Public Sector Superannuation Reform (Consequential and Transitional Provisions) Act 2016
An Act to amend various enactments consequential on the enactment of the Public Sector Superannuation Reform Act 2016
[Royal Assent 6 December 2016]
Be it enacted by Her 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:
PART 1 - Preliminary
This Act may be cited as the Public Sector Superannuation Reform (Consequential and Transitional Provisions) Act 2016 .
The provisions of this Act commence on a day or days to be proclaimed.
PART 2 - Ambulance Service Act 1982 Amended
In this Part, the Ambulance Service Act 1982 is referred to as the Principal Act.
4. Section 23 amended (Accounts and records)
Section 23(5) of the Principal Act is amended as follows:(a) by omitting " Retirement Benefits (Tasmanian Ambulance Service Superannuation Scheme) Act 2006 " from the definition of Ambulance member and substituting " Public Sector Superannuation Reform Act 2016 ";(b) by inserting ", a default fund within the meaning of the Public Sector Superannuation Reform Act 2016 " after " section 7 of the Public Sector Superannuation Reform Act 1999 " in the definition of complying superannuation scheme .
PART 3 - Audit Act 2008 Amended
In this Part, the Audit Act 2008 is referred to as the Principal Act.
6. Schedule 1 amended (General Provisions as to Auditor-General)
Clause 4(3) of Schedule 1 to the Principal Act is amended by omitting "the Public Sector Superannuation Reform Act 1999 " and substituting "the Public Sector Superannuation Reform Act 2016 ".
PART 4 - Commissioner for Children and Young People Act 2016 Amended
In this Part, the Commissioner for Children and Young People Act 2016 is referred to as the Principal Act.
8. Schedule 1 amended (Terms of appointment)
Clause 3 of Schedule 1 to the Principal Act is amended by omitting subclauses (2) , (3) , (4) and (5) and substituting the following subclause:(2) The Commissioner is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
PART 5 - Constitution Act 1934 Amended
In this Part, the Constitution Act 1934 is referred to as the Principal Act.
10. Section 33 amended (Contractors)
Section 33 of the Principal Act is amended as follows:(a) by inserting in subsection (3)(f) ", before the transfer date within the meaning of the Public Sector Superannuation Reform Act 2016 ," after "a loan";(b) by omitting paragraph (fb) from the definition of State instrumentality in subsection (6) and substituting the following paragraph:(fb) the Commission within the meaning of the Public Sector Superannuation Reform Act 2016 ;
PART 6 - Crown Servants' Reinstatement Act 1970 Amended
In this Part, the Crown Servants' Reinstatement Act 1970 is referred to as the Principal Act.
12. Section 3 amended (Reinstatement of certain former Crown servants)
Section 3(6) of the Principal Act is amended by omitting " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 and any regulations under that Act".
PART 7 - Custodial Inspector Act 2016 Amended
In this Part, the Custodial Inspector Act 2016 is referred to as the Principal Act.
14. Schedule 1 amended (Inspector)
Schedule 1 to the Principal Act is amended as follows:(a) by omitting the definitions of accumulation scheme , complying superannuation scheme and contributory scheme from clause 1 ;(b) by omitting the definition of RSA from clause 1 ;(c) by omitting subclauses (5) , (6) , (7) , (8) and (9) from clause 5 and substituting the following subclause:(5) A person who is appointed as Inspector is an employee for the purposes of the Public Sector Superannuation Reform Act 2016.
PART 8 - Director of Public Prosecutions Act 1973 Amended
In this Part, the Director of Public Prosecutions Act 1973 is referred to as the Principal Act.
16. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme and substituting the following definition:accumulation scheme means the default fund, within the meaning of the Public Sector Superannuation Reform Act 2016 , in relation to which the Director is a relevant employee within the meaning of section 21 of that Act;(b) by omitting the definition of contributory scheme and substituting the following definition:contributory scheme has the same meaning as in the Public Sector Superannuation Reform Act 2016 ;(c) by omitting the definition of RBF Board ;(d) by omitting the definition of transfer day .
