), regulations made after 31 December 1978 by virtue of subsection 11(4) or 126(2), or made for the purposes of the definition of approved authority in subsection 3(1), may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the regulations.

Regulations made within the period of 12 months after the commencement of this subsection by virtue of section 14A in relation to:

persons who are deemed to have been re‑appointed to the Australian Public Service in pursuance of section 87Q of the Public Service Act; or

persons who are, or are deemed to be, re‑appointed (otherwise than to the Australian Public Service) or re‑employed in circumstances similar to the circumstances in which a person could be re‑appointed to the Australian Public Service under section 63F, 63G or 66B of the Public Service Act or could be deemed to be re‑appointed to the Australian Public Service in accordance with section 87Q of that Act;

Regulations made after the commencement of this subsection for the purposes of the definition of maximum retiring age or minimum retiring age in subsection 3(1) may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the regulations.

Regulations made within a period of 2 years after the commencement of this subsection by virtue of subsection 126(2) with respect to persons to whom paragraph (b) of the definition of prescribed teacher in section 43P of the Commonwealth Teaching Service Act 1972 applies may be expressed to have taken effect from and including a day not earlier than 31 March 1977.

Regulations made after the commencement of this subsection by virtue of subsection 159(3) may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the regulations.

Regulations made within a period of 2 years after the commencement of this subsection by virtue of section 180 may be expressed to have taken effect from and including a day not earlier than the commencing day.

Regulations made within a period of 12 months after the commencement of this subsection by virtue of section 5, 14A, 76, 126, 136, 144, 155A, 180 or 183 may be expressed to have taken effect from and including a day not earlier than 1 July 1990.

Regulations made within a period of 12 months after the commencement of this subsection for the purposes of section 126, 180 or 183 may be expressed to have taken effect from and including a day not earlier than the day of that commencement.

Regulations made within 2 years after the commencement of this subsection for the purposes of section 6A may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this subsection.

Regulations made within one year after the commencement of this subsection for the purposes of section 14A, 51, 126, 155, 180 or 183 may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this subsection.

Regulations made within one year after the commencement of this subsection for the purposes of the amendments of this Act made by Schedule 2 to the Superannuation Legislation Amendment Act 1995 may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this subsection.

Regulations may not be made after the commencement of this subsection unless:

CSC has consented to the making of the regulations; or

the regulations:

relate to a payment by an employer‑sponsor within the meaning of the SIS Act that will, after the making of the regulations, be required or permitted to be made under this Act; or

relate solely to the termination of the Fund; or

are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the SIS Act.

If any regulations in force at the commencement of this subsection confer a power on the Commissioner:

that power is exercisable after that commencement by CSC and not by the Commissioner; and

any determination, approval or other thing that was made, given or done by the Commissioner under that power before that commencement is taken, after that commencement, for the purposes of this Act (other than section 154, as in force at the commencement of this subsection, and Part XA) to have been made, given or done by CSC.

Regulations made after the commencement of this subsection:

for the purpose of the definition of statutory office in subsection 3(1); or

for the purposes of subsection 3(1AA);

If regulations are made after the commencement of this subsection for a purpose referred to in subsection (15) and, before the start of the period of 12 months before the making of the regulations, contributions have been accepted from, or in respect of:

if the regulations are made for the purpose mentioned in paragraph (15)(a)—the holder of the statutory office concerned; or

if the regulations are made for the purpose mentioned in paragraph (15)(b)—a person to whom the regulations relate;

Regulations made within one year after the commencement of this subsection for purposes arising from any amendment of this Act made by Schedule 1 to the Superannuation Legislation Amendment (Superannuation Contributions Tax) Act 1997 may commence on a day:

earlier than the day on which they are made; but

not earlier than the commencement of this subsection.

If:

a provision of the regulations is incorrect, inadequate or ineffective because of a provision of any Act (including an Act amending this Act) that was enacted after the provision of the regulations was made; and

the incorrectness, inadequacy or ineffectiveness could be remedied by an appropriate amendment of the regulations;

Regulations made within one year after the commencement of this subsection for purposes arising from any amendment of this Act made by the Superannuation Legislation Amendment (Post‑retirement Commutations) Act 2001 may commence on a day:

earlier than the day on which they are made; but

not earlier than the commencement of this subsection.

Regulations made within one year after the commencement of this subsection for purposes arising from any amendment of this Act made by the Superannuation Legislation Amendment (Indexation) Act 2001 may commence on a day:

earlier than the day on which they are made; but

not earlier than the commencement of this subsection.

Regulations made within one year after the commencement of this subsection for purposes arising from any amendment of this Act made by the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004 may commence on a day:

earlier than the day on which they are made; but

not earlier than the commencement of this subsection.