Western Australia
State Superannuation (Transitional and Consequential Provisions) Act 2000
CONTENTS
Part 1 — Introductory
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Power to restore lost rights 3
Part 2 — Transitional provisions
5. Policies and strategies of the Board 4
6. Board members continue as directors 4
7. Protection from liability 5
8. Common seal 5
9. Staff 5
10. Delegation 6
11. Review of decisions of the Board 6
12. Actuarial investigation 7
13. Review of investments 7
14. Investment manager 7
15. Recovery of money owing to the Fund 8
16. Approval of other superannuation schemes 8
17. Guarantee of Board’s obligations 9
18. Treasurer’s approvals and guidelines 9
19. Treasurer’s directions to Employers 9
20. Minister’s directions to the Board 9
21. Minister to have access to information 9
22. Determination of remuneration 9
23. Board procedures 10
24. Disclosure of interests 10
25. Transitional regulations 10
26. Continuation of rules for continued schemes 11
Part 3 — Consequential amendments
27. Agriculture and Related Resources Protection Act 1976 amended 12
28. Agriculture Protection Board Act 1950 amended 12
29. Alcohol and Drug Authority Act 1974 amended 12
30. Animal Resources Authority Act 1981 amended 13
31. Anti‑Corruption Commission Act 1988 amended 13
32. Art Gallery Act 1959 amended 13
33. Builders’ Registration Act 1939 amended 13
34. Commercial Tribunal Act 1984 amended 14
35. Constitution Acts Amendment Act 1899 amended 14
36. Coroners Act 1996 amended 14
37. Corporations (Western Australia) Act 1990 amended 15
38. Curtin University of Technology Act 1966 amended 15
39. Director of Public Prosecutions Act 1991 amended 16
40. Edith Cowan University Act 1984 amended 17
41. Education Act 1928 amended 17
42. Electricity Corporation Act 1994 amended 18
43. Family Court Act 1997 amended 18
44. Financial Administration and Audit Act 1985 amended 19
45. Gas Corporation Act 1994 amended 19
46. Gold Corporation Act 1987 amended 19
47. Government Railways Act 1904 amended 20
48. Hospitals and Health Services Act 1927 amended 20
49. Housing Loan Guarantee Act 1957 amended 21
50. Insurance Commission of Western Australia Act 1986 amended 22
51. Judges’ Salaries and Pensions Act 1950 amended 22
8A. Pension of widow in receipt of another pension reducible by the State share of pension23
52. Land Tax Assessment Act 1976 amended 23
53. Law Reform Commission Act 1972 amended 23
54. Library Board of Western Australia Act 1951 amended 24
55. Metropolitan (Perth) Passenger Transport Trust Act 1957 amended 24
56. Museum Act 1969 amended 25
57. Perth Theatre Trust Act 1979 amended 25
58. Port Authorities Act 1999 amended 25
59. Public Sector Management Act 1994 amended 26
60. Retirement Villages Act 1992 amended 26
61. Rural Adjustment and Finance Corporation Act 1993 amended 26
62. School Education Act 1999 amended 27
63. Small Claims Tribunals Act 1974 amended 27
64. Solicitor‑General Act 1969 amended 27
65. Statutory Corporations (Liability of Directors) Act 1996 amended 27
66. Stipendiary Magistrates Act 1957 amended 28
67. Strata Titles Act 1985 amended 28
68. Supreme Court Act 1935 amended 28
69. Transport Co‑ordination Act 1966 amended 29
70. Water Corporation Act 1995 amended 29
71. Western Australian Coastal Shipping Commission Act 1965 amended 30
72. Western Australian Land Authority Act 1992 amended 30
73. Western Australian Tourism Commission Act 1983 amended 30
74. Workers’ Compensation and Rehabilitation Act 1981 amended 31
75. Various provisions repealed 31
Western Australia
State Superannuation (Transitional and Consequential Provisions) Act 2000
No. 43 of 2000
An Act to —
· amend various Acts; and
· enact transitional provisions,
as a consequence of the enactment of the State Superannuation Act 2000.
[Assented to 2 November 2000]
The Parliament of Western Australia enacts as follows:
Part 1 — Introductory
1. Short title
This Act may be cited as the State Superannuation (Transitional and Consequential Provisions) Act 2000.
2. Commencement
(1) Parts 1 and 2 and sections 35, 42, 45, 49, 52, 58, 59(b), 65, 69 and 70 come into operation on the day on which the State Superannuation Act 2000 comes into operation.
(2) Part 3, other than the provisions referred to in subsection (1), comes into operation on a day fixed by proclamation.
(3) Different days may be fixed under subsection (2) for different provisions.
3. Interpretation
(1) In this Act —
“commencement day” means the day on which this Part comes into operation;
“continues” means continues in force on and after the commencement day;
“current” means in force immediately before the commencement day.
