CSC:

The seal of CSC is to be kept in such custody as the Board directs and must not be used except as authorised by the Board.

All courts, judges and persons acting judicially must:

CSC has the following functions:

To avoid doubt, when performing a function under an Act administered by CSC, CSC is performing the function under the relevant Act and not this Act.

When performing a function under:

CSC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

The function of the Board is to ensure that CSC performs its functions in a proper, efficient and effective manner.

The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its function.

All acts and things done in the name of, or on behalf of, CSC by the Board are taken to have been done by CSC.

The Board consists of:

Subject to subsection (4), of the 8 other directors:

However, a person is not eligible for nomination if the person’s appointment would result in a contravention of a SIS fitness and propriety standard.

Before nominating a person, the President of the Australian Council of Trade Unions must consult with one or more relevant organisations.

Before nominating a person, the Chief of the Defence Force must consult with one or more relevant organisations.

A nomination must specify the period for which the nominee is to be appointed. The period may not be more than 3 years.

The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.

Subdivision B—Appointment etc. of directors

A director is to be appointed by the Minister by written instrument, on a part-time basis.

A person is not eligible for appointment as a director if the person’s appointment would result in a contravention of a SIS fitness and propriety standard.

In the case of a director who has been nominated by the President of the Australian Council of Trade Unions or the Chief of the Defence Force, the Minister must:

In the case of any other director, the Minister must consult the Defence Minister before making an appointment.

The Minister must obtain the Board’s agreement to a person whom the Minister proposes to appoint as the Chair (other than for the appointment of a person as the first Chair).

A person’s appointment as a director is not invalid because of a defect or irregularity in connection with the person’s appointment.

A director holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

A director must not hold office continuously for more than 9 years.

A director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a director is to be paid the remuneration that is prescribed by the regulations.

A director is to be paid the allowances that are prescribed by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

The Chair may grant leave of absence to another director on the terms and conditions that the Chair determines.

A director may resign his or her appointment by giving the Minister a written resignation.

The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

If a director nominated by the President of the Australian Council of Trade Unions or the Chief of the Defence Force resigns, the director must also give a copy of the resignation to the President or Chief, as appropriate.

The appointment of a director terminates if he or she becomes a disqualified person.

The Minister may terminate the appointment of a director if the director is not a disqualified person, but the director:

The Minister may terminate the appointment of a director if the director’s continuation in office would contravene a SIS fitness and propriety standard.

Other grounds for termination

Subject to subsections (7), (8) and (9), the Minister may terminate the appointment of a director:

(5) Subject to subsections (7), (8) and (9), if the Minister is of the opinion that the directors have failed to comply with paragraph 19(1)(a) or (b) of the Public Governance, Performance and Accountability Act 2013, the Minister may terminate the appointment of all directors or particular directors.

Consultation with the Defence Minister

If the circumstances mentioned in subsection (2), (3), (4) or (5) exist in relation to a director (other than one covered by subsections (7) to (9)), the Minister must consult the Defence Minister before terminating the appointment of the director.

Consent to termination

The Minister must not terminate the appointment of a director nominated by the President of the Australian Council of Trade Unions on a ground mentioned in subsection (4) or (5) unless the President consents to the termination.

The Minister must not terminate the appointment of a director nominated by the Chief of the Defence Force on a ground mentioned in subsection (4) or (5) unless the Chief consents to the termination.

However, if the President of the Australian Council of Trade Unions or the Chief of the Defence Force consents to the termination of a director, the Minister must terminate the director’s appointment.

Consultation and consent requirements for termination under the Public Governance, Performance and Accountability Act 2013

(10) Subsections (6), (7), (8) and (9) apply (subject to subsection (11)) in relation to the termination of the appointment of a director under Public Governance, Performance and Accountability Act 2013 in the same way as they apply to the termination of the appointment of a director under this section.section 30 of the

However, subsections (7), (8) and (9) (as they apply because of subsection (10)) do not apply in relation to the termination of the appointment of a director under section 30 of that Act on the ground of a failure to comply with section 29 of that Act (which deals with the duty to disclose interests) or rules made for the purposes of that section.

The Minister may, by written instrument, appoint a person to act as a director:

A person is not eligible for appointment to act as a director if the person’s appointment would result in a contravention of a SIS fitness and propriety standard.

In the case of an appointment under subsection (1), the Minister must consult the Defence Minister before appointing a person to act as a director.

The Minister must consult the Board about the person whom the Minister proposes to appoint to act as the Chair.

If:

If:

The Board is to hold such meetings as are necessary for the performance of its function.

The Chair:

The Chair presides at all meetings of the Board at which he or she is present.

If the Chair is not present at a meeting:

At a meeting of the Board, 6 directors constitute a quorum.

For the purposes of subsection (1), if a matter being considered, or about to be considered, at a meeting of the Board concerns only the military schemes, the quorum must include a director nominated by the Chief of the Defence Force.

If an issue arises about whether a matter being considered, or about to be considered, at a meeting of the Board concerns only the military schemes, the Chair must determine the issue.

A determination made under subsection (4) is not a legislative instrument.

This section only applies to the extent that the Board does a thing relating to CSC’s management and investment of money that forms part of a superannuation fund administered by CSC.

