Governor of Tasmania Act 1982

Governor of Tasmania Act 1982

An Act to make provision for the salary of the Governor of Tasmania and for the payment in specified circumstances to a person who has held office as Governor and to the spouse of a former Governor of pensions and to provide for other matters pertaining to the office of Governor, including the appointment and employment of officers and employees for the purposes of assisting the Governor in the performance of his duties and of assisting in the management, administration, or maintenance of Government House

Be it enacted by His 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:

1.   Short title

This Act may be cited as the Governor of Tasmania Act 1982 .

2.   Commencement

This Act shall be reserved for the signification of the Sovereign's pleasure thereon and shall commence on the day after the date on which a proclamation signifying the Sovereign's assent to the Act is notified in the Gazette.

3.   Interpretation

(1)  [Section 3 Subsection (1) substituted by No. 18 of 1999, s. 7, Applied:14 May 1999] In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 91 of 1999, s. 12, Applied:15 Dec 1999] [Section 3 Subsection (1) amended by No. 54 of 2016, s. 36, Applied:31 Mar 2017]

[Section 3 Subsection (1) amended by No. 54 of 2016, s. 36, Applied:31 Mar 2017] 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;

Administrator means an officer who is provisionally administering the Government of Tasmania;

[Section 3 Subsection (1) amended by No. 47 of 2003, s. 4, Applied:03 Oct 2003] Chief Justice means the Chief Justice of the Supreme Court of Tasmania;

[Section 3 Subsection (1) amended by No. 91 of 1999, s. 12, Applied:15 Dec 1999] [Section 3 Subsection (1) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000]

[Section 3 Subsection (1) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

[Section 3 Subsection (1) amended by No. 47 of 2003, s. 4, Applied:03 Oct 2003] [Section 3 Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 3 Subsection (1) amended by No. 54 of 2016, s. 36, Applied:31 Mar 2017] [Section 3 Subsection (1) amended by No. 91 of 1999, s. 12, Applied:15 Dec 1999] [Section 3 Subsection (1) amended by No. 54 of 2016, s. 36, Applied:31 Mar 2017]

[Section 3 Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;

[Section 3 Subsection (1) amended by No. 91 of 1999, s. 12, Applied:15 Dec 1999] Secretary means Secretary of the responsible Department in relation to the Constitution Act 1934 ;

[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] spouse includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 ;

surcharge liability means liability for tax or interest imposed under the law of the Commonwealth arising from an entitlement to a pension under this Act;

[Section 3 Subsection (1) amended by No. 91 of 1999, s. 12, Applied:15 Dec 1999] transfer day means the day specified in a notice under section 7(5) of the Public Sector Superannuation Reform Act 1999 ;

[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004]

(2)  The definition of "Governor" in section 43 (1) of the Acts Interpretation Act 1931 does not apply to or in relation to the interpretation of the provisions of this Act.

4.   Salary of Governor

[Section 4 Substituted by No. 91 of 1999, s. 13, Applied:15 Dec 1999]

(1)  [Section 4 Subsection (1) amended by No. 25 of 2004, s. 4, Applied:15 Dec 2004] [Section 4 Subsection (1) amended by No. 47 of 2003, s. 5, Applied:03 Oct 2003] There is to be paid to the Governor a salary at the rate of 90% of the rate at which the salary of the Chief Justice is payable for the time being or, if the office of Chief Justice is vacant, would be so payable if that office were not vacant.

(2)  [Section 4 Subsection (2) substituted by No. 52 of 2002, s. 21, Applied:27 Nov 2002] Notwithstanding subsection (1) , the Governor may elect, in writing to the Secretary, at any time but not more than once in a period of one year, that the salary determined in accordance with subsection (1) may be provided –

(a) in part by the payment of salary to the Governor; and

(b) [Section 4 Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] in part by the payment of employer superannuation contributions to an RSA or a complying superannuation scheme, which may include the accumulation scheme.