(2) Where terms defined in the State Superannuation Act 2000 are used in this Act they have the same meaning in this Act as they have in that Act.
4. Power to restore lost rights
If as a result of the coming into operation of this Act a person has ceased to be entitled to a right, privilege or benefit to which the person was, or might have been, entitled immediately before the commencement day the Minister may —
(a) permit the person to exercise the right;
(b) grant the person the privilege; or
(c) pay the benefit to the person.
Part 2 — Transitional provisions
5. Policies and strategies of the Board
Current policies for the administration of the GES Act or the S&FB Act determined by the Board under section 6(1)(a) of the GES Act, continue as policies determined by the Board in the exercise of its functions under section 6(1) of the State Superannuation Act 2000.
6. Board members continue as directors
(1) The chairman of the Board appointed under section 5(3)(a) of the GES Act continues as chairman as if the appointment had been made under section 8(1)(a) of the State Superannuation Act 2000.
(2) The members of the Board appointed under section 5(3)(b) of the GES Act continue as Employer directors as if their appointments had been made under section 8(1)(b) of the State Superannuation Act 2000.
(3) The members of the Board elected under section 5(3)(c) of the GES Act continue as Member directors as if they had been elected under section 8(1)(c) of the State Superannuation Act 2000.
(4) The deputy chairman appointed under clause 2 of Schedule 3 to the GES Act continues as deputy chairman as if the appointment had been made under clause 2 of Schedule 1 to the State Superannuation Act 2000.
(5) If an election for the purposes of section 5(3)(c) of the GES Act was called before the commencement day but as at that day is not concluded —
(a) the election is to be conducted in accordance with the GES Act as if it were still in operation; and
(b) a director elected at the election continues as a Member director as if the election had been held under section 8(1)(c) of the State Superannuation Act 2000.
7. Protection from liability
The protection from liability provided by clause 4 of Schedule 3 to the GES Act in respect of matters or things done or omitted to be done for the purposes of that Act, continues as if that clause were still in operation.
8. Common seal
(1) On the commencement day the common seal of the Board under section 5(2) of the GES Act becomes the common seal of the Board under the State Superannuation Act 2000.
(2) A current direction given by the Board as to the custody of the common seal under clause 11(b) of Schedule 3 to the GES Act, continues as a direction under section 10(2)(b) of the State Superannuation Act 2000.
(3) A current authorization given by the Board as to the use of the common seal under clause 11(c) of Schedule 3 to the GES Act, continues as an authorization under section 10(2)(c) of the State Superannuation Act 2000.
9. Staff
(1) Current appointments made under the Public Sector Management Act 1994 in accordance with section 8 of the GES Act, continue as if they had been made in accordance with section 11(1) of the State Superannuation Act 2000.
(2) Current appointments and contracts of employment under section 8(2) of the GES Act continue as if they had been made under section 11(2) of the State Superannuation Act 2000.
(3) Current contracts for services under section 8(3) of the GES Act, continue as if they had been made in accordance with section 7(2)(b) of the State Superannuation Act 2000.
10. Delegation
A current delegation made by the Board under section 56 of the GES Act, continues as a delegation under section 12 of the State Superannuation Act 2000.
11. Review of decisions of the Board
(1) A person —
(a) referred to in section 54 of the GES Act who is aggrieved by a decision of the Board made under that Act; or
(b) aggrieved by a decision of the Board under the S&FB Act,
may apply under section 13(1) of the State Superannuation Act 2000 for a review of that decision as if it had been made under the State Superannuation Act 2000.
(2) If a person made representations to the Board under section 54(1) of the GES Act before the commencement day but as at that day the Board has not reviewed the decision to which the representations relate, the Board is to review the decision as if —
(a) the decision were a decision under the State Superannuation Act 2000; and
(b) the representations were an application under section 13(1) of the State Superannuation Act 2000.
(3) If a person referred a dispute to the Board for resolution under section 85 of the S&FB Act before the commencement day but as at that day the Board has not resolved the dispute, the Board is to review the decision the subject of the dispute as if —
(a) the decision were a decision under the State Superannuation Act 2000; and
(b) the referral of the dispute were an application under section 13(1) of the State Superannuation Act 2000.
(4) If proceedings for the resolution of a dispute were commenced in the Supreme Court under section 85 of the S&FB Act before the commencement day but as at that day the proceedings have not been determined, the proceedings are to be dealt with and determined in accordance with the S&FB Act as if that Act were still in operation.
12. Actuarial investigation
If an actuarial investigation under section 11 of the GES Act or section 30 of the S&FB Act commenced before the commencement day but as at that day a report on the results of the investigation has not been received by the Board, the actuary is to continue the investigation and report on it as if it were an investigation under section 17 of the State Superannuation Act 2000.
