Superannuation (State Public Sector) Act 1990

An Act to provide the machinery for the establishment of a new superannuation scheme for the State public sector and for related purposes

1Short title

This Act may be cited as the Superannuation (State Public Sector) Act 1990 .

s 1.2 om R2 (see RA s 37)

2Interpretation

(1)In this Act—

alternate trustee means a person holding an appointment as an alternate trustee under this Act.

def alternate trustee ins 2007 No. 7 s 4 (2)

amd 2013 No. 61 s 119 (2)

appointed trustee ...

def appointed trustee ins 1997 No. 21 s 4 (2)

om 2007 No. 7 s 4 (1)

appropriately qualified ...

def appropriately qualified ins 2007 No. 7 s 4 (2)

om 2013 No. 61 s 119 (1)

AWUQ ...

def AWUQ ins 2007 No. 7 s 4 (2)

om 2013 No. 61 s 119 (1)

board means the Board of Trustees pursuant to section 3.

board member ...

def board member om 1997 No. 21 s 4 (1)

CEO see section 6A (1).

def CEO ins 2007 No. 7 s 4 (2)

amd 2013 No. 61 s 119 (3)

chairperson ...

def chairperson ins 2007 No. 7 s 4 (2)

om 2013 No. 61 s 119 (1)

commencement day, for part 6, division 4, see section 36.

def commencement day ins 2007 No. 7 s 4 (2)

deed means the deed established pursuant to this Act.

defined benefit asset ...

def defined benefit asset ins 2007 No. 7 s 4 (2)

om 2007 No. 58 s 105

defined benefit member ...

def defined benefit member ins 2007 No. 7 s 4 (2)

om 2007 No. 58 s 105

disqualified person ...

def disqualified person ins 2007 No. 7 s 4 (2)

om 2013 No. 61 s 119 (1)

eligible scheme means a scheme declared under a regulation under section 2A to be an eligible scheme.

def eligible scheme ins 2000 No. 52 s 36 (2)

employee, of a unit of the State public sector, means a person who is a member or employee of, or engaged by, the unit.

def employee ins 2000 No. 52 s 36 (2)

employer trustee ...

def employer trustee ins 2007 No. 7 s 4 (2)

om 2013 No. 61 s 119 (1)

fund means the State Public Sector Superannuation Fund established pursuant to section 10.

government superannuation provision fund ...

def government superannuation provision fund ins 1995 No. 27 s 61 (2)

sub 1997 No. 21 s 4

om 2000 No. 52 s 36 (1)

independent director ...

def independent director ins 2007 No. 7 s 4 (2)

om 2013 No. 61 s 119 (1)

investment manager see the SIS Act, section 10 (1).

def investment manager ins 2007 No. 7 s 4 (2)

member entity trustee ...

def member entity trustee ins 2007 No. 7 s 4 (2)

om 2013 No. 61 s 119 (1)

new, for part 6, division 4, see section 36.

def new ins 2007 No. 7 s 4 (2)

officer, for part 3A, see section 15I (1).

def officer ins 2007 No. 7 s 4 (2)

Parliamentary Benefits Committee see section 32K (6).

def Parliamentary Benefits Committee ins 2007 No. 7 s 4 (2)

police 74 member means a member of the scheme—

(a)who, immediately before the repeal of the Police Superannuation Act 1974 , was a member of a scheme for the provision of superannuation benefits operated under that Act; and

(b)whose membership category is the same as it was immediately after the repeal of that Act.

def police 74 member ins 1999 No. 74 s 13

amd 2004 No. 42 s 33 sch

QCU ...

def QCU ins 2007 No. 7 s 4 (2)

om 2013 No. 61 s 119 (1)

QIC means Queensland Investment Corporation established under the Queensland Investment Corporation Act 1991 .

def QIC ins 2007 No. 7 s 4 (2)

QSL, for part 4B, see section 31C.

def QSL ins 2009 No. 11 s 3

Queensland Treasury Corporation ...

def Queensland Treasury Corporation om 1995 No. 27 s 61 (1)

quorum ...

def quorum ins 2007 No. 7 s 4 (2)

om 2013 No. 61 s 119 (1)

registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5.

def registered higher education provider ins 2014 No. 25 s 223 sch 1 pt 2

relevant employee, for part 4B, see section 31C.

def relevant employee ins 2009 No. 11 s 3

repealed, for part 6, division 4, see section 36.

def repealed ins 2007 No. 7 s 4 (2)

scheme means the scheme for the provision of superannuation, retirement, provident or other benefits established pursuant to the deed in accordance with this Act.

SIS Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth).

def SIS Act ins 2007 No. 7 s 4 (2)

State 72 member means a member of the scheme—

(a)who, immediately before the repeal of the State Service Superannuation Act 1972 , was a member of a scheme for the provision of superannuation benefits operated under that Act; and

(b)whose membership category is the same as it was immediately after the repeal of that Act.

def State 72 member ins 1999 No. 74 s 13

subsidiary see the Corporations Act, section 9.

def subsidiary ins 2007 No. 7 s 4 (2)

surcharge debt account, for a member of the scheme, means the surcharge debt account kept for the member under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth) , section 16.

def surcharge debt account ins 1999 No. 74 s 13

transfer day, for part 4B, see section 31C.

def transfer day ins 2009 No. 11 s 3

trustee means a member of the board.

def trustee ins 1997 No. 21 s 4 (2)

sub 2007 No. 7 s 4 (1)–(2)

unit of the State public sector means—

(a)a public sector unit; or

(b)the Queensland Police Service within the meaning of the Police Service Administration Act 1990 ; or

(c)the Crime and Corruption Commission; or

(e)Legal Aid Queensland within the meaning of the Legal Aid Queensland Act 1997 ; or

(f)the industrial relations commission; or

(g)every corporate entity (other than a local government) that is constituted by or pursuant to an Act, or that is of a description of entity provided for by an Act, which in either case collects revenues or raises funds under the authority of an Act; or

(h)every non-corporate entity established or maintained pursuant to an Act, which is funded to any extent with moneys of the Crown, or is assisted in a financial respect by the Crown; or

(i)the registries and other administrative offices of the courts of the State of whatever jurisdiction; or

(j)a Magistrates Court; or

(k)the parliamentary service within the meaning of the Parliamentary Service Act 1988 ; or

(l)the Governor’s official residence (known as ‘Government House’) and the administrative unit maintained in association therewith; or

(m)the Legislative Assembly; or

(n)a registered higher education provider established under an Act or a college of advanced education; or

(o)an entity declared under a regulation to be a unit of the State public sector; or

(p)a body corporate that is wholly owned by the State; or

(q)a wholly-owned subsidiary of a body corporate that is a unit of the State public sector under another paragraph of this definition;

but does not include—

(r)the Executive Council; or

(s)an entity declared under a regulation to not be a unit of the State public sector.

def unit of the State public sector amd 1993 No. 11 s 45 sch 3; 1996 No. 37 s 147 sch 2; 1999 No. 9 s 3 sch; 1999 No. 19 s 3 sch; 2001 No. 69 s 378 sch 1; 2004 No. 42 s 26 (1)–(3); 2007 No. 7 s 4 (3)–(4); 2014 No. 21 s 94 (2) sch 2; 2014 No. 25 s 223 sch 1 pt 2

wholly-owned subsidiary see the Corporations Act, section 9.

def wholly-owned subsidiary ins 2007 No. 7 s 4 (2)

(2)Where the functions or duties of the Crown are transferred to any department or other instrumentality of the government of the Commonwealth, another State or a Territory of the Commonwealth, the power conferred by subsection (1), definition unit of the State public sector, paragraph (o), includes power to declare the department or other instrumentality to be a unit of the State public sector for the purposes of this Act.

s 2 amd 1991 No. 11 s 7.2; 1993 No. 11 s 45 sch 3; 1997 No. 81 s 3 sch; 1999 No. 27 s 76 sch 1 pt 3; 2004 No. 42 s 26 (4)–(5)

2AEligible schemes

The Governor in Council may, by regulation, declare a stated superannuation scheme to be an eligible scheme for this Act if—

(a)the scheme is established or approved under an Act; or

(b)at the time of the declaration, most of the members of the scheme are current or previous members of the scheme established under this Act.

s 2A ins 2000 No. 52 s 37

3Establishment of board

(1)The existing board is continued under the name ‘Board of Trustees of the State Public Sector Superannuation Scheme’.

