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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
Governance of Australian Government
Superannuation Schemes Legislation
Amendment Bill 2015
No. , 2015
(Finance)
A Bill for an Act to amend the law relating to
superannuation, and for related purposes
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments and repeals relating to the merger of
CSC and ComSuper
3
Part 1--Amendment of the Governance of Australian
Government Superannuation Schemes Act 2011
3
Governance of Australian Government Superannuation Schemes Act
2011
3
Part 2--Consequential amendments
8
Defence Force Retirement and Death Benefits Act 1973
8
Military Superannuation and Benefits Act 1991
10
Papua New Guinea (Staffing Assistance) Act 1973
12
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--
Superannuation) Act 2008
13
Superannuation Act 1976
16
Superannuation Act 1990
18
Superannuation Act 2005
20
Part 3--Repeal of the ComSuper Act 2011
21
ComSuper Act 2011
21
Schedule 2--Transitional provisions relating to the merger of
CSC and ComSuper
22
Part 1--Preliminary
22
Part 2--Assets, liabilities and legal proceedings
24
Part 3--References to, and things done by or in relation to,
ComSuper
27
Part 4--The CEO of ComSuper and the staff of ComSuper and
CSC
29
Division 1--The CEO of ComSuper
29
ii
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
Division 2--The staff of ComSuper and CSC
29
Division 3--Transfer of business
31
Part 5--Reporting
33
Part 6--Miscellaneous
34
Part 7--Rules
36
Schedule 3--Amendments relating to payment of
administration fees
38
Governance of Australian Government Superannuation Schemes Act
2011
38
Superannuation Act 2005
38
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
1
A Bill for an Act to amend the law relating to
1
superannuation, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Governance of Australian
5
Government Superannuation Schemes Legislation Amendment Act
6
2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
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.
2. Schedules 1 to
3
A day or days to be fixed by Proclamation.
However, if any of the provisions do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments and repeals relating to the merger of CSC and ComSuper Schedule 1
Amendment of the Governance of Australian Government Superannuation Schemes Act
2011 Part 1
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
3
Schedule 1
--Amendments and repeals
1
relating to the merger of CSC and
2
ComSuper
3
Part 1
--Amendment of the Governance of Australian
4
Government Superannuation Schemes Act
5
2011
6
Governance of Australian Government Superannuation
7
Schemes Act 2011
8
1 Section 4
9
Insert:
10
Account means the CSC Special Account established by
11
section 29E.
12
2 At the end of Division 1 of Part 3
13
Add:
14
29A Making payments on behalf of the Commonwealth
15
CSC may, on behalf of the Commonwealth, make payments under:
16
(a) each Act administered by CSC; and
17
(b) section 4 of the Same-Sex Relationships (Equal Treatment in
18
Commonwealth Laws--Superannuation) Act 2008.
19
29B Receiving payments or other amounts on behalf of the
20
Commonwealth
21
CSC may, on behalf of the Commonwealth, receive:
22
(a) payments of amounts that are payable to the Commonwealth
23
under each Act administered by CSC; and
24
(b) other amounts related to each Act administered by CSC.
25
Schedule 1 Amendments and repeals relating to the merger of CSC and ComSuper
Part 1 Amendment of the Governance of Australian Government Superannuation
Schemes Act 2011
4
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
29C Recovering debts owing to the Commonwealth
1
Rules made for the purposes of the Public Governance,
2
Performance and Accountability Act 2013 in relation to recovery
3
of debts owing to the Commonwealth apply to CSC in the same
4
way as those rules apply to a non-corporate Commonwealth entity
5
(within the meaning of that Act).
6
29D Instruments in relation to payments, other amounts or debts
7
(1) The Minister may, by legislative instrument, provide in relation to
8
the performance of CSC's functions in relation to payments, other
9
amounts or debts referred to in any of sections 29A to 29C.
10
(2) Before making an instrument, the Minister must consult the Board
11
on the instrument.
12
(3) Subsection (1) does not apply to the extent that:
13
(a) an instrument relates to CSC's obligations as a trustee under
14
a law of the Commonwealth, except to the extent permitted
15
by such a law; or
16
(b) an instrument is inconsistent with the Board's performance of
17
functions or exercise of powers under the Public
18
Governance, Performance and Accountability Act 2013
19
(including under rules made for the purposes of that Act in
20
relation to recovery of debts owing to the Commonwealth).
21
Division 1A--CSC Special Account
22
29E CSC Special Account
23
(1) The CSC Special Account is established by this section.
24
(2) The Account is a special account for the purposes of the Public
25
Governance, Performance and Accountability Act 2013.
26
29F Credits to the Account
27
There must be credited to the Account amounts equal to all money
28
received from any person for the purposes of the Account.
29
Amendments and repeals relating to the merger of CSC and ComSuper Schedule 1
Amendment of the Governance of Australian Government Superannuation Schemes Act
2011 Part 1
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
5
Note:
An Appropriation Act provides for amounts to be credited to a special
1
account if any of the purposes of the special account is a purpose that
2
is covered by an item in the Appropriation Act.
3
29G Purposes of the Account
4
(1) This section sets out the purposes of the Account.
5
(2) Amounts standing to the credit of the Account may be debited for
6
the following purposes:
7
(a) to pay or discharge the costs, expenses or other obligations
8
incurred by CSC in the performance of its functions under
9
this Act or another law of the Commonwealth, to the extent
10
that the Commonwealth agrees, or is required under an Act
11
administered by CSC or instrument made under such an Act,
12
to meet those costs, expenses or obligations;
13
(b) to pay any remuneration and allowances payable to:
14
(i) a director in accordance with section 34; or
15
(ii) a member of a panel or committee (however described)
16
established, under an Act administered by CSC or an
17
instrument made under such an Act, to review a
18
decision of CSC;
19
(c) to meet the expenses of administering the Account;
20
(d) to repay, as required by law, amounts that have been credited
21
to the Account;
22
(e) to reduce the balance of the Account (and, therefore, the
23
available appropriation for the Account) without making a
24
real or notional payment.
25
Note:
See section 80 of the Public Governance, Performance and
26
Accountability Act 2013 (which deals with special accounts).