13. Review of investments
If an investment review under section 13(6) of the GES Act commenced before the commencement day but as at that day has not been completed, the Board is to continue the review as if it were a review under section 19(3) of the State Superannuation Act 2000.
14. Investment manager
(1) A current approval of a person as an investment manager given by the Treasurer under section 13(4) of the GES Act, continues as an approval under section 23(1)(b) of the State Superannuation Act 2000.
(2) A current appointment of a person as an investment manager made under section 13(4) of the GES Act, continues as an appointment under section 23(1) of the State Superannuation Act 2000.
(3) A current delegation to an investment manager under section 13(5) of the GES Act, continues as a delegation under section 23(2) of the State Superannuation Act 2000.
15. Recovery of money owing to the Fund
(1) On the commencement day any money owing to the Fund under the GES Act or the S&FB Act immediately before that day becomes money owing to the Fund under the State Superannuation Act 2000.
(2) If proceedings for the recovery of money owing to the Fund were commenced under section 16(1)(a) of the GES Act or section 88 of the S&FB Act before the commencement day but as at that day have not been completed, the proceedings are to be dealt with and determined in accordance with the GES Act or the S&FB Act, as the case requires, as if that Act were still in operation.
(3) A current determination made under section 16(1)(c) of the GES Act, continues as if it had been set out in a direction under section 26(2) of the State Superannuation Act 2000.
(4) A current written request made under section 16(2) of the GES Act, continues as a direction under section 26(2) of the State Superannuation Act 2000.
(5) A current determination as to a rate of interest made under section 16(3) of the GES Act or section 49 of the S&FB Act, continues as a determination under section 25(1) of the State Superannuation Act 2000.
16. Approval of other superannuation schemes
(1) A current approval given by the Treasurer under section 56A of the GES Act, continues as an approval of the Treasurer and the Minister under section 30(1) of the State Superannuation Act 2000.
(2) A current approval given by the Treasurer for the purposes of the GES Act allowing an Employer to make superannuation contributions other than under the S&FB Act or the GES Act continues as an approval of the Treasurer and the Minister under section 30(2) of the State Superannuation Act 2000.
17. Guarantee of Board’s obligations
A current guarantee given by the Treasurer under section 15(1) of the GES Act, continues as a guarantee under section 31(1)(b) of the State Superannuation Act 2000.
18. Treasurer’s approvals and guidelines
(1) A current approval given by the Treasurer under section 13(2) or 14 of the GES Act, continues as an approval under section 18(1) or 24 respectively of the State Superannuation Act 2000.
(2) Current guidelines issued by the Treasurer under section 13(3) of the GES Act, continue as guidelines under section 33(2) of the State Superannuation Act 2000.
19. Treasurer’s directions to Employers
Current instructions issued by the Treasurer under section 52A of the GES Act, continue as directions given by the Minister under section 34 of the State Superannuation Act 2000.
20. Minister’s directions to the Board
A current direction given under section 6(3) of the GES Act, continues as a direction under section 35 of the State Superannuation Act 2000.
21. Minister to have access to information
A current request for information or access to information made by the Minister under section 8A(2)(a) or (b) of the GES Act, continues as a request under section 36(2)(a) of the State Superannuation Act 2000.
22. Determination of remuneration
A current determination made by the Minister under section 7 of the GES Act, continues as a determination under clause 7 of Schedule 1 to the State Superannuation Act 2000.
23. Board procedures
Current procedures determined by the Board under clause 7 of Schedule 3 to the GES Act, continue as procedures under clause 1 of Schedule 2 of the State Superannuation Act 2000.
24. Disclosure of interests
A current disclosure made by a member of the Board under clause 5 of Schedule 3 to the GES Act, continues as a disclosure under clause 10 of Schedule 2 to the State Superannuation Act 2000.
25. Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, or are necessary or convenient, for dealing with that transitional matter.
(2) Regulations made under subsection (1) may specify as the day on which they come into operation a day that is earlier than the day on which they are published in the Gazette.
(3) Subregulation (2) does not apply to regulations that will or may affect a person, except the Crown or an Employer, by —
(a) prejudicing rights that existed before the regulation was published; or
(b) imposing liabilities in respect of anything that occurred before the regulation was published.
(4) In subsection (1) —
“transitional matter” means a matter that it is necessary or convenient to deal with for the purpose of effecting the transition from the S&FB Act and the GES Act to the State Superannuation Act 2000.
26. Continuation of rules for continued schemes
(1) Despite the repeals effected by section 39 of the State Superannuation Act 2000 —
(a) the provisions of Parts I (including Schedule 1), VIIA, VIIB and VIII (including Schedule 4) of the GES Act continue to apply to and in relation to the superannuation scheme continued by section 29(a) of the State Superannuation Act 2000;
(b) Parts I (including Schedule 1), IV, V, VI, VII, VIIB and VIII (including Schedule 4) of the GES Act continue to apply to and in relation to the superannuation scheme continued by section 29(b) of the State Superannuation Act 2000; and
(c) the provisions of the S&FB Act continue to apply to and in relation to the superannuation schemes continued by section 29(c) and (d) of the State Superannuation Act 2000.
