the Australian Capital Territory or the Northern Territory; or

an authority or body established or incorporated for a public purpose by a law of the Australian Capital Territory or the Northern Territory; or

a company or other body corporate in which the Australian Capital Territory or the Northern Territory has a controlling interest; or

an authority or body that is financed wholly or substantially, either directly or indirectly, by money provided by the Australian Capital Territory or the Northern Territory; or

a company or other body corporate in which a body politic, or other body or authority, referred to in paragraph (a), (b), (c) or (d) of this definition has, or 2 or more such bodies or authorities together have, a controlling interest.

overseas employee means a person employed or engaged outside Australia and the Territories, to perform duties outside Australia and the Territories, whether that person is employed or engaged under section 71 of the Public Service Act 1999 or otherwise.

relevant body means:

a company or other body corporate that is incorporated under an Act or a law of a State or Territory and in which the Commonwealth has a controlling interest; or

an authority or body (whether a body corporate or not) that is financed wholly or substantially, either directly or indirectly, by money provided by the Commonwealth but that is not established by a law of the Commonwealth and is not an excluded Territory authority or body; or

a company or other body corporate that is a relevant subsidiary;

being a company, body or authority that is:

(d) an approved authority for the purposes of the Superannuation Act 1976; or

(e) an approved authority for the purposes of the Superannuation Act 1990; or

(ea) an approved authority for the purposes of the Superannuation Act 2005; or

(f) declared by the Minister, by notice published in the Gazette, to be a relevant body for the purposes of this Act.

relevant law means a law of the Commonwealth (other than the Northern Territory (Self-Government) Act 1978 and the Australian Capital Territory (Self-Government) Act 1988).

relevant subsidiary means a company or other body corporate incorporated under an Act or a law of a State or Territory, being a company or other body corporate in which: an authority or body that: (i) is of a kind described in subparagraph (b)(i), (ii), (iii) or (iv) of the definition of approved authority in section 3 of the Superannuation Act 1990 or described in paragraph 8(3)(a), (b), (c) or (d) of the Superannuation Act 2005; and is not an excluded Territory authority or body; has a controlling interest; or the Commonwealth and one or more than one authority or body that is, or are each, of a kind described in paragraph (a) of this definition together have a controlling interest; or 2 or more authorities or bodies that are each of a kind described in paragraph (a) of this definition together have a controlling interest.

an authority or body that:

(i) is of a kind described in subparagraph (b)(i), (ii), (iii) or (iv) of the definition of approved authority in section 3 of the Superannuation Act 1990 or described in paragraph 8(3)(a), (b), (c) or (d) of the Superannuation Act 2005; and

is not an excluded Territory authority or body;

has a controlling interest; or

the Commonwealth and one or more than one authority or body that is, or are each, of a kind described in paragraph (a) of this definition together have a controlling interest; or

2 or more authorities or bodies that are each of a kind described in paragraph (a) of this definition together have a controlling interest.

superannuation arrangement means any arrangement, however established, whether formal or informal and whether dependent on the establishment of a trust or not, that provides for, or that constitutes the provision of, superannuation benefits: to a person on or because of the person’s ceasing to hold an office or appointment or to be employed; or to other persons on or because of the person’s death; and, without limiting the generality of the foregoing, includes any scheme or arrangement that was a superannuation scheme for the purposes of Superannuation Act 1976.Part XA of the superannuation benefits includes, but is not limited to, benefits similar to the benefits provided under the Superannuation Act 1976, the Superannuation Act 1990 or the Superannuation Act 2005.

to a person on or because of the person’s ceasing to hold an office or appointment or to be employed; or

to other persons on or because of the person’s death;

and, without limiting the generality of the foregoing, includes any scheme or arrangement that was a superannuation scheme for the purposes of Superannuation Act 1976.Part XA of the

superannuation benefits includes, but is not limited to, benefits similar to the benefits provided under the Superannuation Act 1976, the Superannuation Act 1990 or the Superannuation Act 2005.

a reference to a person who is employed under a relevant law includes a reference to a person holding an office or appointment under that law; and

a reference to a person who is employed by a relevant body includes a reference to a person holding an office or appointment in that body.

a relevant law expressly provides for their provision; or

a relevant law allows their provision and they satisfy the relevant prescribed requirements for the provision of superannuation benefits under a superannuation arrangement.

their provision is permitted under subsection (1); or

the body has power to provide them and they satisfy the relevant prescribed requirements for the provision of superannuation benefits under a superannuation arrangement.

a superannuation arrangement that will provide benefits only for, or in relation to, such persons; or

an existing or proposed superannuation arrangement that will also provide superannuation benefits for, or in relation to, persons other than such persons.

that had been established or put into effect, before, and was in operation when, the body became a relevant body; or

that is established or put into effect before, and is in operation when, the body becomes a relevant body.