27
3 Section 32
28
Repeal the section, substitute:
29
32 Exemption from taxation--CSC
30
CSC generally exempt from taxation
31
(1) CSC is not subject to taxation under a law of the Commonwealth,
32
except:
33
Schedule 1 Amendments and repeals relating to the merger of CSC and ComSuper
Part 1 Amendment of the Governance of Australian Government Superannuation
Schemes Act 2011
6
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
(a) as provided by this section; or
1
(b) under a law prescribed by the regulations.
2
(2) CSC is not subject to taxation under a law of a State or Territory,
3
except under a law prescribed by the regulations.
4
CSC subject to taxation--income tax
5
(3) CSC is subject to taxation under the Income Tax Assessment Act
6
1936 and the Income Tax Assessment Act 1997, except in relation
7
to:
8
(a) any payment to CSC in relation to which an amount is
9
debited from the Account; or
10
(b) any payment to CSC of money appropriated by the
11
Parliament for the purposes of CSC.
12
CSC subject to taxation--goods and services tax
13
(4) CSC is subject to taxation under the A New Tax System (Goods and
14
Services Tax) Act 1999.
15
CSC subject to taxation--fringe benefits tax
16
(5) CSC is subject to taxation under the Fringe Benefits Tax
17
Assessment Act 1986.
18
4 Paragraph 34(1)(b)
19
Omit ", which is appropriated accordingly".
20
5 At the end of subsection 34(1)
21
Add:
22
Note:
The CSC Special Account is debited when the remuneration and
23
allowances are paid out of the Consolidated Revenue Fund (see
24
paragraph 29G(2)(b)).
25
6 Paragraph 34(2)(b)
26
Omit ", which is appropriated accordingly".
27
7 At the end of subsection 34(2)
28
Add:
29
Amendments and repeals relating to the merger of CSC and ComSuper Schedule 1
Amendment of the Governance of Australian Government Superannuation Schemes Act
2011 Part 1
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
7
Note:
The CSC Special Account is debited when the remuneration and
1
allowances are paid out of the Consolidated Revenue Fund (see
2
paragraph 29G(2)(b)).
3
8 Paragraphs 36(1)(c) and (d)
4
Repeal the paragraphs.
5
9 Subsection 36(2)
6
After "its delegates", insert "(other than decisions relating to recovery
7
of debts owing to the Commonwealth)".
8
10 Paragraph 36(3)(b)
9
Omit "(c), (d),".
10
11 Subsection 36(4)
11
Repeal the subsection.
12
12 Subsection 36(5)
13
Omit "(d),".
14
13 Section 37
15
Repeal the section, substitute:
16
37 Long service leave
17
CSC is a public authority of the Commonwealth within the
18
meaning of the Long Service Leave (Commonwealth Employees)
19
Act 1976.
20
Schedule 1 Amendments and repeals relating to the merger of CSC and ComSuper
Part 2 Consequential amendments
8
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
Part 2
--Consequential amendments
1
Defence Force Retirement and Death Benefits Act 1973
2
14 Paragraph 124B(2)(b)
3
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
4
15 Subsection 124B(3)
5
Omit "the Chief Executive Officer of ComSuper" (wherever occurring),
6
substitute "the Board of CSC".
7
16 Application of amendments
8
The amendments of section 124B of the Defence Force Retirement and
9
Death Benefits Act 1973 made by this Schedule apply in relation to any
10
payments made under subsection 124B(1) of that Act, whether before or
11
after this item commences.
12
17 Paragraph 124C(1)(d)
13
Omit "the Chief Executive Officer of ComSuper", substitute "the chief
14
executive officer (however described) of CSC".
15
18 Paragraph 124C(3)(b)
16
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
17
19 Application of amendment
18
The amendment of subsection 124C(3) of the Defence Force Retirement
19
and Death Benefits Act 1973 made by this Schedule applies in relation
20
to any payment made under subsection 124C(1) of that Act, whether
21
before or after this item commences.
22
20 Section 124D
23
Repeal the section, substitute:
24
Amendments and repeals relating to the merger of CSC and ComSuper Schedule 1
Consequential amendments Part 2
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
9
124D Reports about recoverable payments and recoverable death
1
payments
2
(1) CSC must cause a report of the following information to be
3
published, in such manner as the Board of CSC thinks fit:
4
(a) the number of payments that any employee of CSC was
5
aware of that were made under subsection 124B(1) or
6
124C(1) during the reporting period (see subsection (2) of
7
this section);
8
(b) the total amount of payments referred to in paragraph (a);
9
(c) the number of payments made under subsection 124B(1) or
10
124C(1) that any employee of CSC became aware of during
11
the reporting period that were made during an earlier
12
reporting period;
13
(d) the total amount of payments referred to in paragraph (c);
14
(e) for each payment referred to in paragraph (c)--the reporting
15
period in which the payment was made.
16
(2) The reporting period is:
17
(a) a financial year; or
18
(b) if a shorter recurring period is prescribed under
19
paragraph (5)(a)--that period.
20
(3) A report is not required if no employee of CSC is aware of any
21
payments referred to in paragraph (1)(a) or (c).
22
When report must be provided
23
(4) The report must be provided before the end of the following
24
period:
25
(a) 4 months after the end of the reporting period;
26
(b) if a lesser number of months has been prescribed for the
27
reporting period under paragraph (5)(b)--that number of
28
months after the end of the reporting period.
29
Power to make legislative instruments
30
(5) The Minister may, by legislative instrument, prescribe:
31
(a) a period for the purposes of paragraph (2)(b); or
32
Schedule 1 Amendments and repeals relating to the merger of CSC and ComSuper
Part 2 Consequential amendments
10
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
(b) a number of months for a reporting period for the purposes of
1
paragraph (4)(b).
2
Military Superannuation and Benefits Act 1991
3
21 Paragraph 16B(2)(b)
4
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
5
22 Subsection 16B(3)
6
Omit "the Chief Executive Officer of ComSuper" (wherever occurring),
7
substitute "the Board of CSC".
8
23 Application of amendments
9
The amendments of section 16B of the Military Superannuation and
10
Benefits Act 1991 made by this Schedule apply in relation to any
11
payments made under subsection 16B(1) of that Act, whether before or
12
after this item commences.
13
24 Paragraph 16C(1)(d)
14
Omit "the Chief Executive Officer of ComSuper", substitute "the chief
15
executive officer (however described) of CSC".
16
25 Paragraph 16C(3)(b)
17
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
18
26 Application of amendment
19
The amendment of subsection 16C(3) of the Military Superannuation
20
and Benefits Act 1991 made by this Schedule applies in relation to any
21
payment made under subsection 16C(1) of that Act, whether before or
22
after this item commences.