(3)  If the Governor elects to sacrifice some or all of his or her salary under subsection (2)  –

(a) the election has effect from the date of the election or from a later date specified in the election for that purpose; and

(b) the Governor is taken, for any purpose related to superannuation, to have received the salary determined in accordance with subsection (1) , notwithstanding the salary sacrifice.

5.   Salary of Administrator

(1)  There shall be paid to an Administrator a salary at the rate of one-half of the rate at which the salary of the Governor is payable for the time being or, if the office of Governor is vacant, would be so payable if that office were not vacant.

(2)  A salary paid in accordance with subsection (1) to an Administrator does not prejudice the payment to him of any salary that may be payable in respect of any other office held by him.

(3)  [Section 5 Subsection (3) substituted by No. 91 of 1999, s. 14, Applied:15 Dec 1999] Where an Administrator is, during his or her period of administration, also the holder of another office under the Crown and a member of a complying superannuation scheme, whether established under a law of Tasmania or otherwise, his or her rate of salary, for the purposes of that law or scheme, is taken to remain, during that period, the rate applicable to the other office.

6.   Governor's pension

(1)  [Section 6 Subsection (1) substituted by No. 91 of 1999, s. 15, Applied:15 Dec 1999] This section does not apply to a person who is first appointed as Governor after 1 July 1999.

(1A)  [Section 6 Subsection (1A) amended by No. 47 of 2003, s. 6, Applied:03 Oct 2003] [Section 6 Subsection (1A) inserted by No. 91 of 1999, s. 15, Applied:15 Dec 1999] Where a person holding office as Governor resigns or retires from that office –

(a) after serving in that office for not less than 5 years; or

(b) after serving in that office for less than 5 years and the Governor or Administrator who immediately succeeds him declares, by order-in-council, that the retirement or resignation was due to ill health or physical or mental incapacity to perform the duties of the office of Governor –

that person is, subject to this section, entitled on his resignation or retirement to a pension at the rate of one-half of the rate at which the salary of the Chief Justice is payable for the time being or, if the office of Chief Justice is vacant, would be so payable if that office were not vacant.

(2)  [Section 6 Subsection (2) amended by No. 47 of 2003, s. 6, Applied:03 Oct 2003] [Section 6 Subsection (2) substituted by No. 18 of 1999, s. 8, Applied:14 May 1999] On the death of a person who, at the time of his or her death, held the office of Governor or was entitled to a pension under subsection (1A) , his widow or her widower is, subject to this section, entitled until her or his death or re-marriage to a pension at the rate of 60% of the rate at which the pension of the Governor is payable for the time being under subsection (1A) .

(3)  [Section 6 Subsection (3) substituted by No. 18 of 1999, s. 8, Applied:14 May 1999] Subsection (2) does not apply to the widow or widower of a former Governor unless she or he was –

(a) married to the former Governor; or

(b) generally recognised as his wife or her husband –

while the former Governor held the office of Governor.

(4)  [Section 6 Subsection (4) amended by No. 18 of 1999, s. 8, Applied:14 May 1999] The pension payable under this section to a former Governor shall be reduced by an amount equal to the payment or total of the payments (if any) that that person is entitled to receive by way of pension, gratuity, or retirement allowance or benefit in respect of his or her service under the Crown (whether in right of the State of Tasmania or otherwise).

(5)  [Section 6 Subsection (5) amended by No. 47 of 2003, s. 6, Applied:03 Oct 2003] [Section 6 Subsection (5) amended by No. 18 of 1999, s. 8, Applied:14 May 1999] A pension payable under this section to the widow or widower of a person who, at the time of his or her death, held the office of Governor or was entitled to a pension under subsection (1A) shall be reduced by an amount equal to the payment or total of the payments (if any) that that widow or widower is entitled to receive by way of pension, gratuity, or retirement allowance or benefit in respect of the service of that person referred to in subsection (4) .