(a) that had been established or put into effect on or after 24 April 1978 and before 14 December 1988, in contravention of Superannuation Act 1976; orsection 167A of the

(b) that had been established or put into effect on or after 14 December 1988 and before the commencement of this section, in contravention of Superannuation Act 1976; orPart XA of the

that is established or put into effect after the commencement of this section, in contravention of this Act.

the requirements that the Minister, by signed writing, determines; and

a requirement that procedures, satisfactory to the Minister, are in place for an employer that employs people for or in relation to whom the benefits are to be provided to make annual or other reports relating to the establishment and operation of the superannuation arrangement under which the benefits are provided.

(a) an employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) becoming liable to pay superannuation guarantee charge; or

(b) a Commonwealth Department (Superannuation Guarantee (Administration) Act 1992) becoming notionally liable to pay superannuation guarantee charge in accordance with subsection 5(2) of that Act; orwithin the meaning of section 5 of the

(c) an untaxable Commonwealth authority (Superannuation Guarantee (Administration) Act 1992) becoming notionally liable to pay superannuation guarantee charge in accordance with subsection 5(2A) of that Act.within the meaning of section 5 of the

the classes or kinds of employers (to be determined, in particular, by reference to the nature of their operations) in respect of whom it is appropriate to allow superannuation benefits to be provided for or in relation to people employed by them; and

the maximum costs that may be incurred by an employer in providing the benefits.

the employer concerned; or

(b) a person who is associated in any way with the employer concerned (including, if the employer is a body corporate, another body corporate that is related to the first-mentioned body corporate for the purposes of the Corporations Act 2001).

employs people under a relevant law; or

is a relevant body; and

includes a person in respect of whom a declaration is in force under subsection 3(5).

the money so paid is recoverable as a debt due to the person or body who paid it; and

if the person or body who paid the money is the employer and the Minister has directed that person or body, by notice in writing, to take action to recover it—the person or body must take action to recover it accordingly.

declare the arrangement or amendment, and all or any actions associated with its establishment, making or operation, to have the same force and effect as if it had made provision for, or constituted the provision of, superannuation benefits in accordance with the requirements of this Act; or

declare the arrangement or amendment, and all or any actions associated with its establishment, making or operation, to have the force and effect referred to in paragraph (a) if the employer concerned, within a period specified in the determination, takes, to the satisfaction of the Minister, such action in relation to the arrangement or amendment as is specified in the determination, being action that, in the opinion of the Minister:

will most effectively modify the operation of the arrangement or amendment so that its effect will be substantially similar to the effect it would have had if it had made provision for, or constituted the provision of, superannuation benefits in accordance with the requirements of this Act; or

if it cannot be so modified—will most effectively restrict the operation of the arrangement or amendment.

declare the arrangement or amendment, in its application to those persons, and all or any actions associated with its application in respect of those persons, to have the same force and effect as if it had made provision for, or constituted the provision of, superannuation benefits in respect of those persons in accordance with the requirements of this Act; or

declare the arrangement or amendment, in its application in respect of those persons, and all or any actions associated with its application in respect of those persons, to have the force and effect referred to in paragraph (a) if the employer concerned, within a period specified in the determination, takes, to the satisfaction of the Minister, such action in relation to the arrangement or amendment as is specified in the determination, being action that, in the opinion of the Minister:

will most effectively modify the operation of the arrangement or amendment so that the effect of its application in respect of those persons will be substantially similar to the effect its application would have had if it had made provision for, or constituted the provision of, superannuation benefits in respect of those persons in accordance with the requirements of this Act; or

if it cannot be so modified—will most effectively restrict the operation of the arrangement or amendment in its application to those persons.

must cause a copy of the determination to be given to the employer concerned; and

must cause a copy of the determination to be laid before each House of the Parliament within 5 sitting days of that House after its making.

a notice referred to in subsection (7) is given with respect to a determination; and

at the expiration of the period during which a resolution disallowing the determination could have been passed:

the notice has not been withdrawn and the relevant motion has not been called on; or

the relevant motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the determination is to be taken to have been disallowed.