A director who has any interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Board must disclose the nature of the interest to a meeting of the Board.

The disclosure must be made as soon as possible after the relevant facts have come to the director’s knowledge.

The disclosure must be recorded in the minutes of the meeting.

Unless the Minister or the Board otherwise determines, the director:

For the purposes of making a determination of the Board under subsection (5), the director:

A determination under subsection (5) must be recorded in the minutes of the meeting.

(8) This section applies in addition to Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).section 29 of the

The Board is taken to have made a decision at a meeting if:

Subsection (1) applies only if the Board has determined, in writing:

Paragraph (1)(a) does not apply to:

CSC may employ such persons as it considers necessary for the performance of its functions.

An employee is to be employed on the terms and conditions that the Board determines in writing.

CSC must keep proper accounts and records of the transactions and affairs of each superannuation fund administered by CSC, in accordance with the accounting principles generally applied in commercial practice.

CSC must take reasonable steps to ensure that:

A director commits an offence if:

The Minister may, by legislative instrument, provide in relation to the performance of CSC’s functions in relation to payments, other amounts or debts referred to in any of sections 29A to 29C.

Before making an instrument, the Minister must consult the Board on the instrument.

Subsection (1) does not apply to the extent that:

The CSC Special Account is established by this section.

(2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

This section sets out the purposes of the Account.

Amounts standing to the credit of the Account may be debited for the following purposes:

CSC must, by a date prescribed by the regulations, or, if no date is prescribed, as soon as practicable after the end of:

For the purpose of subparagraph (1)(c)(ii), the Acts and provisions are:

Before giving the financial statements to the Minister, CSC must submit them to the Auditor-General, who must audit and report to the Minister:

The Minister must cause a copy of:

If the Board has not complied with subsection (1) within a period of 6 months after the end of a financial year, CSC must, within 14 days after the end of that period, give to the Minister:

The financial statements given to the Minister under subsection (5) must be in the form agreed between the Minister and the Board for the purposes of subsection (1), but need not be accompanied by a report of the Auditor-General.

If CSC gives a report and financial statements to the Minister under subsection (5), the Minister must:

A report given under paragraph (5)(a) is not a legislative instrument.

CSC is not subject to taxation under a law of the Commonwealth, except:

CSC is not subject to taxation under a law of a State or Territory, except under a law prescribed by the regulations.

CSC subject to taxation—income tax

(3) CSC is subject to taxation under the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997, except in relation to:

(4) CSC is subject to taxation under the A New Tax System (Goods and Services Tax) Act 1999.

CSC subject to taxation—fringe benefits tax

(5) CSC is subject to taxation under the Fringe Benefits Tax Assessment Act 1986.

Subject to this section:

The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.

The regulations may specify different laws for different superannuation funds administered by CSC.

In relation to the PSSAP and the PSSAP Fund:

The Chair is to be paid remuneration and allowances as follows:

A director (other than the Chair) is to be paid remuneration and allowances as follows:

Anything done, or omitted to be done, in good faith by a director or a delegate of the Board, in the performance of his or her functions under this Act, an Act administered by CSC or a governing deed, does not subject him or her personally to any action, liability, claim or demand.

Subsection (1) does not preclude CSC from being subject to any action, liability, claim or demand.

(3) Except in cases where the Superannuation Industry (Supervision) Act 1993 or regulations under that Act do not so permit, any money becoming payable by CSC in respect of an action, liability, claim or demand that relates to an Act administered by CSC, regulations made under such an Act, or a governing deed, is to be paid out of:

If an amount is paid out of a superannuation fund administered by CSC under paragraph (3)(b), an equivalent amount is to be paid to the relevant superannuation fund administered by CSC out of the Consolidated Revenue Fund, which is appropriated accordingly.

(5) In relation to the Superannuation Act 2005 and the Trust Deed (within the meaning of that Act), and the Australian Defence Force Superannuation Act 2015 and the Trust Deed (within the meaning of that Act):

CSC may, by writing, delegate to:

Despite subsection (1), CSC may only delegate its power to reconsider its own decisions or decisions made by its delegates (other than decisions relating to recovery of debts owing to the Commonwealth) under an Act mentioned in column 1 of the following table to a Committee mentioned in column 2 of the table in relation to the item:

Sub-delegations

If CSC delegates a power under subsection (1) to a director, the director may, by writing, sub-delegate the power to:

If CSC delegates a power under subsection (1) to a person referred to in paragraph (1)(b), (e), (f), (g) or (h), the delegate may, by writing, sub-delegate the power to:

(6) Section 34AA and paragraphs 34AB(1)(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub-delegation in a corresponding way to the way in which they apply to a delegation.

(7) Section 34A and paragraphs 34AB(1)(c) and (d) of the Acts Interpretation Act 1901 apply to a sub-delegation as if it were a delegation.

The Governor-General may make regulations prescribing matters:

Without limiting subsection (1), the regulations may prescribe a different number of other directors for the purpose of paragraph 11(1)(b).

If regulations allowed by subsection (2) are made, regulations must also be made that prescribe different numbers, consistent with the proportions set out in this Act, for the purposes of:

Without limiting subsection (1), the regulations may prescribe different time periods for the purpose of subsection 30(5). However, the regulations may not extend the 6 month period referred to in that subsection.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history