17. Section 8A substituted
Section 8A of the Principal Act is repealed and the following section is substituted:A person appointed as Director after 1 July 1999 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
18. Sections 8B and 8C repealed
Sections 8B and 8C of the Principal Act are repealed.
19. Section 13 amended (Rights of State servant appointed as Director)
Section 13(2) of the Principal Act is amended by omitting "be subject to section 8A of this Act" and substituting "become a member of a complying superannuation scheme".
PART 9 - Electoral Act 2004 Amended
In this Part, the Electoral Act 2004 is referred to as the Principal Act.
21. Section 22 amended (Supplementary provisions relating to Commissioner)
Section 22(1) of the Principal Act is amended by omitting " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ".
PART 10 - Electricity Companies Act 1997 Amended
In this Part, the Electricity Companies Act 1997 is referred to as the Principal Act.
23. Section 18 amended (Superannuation for employees)
Section 18 of the Principal Act is amended as follows:(a) by omitting subsections (1) and (2) and substituting the following subsections:(1) An employee of a company is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .(2) A superannuation contribution made in respect of an employee appointed or employed on or after 15 May 1999 is not to be in excess of the rate specified in section 21(3) of the Public Sector Superannuation Reform Act 2016 .(b) by omitting from subsection (4) " Retirement Benefits Act 1993 or the Public Sector Superannuation Reform Act 1999 " and substituting " Public Sector Superannuation Reform Act 2016 ".
PART 11 - Government Business Enterprises (Sale) Act 2003 Amended
In this Part, the Government Business Enterprises (Sale) Act 2003 is referred to as the Principal Act.
25. Section 10 amended (Arrangements for employees affected by sale of business)
Section 10 of the Principal Act is amended as follows:(a) by omitting from subsection (7)(d) "the Retirement Benefits Act 1993 or the Public Sector Superannuation Reform Act 1999 " and substituting "or under the Public Sector Superannuation Reform Act 2016 ";(b) by omitting from subsection (11)(b) "the Retirement Benefits Act 1993 , the Public Sector Superannuation Reform Act 1999 " and substituting "or under the Public Sector Superannuation Reform Act 2016 ".
26. Section 12 amended (Superannuation)
Section 12 of the Principal Act is amended by omitting " Retirement Benefits Act 1993 is to make a declaration under regulation 3(3) of the Retirement Benefits Regulations 2005 declaring" and substituting " Public Sector Superannuation Reform Act 2016 is to make a declaration, under regulations under that Act, declaring".
27. Section 18 amended (Arrangements for employees on formation of company)
Section 18 of the Principal Act is amended as follows:(a) by omitting from subsection (6)(d) "the Retirement Benefits Act 1993 or the Public Sector Superannuation Reform Act 1999 " and substituting "or under the Public Sector Superannuation Reform Act 2016 ";(b) by omitting from subsection (10)(b) "the Retirement Benefits Act 1993 , the Public Sector Superannuation Reform Act 1999 " and substituting "or under the Public Sector Superannuation Reform Act 2016 ".
28. Section 28 amended (Superannuation for employees)
Section 28 of the Principal Act is amended by omitting subsections (1) , (2) , (3) and (4) and substituting the following subsections:(1) A company must not make to a superannuation scheme a contribution in respect of an employee (excluding a transferred employee) that is in excess of the rate specified in section 21(3) of the Public Sector Superannuation Reform Act 2016 .(2) A company is to comply with any instruction in relation to superannuation given to it by the Minister administering the Public Sector Superannuation Reform Act 2016 .
29. Section 33 amended (Superannuation)
Section 33 of the Principal Act is amended by omitting " Retirement Benefits Act 1993 is to make a declaration under regulation 3(3) of the Retirement Benefits Regulations 2005 " and substituting " Public Sector Superannuation Reform Act 2016 is to make a declaration, under regulations under that Act,".
30. Section 36 amended (Arrangements for employees on transfer of business)
Section 36(5)(b) of the Principal Act is amended by omitting "the Retirement Benefits Act 1993 , the Public Sector Superannuation Reform Act 1999 " and substituting "or under the Public Sector Superannuation Reform Act 2016 ".