neither House of the Parliament passes a resolution in accordance with subsection (7) disallowing a determination; and

the determination is not to be taken to have been disallowed under subsection (8);

the determination takes effect on whichever of the following days is the later:

the day immediately following the last day on which a resolution disallowing the determination could have been passed;

where the determination is conditional upon the employer’s taking, to the satisfaction of the Minister, specified action within a specified period and the Minister is satisfied that that action is so taken—the day on which the Minister, by notice in writing given to the employer, declares himself or herself to be so satisfied.

the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

at the time of the dissolution, expiry or prorogation, as the case may be:

a notice of motion disallowing the determination has not been withdrawn and the motion has not been called on; or

a motion disallowing the determination has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the copy of the determination must, for the purposes of this section, be taken to have been laid before that first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.

(a) a declaration by the Minister, by notice published in the Gazette under subsection 153AA(1) of that Act:

that a particular company, body or authority is a relevant body;

for the purposes of that Part—that declaration continues in force, after the repeal, as if it were a declaration to the same effect under subsection 3(1) of this Act; and

(b) a declaration by the Minister, by notice published in the Gazette under subsection 153AA(4) of that Act, that a person holding or occupying a particular office is to be taken to be the employer of specified persons for the purposes of that Part—that declaration continues in force, after the repeal, as if it were a declaration to the same effect under subsection 3(5) of this Act.

(a) the Minister has declared, under subsection 153AD(3) of the Superannuation Act 1976, that that subsection does not apply; and

the declaration is in force immediately before the repeal of Part XA of that Act;

the declaration continues in force, after the repeal, as if it were a declaration under subsection 7(3) of this Act to the effect that that subsection does not apply.

(a) the Minister had directed under paragraph 153AD(3)(b) of the Superannuation Act 1976 that the person who made a payment recover the money paid; and

the direction is in force immediately before the repeal of Part XA of that Act but proceedings have not been instituted to recover the money;

the direction continues in force, after the repeal, as if it were a direction duly given under paragraph 7(3)(b) of this Act.

(a) the Minister makes a determination under subsection 153AD(4) or (5) of the Superannuation Act 1976 in relation to a superannuation scheme within the meaning of that Act or an amendment of such a scheme; and

that determination is in force immediately before the repeal of Part XA of that Act;

that determination continues in force, after the repeal:

as if this Act had been in force at the time the determination was made; and

as if the determination had been made, in relation to that scheme or amendment, under and in accordance with the requirements of subsection 7(4) or (5) of this Act.

(a) a determination has been made under subsection 153AD(4) or (5) of the Superannuation Act 1976; and

the determination has not been laid before each House of the Parliament before the repeal of Part XA of that Act or has been so laid but has not come into effect, or been disallowed, before that repeal;

that determination is to be treated, after that repeal:

as if this Act had been in force on the day when the determination was made; and

as if the determination had been made under and in accordance with the requirements of subsection 7(4) or (5) of this Act; and

if the determination has been laid before each House of the Parliament—as if the determination had been laid before each House of the Parliament under and in accordance with the requirements of section 7 of this Act on the day when it was so laid.

The Superannuation Benefits (Supervisory Mechanisms) Act 1990 as shown in this compilation comprises Act No. 39, 1990 amended as indicated in the Tables below.

The Superannuation Benefits (Supervisory Mechanisms) Act 1990 is affected by section 51 of the CSL Sale Act 1993.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.

Table of Acts

(a) The Superannuation Benefits (Supervisory Mechanisms) Act 1990 was amended by sections 79 and 80 only of the Superannuation Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:

(b) The Superannuation Benefits (Supervisory Mechanisms) Act 1990 was amended by the Qantas Sale Act 1992, subsections 2(2), (5) and (6) of which provide as follows:

(c) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:

(d) The Superannuation Benefits (Supervisory Mechanisms) Act 1990 was amended by Part 10 (sections 52 and 53) only of the Superannuation Industry (Supervision) Consequential Amendments Act 1993, subsection 2(1) of which provides as follows:

(e) The Superannuation Legislation Amendment Act 1994 was amended by Schedule 3 (items 114 and 115) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

(f) The Superannuation Benefits (Supervisory Mechanisms) Act 1990 was amended by Schedule 1 (items 890 and 891) only of the Public Employment (Consequential and Transitional Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(g) The Superannuation Benefits (Supervisory Mechanisms) Act 1990 was amended by Schedule 3 (item 496) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows: