1Short title [see Note 1]
This Act may be cited as the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011.
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Bill homepage (APH)This Act may be cited as the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 June 2011 |
2. Schedules 1 and 2 | Immediately after the commencement of section 2 of the Governance of Australian Government Superannuation Schemes Act 2011. | 1 July 2011 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.
Schedule 1—Consequential amendments
Part 1—General amendments
Administrative Appeals Tribunal Act 1975
1 Subsection 3(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
2 Subsections 13(12), (13) and (14)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
3 Subsections 24K(4), (5) and (6)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Auditor‑General Act 1997
4 Subsection 5(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
5 Subsection 14(1)
Repeal the subsection, substitute:
A person or body whose financial statements are audited as mentioned in:
section 12 or 13 of this Act; or
subsection 30(3) of the Governance of Australian Government Superannuation Schemes Act 2011;
is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.
6 Paragraph 6(4)(b) of Schedule 1
Omit “the Board (within the meaning of the Superannuation Act 1976)”, substitute “CSC”.
7 Paragraph 6(5)(b) of Schedule 1
Omit “the Board (within the meaning of the Superannuation Act 1990)”, substitute “CSC”.
8 Paragraph 6(6)(b) of Schedule 1
Omit “the Board (within the meaning of the Superannuation Act 2005)”, substitute “CSC”.
9 Paragraph 5(4)(b) of Schedule 2
Omit “the Board (within the meaning of the Superannuation Act 1976)”, substitute “CSC”.
10 Paragraph 5(5)(b) of Schedule 2
Omit “the Board (within the meaning of the Superannuation Act 1990)”, substitute “CSC”.
11 Paragraph 5(6)(b) of Schedule 2
Omit “the Board (within the meaning of the Superannuation Act 2005), substitute “CSC”.
Australian Crime Commission Act 2002
12 Subsection 4(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
13 Subsections 44(4), (5) and (6)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
14 Subsections 46H(3), (4) and (5)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Australian Federal Police Act 1979
15 Subsection 4(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
16 Subsections 32(4), (5) and (6)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
17 Section 41 (definition of superannuation authority)
Repeal the definition, substitute:
superannuation authority means:
in relation to the superannuation scheme established by the Superannuation Act 1976 or by deed under the Superannuation Act 1990—CSC; or
in any other case—the person (however described) responsible for the administration of the relevant superannuation scheme.
Australian Prudential Regulation Authority Act 1998
18 Subsection 3(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
19 Subsections 25(3), (4) and (5)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Australian Radiation Protection and Nuclear Safety Act 1998
20 Section 13
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
21 Paragraph 51(4)(b)
Omit “the Board (within the meaning of the Superannuation Act 1976)”, substitute “CSC”.
22 Paragraph 51(5)(b)
Omit “the Board (within the meaning of the Superannuation Act 1990)”, substitute “CSC”.
23 Paragraph 51(6)(b)
Omit “the Board (within the meaning of the Superannuation Act 2005)”, substitute “CSC”.
Australian Securities and Investments Commission Act 2001
24 Subsection 5(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
25 Subsections 111(3), (4) and (5)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Building and Construction Industry Improvement Act 2005
26 Subsection 4(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
27 Subsections 24(3), (4) and (5)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Classification (Publications, Films and Computer Games) Act 1995
28 Section 5
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
29 Subsections 65(4), (5) and (5A)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
30 Subsections 83(4), (5) and (6)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Coordinator‑General for Remote Indigenous Services Act 2009
31 Section 4
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
32 Subsections 26(3), (4) and (5)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Crimes (Superannuation Benefits) Act 1989
33 Subsection 2(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
34 Subsection 2(1) (definition of superannuation authority)
Repeal the definition, substitute:
superannuation authority means:
in relation to the superannuation scheme established by the Superannuation Act 1976 or by deed under the Superannuation Act 1990—CSC; or
in any other case—the person (however described) responsible for the administration of the relevant superannuation scheme.
Defence Act 1903
35 Section 53
Omit “the Authority established under section 8 of the Defence Force Retirement and Death Benefits Act 1973”, substitute “CSC (within the meaning of the Governance of Australian Government Superannuation Schemes Act 2011)”.
Defence Force Retirement and Death Benefits Act 1973
36 Subsection 3(1) (at the end of the definition of Authority)
Add “, as in force before its repeal by item 44 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011”.
Note: For other amendments of this Act, see Part 2 of this Schedule.
37 Subsection 3(1) (definition of Board)
Repeal the definition.
38 Subsection 3(1) (definition of Commissioner for Superannuation)
Repeal the definition, substitute:
Commissioner for Superannuation has the same meaning as Commissioner has in the Superannuation Act.
39 Subsection 3(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
40 Subsection 3(1)
Insert:
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
41 Subsection 3(1)
Insert:
decision of CSC means a decision of CSC or a delegate of CSC under:
this Act; or
the Defence Forces Retirement Benefits Act 1948; or
any other Act that relates to retirement benefits for members of the Defence Force and modifies or affects the provisions of the Defence Forces Retirement Benefits Act 1948.
