Compilation #2 | Effective 2015-07-01
FRBR Work URI: /akn/au/act/2008/134
This Act may be cited as the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
If:
(a) a person would have been entitled to one or more payments (the lost payments) under an Act that is amended by Schedule 1, 2, 3 or 5 to this Act if the relevant Schedule had commenced on 1 July 2008; and
because the Schedule did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and
(c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;
the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.
If:
(a) a person would have been entitled to one or more payments (the lost payments) under the Military Superannuation and Benefits Act 1991 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1 July 2008; and
because that amendment did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and
(c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;
the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.
If:
(a) a person would have been entitled to one or more payments (the lost payments) under the Superannuation Act 1990 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1 July 2008; and
because that amendment did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and
(c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;
the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.
A determination by the Finance Minister under this subsection must:
be in writing; and
set out:
the amount and timing of the replacement payments; or
the method of determining the amount and timing of the replacement payments.
An application must be in writing in the form approved by the Finance Minister.
(6) To avoid doubt, a determination of the Finance Minister that a person is entitled to one or more replacement payments does not affect the entitlements of any other person under an Act amended by Schedule 1, 2, 3 or 5 to this Act, the Military Superannuation and Benefits Act 1991 or the Superannuation Act 1990.
Replacement payments are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
(8) A determination made under this section is not a legislative instrument.
In this section:
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
(1) If, apart from this subsection, the Commonwealth does not have power under relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.section 4 to pay an amount (the
Recovery
If a payment is made under subsection (1) to the recipient, the relevant amount:
is a debt due to the Commonwealth by the recipient; and
may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.
If:
a payment is made under subsection (1) to the recipient; and
the recipient is receiving, or is entitled to receive, a benefit;
then:
the relevant amount; or
such part of the relevant amount as the Board of CSC determines;
may, if the Board of CSC so directs, be recovered by deduction from that benefit.
Appropriation
For the purposes of subsection 4(7), a payment under subsection (1) of this section is taken to be a replacement payment made under section 4.
Benefit
(5) For the purposes of this section, benefit means a replacement payment under section 4.
(1) If, apart from this subsection, the Commonwealth does not have power under relevant amount) in any of the following circumstances:section 4 to pay an amount (the
the relevant amount is deposited to an account kept in the name of a deceased person;
the relevant amount is deposited to an account kept in the names of a deceased person and another person;
the relevant amount is paid by way of a cheque made out to a deceased person;
the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:
on the last day on which changes could reasonably be made to the payment of the relevant amount, the chief executive officer (however described) of CSC did not know that the deceased person had died; and
apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.
If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.
Recovery
If a payment is made under subsection (1), the relevant amount:
is a debt due to the Commonwealth by the legal personal representative of the deceased person; and
may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.
Appropriation
For the purposes of subsection 4(7), a benefit under subsection (1) of this section is taken to be a replacement payment made under section 4.
Benefit
(5) For the purposes of this section, benefit means a replacement payment under section 4.
(1) CSC must cause a report of the following information to be published, in such manner as the Board of CSC thinks fit:
the number of payments that any employee of CSC was aware of that were made under subsection 5(1) or 6(1) during the reporting period (see subsection (2) of this section);
the total amount of payments referred to in paragraph (a);
the number of payments made under subsection 5(1) or 6(1) that any employee of CSC became aware of during the reporting period that were made during an earlier reporting period;
the total amount of payments referred to in paragraph (c);
for each payment referred to in paragraph (c)—the reporting period in which the payment was made.
(2) The reporting period is:
a financial year; or
if a shorter recurring period is prescribed under paragraph (5)(a)—that period.
A report is not required if no employee of CSC is aware of any payments referred to in paragraph (1)(a) or (c).
When report must be provided
The report must be provided before the end of the following period:
4 months after the end of the reporting period;
if a lesser number of months has been prescribed for the reporting period under paragraph (5)(b)—that number of months after the end of the reporting period.
Power to make legislative instruments
(5) The Minister administering the Public Governance, Performance and Accountability Act 2013 may, by legislative instrument, prescribe:
a period for the purposes of paragraph (2)(b); or
a number of months for a reporting period for the purposes of paragraph (4)(b).