(2)The board—

(a)is a body corporate; and

(b)has perpetual succession; and

(c)has a common seal; and

(d)may sue and be sued in its corporate name.

(3)The board is not a statutory body under the Financial Accountability Act 2009 .

(4)The board is declared to be an excluded matter for the Corporations Act, section 5F, in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act.

(5)The board represents the State.

(6)However, for the purposes of the Corporations Act 2001 (Cwlth), chapter 7 and the SIS Act the board—

(a)does not represent the State; and

(b)is not an agent or instrumentality of the State; and

(c)does not have the immunities and privileges of the State.

(7)In this section—

existing board means the board established under this Act and existing immediately before the commencement of the Superannuation and Other Legislation Amendment Act 1997 .

s 3 sub 1997 No. 21 s 5

amd 2001 No. 45 s 29 sch 3; 2002 No. 66 s 26; 2007 No. 58 s 106; 2009 No. 9 s 136 sch 1; 2009 No. 48 s 236; 2013 No. 61 s 120

4Board’s function

The board’s function is to administer the scheme.

s 4 sub 1997 No. 21 s 5

amd 2007 No. 7 s 5

5Membership of the board

(1)The board consists of the number of trustees prescribed under a regulation.

(2)The trustees are to be appointed by the Minister in the way prescribed under a regulation.

s 5 sub 1993 No. 11 s 45 sch 3; 1997 No. 21 s 5; 2007 No. 7 s 6; 2013 No. 61 s 121

6Appointment not affected by other laws restricting employment

(1)If another Act prohibits or regulates a person’s employment, or other engagement in activities, outside of a stated office or position, the Act does not prevent the person from—

(a)being appointed to the board; or

(b)carrying out the person’s functions as a trustee; or

(c)being paid a fee or allowance to which the person is entitled because of the appointment.

(2)In this section—

trustee includes an alternate trustee.

s 6 prev s 6 sub 1997 No. 21 s 5; 2007 No. 7 s 6

om 2013 No. 61 s 121

pres s 6 (prev s 6B) ins 1997 No. 21 s 5

amd 2007 No. 7 s 7

renum 2013 No. 61 s 122

6AChief executive officer

(1)There is to be a chief executive officer of the board (the CEO).

(2)The CEO is to be employed by the board or a subsidiary of the board.

s 6A prev s 6A ins 1997 No. 21 s 5

sub 2007 No. 7 s 6

amd 2008 No. 75 s 119

om 2013 No. 61 s 121

pres s 6A (prev s 6DA) ins 2007 No. 7 s 8

renum 2013 No. 61 s 124

6BCommon seal

(1)The CEO has custody of the board’s common seal.

(2)Subject to the board’s directions, the CEO may execute a document on the board’s behalf by signing the document and attaching the board’s common seal.

s 6B (prev s 6E) ins 1997 No. 21 s 5

amd 2007 No. 7 s 9

renum 2013 No. 61 s 124

6CDelegation by board

(1)The board may delegate its powers under this Act to the CEO, a trustee or an appropriately qualified person.

(2)A delegation of a power may permit the subdelegation of the power to the CEO, a trustee or an appropriately qualified person.

s 6C prev s 6C ins 1997 No. 21 s 5

sub 2007 No. 7 s 8

om 2013 No. 61 s 123

pres s 6C (prev s 6F) ins 1997 No. 21 s 5

amd 2007 No. 7 s 10; 2007 No. 58 s 107

renum 2013 No. 61 s 124

7Powers of board

(1)The board’s powers and the exercise of discretion by the board are, except as specified in this Act, to be as set out in the deed.

(2)Without limiting subsection (1), the board has, for or in connection with the performance of its function, all the powers of an individual, including, for example, the power to—

(a)enter into contracts; and

(b)acquire, hold, dispose of and deal with property; and

(c)employ staff; and

(d)appoint attorneys and agents; and

(e)engage consultants; and

(f)do anything else necessary or convenient to be done for, or in connection with, the performance of its function.

(3)Also, without limiting subsection (1), the board has the powers conferred on it by this or another Act.

s 7 amd 1997 No. 21 s 6; 2007 No. 7 s 14

8Protection from liability

(1)A person who is or was an official is entitled to be indemnified from the fund for a liability incurred by the person for an act done, or omission made, while acting as an official.

(2)The liability to which subsection (1) applies—

(a)includes an amount of legal costs decided by the board to be reasonable; but

(b)does not include—

(i)a liability that arises because the person—

(A)fails to act honestly in a matter concerning the fund; or

(B)intentionally or recklessly fails to exercise, in relation to a matter affecting the fund, the degree of care and diligence that the official is required to exercise; or

(ii)a liability for a monetary penalty under a civil penalty order under the SIS Act.

Note—

See the SIS Act, section 57 (Indemnification of directors of trustee from assets of entity).

(3)The board may effect insurance for liability to which subsection (1) applies and pay the cost of the insurance from the fund.

(4)In this section—

official means a trustee, an alternate trustee, a member of the Parliamentary Benefits Committee, the CEO or a member of the board’s staff.

s 8 amd 1997 No. 21 s 7

sub 2000 No. 52 s 38; 2007 No. 7 s 15

9Remuneration and allowances payable to trustees and alternate trustees

(1)A trustee or alternate trustee is entitled to be paid the remuneration and allowances decided by the Minister after consulting the board.

(2)The costs of the remuneration and allowances may be paid from the fund.

s 9 amd 1991 No. 11 s 7.3; 1997 No. 21 s 8

sub 2007 No. 7 s 15

9AAssignment of departmental employees to perform work for the board

(1)At the board’s request, the chief executive may assign public service employees of the department to perform work for the board.

(2)A person performing work for the board under an assignment under subsection (1) is not an employee of the board but remains a public service employee of the department.

(3)In this section—

board includes a subsidiary of the board.

s 9A ins 2007 No. 7 s 15

div hdg ins 1996 No. 52 s 5 (1)

10Establishment of fund

The State Public Sector Superannuation Fund (the fund) is continued in existence.

s 10 amd 1995 No. 27 s 62; 1997 No. 21 s 9; 1999 No. 29 s 50 sch; 2000 No. 52 s 39; 2002 No. 66 s 27

11Investment of fund

(1)The board may, in compliance with the SIS Act, appoint 1 or more investment managers for the fund or parts of the fund.

(2)The board must, in compliance with the SIS Act, set investment objectives for the fund and establish investment strategies and policies to achieve the objectives.

(3)An investment objective, strategy or policy under this section may relate to the whole fund, or a particular part of the fund.

s 11 sub 1995 No. 27 s 63; 2007 No. 7 s 16

amd 2007 No. 58 s 108

div hdg ins 1996 No. 52 s 5 (2)

12Deed to establish scheme

(1)Not later than 30 days after the commencement of this section, or such longer period as may be approved by the Governor in Council by order in council, there is to be established by deed a scheme for the provision of superannuation, retirement, provident or other similar benefits payable from the fund.

(2)The deed is subordinate legislation.

(3)The deed may be amended by regulation.

(4)The Governor in Council must not make a regulation amending the deed without the board’s consent.

(5) Subsection (4) does not apply to an amendment mentioned in the SIS Act, section 60 (1) (b) or (c).

s 12 amd 1993 No. 11 s 45 sch 3; 2007 No. 7 s 17

12AMembership categories

The deed must provide for different categories of members.

s 12A ins 1997 No. 21 s 10

13Membership of scheme

(1)The Minister may, by written notice, declare that a person or member of a class of person who is an employee of a unit of the State public sector is eligible for membership of the scheme.

(2)The notice must declare—

(a)whether membership of the scheme is compulsory or discretionary; and

(b)any conditions applying to membership; and

(c)the membership category or categories for which the person, or a member of the class of person, is eligible.

(3)If there is any doubt that a person is an employee of a unit of the State public sector, the Governor in Council may, by regulation, declare whether the person is or is not an employee of a unit of the State public sector.