(6)  In subsections (4) and (5) , the expression pension, gratuity, or retirement allowance or benefit does not include a payment or payments made to a person under –

(a) [Section 6 Subsection (6) amended by No. 91 of 1999, s. 15, Applied:15 Dec 1999] the Veterans' Entitlements Act 1986 of the Commonwealth; or

(b) a law enacted in a part of the British Commonwealth of Nations and declared by proclamation to be a law for the purposes of this paragraph.

(7)  [Section 6 Subsection (7) inserted by No. 18 of 1999, s. 8, Applied:14 May 1999] A pension payable under this Act is to be reduced to take into account any commutation of the pension under section 6A or 6B .

6AA.   Application of Judges' Contributory Pensions Act 1968

[Section 6AA Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 6AA Inserted by No. 91 of 1999, s. 16, Applied:15 Dec 1999] [Section 6AA Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] The application of sections 10A, 10B, 10C and 10D of the Judges' Contributory Pensions Act 1968 extends to the commutation of a pension payable under this Act by a person appointed as Governor before 1 July 1999 or, if he predeceases his spouse, that spouse as if references in those sections to a person to whom that Act applies were read as references to the Governor.

6A.   Commutation of pension to lump sum to pay surcharge liability

[Section 6A Inserted by No. 18 of 1999, s. 9, Applied:14 May 1999]

(1)  On a person ceasing to hold office as Governor, he or she, by notice in writing to the Minister, may elect to commute sufficient of his or her pension under this Act to a lump sum payment in order to discharge his or her surcharge liability.

(2)  On receipt of the notice, the Minister must commute sufficient of the person's pension to a lump sum payment and pay it to that person to enable that person to discharge his or her surcharge liability.

(3)  [Section 6A Subsection (3) amended by No. 54 of 2016, s. 37, Applied:31 Mar 2017] The Minister must determine the lump sum in accordance with the appropriate age, marital and gender factors specified for a pension under regulations in force under the Public Sector Superannuation Reform Act 2016 .

6B.   Death of Governor with surcharge liability

[Section 6B Inserted by No. 18 of 1999, s. 9, Applied:14 May 1999] [Section 6B Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] If a person holding office as Governor dies with an outstanding surcharge liability, his or her spouse may elect to commute her or his pension to a lump sum payment in order to discharge any surcharge liability, in which case section 6A applies to that election as if it were an election under that section.

6BA.   Family Law (splitting of superannuation interests)

[Section 6BA Inserted by No. 55 of 2003, s. 4, Applied:25 Sep 2003]

(1)  A pension payable under this Act –

(a) is to be reduced to take into account any commutation of the pension under section 6A or 6B ; and

(b) is subject to Schedule 1 which carries into effect the provisions of the Family Law Act 1975 of the Commonwealth relating to the splitting of superannuation interests, as defined in Part VIIIB of that Act.

(2)  A lump sum payment under this Act is subject to Schedule 1 .

6C.   Increases in annual pension

[Section 6C Amended by No. 91 of 1999, s. 17, Applied:15 Dec 1999] [Section 6C Inserted by No. 18 of 1999, s. 9, Applied:14 May 1999] If part of a pension payable under this Act is commuted, any future increase in the annual pension as a result of an increase in the current Governor's salary is to be calculated in accordance with the following formula:

where –

P is the new pension payable to a person in receipt of a pension under this Act;

RP is the pension payable to a person in receipt of a pension under this Act immediately before the increase;

[Section 6C Amended by No. 47 of 2003, s. 7, Applied:03 Oct 2003]

[Section 6C Amended by No. 47 of 2003, s. 7, Applied:03 Oct 2003] A is the salary being paid to the current Chief Justice;

[Section 6C Amended by No. 47 of 2003, s. 7, Applied:03 Oct 2003] B is the salary paid to the current Chief Justice immediately before the increase.

6D.   Superannuation benefits for Governor first appointed after 1 July 1999

[Section 6D Inserted by No. 91 of 1999, s. 18, Applied:15 Dec 1999]

(1)  This section applies only in respect of a person first appointed as Governor after 1 July 1999.