23
27 Section 16D
24
Repeal the section, substitute:
25
Amendments and repeals relating to the merger of CSC and ComSuper Schedule 1
Consequential amendments Part 2
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
11
16D Reports about recoverable payments and recoverable death
1
payments
2
(1) CSC must cause a report of the following information to be
3
published, in such manner as the Board of CSC thinks fit:
4
(a) the number of payments that any employee of CSC was
5
aware of that were made under subsection 16B(1) or 16C(1)
6
during the reporting period (see subsection (2) of this
7
section);
8
(b) the total amount of payments referred to in paragraph (a);
9
(c) the number of payments made under subsection 16B(1) or
10
16C(1) that any employee of CSC became aware of during
11
the reporting period that were made during an earlier
12
reporting period;
13
(d) the total amount of payments referred to in paragraph (c);
14
(e) for each payment referred to in paragraph (c)--the reporting
15
period in which the payment was made.
16
(2) The reporting period is:
17
(a) a financial year; or
18
(b) if a shorter recurring period is prescribed under
19
paragraph (5)(a)--that period.
20
(3) A report is not required if no employee of CSC is aware of any
21
payments referred to in paragraph (1)(a) or (c).
22
When report must be provided
23
(4) The report must be provided before the end of the following
24
period:
25
(a) 4 months after the end of the reporting period;
26
(b) if a lesser number of months has been prescribed for the
27
reporting period under paragraph (5)(b)--that number of
28
months after the end of the reporting period.
29
Power to make legislative instruments
30
(5) The Minister may, by legislative instrument, prescribe:
31
(a) a period for the purposes of paragraph (2)(b); or
32
Schedule 1 Amendments and repeals relating to the merger of CSC and ComSuper
Part 2 Consequential amendments
12
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
(b) a number of months for a reporting period for the purposes of
1
paragraph (4)(b).
2
28 Paragraph 51(c)
3
Repeal the paragraph.
4
Papua New Guinea (Staffing Assistance) Act 1973
5
29 Paragraph 62B(1)(d)
6
Omit "the Chief Executive Officer of ComSuper", substitute "the chief
7
executive officer (however described) of CSC".
8
30 Paragraph 62B(3)(b)
9
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
10
31 Application of amendment
11
The amendment of subsection 62B(3) of the Papua New Guinea
12
(Staffing Assistance) Act 1973 made by this Schedule applies in relation
13
to any payment made under subsection 62B(1) of that Act, whether
14
before or after this item commences.
15
32 Section 62C
16
Repeal the section, substitute:
17
62C Reports about recoverable death payments
18
(1) CSC must cause a report of the following information to be
19
published, in such manner as the Board of CSC thinks fit:
20
(a) the number of payments that any employee of CSC was
21
aware of that were made under subsection 62B(1) during the
22
reporting period (see subsection (2) of this section);
23
(b) the total amount of payments referred to in paragraph (a);
24
(c) the number of payments made under subsection 62B(1) that
25
any employee of CSC became aware of during the reporting
26
period that were made during an earlier reporting period;
27
(d) the total amount of payments referred to in paragraph (c);
28
(e) for each payment referred to in paragraph (c)--the reporting
29
period in which the payment was made.
30
Amendments and repeals relating to the merger of CSC and ComSuper Schedule 1
Consequential amendments Part 2
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
13
(2) The reporting period is:
1
(a) a financial year; or
2
(b) if a shorter recurring period is prescribed under
3
paragraph (5)(a)--that period.
4
(3) A report is not required if no employee of CSC is aware of any
5
payments referred to in paragraph (1)(a) or (c).
6
When report must be provided
7
(4) The report must be provided before the end of the following
8
period:
9
(a) 4 months after the end of the reporting period;
10
(b) if a lesser number of months has been prescribed for the
11
reporting period under paragraph (5)(b)--that number of
12
months after the end of the reporting period.
13
Power to make legislative instruments
14
(5) The Minister may, by legislative instrument, prescribe:
15
(a) a period for the purposes of paragraph (2)(b); or
16
(b) a number of months for a reporting period for the purposes of
17
paragraph (4)(b).
18
Same-Sex Relationships (Equal Treatment in
19
Commonwealth Laws--Superannuation) Act 2008
20
33 Subsection 4(9) (definition of Finance Minister)
21
Omit "Financial Management and Accountability Act 1997", substitute
22
"Public Governance, Performance and Accountability Act 2013".
23
34 Paragraph 5(2)(b)
24
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
25
35 Subsection 5(2) (note)
26
Repeal the note.
27
Schedule 1 Amendments and repeals relating to the merger of CSC and ComSuper
Part 2 Consequential amendments
14
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
36 Subsection 5(3)
1
Omit "the Chief Executive Officer of ComSuper" (wherever occurring),
2
substitute "the Board of CSC".
3
37 Subsection 5(3) (note)
4
Repeal the note.
5
38 Application of amendments
6
The amendments of section 5 of the Same-Sex Relationships (Equal
7
Treatment in Commonwealth Laws--Superannuation) Act 2008 made
8
by this Schedule apply in relation to any payments made under
9
subsection 5(1) of that Act, whether before or after this item
10
commences.
11
39 Paragraph 6(1)(d)
12
Omit "the Chief Executive Officer of ComSuper", substitute "the chief
13
executive officer (however described) of CSC".
14
40 Paragraph 6(3)(b)
15
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
16
41 Subsection 6(3) (note)
17
Repeal the note.
18
42 Application of amendments
19
The amendments of subsection 6(3) of the Same-Sex Relationships
20
(Equal Treatment in Commonwealth Laws--Superannuation) Act 2008
21
made by this Schedule apply in relation to any payment made under
22
subsection 6(1) of that Act, whether before or after this item
23
commences.
24
43 Section 7
25
Repeal the section, substitute:
26
Amendments and repeals relating to the merger of CSC and ComSuper Schedule 1
Consequential amendments Part 2
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
15
7 Reports about recoverable payments and recoverable death
1
payments
2
(1) CSC must cause a report of the following information to be
3
published, in such manner as the Board of CSC thinks fit:
4
(a) the number of payments that any employee of CSC was
5
aware of that were made under subsection 5(1) or 6(1) during
6
the reporting period (see subsection (2) of this section);
7
(b) the total amount of payments referred to in paragraph (a);
8
(c) the number of payments made under subsection 5(1) or 6(1)
9
that any employee of CSC became aware of during the
10
reporting period that were made during an earlier reporting
11
period;
12
(d) the total amount of payments referred to in paragraph (c);
13
(e) for each payment referred to in paragraph (c)--the reporting
14
period in which the payment was made.