(4)The Minister may, by written notice, declare that a person or member of a class of person who is an employee of a unit of the State public sector is excepted from this Act.

(5)Before the Minister makes a notice under subsection (4), the Minister must consult with the board.

(6)The Minister may, by written notice, declare that a person is eligible for membership of the scheme if the person is—

(a)the spouse of a member of the scheme; or

(b)an entitled former spouse; or

(c)a person for whom an amount is paid to the fund under—

(i)the Governors (Salary and Pensions) Act 2003 , section 16C; or

(ii)the Judges (Pensions and Long Leave) Act 1957 , section 11.

(6A)A notice under subsection (6) (a) may be limited in its application to particular classes of spouse or by reference to factors stated in the notice.

(6B) Subsection (6A) does not limit the Statutory Instruments Act 1992 , section 24 or 25.

(7)The Minister may, by written notice, declare that a person who is a member of a stated eligible scheme is eligible for membership of the scheme established under this Act on ceasing to be a member of the eligible scheme.

(8)A notice under subsection (6) or (7) must declare—

(a)that membership of the scheme is discretionary; and

(b)any conditions applying to membership; and

(c)the membership category or categories for which the person is eligible; and

(d)for a notice under subsection (7)—any time limit for becoming a member of the scheme after ceasing to be a member of the eligible scheme.

(9)The current employer of a member of the scheme may make contributions to the scheme for the member whether or not the current employer is a unit of the State public sector.

(10)A notice made under subsection (1), (4), (6) or (7) is subordinate legislation.

(11)In this section—

entitled former spouse means a person who is entitled or conditionally entitled, under an agreement under the Family Law Act 1975 (Cwlth) or a court order under that Act, to payment of an amount from the fund.

s 13 sub 1991 No. 11 s 7.5

amd 1991 No. 97 s 3 sch 2; 1993 No. 11 s 45 sch 3

sub 1995 No. 27 s 64

amd 1997 No. 21 s 11; 1999 No. 28 s 3 (1)–(3); 2000 No. 52 s 40; 2002 No. 66 s 28; 2002 No. 74 s 90 sch; 2004 No. 42 s 27; 2007 No. 7 s 18; 2009 No. 11 s 4

13AContinuation of eligibility for membership after transfer of employment

(1)This section applies if—

(a)a person ceases to be an employee of a unit of the State public sector and becomes an employee of another entity (the new employer) that is not a unit of the State public sector; and

(b)immediately before becoming an employee of the new employer, the person is a member of the scheme; and

(c)any of the following apply—

(i)the transfer happens under an Act that provides that, on becoming an employee of the new employer, the person keeps all the person’s existing and accruing rights relating to superannuation;

(ii)the person and the new employer each gives written notice to the board that he, she or it agrees to the person’s continued membership of the scheme;

(iii)the Minister declares, by gazette notice, that on becoming an employee of the new employer the person keeps all the person’s existing and accruing rights relating to superannuation; and

(d)for a new employer who has given notice under paragraph (c)(ii)—the Minister approves the new employer for this section.

(2)This Act applies in relation to the employment of the person as if the new employer were a unit of the State public sector.

(3)While a notice declaring that the person is eligible for membership of the scheme is in force under section 13, the person or the new employer may not revoke a notice given under subsection (1) (c) (ii).

(4)To remove any doubt, it is declared that if, under subsection (2), this Act applies in relation to the person’s employment—

(a)the person’s membership or entitlement to membership of the standard defined benefit category of the scheme is unaffected by the change in the person’s employment; and

(b) section 32N does not apply to the person.

(5)A gazette notice mentioned in subsection(1)(c)(iii) may have retrospective operation to the day the person becomes an employee of the new employer if the gazette notice provides for it.

(6)In this section—

standard defined benefit category see section 32M.

s 13A ins 2000 No. 52 s 41

amd 2009 No. 11 s 5; 2010 No. 11 s 107

13AAContinuation of eligibility for membership after employer ceases to be unit of State public sector

(1)This section applies if—

(a)a person’s employer ceases to be a unit of the State public sector (the relevant event) and the person continues to be an employee of the employer; and

(b)immediately before the relevant event, the person is a member of the scheme; and

(c)any of the following apply—

(i)the relevant event happens under an Act that provides that, on the happening of the relevant event, the person keeps all the person’s existing and accruing rights relating to superannuation;

(ii)the person and the employer each gives written notice to the board that he, she or it agrees to the person’s continued membership of the scheme;

(iii)the Minister declares, by gazette notice, that, on the happening of the relevant event, the person keeps all the person’s existing and accruing rights relating to superannuation; and

(d)for an employer who has given notice under paragraph (c)(ii)—the Minister approves the employer for this section.

(2)This Act continues to apply in relation to the employment of the person as if the employer were a unit of the State public sector.

(3)While a notice declaring that the person is eligible for membership of the scheme is in force under section 13, the person or the employer may not revoke a notice given under subsection (1) (c) (ii).

(4)To remove any doubt, it is declared that if, under subsection (2), this Act applies in relation to the person’s employment—

(a)the person’s membership or entitlement to membership of the standard defined benefit category of the scheme is unaffected by the happening of the relevant event; and

(b) section 32N does not apply to the person.

(5)A gazette notice mentioned in subsection(1)(c)(iii) may have retrospective operation to the day of the happening of the relevant event if the gazette notice provides for it.

(6)In subsection (4)—

standard defined benefit category see section 32M.

s 13AA ins 2009 No. 11 s 6

amd 2010 No. 11 s 108

13BContinuation of eligibility for membership after ceasing to be an employee, spouse or entitled former spouse

(1)To remove doubt, it is declared that, if a person’s contributory membership has ended, the person continues to be eligible for membership of the scheme while the person is entitled to a benefit, under the scheme, relating to the person’s contributory membership.

(2)In this section—

contributory membership means a person’s membership of the scheme, while the person is an employee of a unit of the State public sector, the spouse of a member or an entitled former spouse, on the basis of the person’s eligibility under a notice under section 13.

entitled, to a benefit, includes conditionally entitled to the benefit.

Example for definition entitled—

Under the deed, a benefit is payable to a person when the person reaches a particular age or when a particular event happens. The person is conditionally entitled to the benefit.

s 13B ins 2000 No. 52 s 41

amd 2002 No. 66 s 29

14Contents of deed

Save as otherwise provided by this Act and in addition to any other provisions which the board considers may be necessary or desirable, the deed may make provision for the following matters—

(a)definitions to be used in the deed;

(b)the operation, management and investment of the fund;

(c)the liability for the payment of member contributions to the fund;

(d)the level of member contributions to the fund;

(e)the level of contribution by a unit of the State public sector in relation to members of the scheme;

(f)the circumstances whereby, and the level of contributions in relation thereto, members may make additional contributions to the fund;

(g)conditions for the transfer of members and amounts representing contributions to and from the scheme;

(h)the keeping of accounts for members of the scheme and the payment of interest on such accounts;

(i)the level of and conditions relating to the payment of benefits under the scheme to and in respect of a member, including the following—

(i)benefits on attaining the age of 55 years or older;

(ii)benefits for total and permanent incapacity;

(iii)benefits for permanent but partial incapacity;

(iv)benefits for short term incapacity;

(v)benefits on death prior to the age of 55 years;

(vi)benefits on—

(A)compulsory retrenchment from employment; and

(B)involuntary termination of employment; and

(C)voluntary resignation from employment; and

(D)dismissal from employment;

(vii)benefits on the occurrence of such other eventuality as may be specified;

(j)the obtaining and use of medical or like evidence in determining the payment of benefits under the scheme;

(k)a mechanism for a review by a member dissatisfied with the grant or payment of benefits or any other decision under the scheme;

(l)a method for the preservation of member entitlements in the fund;

(m)the terms and conditions upon which a pension or annuity may be purchased or paid from the fund;

(n)the terms and conditions upon which the board is to obtain actuarial advice in relation to the fund;

(o)the payment of the expenses of operating the scheme from the fund.

s 14 amd 2001 No. 31 s 48 sch

div hdg ins 1996 No. 52 s 6

15Definitions for div 3

In this division—

actuary ...

def actuary om 1999 No. 28 s 4

application date ...

def application date om 1997 No. 21 s 12 (1)

award see the Industrial Relations Act 1999 , schedule 5, definition award, paragraph (a).