PART 12 - Government Business Enterprises Act 1995 Amended
In this Part, the Government Business Enterprises Act 1995 is referred to as the Principal Act.
32. Section 18 amended (Chief executive officer)
Section 18 of the Principal Act is amended as follows:(a) by omitting subsection (1) ;(b) by omitting subsections (4A) , (4B) , (4BA) , (4C) and (4D) and substituting the following subsection:(4A) A chief executive officer is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
33. Section 22 amended (Superannuation)
Section 22 of the Principal Act is amended as follows:(a) by omitting subsections (1) , (1A) , (2) and (3) and substituting the following subsection:(1) A Government Business Enterprise must not make to a superannuation scheme a contribution in respect of an employee that is in excess of the rate specified in section 21(3) of the Public Sector Superannuation Reform Act 2016 .(b) by omitting from subsection (5) " Retirement Benefits Act 1993 or the Public Sector Superannuation Reform Act 1999 " and substituting " Public Sector Superannuation Reform Act 2016 ".
34. Section 95 amended (Superannuation)
Section 95 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsection:(1) If, immediately before the conversion day, the Retirement Benefits Act 1993 applied in relation to a person who, on that day, became an initial employee under section 90 (1) or the initial chief executive officer under section 91 (2) and the person is, on and from the day on which Part 4 of the Public Sector Superannuation Reform Act 2016 commences, an employee or the chief executive officer, then, on and from the day of that commencement the person is, while such an employee or chief executive officer, an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
PART 13 - Governor of Tasmania Act 1982 Amended
In this Part, the Governor of Tasmania Act 1982 is referred to as the Principal Act.
36. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme and substituting the following definition:accumulation scheme means the default fund, within the meaning of the Public Sector Superannuation Reform Act 2016 , in relation to which the Governor is a relevant employee within the meaning of section 21 of that Act;(b) by omitting the definitions of contributory scheme and RBF Board .
37. Section 6A amended (Commutation of pension to lump sum to pay surcharge liability)
Section 6A(3) of the Principal Act is amended by omitting "in force under the Retirement Benefits Act 1993 " and substituting "under regulations in force under the Public Sector Superannuation Reform Act 2016 ".
38. Section 6D amended (Superannuation benefits for Governor first appointed after 1 July 1999)
Section 6D of the Principal Act is amended by omitting subsections (3) , (4) , (5) , (6) , (6A) and (7) and substituting the following subsection:(2) A person who is first appointed as Governor after 1 July 1999 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
39. Sections 6E and 6F repealed
Sections 6E and 6F of the Principal Act are repealed.
40. Section 8 amended (Supplementary provisions relating to officers)
Section 8 of the Principal Act is amended by omitting subsections (4) , (5) , (6) , (7) , (8) , (9) and (10) and substituting the following subsection:(4) An officer holding appointment under section 7 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
41. Section 9 amended (Appointment of other employees)
Section 9 of the Principal Act is amended by omitting subsections (4) , (5) , (6) , (7) , (8) and (9) and substituting the following subsection:(4) A person appointed and employed under subsection (1) is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
PART 14 - Health Complaints Act 1995 Amended
In this Part, the Health Complaints Act 1995 is referred to as the Principal Act.
43. Schedule 3 amended (Health Complaints Commissioner)
Schedule 3 to the Principal Act is amended as follows:(a) by omitting clause 1 ;(b) by omitting subclauses (5) , (6) , (6A) , (7) and (8) from clause 2 and substituting the following subclause:(5) The Commissioner is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
PART 15 - Industrial Relations Act 1984 Amended
In this Part, the Industrial Relations Act 1984 is referred to as the Principal Act.
45. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme and substituting the following definition:accumulation scheme, in relation to a Commissioner, means the default fund, within the meaning of the Public Sector Superannuation Reform Act 2016 , in relation to which the Commissioner is a relevant employee within the meaning of section 21 of that Act;(b) by omitting the definition of complying superannuation scheme ;(c) by omitting the definition of contributory scheme .