15
(2) The reporting period is:
16
(a) a financial year; or
17
(b) if a shorter recurring period is prescribed under
18
paragraph (5)(a)--that period.
19
(3) A report is not required if no employee of CSC is aware of any
20
payments referred to in paragraph (1)(a) or (c).
21
When report must be provided
22
(4) The report must be provided before the end of the following
23
period:
24
(a) 4 months after the end of the reporting period;
25
(b) if a lesser number of months has been prescribed for the
26
reporting period under paragraph (5)(b)--that number of
27
months after the end of the reporting period.
28
Power to make legislative instruments
29
(5) The Minister administering the Public Governance, Performance
30
and Accountability Act 2013 may, by legislative instrument,
31
prescribe:
32
(a) a period for the purposes of paragraph (2)(b); or
33
Schedule 1 Amendments and repeals relating to the merger of CSC and ComSuper
Part 2 Consequential amendments
16
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
(b) a number of months for a reporting period for the purposes of
1
paragraph (4)(b).
2
Superannuation Act 1976
3
44 Paragraph 156B(2)(b)
4
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
5
45 Subsection 156B(3)
6
Omit "the Chief Executive Officer of ComSuper" (wherever occurring),
7
substitute "the Board of CSC".
8
46 Application of amendments
9
The amendments of section 156B of the Superannuation Act 1976 apply
10
in relation to any payments made under subsection 156B(1) of that Act,
11
whether before or after this item commences.
12
47 Paragraph 156C(1)(d)
13
Omit "the Chief Executive Officer of ComSuper", substitute "the chief
14
executive officer (however described) of CSC".
15
48 Paragraph 156C(3)(b)
16
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
17
49 Application of amendment
18
The amendment of subsection 156C(3) of the Superannuation Act 1976
19
applies in relation to any payment made under subsection 156C(1) of
20
that Act, whether before or after this item commences.
21
50 Section 156D
22
Repeal the section, substitute:
23
156D Reports about recoverable payments and recoverable death
24
payments
25
(1) CSC must cause a report of the following information to be
26
published, in such manner as the Board of CSC thinks fit:
27
Amendments and repeals relating to the merger of CSC and ComSuper Schedule 1
Consequential amendments Part 2
No. , 2015
Governance of Australian Government Superannuation Schemes
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17
(a) the number of payments that any employee of CSC was
1
aware of that were made under subsection 156B(1) or
2
156C(1) during the reporting period (see subsection (2) of
3
this section);
4
(b) the total amount of payments referred to in paragraph (a);
5
(c) the number of payments made under subsection 156B(1) or
6
156C(1) that any employee of CSC became aware of during
7
the reporting period that were made during an earlier
8
reporting period;
9
(d) the total amount of payments referred to in paragraph (c);
10
(e) for each payment referred to in paragraph (c)--the reporting
11
period in which the payment was made.
12
(2) The reporting period is:
13
(a) a financial year; or
14
(b) if a shorter recurring period is prescribed under
15
paragraph (5)(a)--that period.
16
(3) A report is not required if no employee of CSC is aware of any
17
payments referred to in paragraph (1)(a) or (c).
18
When report must be provided
19
(4) The report must be provided before the end of the following
20
period:
21
(a) 4 months after the end of the reporting period;
22
(b) if a lesser number of months has been prescribed for the
23
reporting period under paragraph (5)(b)--that number of
24
months after the end of the reporting period.
25
Power to make legislative instruments
26
(5) The Minister administering the Public Governance, Performance
27
and Accountability Act 2013 may, by legislative instrument,
28
prescribe:
29
(a) a period for the purposes of paragraph (2)(b); or
30
(b) a number of months for a reporting period for the purposes of
31
paragraph (4)(b).
32
Schedule 1 Amendments and repeals relating to the merger of CSC and ComSuper
Part 2 Consequential amendments
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Governance of Australian Government Superannuation Schemes
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No. , 2015
51 Paragraph 165(a)
1
After "CSC", insert "or an employee of CSC".
2
52 Paragraphs 165(c) and (d)
3
Repeal the paragraphs.
4
Superannuation Act 1990
5
53 Paragraph 39A(2)(b)
6
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
7
54 Subsection 39A(3)
8
Omit "the Chief Executive Officer of ComSuper" (wherever occurring),
9
substitute "the Board of CSC".
10
55 Application of amendments
11
The amendments of section 39A of the Superannuation Act 1990 apply
12
in relation to any payments made under subsection 39A(1) of that Act,
13
whether before or after this item commences.
14
56 Paragraph 39B(1)(d)
15
Omit "the Chief Executive Officer of ComSuper", substitute "the chief
16
executive officer (however described) of CSC".
17
57 Paragraph 39B(3)(b)
18
Omit "the Chief Executive Officer of ComSuper", substitute "CSC".
19
58 Application of amendment
20
The amendment of subsection 39B(3) of the Superannuation Act 1990
21
applies in relation to any payment made under subsection 39B(1) of that
22
Act, whether before or after this item commences.
23
59 Section 39C
24
Repeal the section, substitute:
25
Amendments and repeals relating to the merger of CSC and ComSuper Schedule 1
Consequential amendments Part 2
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
19
39C Reports about recoverable payments and recoverable death
1
payments
2
(1) CSC must cause a report of the following information to be
3
published, in such manner as the Board of CSC thinks fit:
4
(a) the number of payments that any employee of CSC was
5
aware of that were made under subsection 39A(1) or 39B(1)
6
during the reporting period (see subsection (2) of this
7
section);
8
(b) the total amount of payments referred to in paragraph (a);
9
(c) the number of payments made under subsection 39A(1) or
10
39B(1) that any employee of CSC became aware of during
11
the reporting period that were made during an earlier
12
reporting period;
13
(d) the total amount of payments referred to in paragraph (c);
14
(e) for each payment referred to in paragraph (c)--the reporting
15
period in which the payment was made.
16
(2) The reporting period is:
17
(a) a financial year; or
18
(b) if a shorter recurring period is prescribed under
19
paragraph (5)(a)--that period.