Note—

See the Industrial Relations Act 1999 , schedule 5, definition award.

def award sub 1997 No. 21 s 12 (1)–(2); 2000 No. 52 s 42

class 1 marine employee ...

def class 1 marine employee om 1997 No. 21 s 12 (1)

class 2 marine employee ...

def class 2 marine employee om 1997 No. 21 s 12 (1)

declared employee means an employee declared under a regulation to be an employee to whom this division applies.

def declared employee ins 1997 No. 21 s 12 (2)

declared relevant employee ...

def declared relevant employee om 1997 No. 21 s 12 (1)

employee means an employee or former employee of a unit of the State public sector.

def employee sub 2000 No. 52 s 41

fresh award, for a declared employee, means the award declared under a regulation to be the fresh award for the employee.

def fresh award amd 1997 No. 21 s 12 (3)

miscellaneous employee ...

def miscellaneous employee om 1997 No. 21 s 12 (1)

old award, for a declared employee, means the award declared under a regulation to be the old award for the employee.

def old award amd 1997 No. 21 s 12 (4)

relevant employee ...

def relevant employee om 1997 No. 21 s 12 (1)

s 15 ins 1995 No. 27 s 65

sub 1996 No. 52 s 6

15BSpecial provisions for regulation-making power under division

(1)A regulation may declare an employee to be a declared employee only if—

(a)the employee was bound by an award that—

(i)was properly varied; or

(ii)was rescinded and a fresh award binding on the employee was made in substitution for it; and

(b)the employee’s salary has changed under the varied or fresh award; and

(c)the Governor in Council declares under the regulation that the Governor in Council is satisfied that, because of the making of the varied or fresh award, the employee’s benefits under the scheme were changed in an unintended way in relation to the employee’s employment before the making of the varied or fresh award.

(2)To remove any doubt, it is declared that a regulation made under the definition fresh award may declare an award that commenced before the regulation commences to be the fresh award for the employee.

(3)A regulation made under this section expires 1 year after it is made, unless it is earlier repealed.

s 15B ins 1996 No. 52 s 6

amd 1997 No. 21 s 14

15CBenefits payable to declared employees

Despite the deed, benefits payable under the scheme for a declared employee are the benefits calculated as if the employee were still employed under the old award.

s 15C ins 1996 No. 52 s 6

amd 1997 No. 21 s 15

15DRestitution if regulation stops applying

(1)This section applies if—

(a)a benefit becomes payable to a declared employee; and

(b)the amount of the benefit is different to the amount (the notional amount) that would have been payable if the employee were not a declared employee; and

(c)after the benefit is paid, the regulation declaring the employee to be a declared employee expires or otherwise stops applying to the employee.

(2)If the amount of the benefit paid to the employee is less than the notional amount, the board must pay to the employee the difference between the amount of the benefit paid and the notional amount, together with interest at the rate fixed by regulation.

(3)If the amount of the benefit paid to the employee is more than the notional amount, the board may, by written notice, require the employee to pay to the board the difference between the amount of the benefit paid and the notional amount.

(4)The notice must state a reasonable time, not less than 30 days after the notice is given, by which the employee must pay the amount.

(5)If the employee does not comply with the notice, the board may recover the amount as a debt, together with interest at the rate fixed by regulation.

s 15D ins 1996 No. 52 s 6

amd 1997 No. 21 s 16

div hdg ins 1999 No. 74 s 14

15EReferences in div 4 to benefits payable to members

In this division, a reference to a benefit payable under the deed to a member of the scheme includes a reference to a benefit payable under the deed to someone else who has derived an entitlement to the benefit through the member.

s 15E ins 1999 No. 74 s 14

15FAmount to be deducted from benefits

(1)If a benefit is payable under the deed to a member of the scheme, the board must deduct from the employer-financed component of the benefit an amount equal to the balance of the member’s surcharge debt account.

(2)This section applies subject to sections 15G and 15H.

s 15F ins 1999 No. 74 s 14

15GLimit on deduction on refund of certain contributions

(1)This section applies if a benefit is payable, to a police 74 member or State 72 member, as a refund of contributions.

(2)The amount deducted under section 15F must not be more than the total of the following amounts—

(a)15% of the employer-financed component of the part of the benefit that accrued after 20 August 1996 and before 1 July 2003;

(b)14.5% of the employer-financed component of the part of the benefit that accrued after 30 June 2003 and before 1 July 2004;

(c)12.5% of the employer-financed component of the part of the benefit that accrued after 30 June 2004 and before 1 July 2005.

s 15G ins 1999 No. 74 s 14

amd 2004 No. 42 s 28; 2005 No. 60 s 35 sch 1

15HDeduction from benefits paid as pension

(1)This section applies if—

(a)a benefit is payable to a member of the scheme on ceasing to be an employee of a unit of the State public sector; and

(b)the benefit is payable in the form of a pension.

(2)However, this section does not apply to the payment of a pension to a child who has derived an entitlement to the pension through a member.

(3)The board must comply with section 15F by reducing the pension, by an amount equal to the balance of the member’s surcharge debt account, in the way decided by the Minister on the advice of an actuary.

s 15H ins 1999 No. 74 s 14

amd 2000 No. 52 s 43

pt hdg ins 2007 No. 7 s 19

15IAppointment

(1)There is to be a government superannuation officer (the officer).

(2)The officer is to be appointed by the Governor in Council.

(3)The officer may be appointed under this Act or the Public Service Act 2008 .

s 15I ins 2007 No. 7 s 19

amd 2009 No. 25 s 83 sch

15JFunctions

The officer’s functions are, as directed by the Minister, to give advice, prepare reports and carry on other activities relating to superannuation and public service employee entitlements.

s 15J ins 2007 No. 7 s 19

15KStaff services from department and board

(1)At the officer’s request—

(a)the chief executive may assign public service employees of the department to perform work for the officer; or

(b)the board may assign a member of the board’s staff to perform work for the officer.

(2)A person assigned to perform work for the officer under this section is not subject to the direction of the chief executive or board in relation to the performance of the work.

(3)In this section—

board includes a subsidiary of the board.

s 15K ins 2007 No. 7 s 19

15LDelegation

(1)The officer may delegate the officer’s functions to an appropriately qualified person assigned to perform work for the officer under section 15K.

(2)In this section—

functions includes powers.

s 15L ins 2007 No. 7 s 19

15MCEO to act as officer while no appointee

At any time there is no-one holding an appointment as the officer—

(a)the CEO is to perform the officer’s functions; and

(b)for that purpose, sections 15J to 15L apply as if references in the sections to the officer were references to the CEO.

s 15M ins 2007 No. 7 s 19

17Returns

(1)Throughout each year, each unit of the State public sector which employs a person who might become entitled to a benefit from the fund in accordance with the deed is to furnish to the board, in such form and at or within such times as the board directs, returns with respect to such matters as the board directs.

(2)A person who—

(a)is an employee of a unit of the State public sector who might become entitled to a benefit from the fund; or

(b)was an employee of a unit of the State public sector who being entitled to a benefit from the fund preserved that entitlement; or

(c)is a member of the scheme;

is to furnish to the board information with respect to such matters concerning that person as the board may require.

(3)If a person fails to comply with a requirement under subsection (2) relevant to establishing the person’s entitlement to a benefit, the board must withhold the benefit until the entitlement can be established.

s 17 amd 1999 No. 28 s 5; 2000 No. 52 s 44; 2007 No. 7 s 20

18Recovery of overpayments

(1)Where a person has received payment of a benefit from the fund in excess of the payment to which that person is entitled under this Act or the deed, the board may recover from that person or that person’s estate (if that person has died) in a court of competent jurisdiction as a debt due and owing to the board the difference between the payment received by that person and the payment to which that person was entitled under this Act or the deed.

(2)Where a person who has received payment of a benefit from the fund in excess of the payment to which that person is entitled under this Act or the deed, is entitled to a further payment from the fund, that excess may be deducted from the further payment prior to it being paid to that person or that person’s estate.

(3)The board may also deduct interest on the overpayment from the person’s entitlement to a further payment from the fund if the overpayment has been made—

(a)because the member or person receiving the payment gave false or misleading information to the board; or

(b)in circumstances prescribed under the deed.