46. Section 6 amended (Provisions relating to appointment of Commissioners)
Section 6(5) of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:(a) the Public Sector Superannuation Reform Act 2016 ; and
47. Section 6A repealed
Section 6A of the Principal Act is repealed.
PART 16 - Inland Fisheries Act 1995 Amended
In this Part, the Inland Fisheries Act 1995 is referred to as the Principal Act.
49. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme ;(b) by omitting the definitions of complying superannuation scheme and contributory scheme ;(c) by omitting the definition of RSA .
50. Section 11 amended (Appointment of Director)
Section 11 of the Principal Act is amended by omitting subsections (3) , (4) , (4A) , (5) and (6) and substituting the following subsection:(3) The Director is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
51. Schedule 3 amended (Membership and Meetings of Council)
Clause 2 of Schedule 3 to the Principal Act is amended by omitting subclause (2) .
PART 17 - Integrity Commission Act 2009 Amended
In this Part, the Integrity Commission Act 2009 is referred to as the Principal Act.
53. Section 17 amended (Chief executive officer)
Section 17 of the Principal Act is amended by omitting subsections (8) , (9) , (10) , (11) and (12) and substituting the following subsection:(8) The chief executive officer is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
PART 18 - Irrigation Company Act 2011 Amended
In this Part, the Irrigation Company Act 2011 is referred to as the Principal Act.
55. Section 19 amended (Superannuation contributions)
Section 19 of the Principal Act is amended as follows:(a) by omitting subsection (1) ;(b) by omitting subsections (3) , (4) and (5) and substituting the following subsection:(3) The Company must comply with any instruction in relation to superannuation given to it by the Minister administering the Public Sector Superannuation Reform Act 2016 .
PART 19 - Judges' Contributory Pensions Act 1968 Amended
In this Part, the Judges' Contributory Pensions Act 1968 is referred to as the Principal Act.
57. Section 2A amended (Interpretation)
Section 2A of the Principal Act is amended as follows:(a) by omitting the definitions of accumulation scheme and Actuary and substituting the following definition:Actuary has the same meaning as in the Public Sector Superannuation Reform Act 2016 ;(b) by omitting the definition of RBF Board .
58. Section 4A repealed
Section 4A of the Principal Act is repealed.
59. Section 11 amended (Commutation of pension to lump sum to pay surcharge liability)
Section 11(3) of the Principal Act is amended by omitting " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ".
60. Section 12A repealed
Section 12A of the Principal Act is repealed.
PART 20 - Legal Aid Commission Act 1990 Amended
In this Part, the Legal Aid Commission Act 1990 is referred to as the Principal Act.
62. Section 10A substituted
Section 10A of the Principal Act is repealed and the following section is substituted:The Commissioner is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
PART 21 - Long Service Leave (State Employees) Act 1994 Amended
In this Part, the Long Service Leave (State Employees) Act 1994 is referred to as the Principal Act.
64. Section 10 amended (Continuous employment)
Section 10(1) of the Principal Act is amended as follows:(a) by omitting from paragraph (d) " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ";(b) by omitting from paragraph (f) " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ".
65. Section 11 amended (Length of employment)
Section 11(3) of the Principal Act is amended as follows:(a) by omitting from paragraph (b) " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ";(b) by omitting from paragraph (c)(ii) " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ".
PART 22 - Magistrates Court Act 1987 Amended
In this Part, the Magistrates Court Act 1987 is referred to as the Principal Act.
67. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme ;(b) by omitting the definition of contributory scheme ;(c) by omitting the definition of RSA .
68. Section 4 amended (Appointment of magistrates)
Section 4 of the Principal Act is amended by omitting subsections (6) , (7) , (7A) , (8) and (9) and substituting the following subsection:(6) A magistrate is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
69. Section 10 amended (Terms and conditions of service of magistrates)
Section 10(3) of the Principal Act is amended by omitting " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ".
PART 23 - Metro Tasmania (Transitional and Consequential Provisions) Act 1997 Amended
In this Part, the Metro Tasmania (Transitional and Consequential Provisions) Act 1997 is referred to as the Principal Act.