20
(3) A report is not required if no employee of CSC is aware of any
21
payments referred to in paragraph (1)(a) or (c).
22
When report must be provided
23
(4) The report must be provided before the end of the following
24
period:
25
(a) 4 months after the end of the reporting period;
26
(b) if a lesser number of months has been prescribed for the
27
reporting period under paragraph (5)(b)--that number of
28
months after the end of the reporting period.
29
Power to make legislative instruments
30
(5) The Minister administering the Public Governance, Performance
31
and Accountability Act 2013 may, by legislative instrument,
32
prescribe:
33
Schedule 1 Amendments and repeals relating to the merger of CSC and ComSuper
Part 2 Consequential amendments
20
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
(a) a period for the purposes of paragraph (2)(b); or
1
(b) a number of months for a reporting period for the purposes of
2
paragraph (4)(b).
3
60 Paragraph 47(a)
4
After "CSC", insert "or an employee of CSC".
5
61 Paragraph 47(b)
6
Omit "Department; or", substitute "Department.".
7
62 Paragraph 47(c)
8
Repeal the paragraph.
9
Superannuation Act 2005
10
63 Paragraph 33(a)
11
After "CSC", insert "or an employee of CSC".
12
64 Paragraphs 33(b) and (c)
13
Repeal the paragraphs.
14
Amendments and repeals relating to the merger of CSC and ComSuper Schedule 1
Repeal of the ComSuper Act 2011 Part 3
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
21
Part 3
--Repeal of the ComSuper Act 2011
1
ComSuper Act 2011
2
65 The whole of the Act
3
Repeal the Act.
4
Schedule 2 Transitional provisions relating to the merger of CSC and ComSuper
Part 1 Preliminary
22
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Legislation Amendment Bill 2015
No. , 2015
Schedule 2
--Transitional provisions relating
1
to the merger of CSC and ComSuper
2
Part 1
--Preliminary
3
1 Definitions
4
In this Schedule:
5
acquisition of property has the same meaning as in paragraph 51(xxxi)
6
of the Constitution.
7
amend includes repeal and remake.
8
asset means:
9
(a) any legal or equitable estate or interest in real or personal
10
property, whether actual, contingent or prospective; and
11
(b) any right, power, privilege or immunity, whether actual,
12
contingent or prospective.
13
assets official, in relation to an asset other than land, means the person
14
or authority who, under a law of the Commonwealth, a State or a
15
Territory, under a trust instrument or otherwise, has responsibility for
16
keeping a register in relation to assets of the kind concerned.
17
Board has the same meaning as in the Governance of Australian
18
Government Superannuation Schemes Act 2011.
19
CEO of ComSuper means the Chief Executive Officer of ComSuper.
20
Chair has the same meaning as in the Governance of Australian
21
Government Superannuation Schemes Act 2011.
22
commencement means the time when this Schedule commences.
23
ComSuper has the same meaning as in the ComSuper Act 2011.
24
CSC (short for Commonwealth Superannuation Corporation) has the
25
same meaning as in the Governance of Australian Government
26
Superannuation Schemes Act 2011.
27
doing a thing includes making an instrument.
28
instrument:
29
(a) includes:
30
(i) a contract, deed, undertaking or agreement; and
31
(ii) a notice, authority, order or instruction; and
32
Transitional provisions relating to the merger of CSC and ComSuper Schedule 2
Preliminary Part 1
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
23
(iii) an instrument made under an Act or regulations; and
1
(iv) regulations; but
2
(b) does not include an Act.
3
just terms has the same meaning as in paragraph 51(xxxi) of the
4
Constitution.
5
land means any legal or equitable estate or interest in real property,
6
whether actual, contingent or prospective.
7
land registration official, in relation to land, means the Registrar of
8
Titles or other proper officer of the State or Territory in which the land
9
is situated.
10
liability means any liability, duty or obligation, whether actual,
11
contingent or prospective.
12
rules means rules made under Part 7.
13
Schedule 2 Transitional provisions relating to the merger of CSC and ComSuper
Part 2 Assets, liabilities and legal proceedings
24
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
Part 2
--Assets, liabilities and legal proceedings
1
2 Vesting of assets
2
Assets of ComSuper
3
(1)
Subitem (2) applies to the assets of ComSuper (whether the assets are in
4
Australia or elsewhere) immediately before commencement.
5
(2)
At commencement, the assets cease to be assets of ComSuper and
6
become assets of CSC without any conveyance, transfer or assignment.
7
CSC becomes the successor in law in relation to the assets.
8
3 Vesting of liabilities
9
Liabilities of ComSuper
10
(1)
Subitem (2) applies to the liabilities of ComSuper (whether the
11
liabilities arose in Australia or elsewhere) immediately before
12
commencement.
13
(2)
At commencement, the liabilities cease to be liabilities of ComSuper
14
and become liabilities of CSC without any conveyance, transfer or
15
assignment. CSC becomes the successor in law in relation to the
16
liabilities.
17
Exception
18
(3)
Subitem (2) does not apply to a liability if:
19
(a) the liability is GST that was payable on a taxable supply
20
(within the meaning of the A New Tax System (Goods and
21
Services Tax) Act 1999); and
22
(b) the consideration for the taxable supply was a payment in
23
relation to the cost of the administration of an Act
24
administered by CSC that was credited to the ComSuper
25
Special Account.
26
4 Certificates relating to vesting of land
27
(1)
This item applies if:
28
(a) any land vests in CSC under this Part; and
29
Transitional provisions relating to the merger of CSC and ComSuper Schedule 2
Assets, liabilities and legal proceedings Part 2
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
25
(b) there is lodged with a land registration official a certificate
1
that:
2
(i) is signed by the Chair; and
3
(ii) identifies the land, whether by reference to a map or
4
otherwise; and
5
(iii) states that the land has become vested in CSC under this
6
Part.
7
(2)
The land registration official may:
8
(a) register the matter in a way that is the same as, or similar to,
9
the way in which dealings in land of that kind are registered;
10
and
11
(b) deal with, and give effect to, the certificate.
12
5 Certificates relating to vesting of assets other than land
13
(1)
This item applies if:
14
(a) any asset other than land vests in CSC under this Part; and
15
(b) there is lodged with an assets official a certificate that:
16
(i) is signed by the Chair; and
17
(ii) identifies the asset; and
18
(iii) states that the asset has become vested in CSC under
19
this Part.