(4)However, the board may deduct interest on the overpayment only if the board gives written notice to the person—

(a)stating the amount of the overpayment; and

(b)requiring the person to pay the amount before a stated date (at least 30 days after receiving the notice); and

(c)stating that if the person does not pay the amount before the stated date, the board may deduct the amount together with interest at a stated rate from the person’s entitlement to a further payment from the fund.

(5)The rate of interest is to be decided by the board but must not be more than the rate prescribed under a regulation.

(6)Interest on the amount is payable from the stated date.

(7)This section applies subject to a standard prescribed under the SIS Act, section 31.

(8)In subsection (3)—

false or misleading information means information that the person giving it—

(a)knows is false or misleading in a material particular; or

(b)has omitted something from it, knowing the omission makes the information misleading in a material particular.

s 18 amd 1995 No. 27 s 66; 1996 No. 52 s 6; 2007 No. 7 s 21

19Recovery of unpaid contributions

(1)Any amount (including an amount of contribution to the fund) that is payable to the board under the scheme may be recovered in a court of competent jurisdiction as a debt due and owing to the board.

(2)Any amount of contributions to the fund unpaid at the time a person ceases to be a member may be deducted from any benefits payable under the scheme before any payment is made to or in respect of that person.

20Reports

(1)In each year the board is to make to the Minister a report on the administration of this Act and of the scheme.

(2)The Minister is to lay a copy of the board’s annual report before the Legislative Assembly within 14 sitting days after the Minister receives the report.

(3)When, and as often as, the Minister may require, the board is to make to the Minister a report on such matters concerning the administration of this Act or the scheme as the Minister may direct.

Note—

See also the SIS Act for other provisions about reports.

s 20 amd 2007 No. 7 s 22

20AAuditing

(1)The board must—

(a)keep appropriate financial statements about the administration of the scheme; and

(b)have the financial statements for each financial year audited by the auditor-general.

(2)As soon as practicable after the auditor-general certifies the financial statements and prepares a report about the certified statements under the audit, the auditor-general must—

(a)give the certified statements and report to the board; and

(b)give a copy of the certified statements and report to the Minister.

Note—

See also the SIS Act for other provisions about auditing.

s 20A ins 2004 No. 42 s 29

amd 2007 No. 7 s 23

21Protection of expressions associated with scheme

amd 1997 No. 21 s 18 (1)

(1)A person is not to use a declared expression in connection with selling the right to participate in any superannuation, insurance or provident scheme unless—

(a)the scheme is that to which this Act relates; and

(b)that person does so on behalf of the board.

(2)A person is not to—

(a)use any variation of a declared expression; or

(b)use any word (either alone or in conjunction with any other word) similar in sight or sound to a declared expression;

in connection with selling the right to participate in any superannuation, insurance, provident or other benefit scheme, being, in either case, a use likely to afford reasonable grounds for believing the scheme is or is associated with the scheme to which this Act relates, unless—

(c)the scheme in question is one to which this Act relates; and

(d)that person does so on behalf of the board.

(3)A person who contravenes subsection (1) or (2) commits an offence against this Act.

Maximum penalty—40 penalty units.

(4)In this section—

declared expression means an expression, associated with the scheme, declared under a regulation to be an expression to which this section applies.

Examples of expressions associated with the scheme—

1a name given to the scheme

2a name given to a category of member

s 21 amd 1991 No. 11 s 7.9; 1997 No. 21 s 18 (2)–(4)

22Publicity of scheme

The board is to take all reasonable steps to ensure that all persons eligible for membership of the scheme are made aware of the benefits that arise from membership of the scheme.

s 22 amd 1997 No. 21 s 19; 1997 No. 81 s 3 sch

23Unclaimed benefits

(1)This section applies if a benefit payable under this Act is not claimed by a person entitled to it (the beneficiary) within 6 months after it becomes payable.

(2)The board must keep the benefit in the fund for the beneficiary.

(3)The board may pay a person the benefit only if the board is satisfied the person is the beneficiary.

(4)Payment of a benefit to a person (the first claimant) under this section releases the board from the obligation to pay another person (a subsequent claimant) a further benefit from the fund in relation to a member.

(5) Subsection (4) does not prevent the subsequent claimant from claiming the amount of the value of the benefit from the first claimant.

(6)This section does not apply to a benefit, or any part of a benefit, that is unclaimed money under the Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cwlth).

(7)In this section—

benefit includes interest payable on the benefit at the rate decided by the board.

s 23 sub 1995 No. 27 s 68

amd 2007 No. 7 s 24

24Barring of claims for compensation

No member is entitled to any compensation by reason of the alteration of any benefit payable under the scheme which may lawfully be made in consequence of any actuarial investigation or otherwise.

26False declarations

(1)No person is to—

(a)in a certificate, return, declaration, or other document given or sent to, or lodged with, the board by or on behalf of that person for any of the purposes of the scheme, knowingly furnish information as to age or state of health that is false or misleading; or

(b)for the purposes of a medical examination required to be undergone under the scheme, knowingly furnish the medical practitioner by whom the examination is made with information as to state of health or medical history that is false or misleading.

Maximum penalty—10 penalty units.

(2)If a person is convicted of an offence against this section the board may order—

(a)in the case of a member—

(i)that the person is ineligible, either permanently or for such time as the board may determine, to contribute to the fund; or

(ii)if contributions have not commenced—that the person is ineligible to commence to contribute to the fund either permanently or for such time as the board may determine; or

(b)in the case of a recipient of a benefit—that the benefit be cancelled forthwith; or

(c)in the case of a person other than a member or recipient of a benefit—that that person be ineligible to commence to contribute to the fund either permanently or for such time as the board may determine.

(3)Where the board makes a determination under this section in respect of a member whereby the member is precluded from contributing to the fund for a time only, any period of employment by the member during that time is to be disregarded in the calculation of a period of employment for the purpose of determining a member’s entitlement, or that of a person deriving an entitlement through that member, to benefits under this Act or the scheme.

28Contributions by units

(1)The Treasurer may require a unit of the State public sector to pay, for each member of the scheme employed by the unit, the amount the Treasurer decides is necessary to provide for the payment of benefits to the member under the scheme.

(2)The unit must pay the amount within 1 week after the end of each pay period for the member or, for a payment other than a periodic payment, by the time stated by the Treasurer.

(3)If the amount is not paid within the time required under subsection (2), interest accrues on the outstanding amount at the rate prescribed under a regulation.

(4) Subsection (5) applies if—

(a)the amount is paid within the time required under subsection (2); and

(b)the board can not pay the amount or a part of the amount into the member’s appropriate account because information received for the member, from the unit of the State public sector in a return mentioned in section 17 (1), is not accurate or complete.

(5)Interest accrues on the amount that can not be paid into the member’s appropriate account—

(a)at the rate prescribed under a regulation; and

(b)for the period in which the amount can not be paid into the account.

(6)The amount mentioned in subsection (1), and interest that accrues under subsection (3) or (5), must be paid—

(a)if a regulation requires payment to the board—to the board; or

(b)otherwise—to the Treasurer.

(7)In this section—

member’s appropriate account, in relation to an amount received for a member of the scheme, means the member’s account under the scheme into which the amount must be paid under this Act.

s 28 ins 1991 No. 11 s 7.11

sub 1997 No. 21 s 21

amd 2000 No. 52 s 45; 2004 No. 42 s 30; 2008 No. 75 s 121

29Appropriation of contribution

(1)A contribution to the fund by the Crown in accordance with the deed is to be paid by the Treasurer—

(a)at any such time and in such manner as prescribed by the deed; and

(b)out of the consolidated fund which is appropriated accordingly.

(2)The contribution by the Crown under subsection (1) in a financial year must be at least the amount required to meet the defined benefits under the deed that fall due for payment in the financial year less—

(a)any share of the defined benefits satisfied by contributions already paid by the Crown; and

(b)any share of the defined benefits satisfied by contributions already paid by the defined benefit members to whom the benefits are payable and accumulated interest on the contributions.