71. Section 13 amended (Superannuation)
Section 13 of the Principal Act is amended as follows:(a) by omitting subsections (1) and (1A) ;(b) by omitting from subsection (1C) " Retirement Benefits Act 1993 or the Public Sector Superannuation Reform Act 1999 " and substituting " Public Sector Superannuation Reform Act 2016 ";(c) by omitting from subsection (2) " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ".
72. Section 17 repealed
Section 17 of the Principal Act is repealed.
PART 24 - Metro Tasmania Act 1997 Amended
In this Part, the Metro Tasmania Act 1997 is referred to as the Principal Act.
74. Section 18 amended (Superannuation)
Section 18 of the Principal Act is amended by omitting ", when so required by the Minister administering the Retirement Benefits Act 1993 or the Retirement Benefits Fund Board, provide any information that may be required for an actuarial review of any of its liabilities under that Act" and substituting "comply with any instruction in relation to superannuation given to it by the Minister administering the Public Sector Superannuation Reform Act 2016 ".
PART 25 - Ombudsman Act 1978 Amended
In this Part, the Ombudsman Act 1978 is referred to as the Principal Act.
76. Section 5 amended (Appointment, &c., of Ombudsman)
Section 5 of the Principal Act is amended as follows:(a) by omitting subsection (1) ;(b) by omitting subsections (9) , (10) , (10A) , (11) and (12) and substituting the following subsection:(9) The Ombudsman is an employee for the purposes of the Public Sector Superannuation Reform Act 2016.
PART 26 - Parliamentary Privilege Act 1898 Amended
In this Part, the Parliamentary Privilege Act 1898 is referred to as the Principal Act.
78. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as follows:(a) by omitting the definitions of accumulation scheme , complying superannuation scheme and contributory scheme ;(b) by omitting the definition of RSA .
79. Section 3A amended (Supplementary provisions relating to officers)
Section 3A of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:(3) An officer appointed under section 3 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
80. Section 4A substituted
Section 4A of the Principal Act is repealed and the following section is substituted:4A. Superannuation entitlements of officers and employees
A person appointed as an officer under section 3 or as a sessional or temporary employee under section 4 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
PART 27 - Parliamentary Salaries, Superannuation and Allowances Act 2012 Amended
In this Part, the Parliamentary Salaries, Superannuation and Allowances Act 2012 is referred to as the Principal Act.
82. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme ;(b) by omitting the definitions of complying superannuation scheme and contributory scheme ;(c) by omitting the definition of RBF Board .
83. Schedule 1 amended (Salaries Payable to Members of Parliament)
Clause 2 of Part 3 of Schedule 1 to the Principal Act is amended as follows:(a) by omitting from subclause (1)(b) "accumulation scheme" and substituting "default fund, within the meaning of the Public Sector Superannuation Reform Act 2016 ";(b) by omitting from subclause (2)(a) " Retirement Benefits (Parliamentary Superannuation) Regulations 2002 " and substituting "regulations, in relation to parliamentary superannuation, made under the Public Sector Superannuation Reform Act 2016 ";(c) by inserting in subclause (3)(b) "or regulations made in substitution for those regulations" after " Retirement Benefits (Parliamentary Superannuation) Regulations 2002 ".
84. Schedule 3 amended (Superannuation for Members of Parliament Elected After 1 July 1999)
Schedule 3 to the Principal Act is amended as follows:(a) by omitting clause 1 and substituting the following clause:1. Superannuation entitlements of members of ParliamentA person elected as a member of Parliament is taken to be an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .(b) by omitting clauses 2 and 3 .
PART 28 - Private Forests Act 1994 Amended
In this Part, the Private Forests Act 1994 is referred to as the Principal Act.
86. Schedule 2 amended (Directors)
Clause 2 of Schedule 2 to the Principal Act is amended as follows:(a) by omitting subclause (1) ;(b) by omitting subclauses (4) , (5) , (5A) and (6) .
PART 29 - Public Sector Superannuation Reform Act 2016 Amended
In this Part, the Public Sector Superannuation Reform Act 2016 is referred to as the Principal Act.
88. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by inserting the following definition after the definition of SIS Act :State-owned company means a company incorporated under the Corporations Act which is controlled by –(a) the Crown; or(b) a statutory authority; or(c) another company which is itself controlled by the Crown or a statutory authority;(b) by inserting "but does not include a State-owned company" after "such statutory authority" in the definition of statutory authority .
89. Section 30 amended (Closure under Public Sector Superannuation Reform Act 1999 of contributory scheme remains in effect)
Section 30 of the Principal Act is amended by inserting after subsection (1) the following subsections:(1A) If –the person did not, and does not, by reason only of beginning to hold that office, cease to be an employee to whom the contributory scheme applies.(a) a person, on or after 15 May 1999, begins to hold an office (other than an excluded office) under a provision of an Act; and(b) a provision of that Act, after the day on which this section commences, specifies that the holder of the office is an employee for the purposes of this Act; and(c) immediately before beginning to hold the office, the person was a member of the contributory scheme –(1B) If –the person ceases, by reason of beginning to hold that office, to be an employee to whom the contributory scheme applies.(a) a person, on or after the day on which this section commences (the commencement day), begins to hold an excluded office under a provision of an Act; and(b) a provision of that Act, after the commencement day, specifies that the holder of the office is an employee for the purposes of this Act; and(c) immediately before beginning to hold the office, the person was a member of the contributory scheme –(1C) Nothing in subsection (1) , (1A) or (1B) is to be taken to affect a right, privilege, obligation or liability acquired, accrued or incurred in relation to an excluded office by a person if the person began, before the day on which this section commences, to hold that office.(1D) For the purposes of this section, a person begins to hold an office that is an excluded office if –(a) the person begins to hold the office of Governor under the Governor of Tasmania Act 1982 ; or(b) the person begins to hold the office of judge, or Associate Judge, under the Supreme Court Act 1887 or the Supreme Court Act 1959 ; or(c) the person begins to hold the office of a member of Parliament and neither the Parliamentary Superannuation Act 1973 nor the Parliamentary Retiring Benefits Act 1985 applies to the person.
90. Section 58 amended (Regulations may contain transitional matters)
Section 58 of the Principal Act is amended by inserting after subsection (2) the following subsection:(3) Without limiting the generality of section 57(1) , the regulations may amend a provision of an Act (the amended Act) –(a) consequent to the repeal by this Act of another Act, or regulations, that is or are referred to in the amended Act; or(b) if it is necessary or convenient to do so to ensure the application of this Act in relation to the amended Act.
PART 30 - Racing (Tasracing Pty Ltd) Act 2009 Amended
In this Part, the Racing (Tasracing Pty Ltd) Act 2009 is referred to as the Principal Act.
92. Section 23 repealed
Section 23 of the Principal Act is repealed.
93. Section 24 amended (Superannuation)
Section 24 of the Principal Act is amended as follows:(a) by omitting subsections (1) and (2) ;(b) by omitting subsection (4) and substituting the following subsection:(4) The Company must comply with any instruction in relation to superannuation given to it by the Minister administering the Public Sector Superannuation Reform Act 2016 .
PART 31 - Rail Company Act 2009 Amended
In this Part, the Rail Company Act 2009 is referred to as the Principal Act.
95. Section 17 amended (Superannuation contributions)
Section 17 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "but may make contributions to one or more superannuation schemes that comply with the law of the Commonwealth relating to superannuation";(b) by omitting from subsection (2) " section 6(7) of the Public Sector Superannuation Reform Act 1999 " and substituting " section 21(3) of the Public Sector Superannuation Reform Act 2016 ".
96. Section 31 substituted
Section 31 of the Principal Act is repealed and the following section is substituted:31. Superannuation for certain employees
The Company, and any subsidiary of the Company, must comply with any instruction in relation to superannuation given to it by the Minister administering the Public Sector Superannuation Reform Act 2016 .
97. Section 35 amended (Superannuation for certain employees)
Section 35 of the Principal Act is amended as follows:(a) by omitting from paragraph (a) "by the Retirement Benefits Act 1993 " and substituting "in accordance with the Public Sector Superannuation Reform Act 2016 ";(b) by omitting "the Retirement Benefits Act 1993 is to make a declaration under regulation 3(3) of the Retirement Benefits Regulations 2005 " and substituting "the Public Sector Superannuation Reform Act 2016 is to make a declaration, under regulations under that Act,".