(2) The provisions referred to in subsection (1)(a), (b) or (c) continue to apply —
(a) as if they were regulations made under section 38 of the State Superannuation Act 2000; and
(b) only to the extent that they are not inconsistent with that Act.
(3) Regulations may be made under section 38 of the State Superannuation Act 2000 to amend, or to discontinue the application of, the provisions of the GES Act and the S&FB Act continued by this section.
(4) While any provisions of the GES Act or S&FB Act continue to apply under this section a reference in an Act amended by Part 3 to the Government Employees Superannuation Act 1987 or the Superannuation and Family Benefits Act 1938 is to be read, where it is appropriate in the context to do so, as including a reference to the provisions of that Act as so continuing.
Part 3 — Consequential amendments
27. Agriculture and Related Resources Protection Act 1976 amended
Section 9(5) of the Agriculture and Related Resources Protection Act 1976* is amended as follows:
(a) by deleting “1994,” and inserting instead —
“ 1994 or ”;
(b) by deleting “or the Superannuation and Family Benefits Act 1938”.
[* Reprinted as approved 10 February 1981.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 7.]
28. Agriculture Protection Board Act 1950 amended
Section 8A of the Agriculture Protection Board Act 1950* is amended as follows:
(a) by deleting “1994,” and inserting instead —
“ 1994 or ”;
(b) by deleting “or the Superannuation and Family Benefits Act 1938”.
[* Reprinted as at 3 September 1999.]
29. Alcohol and Drug Authority Act 1974 amended
The Alcohol and Drug Authority Act 1974* is amended as follows:
(a) in section 21(3)(a) by deleting “, and, subject to section 22, in particular his rights if any under the Superannuation and Family Benefits Act 1938”;
(b) by repealing section 22.
[* Reprinted as at 1 April 1999.]
30. Animal Resources Authority Act 1981 amended
The Animal Resources Authority Act 1981* is amended as follows:
(a) in section 13(b) by deleting “, including his rights under the Superannuation and Family Benefits Act 1938”;
(b) by repealing section 14.
[* Act No. 53 of 1981.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 14.]
31. Anti‑Corruption Commission Act 1988 amended
Section 6 of the Anti‑Corruption Commission Act 1988* is amended as follows:
(a) in subsection (4) by deleting “, including any rights under the Superannuation and Family Benefits Act 1938,”;
(b) in subsection (9) by deleting “and for the purposes of the Superannuation and Family Benefits Act 1938”.
[* Reprinted as at 1 November 1996.]
32. Art Gallery Act 1959 amended
Section 16(3) of the Art Gallery Act 1959* is amended by deleting “and to such rights prescribed by or pursuant to the provisions of the Superannuation and Family Benefits Act 1938,”.
[* Reprinted as at 30 March 1989.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 16.]
33. Builders’ Registration Act 1939 amended
(1) Section 5AA(2)(a) of the Builders’ Registration Act 1939* is amended by deleting “and the Government Employees Superannuation Act 1987”.
(2) Section 5AA(2)(a) of the Builders’ Registration Act 1939* is amended by deleting “, including rights under the Superannuation and Family Benefits Act 1938,”.
[* Reprinted as at 19 March 1999.]
34. Commercial Tribunal Act 1984 amended
Section 9(2)(a) of the Commercial Tribunal Act 1984* is amended by deleting “, including his rights under the Superannuation and Family Benefits Act 1938,”.
[* Act No. 103 of 1984.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 41.]
35. Constitution Acts Amendment Act 1899 amended
Part 3 of Schedule V to the Constitution Acts Amendment Act 1899* is amended as follows:
(a) by inserting the following item after the item for “The Government Employees’ Housing Authority” —
“
The Government Employees Superannuation Board under the State Superannuation Act 2000.
”;
(b) by deleting the item “The Superannuation Board constituted under the Superannuation and Family Benefits Act 1938.”.
[* Reprinted as at 15 April 1999.
For subsequent amendments see Acts Nos. 53 of 1998 and 5, 8, 26 and 34 of 1999.]
36. Coroners Act 1996 amended
(1) Section 6(5) of the Coroners Act 1996* is amended by deleting “or a member within the meaning of the Government Employees Superannuation Act 1987”.
(2) Section 6(5) of the Coroners Act 1996* is repealed.
[* Act No. 2 of 1996.
For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 53 and Act No. 8 of 2000.]
37. Corporations (Western Australia) Act 1990 amended
(1) Section 83 of the Corporations (Western Australia) Act 1990* is amended as follows —
(a) at the end of subsection (1)(b)(i) by deleting “; or” and inserting a comma instead;
(b) by deleting subsection (1)(b)(ii).