(3)In this section—

accumulated interest, on contributions paid by a defined benefit member, means interest credited to the member’s account under the deed that is attributable to the amount of the contributions.

defined benefit members means members in a defined benefit category under the deed.

defined benefits means benefits payable under the deed to defined benefit members.

s 29 amd 1999 No. 29 s 50 sch; 2008 No. 75 s 122

30Assignment of benefit

Subject to part 3, no benefit payable under the scheme is capable of being assigned, charged, taken in execution, attached or passed by operation of law or otherwise howsoever to any person other than the member or the member’s estate nor is any claim to be set off against the same and any amount payable out of the fund on the death of the member is not an asset for the payment of the member’s debts or liabilities.

s 30 amd 2000 No. 52 s 46; 2004 No. 42 s 31; 2005 No. 60 s 35 sch 1

30AJudicial notice of certain matters

(1)Judicial notice must be taken of the imprint of the board’s seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved.

(2)Judicial notice also must be taken of—

(a)the signature of a trustee, an alternate trustee or the CEO; and

(b)the fact that the person holds or has held the relevant office.

s 30A ins 1997 No. 21 s 22

amd 2007 No. 7 s 25

30BReferences to discontinued schemes

(1)In an Act or document, a reference to a discontinued scheme or a matter relating to a discontinued scheme may, if the context permits, be taken as a reference to the scheme established under this Act or the equivalent matter relating to the scheme established under this Act.

(2)In subsection (1)—

discontinued scheme means a superannuation scheme previously operated under any of the following Acts—

•the Fire and Rescue Authority Act 1990

•the repealed Parliamentary Contributory Superannuation Act 1970

•the repealed Police Superannuation Act 1968

•the repealed Police Superannuation Act 1974

•the repealed Public Service Superannuation Act 1958

•the repealed State Service Superannuation Act 1972

•the repealed Superannuation (Government and Other Employees) Act 1988.

s 30B ins 1997 No. 21 s 22

amd 2007 No. 7 s 25A

30CNo appeal to industrial commission

No appeal lies to the industrial commission in relation to any decision under this Act.

s 30C ins 1999 No. 33 s 747 sch 3

30DCommencement of Superannuation (State Public Sector) Notice 2000

The Superannuation (State Public Sector) Notice 2000 is taken to have commenced on 1 May 2000.

s 30D ins 2000 No. 52 s 47

31Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)Without limiting subsection (1), a regulation may be made about any of the following—

(a)the membership of the board;

(b)the eligibility requirements for trustees and alternate trustees;

(c)the appointment of trustees by the Minister;

(d)the appointment of alternate trustees by the board and the functions and powers of trustees that may be performed and exercised by alternate trustees;

(e)revoking the appointment of trustees or alternate trustees;

(f)filling vacancies in the office of a trustee or an alternate trustee;

(g)matters relating to the chairperson and deputy chairperson of the board including—

(i)the appointment of a trustee as chairperson; and

(ii)the election of a trustee as deputy chairperson;

(h)the conduct of the board’s business, including providing for the holding of, and attendance and voting at, board meetings.

s 31 sub 1993 No. 11 s 45 sch 3; 2013 No. 61 s 126

pt hdg ins 2007 No. 7 s 26

31ATransfer of employees

(1)With the consent of a public service employee of the department, the Minister may, by written notice, transfer the employee to the board.

(2)The transfer does not—

(a)affect the employee’s benefits, entitlements or remuneration; or

(b)prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

(c)interrupt continuity of service; or

(d)constitute a retrenchment or redundancy; or

(e)entitle the employee to a payment or other benefit merely because he or she is no longer employed in the department.

(3)If the employee is employed on contract, the transfer has effect despite anything in the contract.

(4)On becoming an employee of the board, the employee stops being a public service employee.

(5) Subsection (4) does not apply if the board is a public service office at the time of the transfer and it employs the employee under the Public Service Act 2008 .

(6)The Minister may delegate the Minister’s power under subsection (1) to the chief executive.

(7)In this section—

board includes a subsidiary of the board.

s 31A ins 2007 No. 7 s 26

amd 2007 No. 58 s 110; 2009 No. 25 s 83 sch

31BTransfer of assets and liabilities

(1)This section applies to assets and liabilities of the State that are controlled by the office known as the Government Superannuation Office within the department.

(2)The Minister may, by gazette notice, transfer stated assets and liabilities (the transferred assets and liabilities) to the board.

(3)The gazette notice may identify the transferred assets and liabilities by reference to a register of assets and liabilities approved by the Minister.

(4)On the day the gazette notice takes effect (the effective day)—

(a)the State is divested of the transferred assets and liabilities and the transferred assets and liabilities become the assets and liabilities of the board; and

(b)contracts, agreements, arrangements and deeds, relating to the transferred assets and liabilities, to which the State is a party, in force immediately before the effective day, are taken to have been entered into by the board and may be enforced against or by the board; and

(c)any property relating to the transferred assets and liabilities that, immediately before the effective day, was held on trust, or subject to a condition, by the State continues to be held on the same trust, or subject to the same condition, by the board; and

(d)a lease relating to the transferred assets and liabilities granted by, or to, the State, in force immediately before the effective day, is taken to have been granted by, or to, the board; and

(e)proceedings by or against the State, or that could have been started by or against the State before the effective day, relating to the transferred assets or liabilities may be continued or started by or against the board.

(5)The transfer of a liability of the State under this section discharges the State from the liability.

(6)The registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by the board, record the vesting of the property under this section in the board.

(7)In this section—

board includes a subsidiary of the board.

s 31B ins 2007 No. 7 s 26

pt 4B (ss 31C–31F) ins 2009 No. 11 s 7

31CDefinitions for pt 4B

In this part—

QSL means QSuper Limited ACN 125 248 286.

relevant employee means a person who, immediately before the transfer day, was—

(a)an employee of the department; and

(b)included, for this part, in a list of employees—

(i)signed by the Minister; and

(ii)available, in the head office of the department, for inspection by employees to whom the list relates.

transfer day means the later of the following—

(a)1 July 2009;

(b)the day this section commences.

pt 4B (ss 31C–31F) ins 2009 No. 11 s 7

31DTransfer of relevant employees

(1)On the transfer day—

(a)all relevant employees are transferred to become employees of QSL; and

(b)the records of the department, to the extent they relate to the employment of relevant employees, become the records of QSL.

(2)The transfer does not—

(a)affect a relevant employee’s benefits, entitlements or remuneration; or

(b)prejudice the relevant employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

(c)interrupt the relevant employee’s continuity of service; or

(d)constitute, for the relevant employee, a termination of the employee’s employment by the department, a retrenchment or a redundancy; or

(e)entitle the relevant employee to a payment or other benefit merely because the employee is no longer employed in the department.

(3)If a relevant employee is employed on contract, the transfer has effect despite anything in the contract.

(4)On becoming an employee of QSL, a relevant employee stops being a public service employee.

pt 4B (ss 31C–31F) ins 2009 No. 11 s 7

31ERight to return to public service

(1)A relevant employee transferred under section 31D may, within 1 year after the transfer day, elect to return to being a public service employee.

(2) Subsection (1) does not apply to—

(a)a relevant employee mentioned in section 31D (3); or

(b)a relevant employee who, by written notice given to the chief executive officer of QSL, has waived the employee’s right under subsection (1).

(3)If a relevant employee is appointed to a position in QSL at a higher level from the position to which the employee was transferred, the appointment may include a condition that the employee waive the employee’s right under subsection (1).

(4)An election under subsection (1) must be made by giving written notice (an election notice) to the chief executive officer of QSL.

(5)At least 7 days but not more than 21 days after receiving an election notice, the chief executive officer must give a copy of the notice to the chief executive of the department.

(6)A relevant employee may withdraw an election notice by giving written notice (a withdrawal notice) to the chief executive officer of QSL.

(7)The withdrawal notice has effect only if it is given to the chief executive officer before the chief executive officer has given a copy of the election notice to the chief executive of the department.

(8)A relevant employee who has given a withdrawal notice under subsection (6) may not give a further election notice under subsection (1).

pt 4B (ss 31C–31F) ins 2009 No. 11 s 7

31FConditions on return to public service

(1)This section applies to a relevant employee who, under section 31E, elects to return to being a public service employee.