20
(2)
The assets official may:
21
(a) deal with, and give effect to, the certificate as if it were a
22
proper and appropriate instrument for transactions in relation
23
to assets of that kind; and
24
(b) make such entries in the register as are necessary having
25
regard to the effect of this Part.
26
6 Substitution of CSC as a party to pending proceedings
27
(1)
If any proceedings to which the CEO of ComSuper was a party were
28
pending in any court or tribunal immediately before commencement,
29
CSC is substituted for the CEO, from commencement, as a party to the
30
proceedings.
31
(2)
The Minister may, by writing, determine that subitem (1) applies as if
32
the reference in that subitem to CSC were a reference to another
33
Schedule 2 Transitional provisions relating to the merger of CSC and ComSuper
Part 2 Assets, liabilities and legal proceedings
26
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
specified person. A determination under this subitem has effect
1
accordingly.
2
(3)
A determination made under subitem (2) is not a legislative instrument.
3
7 Exemption from stamp duty and other Commonwealth,
4
State or Territory taxes
5
(1)
No stamp duty or other tax is payable under a law of the
6
Commonwealth, a State or a Territory in respect of an exempt matter, or
7
anything connected with an exempt matter.
8
(2)
For the purposes of this item, an exempt matter is:
9
(a) the vesting of an asset or liability under this Part; or
10
(b) the operation of this Schedule in any other respect.
11
(3)
The Minister may certify in writing:
12
(a) that a specified matter is an exempt matter; or
13
(b) that a specified thing was connected with a specified exempt
14
matter.
15
(4)
In all courts, and for all purposes (other than for the purposes of
16
criminal proceedings), a certificate under subitem (3) is prima facie
17
evidence of the matters stated in the certificate.
18
(5)
A certificate made under subitem (3) is not a legislative instrument.
19
Transitional provisions relating to the merger of CSC and ComSuper Schedule 2
References to, and things done by or in relation to, ComSuper Part 3
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
27
Part 3
--References to, and things done by or in
1
relation to, ComSuper
2
8 References in Acts and instruments to ComSuper
3
(1)
If:
4
(a) an Act or instrument is in force immediately before
5
commencement; and
6
(b) the Act or instrument contains a reference to ComSuper or
7
the CEO of ComSuper;
8
the Act or instrument has effect from commencement as if the reference
9
were a reference to CSC.
10
(2)
The Minister may, by writing, determine that subitem (1):
11
(a) does not apply in relation to a specified reference; or
12
(b) applies, in relation to a specified reference, as if the reference
13
in that subitem to CSC were a reference to the
14
Commonwealth; or
15
(c) applies, in relation to a specified reference, as if the reference
16
in that subitem to CSC were a reference to the Board.
17
A determination under this subitem has effect accordingly.
18
(3)
The rules may provide that an instrument containing a reference
19
specified in a determination under paragraph (2)(a) has effect from
20
commencement as if the reference were a reference to a person or body
21
other than CSC, the Commonwealth or the Board.
22
(4)
A determination made under subitem (2) is not a legislative instrument.
23
9 Operation of laws
24
(1)
If, before commencement, a thing was done by, or in relation to,
25
ComSuper or the CEO of ComSuper, then, for the purposes of the
26
operation of any law of the Commonwealth after commencement, the
27
thing is taken to have been done by, or in relation to, CSC.
28
(2)
For the purposes of subitem (1), a thing done before commencement
29
under a provision that is amended by this Act has effect from that time
30
Schedule 2 Transitional provisions relating to the merger of CSC and ComSuper
Part 3 References to, and things done by or in relation to, ComSuper
28
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
as if it were done under that provision as amended. However, this is not
1
taken to change the time at which the thing was actually done.
2
(3)
The Minister may, by writing, determine that subitem (1):
3
(a) does not apply in relation to a specified thing done by, or in
4
relation to, ComSuper or the CEO of ComSuper; or
5
(b) applies as if the reference in that subitem to CSC were a
6
reference to the Commonwealth; or
7
(c) applies as if the reference in that subitem to CSC were a
8
reference to the Board.
9
A determination under this subitem has effect accordingly.
10
(4)
The rules may provide for a thing specified in a determination under
11
paragraph (3)(a) to be taken to have been done by, or in relation to, a
12
person or body other than CSC, the Commonwealth or the Board.
13
(5)
A determination made under subitem (3) is not a legislative instrument.
14
Transitional provisions relating to the merger of CSC and ComSuper Schedule 2
The CEO of ComSuper and the staff of ComSuper and CSC Part 4
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
29
Part 4
--The CEO of ComSuper and the staff of
1
ComSuper and CSC
2
Division 1
--The CEO of ComSuper
3
10 The CEO of ComSuper
4
The person who is the CEO of ComSuper immediately before
5
commencement ceases, at commencement, to hold office as the CEO of
6
ComSuper by force of this item.
7
Division 2
--The staff of ComSuper and CSC
8
11 APS employees in ComSuper transferred to CSC as
9
employees of CSC
10
(1)
This item applies to a person who:
11
(a) is a member of the staff of ComSuper engaged under the
12
Public Service Act 1999 immediately before commencement;
13
and
14
(b) is covered by a determination made under section 72 of the
15
Public Service Act 1999 that causes the person, at
16
commencement:
17
(i) to cease to be engaged under the Public Service Act
18
1999; and
19
(ii) to become an employee of CSC under section 26 of the
20
Governance of Australian Government Superannuation
21
Schemes Act 2011.
22
(2)
The person is taken to have accrued an entitlement to benefits, in
23
connection with becoming an employee of CSC, that is equivalent to the
24
entitlement that the person had as a member of the staff of ComSuper
25
engaged under the Public Service Act 1999 immediately before
26
commencement.
27
(3)
The service of the person as an employee of CSC is taken, for all
28
purposes, to have been continuous with his or her service as a member
29
of the staff of ComSuper engaged under the Public Service Act 1999.
30
Schedule 2 Transitional provisions relating to the merger of CSC and ComSuper
Part 4 The CEO of ComSuper and the staff of ComSuper and CSC
30
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
(4)
To avoid doubt, a person referred to in subitem (1) who ceases to be a
1
member of the staff of ComSuper is not entitled to receive any payment
2
or other benefit merely because he or she ceased to be such a member.