(2) Section 83 of the Corporations (Western Australia) Act 1990* is repealed.
[* Act No. 105 of 1990.
For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 53.]
38. Curtin University of Technology Act 1966 amended
The Curtin University of Technology Act 1966* is amended as follows:
(a) in section 29(1) by deleting “and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938;
(b) by repealing section 29(2);
(c) in section 30A(3) by deleting “contributor for pension, superannuation or benefits under the Superannuation and Family Benefits Act 1938.” and inserting instead —
“
Member of a superannuation scheme continued by section 29(c) or (d) of the State Superannuation Act 2000.
”.
[* Reprinted as at 28 July 1999.]
39. Director of Public Prosecutions Act 1991 amended
(1) Clause 3 of Schedule 1 to the Director of Public Prosecutions Act 1991* is amended as follows:
(a) in subclause (1) by deleting “or the Government Employees Superannuation Act 1987”;
(b) in subclause (2) by deleting “the Government Employees Superannuation Act 1987 and”;
(c) by deleting subclause (3);
(d) in subclause (5) by deleting “Where subclause (1) does not apply” and inserting instead —
“
If the Director is not a contributor within the meaning of the Superannuation and Family Benefits Act 1938 or a member under the State Superannuation Act 2000
”;
(e) in subclause (7) by deleting “enactments referred to in subclause (1)” and inserting instead —
“
Superannuation and Family Benefits Act 1938 or the State Superannuation Act 2000
”;
(f) in subclause (8) by deleting “any enactment referred to in subclause (1)” and inserting instead —
“
the Superannuation and Family Benefits Act 1938 or the State Superannuation Act 2000
”.
(2) Clause 3 of Schedule 1 to the Director of Public Prosecutions Act 1991* is amended as follows:
(a) subclauses (1), (2) and (4) are deleted;
(b) in subclause (5) by deleting “a contributor within the meaning of the Superannuation and Family Benefits Act 1938 or”;
(c) in subclause (7) by deleting “Superannuation and Family Benefits Act 1938 or the”;
(d) in subclause (8) by deleting “the Superannuation and Family Benefits Act 1938 or”.
[* Act No. 12 of 1991.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 71.]
40. Edith Cowan University Act 1984 amended
The Edith Cowan University Act 1984* is amended as follows:
(a) in section 32(1) by deleting “, retirement and his rights if any under the Superannuation and Family Benefits Act 1938.” and inserting instead —
“ and retirement. ”;
(b) by repealing section 32(2);
(c) in section 34(3) by deleting “contributor for pension, superannuation or benefits under the Superannuation and Family Benefits Act 1938.” and inserting instead —
“
Member of a superannuation scheme continued by section 29(c) or (d) of the State Superannuation Act 2000.
”.
[* Reprinted as at 1 October 1999].
41. Education Act 1928 amended
The Education Act 1928* is amended as follows:
(a) in section 7D(15) by deleting “forms part of his period of service or employment under this Act for the purposes of the Superannuation and Family Benefits Act 1938 and”;
(b) in section 36A by deleting “becomes a contributor for the purposes of the Superannuation and Family Benefits Act 1938.” and inserting instead —
“
is a Member of a superannuation scheme continued by section 29(c) or (d) of the State Superannuation Act 2000.
”.
[* Reprinted as at 11 August 1992.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 76-7, and Act No. 26 of 1999.]
42. Electricity Corporation Act 1994 amended
Section 19(4) of the Electricity Corporation Act 1994* is amended by deleting “Superannuation and Family Benefits Act 1938 or the Government Employees Superannuation Act 1987” and inserting instead —
“ State Superannuation Act 2000 ”.
[* Act No. 86 of 1994.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 81, and Act No. 26 of 1999.]
43. Family Court Act 1997 amended
(1) Section 17 of the Family Court Act 1997* is amended by deleting “or a member within the meaning of the Government Employees Superannuation Act 1987”.
(2) Section 17 of the Family Court Act 1997* is repealed.
[* Act No. 40 of 1997.]
44. Financial Administration and Audit Act 1985 amended
Section 73 of the Financial Administration and Audit Act 1985* is amended as follows:
(a) in paragraph (a) by deleting “, including his rights under the Superannuation and Family Benefits Act 1938,”;
(b) in paragraph (b) by deleting “his rights (if any) under the Superannuation and Family Benefits Act 1938, and such other” and inserting instead —
“ such ”.
[* Reprinted as at 9 July 1999.
For subsequent amendments see Acts Nos. 5 and 8 of 1999.]
45. Gas Corporation Act 1994 amended
Section 19(4) of the Gas Corporation Act 1994* is amended by deleting “Superannuation and Family Benefits Act 1938 or the Government Employees Superannuation Act 1987” and inserting instead —
“ State Superannuation Act 2000 ”.