(2)On the relevant employee’s return—

(a)the employee is taken not to have stopped being a public service employee when the employee was transferred; and

(b)the employee’s service as a public service employee is taken to have continued while the employee was employed by QSL; and

(c)the records held by QSL that relate to the employee’s employment become the records of the department.

(3) Subsection (2) does not allow the relevant employee to claim a benefit of the employee’s service more than once for the same period of time.

pt 4B (ss 31C–31F) ins 2009 No. 11 s 7

pt hdg prev pt 5 hdg ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

ins 1999 No. 27 s 76 sch 1 pt 3

pres pt 5 hdg (prev pt 4A hdg) ins 2004 No. 42 s 32

renum 2004 No. 42 s 33 sch

32Validation provision for appointment of executive officer of board

(1)For this Act, the person appointed as the executive officer of the board by the Governor in Council on 24 July 2003 is taken to have been validly appointed as the executive officer of the board on 2 July 1997 for the relevant period.

(2)Anything done or omitted to be done during the relevant period that would have been valid and lawful under this Act had the person been validly appointed as the executive officer on 2 July 1997 is taken to be, and always to have been, as valid and lawful as if the person had been validly appointed as the executive officer on that day.

(3)In this section—

relevant period means the period starting on 2 July 1997 and ending at the end of 23 July 2003.

s 32 prev s 32 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

ins 1999 No. 27 s 76 sch 1 pt 3

pres s 32 (prev s 31A) ins 2004 No. 42 s 32

renum 2004 No. 42 s 33 sch

pt hdg ins 2007 No. 7 s 26A

32ADefinitions for pt 5A

In this part—

commencement means the commencement of section 32L.

Parliamentary fund means the Parliamentary Contributory Superannuation Fund established and kept, immediately before the commencement, under the repealed Act.

Parliamentary trustees see section 32D (2).

repealed Act means the Parliamentary Contributory Superannuation Act 1970 .

transferring member means—

(a)a person mentioned in the repealed Act, section 4 (1) (a) or (b); or

(b)a person mentioned in the repealed Act, section 4 (1) (c) who, immediately before the commencement, had an entitlement under that Act.

trustees body corporate see section 32D (2).

s 32A ins 2007 No. 7 s 26A

32BTransferring members

(1)On the commencement, a transferring member becomes a member of the scheme in the membership category stated for the transferring member in the deed.

(2)A transferring member is eligible for membership of the scheme.

s 32B ins 2007 No. 7 s 26A

32CEntitlements

(1)On the commencement, each transferring member has the entitlements that applied to him or her immediately before the commencement.

(2)This section does not affect section 12.

s 32C ins 2007 No. 7 s 26A

32DTrustees of the Parliamentary fund

(1)The Parliamentary trustees go out of office and the trustees body corporate is dissolved.

(2)In this section—

Parliamentary trustees means the trustees of the Parliamentary fund under the repealed Act, section 7 (1).

trustees body corporate means the Trustees of the Parliamentary Contributory Superannuation Fund under the repealed Act, section 7 (2).

s 32D ins 2007 No. 7 s 26A

32EParliamentary fund

(1)The Parliamentary fund is discontinued.

(2)On the commencement, an amount that, immediately before the commencement, was contained in the Parliamentary fund becomes part of the State Public Sector Superannuation Fund.

s 32E ins 2007 No. 7 s 26A

32FAgreements and legal proceedings

(1)An agreement or arrangement in force immediately before the commencement, between the trustees body corporate and another entity is taken to be an agreement or arrangement between the board and the entity.

(2)A legal proceeding started but not finished, before the commencement, by or against the trustees body corporate may be continued and finished by or against the board.

s 32F ins 2007 No. 7 s 26A

32GAssets and liabilities

On the commencement, an asset or liability of the trustees body corporate immediately before the commencement becomes an asset or liability of the board.

s 32G ins 2007 No. 7 s 26A

32HAnnual report

(1)The next annual report made after the commencement must include a report on the administration of the Parliamentary fund under the repealed Act during the period from 1 July 2006 until immediately before the commencement.

(2)In this section—

annual report means a report under section 20.

s 32H ins 2007 No. 7 s 26A

32IAuditing

(1)The former trustees must give to the board the accounts under the repealed Act, section 14, relating to the period from 1 July 2006 until immediately before the commencement.

(2)A reference in section 20A (1) (b) or (2) to financial statements includes the accounts received by the board under subsection (1).

(3)In this section—

former trustees means the persons who were the Parliamentary trustees immediately before the commencement.

s 32I ins 2007 No. 7 s 26A

32KDeed making power for transferring members

(1)This section provides for the amendment of the deed under section 12 to provide for transferring members.

(2)An amendment of the deed may be expressed as a relocation to the deed of a provision, with or without stated changes, of the repealed Act.

(3)To remove any doubt, it is declared the amendment does not amend the repealed Act.

(4)The amendment must not commence until the repeal of the repealed Act.

(5)The deed must be amended to provide for the membership category or categories of transferring members.

(6)The deed must be amended to include provision for a resignation matter to be decided by the board after consulting with a committee (the Parliamentary Benefits Committee) consisting of the following persons—

(a)the Premier;

(b)the Speaker of the Legislative Assembly;

(c)the member of the Legislative Assembly who is recognised as the Leader of the Opposition.

(7)This section does not limit section 12.

(8)In this section—

resignation matter means a matter about whether a transferring member has resigned, or not sought re-election, as a member of the Legislative Assembly for good and sufficient reasons.

s 32K ins 2007 No. 7 s 26A

amd 2008 No. 75 s 124

32LRepeal

The Parliamentary Contributory Superannuation Act 1970 No. 1 is repealed.

s 32L ins 2007 No. 7 s 26A

pt 5B (ss 32M–32P) ins 2008 No. 75 s 125 (retro)

32MDefinitions for pt 5B

In this part—

commencement day means the day this part commences.

standard defined benefit category means the membership category under the deed that was of that name immediately before the commencement day.

pt 5B (ss 32M–32P) ins 2008 No. 75 s 125 (retro)

32NClosure of standard defined benefit category

(1)A person may not become a member in the standard defined benefit category.

(2)A person who is not a member in the standard defined benefit category in relation to particular employment may not become a member in the standard defined benefit category in relation to that employment.

(3)To remove any doubt, it is declared that—

(a) subsections (1) and (2) apply despite anything in the deed or other instrument in force under this Act; and

(b) subsection (1) prevents a person becoming a member in the standard defined benefit category even if the person was previously in that category (before or after the commencement day); and

(c) subsection (2) prevents a person becoming a member in the standard defined benefit category in relation to particular employment even if the person was previously in that category in relation to that employment (before or after the commencement day).

(4)This section does not apply to a person with approval given under section 32O.

pt 5B (ss 32M–32P) ins 2008 No. 75 s 125 (retro)

32OApproval to join after commencement day in particular circumstances

(1)Within 6 months after the commencement day, a person may give a written application to the government superannuation officer (the officer) for approval to become a member in the standard defined benefit category in relation to particular employment.

(2)The person must give the officer the information reasonably required by the officer to decide the application.

(3)The officer may approve the application if satisfied that, before the commencement day, the applicant—

(a)took a step for the purpose of becoming a member in the standard defined benefit category; or

Example—

The applicant completed a form required to become a member in the standard defined benefit category but, on the commencement day, the form was with the applicant’s employer.

(b)took a step for the purpose of deciding whether to become a member in the standard defined benefit category.

Example—

The applicant arranged before the commencement day to obtain financial advice for the purpose of deciding whether to become a member in the standard defined benefit category.

(4)The officer must decide the application as soon as is practicable.

(5)The officer must give the applicant written notice of the decision and, if the decision is not to give the approval, the reasons for the decision.

(6)If the officer decides not to give approval, the applicant may, within 28 days after receiving notice of the decision, give a written application to the chief executive for a review of the decision.

(7)The chief executive must review the decision as soon as is practicable and either confirm the officer’s decision or give the approval.

(8)The chief executive must give the applicant written notice of the chief executive’s decision on the review and, if the decision is to confirm the officer’s decision, the reasons for the chief executive’s decision.