42 Subsection 3(1)
Insert:
Defence Force Case Assessment Panel means the Panel established under section 100.
43 Subsection 3(1)
Insert:
Defence Forces Retirement Benefits Board or Board means the Defence Forces Retirement Benefits Board as in existence before being abolished by section 91 of the Defence Legislation Amendment Act 1984.
44 Part II
Repeal the Part.
45 Subparagraph 36(1)(b)(i)
Omit “the Commissioner for Superannuation”, substitute “CSC”.
46 Subsection 49C(2)
Omit “the Chairman”, substitute “CSC”.
47 Section 61
Omit “the Commissioner for Superannuation”, substitute “CSC”.
Note: The heading to section 61 is altered by omitting “Commissioner for Superannuation” and substituting “CSC”.
48 Section 61
Omit “the Commissioner”, substitute “CSC”.
49 Section 61A
Omit “the Board” (wherever occurring), substitute “CSC”.
Note: The heading to section 61A is altered by omitting “Board” and substituting “CSC”.
50 Subsection 85(1) (definition of Board)
Repeal the definition.
51 Part XI (heading)
Repeal the heading, substitute:
52 Before section 99
Insert:
53 Subsection 99(1)
Repeal the subsection.
Note: The heading to section 99 is altered by omitting “Authority” and substituting “CSC”.
54 Subsection 99(2)
Omit “the Authority” (wherever occurring), substitute “CSC”.
55 Subsection 99(4)
Repeal the subsection, substitute:
After receiving a request for reconsideration of a decision, CSC must:
refer the decision to the Defence Force Case Assessment Panel for the Panel to make recommendations to CSC in relation to the decision; or
refer the decision to the Defence Force Case Assessment Panel for the Panel to reconsider the decision; or
reconsider the decision itself.
If CSC reconsiders a decision, it may:
confirm the decision; or
vary the decision; or
set aside the decision and substitute a new decision.
56 Subsection 99(5)
Omit “The Authority”, substitute “CSC”.
57 Subsection 99(6)
Repeal the subsection.
58 At the end of Part XI
Add:
CSC must establish the Defence Force Case Assessment Panel.
The Panel comprises:
a director of CSC nominated by the Chief of the Defence Force under the Governance of Australian Government Superannuation Schemes Act 2011, as determined by CSC; and
a person nominated, in writing, by the Chief of the Air Force; and
a person nominated, in writing, by the Chief of the Army; and
a person nominated, in writing, by the Chief of the Navy; and
up to 2 other persons, as determined by CSC.
The director of CSC determined by CSC under paragraph (1)(a) is to be the Chair of the Panel.
The functions of the Panel are to review any decision referred to it under this Part and:
if CSC has delegated its powers to reconsider the decision to the Panel—to confirm, vary, substitute or set aside the decision; or
if CSC has delegated to the Panel any of CSC’s powers in relation to the decision (other than the power to reconsider the decision)—to exercise those powers; or
in any other case—to make recommendations to CSC in relation to the decision.
Note: Paragraph (c)—see section 106.
When reviewing a decision, the Panel:
must take into account any evidence relevant to the decision that is submitted to it; and
may also take steps to obtain any other evidence that it considers necessary for a proper review of the decision.
Subject to any directions given by CSC, the Panel may regulate its proceedings as the Panel thinks fit.
If a direction is given in writing, the direction is not a legislative instrument.
Any matter or thing done, or omitted to be done, in good faith by a member of the Panel in the performance of functions under this Division does not subject him or her to any action, liability, claim or demand.
See also section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.
A member of the Panel is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid such remuneration as is prescribed.
A member of the Panel is to be paid such allowances (if any) as are prescribed.
This section has effect subject to the Remuneration Tribunal Act 1973.
If the Panel makes recommendations to CSC in relation to a decision referred to it, then, after CSC takes into account:
the recommendations of the Panel; and
any other matter that CSC considers relevant;
CSC must make a decision in writing:
confirming the decision under review; or
varying the decision under review; or
setting aside the decision under review and substituting a new decision.
CSC’s written decision must include the reasons for its decision.
CSC must make a copy of its written decision available to the applicant.
Applications may be made to the Administrative Appeals Tribunal for:
review of a decision of CSC that has been confirmed or varied by CSC under paragraph 99(4A)(a) or (b); and
review of a decision of CSC that has been confirmed or varied by the Panel under paragraph 102(1)(a); and
review of a decision of CSC that has been confirmed or varied by CSC under paragraph 106(1)(c) or (d).
Defence Forces Retirement Benefits Act 1948
59 Subsection 4(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
60 Subsection 4(1) (definition of the Authority)
Repeal the definition, substitute:
the Authority means the Defence Force Retirement and Death Benefits Authority established by section 8 of the Defence Force Retirement and Death Benefits Act 1973, as in force before its repeal by item 44 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011.
61 Section 12A
Repeal the section.