PART 32 - Solicitor-General Act 1983 Amended
In this Part, the Solicitor-General Act 1983 is referred to as the Principal Act.
99. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme and substituting the following definition:accumulation scheme, in relation to a Solicitor-General, means the default fund, within the meaning of the Public Sector Superannuation Reform Act 2016 ,in relation to which the Solicitor-General is a relevant employee within the meaning of section 21 of that Act;(b) by omitting the definition of RBF Board .
100. Section 9A amended (Superannuation entitlements of Solicitor-General appointed after 1 July 1999)
Section 9A of the Principal Act is amended as follows:(a) by omitting from subsection (1)(a) "by the regulations under the Retirement Benefits Act 1993 " and substituting "or continued by regulations under the Public Sector Superannuation Reform Act 2016 ";(b) by omitting subsections (3) , (4) , (5) , (6) , (6A) and (7) and substituting the following subsection:(3) A person to whom this section applies is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
101. Sections 9B and 9C repealed
Sections 9B and 9C of the Principal Act are repealed.
102. Section 12 amended (Accruing and accrued rights of public servant, &c., who is appointed as Solicitor-General)
Section 12(3) of the Principal Act is amended as follows:(a) by omitting "established by the regulations under the Retirement Benefits Act 1993 " and substituting "within the meaning of the Public Sector Superannuation Reform Act 2016 ";(b) by omitting "be subject to section 9A of this Act" and substituting "become a member of a default fund, within the meaning of that Act, or an RSA or other complying superannuation scheme".
PART 33 - State Service Act 2000 Amended
In this Part, the State Service Act 2000 is referred to as the Principal Act.
104. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme ;(b) by omitting the definition of contributory scheme ;(c) by omitting the definition of RSA .
105. Section 31 amended (Appointment, &c., of officers)
Section 31 of the Principal Act is amended by omitting subsections (7) , (8) , (8A) , (8B) and (9) .
106. Section 46 amended (Arrangements relating to secondment of persons)
Section 46(4) of the Principal Act is amended as follows:(a) by omitting paragraph (a) ;(b) by omitting from paragraph (b) "an RSA or a complying superannuation scheme, other than the contributory scheme" and substituting "a superannuation scheme, other than the contributory scheme within the meaning of the Public Sector Superannuation Reform Act 2016 ".
PART 34 - Supreme Court Act 1887 Amended
In this Part, the Supreme Court Act 1887 is referred to as the Principal Act.
108. Section 1 amended (Interpretation)
Section 1 of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme ;(b) by omitting the definitions of complying superannuation scheme , RBF Board and RSA ;(c) by omitting the definition of transfer day .
109. Section 7 amended (Remuneration of judges)
Section 7(3B)(b) of the Principal Act is amended by omitting " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ".
110. Section 8 amended (Superannuation entitlements of judge appointed after 1 July 1999)
Section 8 of the Principal Act is amended by omitting subsections (2) , (3) , (4) , (5) , (6) , (6A) and (8) and substituting the following subsection:(2) Where a person is appointed as a judge after 1 July 1999, the person is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
111. Sections 8A and 8B repealed
Sections 8A and 8B of the Principal Act are repealed.
112. Section 8C amended (Appropriation)
Section 8C of the Principal Act is amended by omitting "under section 7 or 8 " and substituting "by virtue of a judge being an employee for the purposes of the Public Sector Superannuation Reform Act 2016 ".
PART 35 - Supreme Court Act 1959 Amended
In this Part, the Supreme Court Act 1959 is referred to as the Principal Act.
114. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme ;(b) by omitting the definition of complying superannuation scheme ;(c) by omitting the definition of RBF Board ;(d) by omitting the definition of RSA ;(e) by omitting the definition of transfer day .