[* Act No. 87 of 1994.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 102-3, and Acts Nos. 65 of 1998 and 20 and 26 of 1999.]
46. Gold Corporation Act 1987 amended
(1) Schedule 2 to the Gold Corporation Act 1987* is amended in clause 3(2)(c) by deleting “an employer listed in Schedule 1 of the Government Employees Superannuation Act 1987” and inserting instead —
“
by a person who, or body that, is an Employer for the purposes of the State Superannuation Act 2000
”.
(2) Schedule 2 of the Gold Corporation Act 1987* is amended as follows:
(a) in clause 1 by deleting the definitions of “contributor” and “service”;
(b) in clause 3(2)(c) by deleting “in a permanent capacity by any Crown instrumentality or other body which is, or is deemed to be, a department for the purposes of the Superannuation and Family Benefits Act 1938 or”;
(c) in clause 4(1) by deleting “or otherwise was a contributor to units of pension or to the Provident Account under the Superannuation and Family Benefits Act 1938” and “or any existing accruing rights under the Superannuation and Family Benefits Act 1938”;
(d) by deleting clause 4(2) and (3).
[* Reprinted as at 24 August 1994.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 105.]
47. Government Railways Act 1904 amended
Section 11(1) of the Government Railways Act 1904* is amended by deleting “or the Superannuation and Family Benefits Act 1938-1947,”.
[* Reprinted as approved 27 October 1982.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 107-9, and Acts Nos. 32 of 1998 and 26 of 1999.]
48. Hospitals and Health Services Act 1927 amended
(1) Section 7E of the Hospitals and Health Services Act 1927* is amended as follows:
(a) in subsection (2) —
(i) at the end of paragraph (c) by deleting “; or” and inserting a comma instead;
(ii) by deleting paragraph (d);
(b) in subsection (5) by deleting “the Government Employees Superannuation Act 1987” and inserting instead —
“
a superannuation scheme under the State Superannuation Act 2000
”.
(2) The Hospitals and Health Services Act 1927* is amended as follows:
(a) in section 7E(2) —
(i) at the end of paragraph (b) by deleting the comma and inserting a full stop instead;
(ii) by deleting the rest of the subsection;
(b) in section 7E(5) by deleting “the scheme for accrued or accruing benefits under the Superannuation and Family Benefits Act 1938,”;
(c) in section 12A(1) by deleting “contributors for the purposes of the Superannuation and Family Benefits Act 1938.” and inserting instead —
“
Members of a superannuation scheme continued by section 29(c) or (d) of the State Superannuation Act 2000.
”.
[* Reprinted as at 22 April 1993.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 117-8, and Act No. 26 of 1999.]
49. Housing Loan Guarantee Act 1957 amended
Section 5(1)(d) of the Housing Loan Guarantee Act 1957* is deleted and the following paragraph is inserted instead —
“
(d) the Government Employees Superannuation Board under the State Superannuation Act 2000;
”.
[* Reprinted as approved 20 May 1974.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 118-9, and Acts Nos. 2 and 26 of 1999.]
50. Insurance Commission of Western Australia Act 1986 amended
Clause 16(2) of Schedule 4 to the Insurance Commission of Western Australia Act 1986* is amended by deleting “(including, if he is a contributor under the Superannuation and Family Benefits Act 1938, his rights under that Act)”.
[* Act No. 51 of 1986.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 123-4.]
51. Judges’ Salaries and Pensions Act 1950 amended
(1) The amendments in this section are to the Judges’ Salaries and Pensions Act 1950*.
(2) Section 6(3)(c) is deleted and the following paragraph is inserted instead —
“
(c) is a Member under the State Superannuation Act 2000 and is in receipt of a pension under that Act, then the pension under this Act is to be reduced by an amount equal to the State share (as defined under that Act) of the pension payable under the State Superannuation Act 2000.
”.
(3) Section 6(4) is repealed.
(4) Section 8A is repealed and the following section is inserted instead —
“
8A. Pension of widow in receipt of another pension reducible by the State share of pension
If a widow entitled to, or in receipt of, a widow’s pension under this Act is in receipt of a widow’s pension under the State Superannuation Act 2000 then the pension under this Act is to be reduced by an amount equal to the State share (as defined under that Act) of her pension under the State Superannuation Act 2000.
”.
[* Reprinted as at 3 March 1994.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 128-9.]
52. Land Tax Assessment Act 1976 amended
Section 5(1) of the Land Tax Assessment Act 1976* is amended in the definition of “public statutory authority” by deleting “established by the Government Employees Superannuation Act 1987” and inserting instead —
“ under the State Superannuation Act 2000 ”.
[* Reprinted as at 30 July 1996.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 137-8.]