3
12 Safety, Rehabilitation and Compensation Act 1988
4
(1)
This item applies in relation to a person if:
5
(a) the person was a member of the staff of ComSuper before
6
commencement (whether or not the person was still a
7
member of the staff of ComSuper immediately before
8
commencement); and
9
(b) the person was an employee (within the meaning of the
10
Safety, Rehabilitation and Compensation Act 1988 (the SRC
11
Act)) of ComSuper; and
12
(c) the person suffered an injury (within the meaning of that Act)
13
before commencement.
14
(2)
The SRC Act applies, after commencement, as if the person had been an
15
employee of CSC during the period that the person was a member of the
16
staff of ComSuper.
17
(3)
This item does not limit Part 3 of this Schedule.
18
13 Long service leave for employees of CSC
19
(1)
This item applies for the purposes of the Long Service Leave
20
(Commonwealth Employees) Act 1976 (the LSL Act) in relation to a
21
person if, immediately before commencement, the person is an
22
employee of CSC.
23
Persons who have accrued long service leave entitlements
24
before commencement
25
(2)
Subitems (3) and (4) apply if the person had, before commencement,
26
accrued an entitlement to long service leave (however described).
27
(3)
At and after commencement, the person:
28
(a) is taken to have a long service leave credit of the amount of
29
the person's long service leave credit immediately before
30
commencement; and
31
(b) is not entitled to any long service leave credit except under
32
the LSL Act.
33
Transitional provisions relating to the merger of CSC and ComSuper Schedule 2
The CEO of ComSuper and the staff of ComSuper and CSC Part 4
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
31
Note:
A person's long service leave credit under this subitem may be reduced if the person is
1
granted long service leave (see section 18 of the LSL Act).
2
(4)
At and after commencement, the LSL Act applies to the person as if:
3
(a) the person's service, before commencement, as an employee
4
of CSC were employment in Government Service (within the
5
meaning of the LSL Act); and
6
(b) the long service leave credit referred to in paragraph (3)(a)
7
were accrued under the LSL Act in relation to that service.
8
Note:
The effect of this subitem is that from the day the person last accrued a long service
9
leave credit, the person's long service leave is worked out in accordance with the LSL
10
Act instead of in accordance with the person's previous employment conditions.
11
Persons who have not accrued long service leave entitlements
12
before commencement
13
(5)
If the person had, before commencement, not accrued an entitlement to
14
long service leave (however described):
15
(a) the person's service, before commencement, as an employee
16
of CSC (beginning on the day the person most recently began
17
as an employee of CSC) is to be treated, at and after
18
commencement, as if it had been employment in Government
19
Service (within the meaning of the LSL Act); and
20
(b) despite any provision of the LSL Act, any period of
21
employment in a qualifying service (within the meaning of
22
that Act) before the person began as an employee of CSC is
23
taken not to be continuous with the person's service as an
24
employee of CSC.
25
Division 3
--Transfer of business
26
14 Transfer of business
27
(1)
The transfer of staff of ComSuper to CSC is a transfer of business for
28
the purposes of the Fair Work Act 2009.
29
(2)
Despite section 312 of the Fair Work Act 2009, the only transferable
30
instrument in relation to the transfer of business is the enterprise
31
agreement that:
32
(a) covers the CEO of ComSuper on behalf of the
33
Commonwealth and staff of ComSuper; and
34
Schedule 2 Transitional provisions relating to the merger of CSC and ComSuper
Part 4 The CEO of ComSuper and the staff of ComSuper and CSC
32
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
(b) has been approved by the Fair Work Commission; and
1
(c) is in force immediately before commencement.
2
Transitional provisions relating to the merger of CSC and ComSuper Schedule 2
Reporting Part 5
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
33
Part 5
--Reporting
1
15 Financial statements and other reporting requirements for
2
ComSuper
3
Reporting requirements
4
(1)
If:
5
(a) immediately before commencement, a law required the CEO
6
of ComSuper to provide a report (whether financial
7
statements or otherwise) for a period; and
8
(b) the period ends after commencement;
9
CSC must provide the report, as required, for so much of the period as
10
occurs before commencement.
11
(2)
If:
12
(a) under subitem (1), CSC is required to provide a report for a
13
part of a period; and
14
(b) CSC is also required to provide a similar report for the
15
remainder of the period;
16
CSC may meet the requirements in a single report for the period.
17
Outstanding reporting requirements
18
(3)
If:
19
(a) a law required the CEO of ComSuper to provide a report
20
(whether financial statements or otherwise) for a period that
21
ended before commencement; and
22
(b) the report has not been provided by commencement;
23
CSC must provide the report as required.
24
Schedule 2 Transitional provisions relating to the merger of CSC and ComSuper
Part 6 Miscellaneous
34
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
Part 6
--Miscellaneous
1
16 Amending instruments may be retrospective
2
(1)
If:
3
(a) an instrument is made within the period of 12 months
4
beginning at commencement; and
5
(b) a provision of the instrument amends a reference to
6
ComSuper or the CEO of ComSuper in any other instrument;
7
the provision may be expressed to take effect from commencement, or a
8
later time in the period referred to in paragraph (a), that occurs before
9
the instrument is made.
10
(2)
This item has effect despite subsection 12(2) of the Legislative
11
Instruments Act 2003.
12
(3)
If Schedule 1 to the Acts and Instruments (Framework Reform) Act
13
2015 commences before the end of the period referred to in
14
paragraph (1)(a) of this item, subsection 12(2) (retrospective application
15
of legislative instruments) of the Legislation Act 2003 (as amended by
16
that Schedule) does not apply in relation to an instrument referred to in
17
subitem (1).
18
17 Constitutional safety net
--acquisition of property
19
(1)
If the operation of this Schedule would result in an acquisition of
20
property from a person otherwise than on just terms, the
21
Commonwealth is liable to pay a reasonable amount of compensation to
22
the person.
23
(2)
If the Commonwealth and the person do not agree on the amount of the
24
compensation, the person may institute proceedings in a court of
25
competent jurisdiction for the recovery from the Commonwealth of
26
such reasonable amount of compensation as the court determines.
27
18 Saving of existing delegations
28
(1)
This item applies if:
29
(a) a delegation under section 36 of the Governance of
30
Australian Government Superannuation Schemes Act 2011 is
31
Transitional provisions relating to the merger of CSC and ComSuper Schedule 2
Miscellaneous Part 6
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
35
in force immediately before commencement in relation to a
1
function or power; and
2
(b) the delegation is to an individual who performs the function
3
or exercises the power; and
4
(c) the delegation has not been remade immediately after
5
commencement.