115. Section 4AA amended (Superannuation entitlements of Associate Judge appointed after 1 July 1999)
Section 4AA of the Principal Act is amended by omitting subsections (2) , (3) , (4) , (5) , (6) , (6A) and (7) and substituting the following subsection:(2) A person who is appointed as Associate Judge after 1 July 1999 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
116. Sections 4AB and 4AC repealed
Sections 4AB and 4AC of the Principal Act are repealed.
117. Section 5HA repealed
Section 5HA of the Principal Act is repealed.
PART 36 - TT-Line Arrangements Act 1993 Amended
In this Part, the TT-Line Arrangements Act 1993 is referred to as the Principal Act.
119. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting the definition of contributor ;(b) by omitting the definition of RBF Board ;(c) by inserting "as in force immediately before the commencement of section 63 of the Public Sector Superannuation Reform Act 2016 " after " Retirement Benefits Act 1993 " in the definition of SAF Agreement .
120. Section 24A amended (Superannuation arrangements generally)
Section 24A of the Principal Act is amended as follows:(a) by omitting subsection (1) ;(b) by omitting subsection (2) and substituting the following subsection:(2) A contribution made to a superannuation scheme in respect of an employee appointed on or after the commencement day specified in the Public Sector Superannuation Reform Act 1999 is not to be in excess of the rate specified in section 21(3) of the Public Sector Superannuation Reform Act 2016 .(c) by omitting from subsection (3) "the Retirement Benefits Act 1993 , the Public Sector Superannuation Reform Act 1999 " and substituting "the Public Sector Superannuation Reform Act 2016 ";(d) by omitting from subsection (5) " Retirement Benefits Act 1993 or the Public Sector Superannuation Reform Act 1999 " and substituting " Public Sector Superannuation Reform Act 2016 ";(e) by omitting from subsection (6) " Public Sector Superannuation Reform Act 1999 " and substituting " Public Sector Superannuation Reform Act 2016 ".
121. Section 25 amended (Superannuation)
Section 25 of the Principal Act is amended by inserting after subsection (2) the following subsection:(3) An agreement under this section is to be taken to apply in relation to employees within the meaning of the Public Sector Superannuation Reform Act 2016 .
PART 37 - Tourism Tasmania Act 1996 Amended
In this Part, the Tourism Tasmania Act 1996 is referred to as the Principal Act.
123. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting the definition of accumulation scheme ;(b) by omitting the definition of complying superannuation scheme ;(c) by omitting the definition of contributory scheme ;(d) by omitting the definition of RSA .
124. Section 17 amended (Chief executive officer)
Section 17 of the Principal Act is amended by omitting subsections (4A) , (4B) , (4BA) , (4C) and (4D) .
125. Schedule 1 amended (Directors)
Clause 3 of Schedule 1 to the Principal Act is amended by omitting subclauses (3) , (3A) , (3AA) and (3B) .
PART 38 - Water and Sewerage Corporation Act 2012 Amended
In this Part, the Water and Sewerage Corporation Act 2012 is referred to as the Principal Act.
127. Section 37 amended (Superannuation)
Section 37 of the Principal Act is amended as follows:(a) by omitting subsections (1) , (2) , (3) and (4) and substituting the following subsections:(1) Employees transferred under a transfer order are employees for the purposes of the Public Sector Superannuation Reform Act 2016 .(2) The Corporation must comply with any instruction in relation to superannuation given to it by the Minister administering the Public Sector Superannuation Reform Act 2016 .(b) by omitting from subsection (5) " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ".
PART 39 - Workers Rehabilitation and Compensation Act 1988 Amended
In this Part, the Workers Rehabilitation and Compensation Act 1988 is referred to as the Principal Act.
129. Schedule 3 amended (Provisions with respect to the term of office and conditions of service of Chief Workers Rehabilitation and Compensation Commissioner)
Clause 6 of Schedule 3 to the Principal Act is amended by omitting " Retirement Benefits Act 1993 " and substituting " Public Sector Superannuation Reform Act 2016 ".
PART 40 - Concluding Provision
This Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.
[Second reading presentation speech made in:
House of Assembly on 25 OCTOBER 2016
Legislative Council on 15 NOVEMBER 2016]