State Employees Retirement Benefits Act 1979

The Governor in Council may by Order in Council—

specify standards and conditions for the preservation of specified employer and member contributions and benefits; and

specify the method, manner and form in which preserved contributions may be paid as a benefit; and

specify maximum fees and charges which the Board may impose on specified types of benefits; and

specify processes and requirements in respect of the administration and operation of Part IVA; and

specify the benefits and entitlements of non-members spouses under Part IVA; and

specify the circumstances (other than death, disability or ill health) in which an application for an early release of benefits may be made; and

specify the benefits in respect of which an application for an early release may be made; and

specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.

An Order in Council made under this section—

must be published in the Government Gazette;

takes effect on and from the date on which it is published or any later date of commencement as may be specified in the Order in Council;

may apply, adopt or incorporate (with or without modification) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the Order in Council is made.

Any Order in Council made before the enactment of the Superannuation Acts (Family Law) Act 2003 has force and effect as if it had been made under this section as amended by section 17(1) of that Act.