62 Paragraphs 57(3)(b) and (3A)(b)
Omit “the Authority”, substitute “CSC”.
63 Subsections 58(2), 63(1) and 64AA(1)
Omit “the Authority” (wherever occurring), substitute “CSC”.
64 Subsection 64AA(2)
Omit “The Authority”, substitute “CSC”.
65 Subsection 64AA(2)
Omit “the Authority”, substitute “CSC”.
66 Paragraphs 64AA(3)(b) and (5)(b)
Omit “the Authority”, substitute “CSC”.
67 Subsection 64AB(1)
Omit “the Authority” (wherever occurring), substitute “CSC”.
68 Paragraph 64AB(2)(b)
Omit “the Authority”, substitute “CSC”.
69 Subsection 64AC(1)
Omit “the Authority” (wherever occurring), substitute “CSC”.
70 Paragraph 64AC(2)(b)
Omit “the Authority”, substitute “CSC”.
71 Section 64A
Omit “the Authority” (wherever occurring), substitute “CSC”.
72 Section 80A (definition of Chairman)
Repeal the definition.
73 Paragraph 80B(1)(a)
Omit “the Chairman”, substitute “CSC”.
74 Subsection 80C(2)
Omit “the Chairman”, substitute “CSC”.
75 Subsection 85A(1)
Omit “the Authority”, substitute “CSC”.
76 Subsections 85A(2) and (4)
Omit “the Authority” (wherever occurring), substitute “CSC”.
77 Subsection 85A(6)
Omit “the Authority”, substitute “CSC”.
78 Paragraphs 85A(8)(a) and (b)
Omit “the Authority”, substitute “CSC”.
79 Section 86
Omit “The Authority”, substitute “CSC”.
80 Section 86A
Omit “the Authority” (wherever occurring), substitute “CSC”.
Director of Public Prosecutions Act 1983
81 Subsection 3(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
82 Subsections 23(3), (4) and (5)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Family Law Act 1975
83 Subsection 4(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
84 Subsections 38K(4), (5) and (6)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Federal Court of Australia Act 1976
85 Section 4
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
86 Subsections 18K(4), (5) and (6)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
87 Subsections 37I(3), (4) and (5)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Financial Management and Accountability Regulations 1997
88 Part 1 of Schedule 1 (table item 135)
Repeal the item, substitute:
135 | ComSuper, comprising: (a) the Chief Executive Officer; and (b) the staff mentioned in section 19 of the ComSuper Act 2011; and (c) consultants engaged under section 20 of that Act. See Note B | Chief Executive Officer |
89 Part 2 of Schedule 1
Repeal the Part.
Gene Technology Act 2000
90 Subsection 10(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
91 Paragraph 119(5)(b)
Omit “the Board (within the meaning of the Superannuation Act 1976)”, substitute “CSC”.
92 Paragraph 119(6)(b)
Omit “the Board (within the meaning of the Superannuation Act 1990)”, substitute “CSC”.
93 Paragraph 119(7)(b)
Omit “the Board (within the meaning of the Superannuation Act 2005)”, substitute “CSC”.
Governor‑General Act 1974
94 Subsection 2A(2)
Insert:
Finance Department means the Department administered by the Minister administering the Financial Management and Accountability Act 1997.
Finance Secretary means the Secretary of the Finance Department.
95 Subsection 2A(2) (definition of the Commissioner)
Repeal the definition.
96 Paragraph 2B(3)(b)
Omit “Commissioner”, substitute “Finance Secretary”.
97 Subsection 2B(5)
Omit “Commissioner”, substitute “Finance Secretary”.
98 Subparagraph 2C(b)(iii)
Omit “Commissioner’s”, substitute “Finance Secretary’s”.
99 Subsections 4A(1) and (3)
Omit “Commissioner”, substitute “Finance Secretary”.
100 Section 4B
Omit “Commissioner”, substitute “Finance Secretary”.
101 After section 15
Insert:
The Finance Secretary may delegate, in writing, all or any of the Finance Secretary’s powers under this Act to an SES employee or acting SES employee in the Finance Department.
In exercising powers under a delegation, the delegate must comply with any written directions of the Finance Secretary.
Inspector‑General of Taxation Act 2003
102 Section 4
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
103 Subsections 35(3), (4) and (5)
Omit “the Board (within the meaning of that Act)”, substitute “CSC”.
Military Superannuation and Benefits Act 1991
104 Subsection 3(1) (at the end of the definition of Board)
Add “, as in force before its repeal by item 110 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011”.
For other amendments of this Act, see Part 2 of this Schedule.
105 Subsection 3(1) (definition of Chairperson)
Repeal the definition.
106 Subsection 3(1) (definition of Commissioner)
Repeal the definition.
107 Subsection 3(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
108 Subsection 3(1) (at the end of the definition of Fund)
Add:
From 1 July 2011, the fund is vested in CSC.
109 Subsection 3(1) (definition of trustee)
Repeal the definition.
110 Parts 6 and 7
Repeal the Parts, substitute:
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