(2)  [Section 6D Subsection (2) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 6D Subsection (2) inserted by No. 54 of 2016, s. 38, Applied:31 Mar 2017] 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 .

(3)  [Section 6D Subsection (3) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 6D Subsection (3) amended by No. 6 of 2013, s. 6, Applied:13 May 2013] [Section 6D Subsection (3) omitted by No. 54 of 2016, s. 38, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(4)  [Section 6D Subsection (4) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 6D Subsection (4) omitted by No. 54 of 2016, s. 38, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(5)  [Section 6D Subsection (5) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 6D Subsection (5) omitted by No. 54 of 2016, s. 38, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(6)  [Section 6D Subsection (6) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 6D Subsection (6) amended by No. 6 of 2013, s. 6, Applied:13 May 2013] [Section 6D Subsection (6) omitted by No. 54 of 2016, s. 38, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(6A)  [Section 6D Subsection (6A) amended by No. 6 of 2013, s. 6, Applied:13 May 2013] [Section 6D Subsection (6A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 6D Subsection (6A) omitted by No. 54 of 2016, s. 38, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(7)  [Section 6D Subsection (7) omitted by No. 54 of 2016, s. 38, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(8)  [Section 6D Subsection (8) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 6D Subsection (8) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] .  .  .  .  .  .  .  .  

6E.   

6F.   

7.   Appointment of Official Secretary and other officers

The Governor-in-Council may appoint and employ an Official Secretary, a Deputy Official Secretary, and such other officers as are considered necessary to assist the Governor in the performance of his duties.

8.   Supplementary provisions relating to officers

(1)  [Section 8 Subsection (1) substituted by No. 20 of 1984, s. 3 and Sched. 1 ]An officer holding appointment under section 7 –

(a) is entitled to such salary and allowances as are determined by an award made under the Industrial Relations Act 1984 ; and

(b) is bound by awards and decisions of the Tasmanian Industrial Commission under that Act.

(1A)  [Section 8 Subsection (1A) inserted by No. 20 of 1984, s. 3 and Sched. 1 ]The Industrial Relations Act 1984 applies to and in relation to an officer holding appointment under section 7 as if the Governor-in-Council were a controlling authority within the meaning of that Act.

(2)  [Section 8 Subsection (2) omitted by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(3)  [Section 8 Subsection (3) amended by No. 47 of 2003, s. 8, Applied:03 Oct 2003] [Section 8 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]An officer holding appointment under section 7 shall be deemed to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .

(4)  [Section 8 Subsection (4) inserted by No. 47 of 2003, s. 8, Applied:03 Oct 2003] [Section 8 Subsection (4) substituted by No. 54 of 2016, s. 40, Applied:31 Mar 2017] An officer holding appointment under section 7 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .

(5)  [Section 8 Subsection (5) inserted by No. 47 of 2003, s. 8, Applied:03 Oct 2003] [Section 8 Subsection (5) omitted by No. 54 of 2016, s. 40, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(6)  [Section 8 Subsection (6) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8 Subsection (6) inserted by No. 47 of 2003, s. 8, Applied:03 Oct 2003] [Section 8 Subsection (6) omitted by No. 54 of 2016, s. 40, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(7)  [Section 8 Subsection (7) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8 Subsection (7) inserted by No. 47 of 2003, s. 8, Applied:03 Oct 2003] [Section 8 Subsection (7) omitted by No. 54 of 2016, s. 40, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(8)  [Section 8 Subsection (8) inserted by No. 47 of 2003, s. 8, Applied:03 Oct 2003] [Section 8 Subsection (8) omitted by No. 54 of 2016, s. 40, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(9)  [Section 8 Subsection (9) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8 Subsection (9) inserted by No. 47 of 2003, s. 8, Applied:03 Oct 2003] [Section 8 Subsection (9) omitted by No. 54 of 2016, s. 40, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(10)  [Section 8 Subsection (10) inserted by No. 47 of 2003, s. 8, Applied:03 Oct 2003] [Section 8 Subsection (10) substituted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8 Subsection (10) omitted by No. 54 of 2016, s. 40, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(11)  [Section 8 Subsection (11) inserted by No. 47 of 2003, s. 8, Applied:03 Oct 2003] [Section 8 Subsection (11) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] .  .  .  .  .  .  .  .  