53. Law Reform Commission Act 1972 amended
Section 9 of the Law Reform Commission Act 1972* is amended as follows:
(a) in subsection (5)(b) by deleting “,; including his rights under the Superannuation and Family Benefits Act 1938,”;
(b) by deleting subsection (6).
[* Act No. 59 of 1972.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 139.]
54. Library Board of Western Australia Act 1951 amended
The Library Board of Western Australia Act 1951* is amended as follows:
(a) in section 5(14) by deleting “or the Superannuation and Family Benefits Act 1938‑1950,”;
(b) in section 6(2) by deleting “and to such rights prescribed by or pursuant to the provisions of the Superannuation and Family Benefits Act 1938‑1950,”.
[* Reprinted as approved 17 May 1984.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 143.]
55. Metropolitan (Perth) Passenger Transport Trust Act 1957 amended
Section 42(3)(a), (b) and (c) of the Metropolitan (Perth) Passenger Transport Trust Act 1957* are deleted and the following paragraph is inserted instead —
“
(a) The Trust may enter into and carry out an agreement for the purpose of providing pension, superannuation, sickness, or family benefits, or long service leave benefits, or other benefits of a similar nature, for all or any of its employees.
”.
[* Reprinted as at 27 July 1999.]
56. Museum Act 1969 amended
The Museum Act 1969* is amended as follows:
(a) in section 26 by deleting “and, in particular, his rights, if any, under the Superannuation and Family Benefits Act 1938”;
(b) deleting section 27(1) and (2).
[* Reprinted as at 20 August 1999.]
57. Perth Theatre Trust Act 1979 amended
Section 17 of the Perth Theatre Trust Act 1979* is amended as follows:
(a) in subsection (4)(b) by deleting “, including his rights under the Superannuation Act,”;
(b) by repealing subsections (5) and (8).
[* Act No. 79 of 1979.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 187-8.]
58. Port Authorities Act 1999 amended
Section 19 of the Port Authorities Act 1999* is amended as follows:
(a) in subsection (1) by deleting “section 56A of the Government Employees Superannuation Act 1987” and inserting instead —
“ section 30 of the State Superannuation Act 2000 ”;
(b) in subsection (4) by deleting “Superannuation and Family Benefits Act 1938 or the Government Employees Superannuation Act 1987” and inserting instead —
“ State Superannuation Act 2000 ”.
[* Act No. 22 of 1999.]
59. Public Sector Management Act 1994 amended
The Public Sector Management Act 1994* is amended as follows:
(a) by repealing section 20(1);
(b) in Schedule 2, item 16 by deleting “established under the Government Employees Superannuation Act 1987” and inserting instead —
“ under the State Superannuation Act 2000 ”.
[* Reprinted as at 26 March 1999.
For subsequent amendments see Acts Nos. 53 of 1998 and 5 of 1999 and Gazette 14 May, 2 July and 24 September 1999.]
60. Retirement Villages Act 1992 amended
(1) Section 25(1)(g)(i) of the Retirement Villages Act 1992* is amended by deleting “and the Government Employees Superannuation Act 1987”.
(2) Section 25(1)(g)(i) of the Retirement Villages Act 1992* is amended by deleting “, and in particular his or her rights, if any, under the Superannuation and Family Benefits Act 1938”.
[* Reprinted as at 22 January 1999.]
61. Rural Adjustment and Finance Corporation Act 1993 amended
(1) Section 51(2)(b) of the Rural Adjustment and Finance Corporation Act 1993* is amended by deleting “or the Government Employees Superannuation Act 1987”.
(2) Section 51(2)(b) of the Rural Adjustment and Finance Corporation Act 1993* is amended by deleting “, including any under the Superannuation and Family Benefits Act 1938,”.
[* Act No. 10 of 1993.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 222-3.]
62. School Education Act 1999 amended
Clause 14 in Schedule 1 to the School Education Act 1999* is repealed.
[* Act No. 36 of 1999.]
63. Small Claims Tribunals Act 1974 amended
Section 8(1)(g)(i) of the Small Claims Tribunals Act 1974* is amended by deleting “, and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938”.
[* Reprinted as at 2 July 1999.]
64. Solicitor‑General Act 1969 amended
Section 10 of the Solicitor‑General Act 1969* is amended as follows:
(a) in subsection (1)(a) by deleting “and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938”;
(b) by repealing subsection (2).
[* Act No. 38 of 1969.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 232.]
65. Statutory Corporations (Liability of Directors) Act 1996 amended
Schedule 1 to the Statutory Corporations (Liability of Directors) Act 1996* is amended by deleting the item for the Government Employees Superannuation Board and inserting the following item instead —
“
|
Government Employees Superannuation Board |
a director |
State Superannuation Act 2000 |
”.
[* Act No. 41 of 1996.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 240, and Acts Nos. 5 and 8 of 1999.]