6
(2)
The delegation applies, after commencement, as if the delegation were
7
to:
8
(a) if, before commencement, the delegation was to the CEO of
9
ComSuper--the chief executive officer (however described)
10
of CSC; or
11
(b) otherwise--the individual who, immediately after
12
commencement, is to perform the function or exercise the
13
power.
14
19 Transfer of custody of records
15
(1)
Subitem (2) applies to any records or documents that, immediately
16
before commencement, were in the custody of the CEO of ComSuper.
17
(2)
The records and documents are to be transferred into the custody of the
18
CSC at or after commencement.
19
Note:
The transferred records and documents are Commonwealth records for the purposes of
20
the Archives Act 1983 (see the definition of Commonwealth record in section 3 of that
21
Act).
22
20 Certificates taken to be authentic
23
A document that appears to be a certificate made or issued under a
24
particular provision of this Schedule:
25
(a) is taken to be such a certificate; and
26
(b) is taken to have been properly given;
27
unless the contrary is established.
28
21 Special Accounts
29
There is to be credited to the CSC Special Account, after
30
commencement, an amount equal to the balance standing to the credit of
31
the ComSuper Special Account immediately before commencement.
32
Schedule 2 Transitional provisions relating to the merger of CSC and ComSuper
Part 7 Rules
36
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
Part 7
--Rules
1
22 Rules
2
(1)
The Minister may, by legislative instrument, make rules prescribing
3
matters:
4
(a) required or permitted by this Act to be prescribed by the
5
rules; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Act.
8
(2)
Without limiting subitem (1), the rules may prescribe matters of a
9
transitional nature (including prescribing any saving or application
10
provisions) relating to:
11
(a) the amendments or repeals made by this Act; or
12
(b) the enactment of this Act.
13
(3)
Without limiting subitem (2), rules made for the purposes of that
14
subitem may provide that the following Acts have effect with any
15
modifications prescribed by the rules:
16
(a) the Fair Work Act 2009;
17
(b) the Fair Work (Transitional Provisions and Consequential
18
Amendments) Act 2009;
19
(c) the Public Service Act 1999;
20
(d) the Governance of Australian Government Superannuation
21
Schemes Act 2011;
22
(e) the Long Service Leave (Commonwealth Employees) Act
23
1976.
24
(4)
To avoid doubt, the rules may not do the following:
25
(a) create an offence or civil penalty;
26
(b) provide powers of:
27
(i) arrest or detention; or
28
(ii) entry, search or seizure;
29
(c) impose a tax;
30
(d) set an amount to be appropriated from the Consolidated
31
Revenue Fund under an appropriation in this Act;
32
(e) amend this Act.
33
Transitional provisions relating to the merger of CSC and ComSuper Schedule 2
Rules Part 7
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
37
(5)
This Schedule (other than subitem (4)) does not limit the rules that may
1
be made for the purposes of this item.
2
Schedule 3 Amendments relating to payment of administration fees
38
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
Schedule 3
--Amendments relating to payment
1
of administration fees
2
3
Governance of Australian Government Superannuation
4
Schemes Act 2011
5
1 Subsection 34(3)
6
Repeal the subsection.
7
Superannuation Act 2005
8
2 At the end of subsection 32(2)
9
Add:
10
Note:
This subsection is subject to section 34 (costs of administration of Act
11
etc.).
12
3 Sections 34 to 36
13
Repeal the sections, substitute:
14
34 Costs of administration of Act etc.
15
(1) The costs of the administration of this Act and the Trust Deed,
16
including the costs of and incidental to:
17
(a) the management of the PSSAP Fund by CSC; and
18
(b) the investment of money from the PSSAP Fund;
19
are to be paid by CSC out of the PSSAP Fund in accordance with
20
the Trust Deed.
21
(2) Subsection 32(2) does not apply in relation to an amendment made
22
to the Trust Deed that relates to the costs of the administration of
23
this Act and the Trust Deed.
24
Constitutional safety net--acquisition of property
25
(3) If the operation of this section (or the operation of amendments
26
made to the Trust Deed that relate to the costs of the administration
27
of this Act and the Trust Deed) would result in an acquisition of
28
Amendments relating to payment of administration fees Schedule 3
No. , 2015
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
39
property from a person otherwise than on just terms, the
1
Commonwealth is liable to pay a reasonable amount of
2
compensation to the person.
3
(4) If the Commonwealth and the person do not agree on the amount
4
of the compensation, the person may institute proceedings in a
5
court of competent jurisdiction for the recovery from the
6
Commonwealth of such reasonable amount of compensation as the
7
court determines.
8
(5) In this section:
9
acquisition of property has the same meaning as in
10
paragraph 51(xxxi) of the Constitution.
11
just terms has the same meaning as in paragraph 51(xxxi) of the
12
Constitution.
13
4 First amendment of the Trust Deed
14
Application of this item
15
(1)
This item applies in relation to a legislative instrument that amends the
16
Trust Deed if:
17
(a) the instrument is the first instrument to amend the Trust Deed
18
on or after the day this item commences; and
19
(b) the instrument relates solely to the costs of the administration
20
of the Superannuation Act 2005 (as amended by this
21
Schedule) and the Trust Deed; and
22
(c) the instrument commences on or after the commencement of
23
this item.
24
No disallowance of first amendment
25
(2)
Section 42 of the Legislative Instruments Act 2003 does not apply in
26
relation to the instrument.
27
Note:
The Legislative Instruments Act 2003 is to be renamed the Legislation Act 2003 (see
28
item 166 of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015).
29
(3)
Subitem (2) applies despite subsection 11(4) of the Superannuation Act
30
2005.
31
Schedule 3 Amendments relating to payment of administration fees
40
Governance of Australian Government Superannuation Schemes
Legislation Amendment Bill 2015
No. , 2015
Retrospectivity of first amendment
1
(4)
Despite subsection 12(2) of the Legislative Instruments Act 2003, a
2
provision of the instrument may take effect before the date the
3
instrument is registered.
4
(5)
If Schedule 1 to the Acts and Instruments (Framework Reform) Act
5
2015 commences before this item, subsection 12(2) (retrospective
6
application of legislative instruments) of the Legislation Act 2003 (as
7
amended by that Schedule) does not apply in relation to a provision of
8
the instrument.
9
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