9.   Appointment of other employees

(1)  Subject to any directions given by the Governor, the Official Secretary may appoint and employ such persons (other than officers) as he considers necessary for the purposes of assisting the Governor or assisting in the management, administration, or maintenance of Government House.

(2)  A person may be employed under subsection (1) on a permanent, temporary, or casual basis and either full-time or part-time as, subject to any directions referred to in that subsection, the Official Secretary thinks fit.

(3)  [Section 9 Subsection (3) amended by No. 20 of 1984, s. 3 and Sched. 1 ]Subject to any relevant award under the Conciliation and Arbitration Act 1904 of the Commonwealth or the Industrial Relations Act 1984 , a person appointed under subsection (1) is entitled to remuneration at such rates and to such other terms and conditions of service (including leave) as may be determined by the Official Secretary.

(4)  [Section 9 Subsection (4) inserted by No. 47 of 2003, s. 9, Applied:03 Oct 2003] [Section 9 Subsection (4) substituted by No. 54 of 2016, s. 41, Applied:31 Mar 2017] A person appointed and employed under subsection (1) is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .

(5)  [Section 9 Subsection (5) inserted by No. 47 of 2003, s. 9, Applied:03 Oct 2003] [Section 9 Subsection (5) omitted by No. 54 of 2016, s. 41, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(6)  [Section 9 Subsection (6) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 9 Subsection (6) inserted by No. 47 of 2003, s. 9, Applied:03 Oct 2003] [Section 9 Subsection (6) omitted by No. 54 of 2016, s. 41, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(7)  [Section 9 Subsection (7) inserted by No. 47 of 2003, s. 9, Applied:03 Oct 2003] [Section 9 Subsection (7) omitted by No. 54 of 2016, s. 41, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(8)  [Section 9 Subsection (8) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 9 Subsection (8) inserted by No. 47 of 2003, s. 9, Applied:03 Oct 2003] [Section 9 Subsection (8) omitted by No. 54 of 2016, s. 41, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(9)  [Section 9 Subsection (9) inserted by No. 47 of 2003, s. 9, Applied:03 Oct 2003] [Section 9 Subsection (9) substituted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 9 Subsection (9) omitted by No. 54 of 2016, s. 41, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

9A.    State Service Act 2000 not to apply

[Section 9A Inserted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 9A Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The State Service Act 2000 does not apply to a person appointed and employed under this Act.

10.   Appropriation

[Section 10 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] [Section 10 Substituted by No. 91 of 1999, s. 19, Applied:15 Dec 1999] An amount payable under section 4 , 5 , 6 , 6AA or 6D is payable out of the Public Account which, to the necessary extent, is appropriated accordingly.

11.   Repeals

The Governor's Salary Act 1951 and the Governor's Salary Act 1976 are repealed.

12.   Savings and transitional provisions

(1)  Where, immediately before the commencement of this Act, a person was employed as an officer under section 6 of the Governor's Salary Act 1951 or was an officer of the Public Service employed to assist the Governor in the performance of his duties as such, that person shall continue to be so employed and shall be deemed to have been appointed as an officer under section 7 of this Act.

(2)  A person referred to in subsection (1) who, immediately before the commencement of this Act, was an officer of the Public Service shall cease to be such an officer on that commencement.

(3)  A person referred to in subsection (1) shall retain any rights accrued or accruing to him, before the commencement of this Act, as an officer employed under section 6 of the Governor's Salary Act 1951 or as an officer of the Public Service, including any entitlement to annual leave, sick leave, and long service leave.