66. Stipendiary Magistrates Act 1957 amended
The Stipendiary Magistrates Act 1957* is amended as follows:
(a) in section 5(4) by deleting “A retirement under this subsection shall be deemed to be a retirement through invalidity or physical or mental incapacity for the purposes of the Superannuation and Family Benefits Act 1938.”;
(b) in section 7(2) by deleting “, including his rights under the Superannuation and Family Benefits Act 1938, ”;
(c) by repealing section 7(4), (5) and (6).
[* Reprinted as approved 21 January 1981.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 240.]
67. Strata Titles Act 1985 amended
Section 73(1)(g)(i) of the Strata Titles Act 1985* is amended by deleting “, and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938”.
[* Reprinted as at 1 July 1999.]
68. Supreme Court Act 1935 amended
Section 11B of the Supreme Court Act 1935* is amended as follows:
(a) by repealing subsection (2) and inserting the following subsection instead —
“
(2) Where a Master was, immediately before his appointment as such, an officer of the Public Service of the State he retains his existing and accruing rights and for the purpose of determining those rights, his service as Master shall be taken into account as if it were service in the Public Service of the State.
”;
(b) by repealing subsection (3a).
[* Reprinted as at 23 November 1995.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 245-6.]
69. Transport Co‑ordination Act 1966 amended
Section 62(3)(c) of the Transport Co‑ordination Act 1966* is amended by deleting “to the Superannuation Fund established under the Superannuation and Family Benefits Act 1938” and inserting instead —
“ under the State Superannuation Act 2000 ”.
[* Reprinted as at 9 September 1997.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 255-6, and Acts Nos. 32 of 1998 and 10 and 16 of 1999.]
70. Water Corporation Act 1995 amended
Section 19(4) of the Water Corporation Act 1995* is amended by deleting “Superannuation and Family Benefits Act 1938 or the Government Employees Superannuation Act 1987” and inserting instead —
“ State Superannuation Act 2000 ”.
[* Act No. 70 of 1995.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 266, and Act No. 26 of 1999.]
71. Western Australian Coastal Shipping Commission Act 1965 amended
Section 21(3)(a) of the Western Australian Coastal Shipping Commission Act 1965* is amended by deleting “and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938”.
[* Act No. 44 of 1965.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 270.]
72. Western Australian Land Authority Act 1992 amended
Clause 2(4) in Schedule 4 to the Western Australian Land Authority Act 1992* is amended by deleting “(including rights under the Superannuation and Family Benefits Act 1938)”.
[* Reprinted as at 16 April 1999.]
73. Western Australian Tourism Commission Act 1983 amended
Section 19 of the Western Australian Tourism Commission Act 1983* is amended as follows:
(a) in subsection (1) by deleting “(including any rights under the Superannuation and Family Benefits Act 1938)”;
(b) in subsection (2) by deleting “and for the purposes of the Superannuation and Family Benefits Act 1938”;
(c) by repealing subsection (3).
[* Act No. 57 of 1983.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 272-3.]
74. Workers’ Compensation and Rehabilitation Act 1981 amended
Section 201(2) of the Workers’ Compensation and Rehabilitation Act 1981* is amended by deleting “or the Superannuation and Family Benefits Act 1938”.
[* Reprinted as at 29 January 1999.
For subsequent amendments see Acts Nos. 33 and 34 of 1999.]
75. Various provisions repealed
The provisions listed in the Table to this section are repealed.
Table of provisions repealed
|
Act |
Provision |
|
Bank of Western Australia Act 1995 |
Sch. 2, Part B, cl. 2 |
|
Children’s Court of Western Australia Act 1988 |
s. 7(4) |
|
Disability Services Act 1993 |
Sch. 4, cl. 1 |
|
District Court of Western Australia Act 1969 |
s. 15 |
|
Electoral Act 1907 |
s. 5E(2) |
|
Freedom of Information Act 1992 |
s. 62(2) |
|
Government Railways Act 1904 |
s. 11 |
|
Health Services (Conciliation and Review) Act 1995 |
Sch. 2, cl. 3 |
|
Heritage of Western Australia Act 1990 |
s. 27(4) |
|
Industrial Relations Act 1979 |
s. 20(8), (8a), (8b), (8c), (8d) |
|
Legal Aid Commission Act 1976 |
s. 22 |
|
Parliamentary Commissioner Act 1971 |
s. 10(2) |
|
Taxation (Staff Arrangements) Act 1969 |
ss. 12 to 14 |
|
Vocational Education and Training Act 1996 |
Sch. 4, cl. 7A |
|
Act |
Provision |
|
Western Australian Planning Commission Act 1985 |
s. 43 |
|
Western Australian Sports Centre Trust Act 1986 |
s. 19(3) |
|
Workplace Agreements Act 1993 |
Sch. 2, Part B, cl. 2 |