(4)  A person referred to in subsection (1) shall, for any period of service in respect of which he has made contributions to the Superannuation Fund or the Retirement Benefits Fund, be deemed to have been an employee for the purposes of the Superannuation Act 1938 or, as the case may be, the Retirement Benefits Act 1970 or the Retirement Benefits Act 1982 .

SCHEDULE 1 - Family Law (Splitting of Superannuation Interests)

Section 6BA(1)(b) and (2)

1.   Interpretation

[Schedule 1 Amended by No. 5 of 2004, Sched. 1, Applied:09 Jun 2004] In this Schedule –

Family Law Act means the Family Law Act 1975 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act;

flagging order means an order mentioned in section 90MU(1) of the Family Law Act;

member has the meaning given by section 90MD of the Family Law Act;

member spouse has the meaning given by section 90MD of the Family Law Act;

non-member spouse has the meaning given by section 90MD of the Family Law Act;

operative time has the meaning given by section 90MD of the Family Law Act;

splittable payment has a meaning in accordance with section 90ME of the Family Law Act;

splitting instrument means a superannuation agreement, a flagging order, a flag lifting agreement or a splitting order;

splitting order means an order mentioned in section 90MT(1) of the Family Law Act;

spouse has the meaning given by section 90MD of the Family Law Act;

superannuation agreement has the meaning given by section 90MH of the Family Law Act;

superannuation interest has the meaning given by section 90MD of the Family Law Act.

2.   Application of Schedule

This Schedule applies to –

(a) any benefit under this Act that is a superannuation interest; and

(b) any splitting instrument that has an operative time on or after 28 December 2002.

3.   Objects of Schedule

(1) The objects of this Schedule are to carry into effect the provisions of the Family Law Act relating to the splitting of superannuation interests.

(2) If a provision of this Schedule is inconsistent with a provision of the Family Law Act, the latter provision prevails to the extent of the inconsistency.

4.   Duty of Minister to give effect to splitting instruments under Family Law Act

(1) Where a splitting instrument affects an entitlement to a benefit of a member spouse under this Act, the Minister must give effect to that instrument in paying or determining that benefit.

(2) The Minister is not to make a payment to a non-member spouse under this Act before a splittable payment is payable to, or in respect of, the relevant member spouse.

5.   Commutation of pension on death of non-member spouse

(1) Where a share of a pension is payable to a non-member spouse under this Schedule, the Minister is to commute that share to a lump sum if that non-member spouse predeceases the member spouse in respect of whom the pension is being paid.

(2) For the purposes of subclause (1) , the commutation factors are to be determined by the Minister on the advice of the Actuary.

(3) A share of a pension paid or payable to a non-member spouse under this Schedule does not revert to the widow or widower of that non-member spouse on the death of that non-member spouse.

(4) A lump sum payment calculated under subclause (1) is to be paid to the legal personal representative of the non-member spouse and is to be made in accordance with Part VIIIB of the Family Law Act.

(5) A share of a pension payable to a non-member spouse under this Schedule ceases –

(a) on the death of the relevant member spouse; or

(b) where a reversionary pension is payable in respect of a member spouse, on the cessation of that reversionary pension.

6.   Effect of benefit under splitting instrument

If a member spouse dies and is survived by a non-member spouse who has received, is receiving or is entitled to receive, a benefit under a splitting instrument in respect of the superannuation interest of the member spouse, that non-member spouse is not entitled to a benefit under this Act in respect of the deceased member spouse except in accordance with that instrument.

7.   Fees for administration of Schedule

For the purposes of administering this Schedule, the Minister may charge reasonable fees in accordance with the Family Law Act.

8.   Provision of information by Minister

[Schedule 1 Amended by No. 5 of 2004, Sched. 1, Applied:09 Jun 2004] Where an eligible person, within the meaning of section 90MZB of the Family Law Act, has applied to the Minister for information in accordance with that section about the superannuation interest of a person entitled to a pension under this Act, the Minister must comply with the requirements of that Act as if he or she were the trustee of a superannuation fund.