(9)For part 3A, the officer’s functions include the functions under this section.

pt 5B (ss 32M–32P) ins 2008 No. 75 s 125 (retro)

32PMembership taken to continue in particular circumstances

(1)This section applies if—

(a)on or after the commencement day, a person who is a member of the standard defined benefit category in relation to employment with a particular unit of the State public sector stops being employed by that unit; and

(b)within 1 month after ceasing the employment mentioned in paragraph (a), the person starts employment with the same or another unit of the State public sector (the new employment); and

(c)the person is eligible for membership in the standard defined benefit category in relation to the new employment.

(2)The person’s membership in the standard defined benefit category continues until it ends under the deed.

pt 5B (ss 32M–32P) ins 2008 No. 75 s 125 (retro)

pt hdg (prev pt 5 hdg) ins 1999 No. 75 s 3

renum 2004 No. 42 s 33 sch

sub 2005 No. 60 s 35 sch 1

div hdg ins 2005 No. 60 s 35 sch 1

33APRA or ASIC may be declared to be a unit of the State public sector

(1) Subsection (2) applies if, on or after the transfer date, a person who was an employee of QOFS immediately before the transfer date becomes—

(a)an employee of APRA under a transfer agreement; or

(b)an employee of ASIC under the Public Service Act 1922 (Cwlth), section 81B(1).

(2)A regulation may, under section 2 (1), definition unit of the State public sector, paragraph (o), declare—

(a)APRA to be a unit of the State public sector, if the person becomes an employee of APRA under a transfer agreement; or

(b)ASIC to be a unit of the State public sector, if the person becomes an employee of ASIC under the Public Service Act 1922 (Cwlth) , section 81B (1).

(3)In this section—

APRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998 (Cwlth).

ASIC means the Australian Securities and Investments Commission established under the Australian Securities and Investments Commission Act 2001 (Cwlth).

QOFS means the Queensland Office of Financial Supervision established under the Queensland Office of Financial Supervision Act 1992 .

transfer agreement means a transfer agreement under the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 (Cwlth) , schedule 8, part 1, division 2.

transfer date means the date that, under the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 (Cwlth) , section 3 (16), is specified as the transfer date for the purposes of that Act.

s 33 prev s 33 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 33 (prev s 32) ins 1999 No. 27 s 76 sch 1 pt 3

amd 2001 No. 45 s 29 sch 3

renum 2004 No. 42 s 33 sch

amd 2004 No. 42 s 33 sch

div hdg ins 2005 No. 60 s 35 sch 1

34SEQWB officers or employees who become SEQWCo employees

(1)This section applies if, on or after the settlement day, a person who is an officer or employee of SEQWB immediately before the settlement day becomes an employee of SEQWCo under the sale of business agreement.

(2)A regulation may, under section 2 (1), definition unit of the State public sector, paragraph (o), declare SEQWCo to be a unit of the State public sector.

(3)A declaration under subsection (2) operates only for the purpose of this Act and must not be taken to indicate that SEQWCo has a status for the purpose of any other Act.

(4)If SEQWCo is declared to be a unit of the State public sector, the only persons, in relation to SEQWCo, who may be declared eligible for membership of the scheme, by a written notice under section 13 (1), are transferred employees.

(5)In this section—

sale of business agreement means the agreement called the Sale of Business Agreement entered into between SEQWB and SEQWCo on 20 September 1999 under the South East Queensland Water Board (Reform Facilitation) Act 1999 , section 5 (1).

SEQWB means the South East Queensland Water Board established under the South East Queensland Water Board Act 1979 .

SEQWCo means South East Queensland Water Corporation Limited ACN 088 729 766.

settlement day means the settlement day declared under the South East Queensland Water Board (Reform Facilitation) Act 1999 , section 8.

transferred employees means persons who are officers or employees of SEQWB immediately before the settlement day and become employees of SEQWCo under the sale of business agreement.

s 34 prev s 34 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 34 (prev s 33) ins 1999 No. 75 s 3

renum 2004 No. 42 s 33 sch

amd 2004 No. 42 s 33 sch

div hdg ins 2005 No. 60 s 35 sch 1

35Transitional provision about superannuation contributions surcharge

To work out the amount equal to the balance of a member’s surcharge debt account under part 3, division 4, the amendment of section 15G by the Revenue Legislation Amendment Act 2005 applies as if the amendment had commenced on 1 July 2005.

s 35 prev s 35 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 35 ins 2005 No. 60 s 35 sch 1

div hdg ins 2007 No. 7 s 27

36Definitions for div 4

In this division—

commencement day means the day of commencement of the provision in which the term appears.

new means as in force from the commencement day.

repealed means repealed by the Superannuation (State Public Sector) Amendment Act 2007 .

s 36 prev s 36 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 36 ins 2007 No. 7 s 27

37Continuation of chief executive as a trustee

(1)The chief executive continues from the commencement day as an employer trustee.

(2)For subsection (1), there is taken to be an appointment of the chief executive under new section 5 (the deemed appointment).

(3)Despite new section 5 (8), the deemed appointment is not taken to be for a limited term.

(4)To remove any doubt, it is declared that—

(a)the deemed appointment may be ended under this Act; and

Example—

The chief executive may resign as trustee by signed notice given to the Minister.

(b)the ending of the deemed appointment does not prevent a future appointment of the chief executive as a trustee under new section 5.

(5)The operation of this section is not affected by a change of the individual holding office as the chief executive.

s 37 prev s 37 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 37 ins 2007 No. 7 s 27

38Continuation of other trustees

(1)An existing appointment continues from the commencement day until the end of the term stated in the existing appointment, unless it ends earlier under this Act.

(2)For subsection (1), the current appointed trustees are taken to have been appointed under new section 5.

(3)A current appointed trustee who was nominated for appointment under repealed section 5 (1) (a) is taken to be an employer trustee.

(4)A current appointed trustee who was nominated for appointment under repealed section 5 (1) (b) is taken to be a member entity trustee.

(5)In this section—

current appointed trustee means a person holding office as a trustee under an existing appointment.

existing appointment means an appointment under repealed section 5 that was in force immediately before the commencement day.

s 38 prev s 38 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 38 ins 2007 No. 7 s 27

39Remuneration of trustees

The persons continued in office as trustees under this division continue to be entitled to the remuneration that applied to them immediately before the commencement day under repealed section 9 until the Minister makes a decision under new section 9.

s 39 prev s 39 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 39 ins 2007 No. 7 s 27

40Chairperson

(1)The chief executive continues from the commencement day as chairperson.

(2)For subsection (1), there is taken to be an appointment of the chief executive under new section 6D (1) (the deemed appointment).

(3)Despite new section 6D (5), the deemed appointment is not taken to be for a limited term.

(4)To remove any doubt, it is declared that—

(a)the deemed appointment may be ended under this Act; and

Example—

The chief executive may resign the office of chairperson by signed notice given to the Minister.

(b)the ending of the deemed appointment does not prevent a future appointment of the chief executive as chairperson under new section 6D.

(5)The operation of this section is not affected by a change of the individual holding office as the chief executive.

s 40 prev s 40 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 40 ins 2007 No. 7 s 27

41Transfer of previous executive officer to CEO

(1)To remove any doubt, it is declared that, if the previous executive officer is a public service employee of the department, he or she may be transferred under new section 31A to the position of CEO.

(2)In this section—

previous executive officer means the person who, immediately before the commencement day, was the executive officer under repealed section 6D.

s 41 prev s 41 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 41 ins 2007 No. 7 s 27

42Other matters relating to the executive officer

(1)A reference in new section 8 to a person who was an official includes a person who was the executive officer at a time before the commencement day.

(2)A reference in new section 30A (2) (a) to the signature of the CEO includes the signature of the executive officer made at a time before the commencement day.

s 42 prev s 42 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 42 ins 2007 No. 7 s 27

43QIC continues as investment manager

(1)QIC continues from the commencement day as investment manager of the fund.

(2)For subsection (1), QIC is taken to have been appointed under new section 11.

(3)The appointment continues until it is revoked by the board.

s 43 prev s 43 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 43 ins 2007 No. 7 s 27

amd 2007 No. 58 s 111

div hdg ins 2013 No. 61 s 127

44Appointments of existing trustees end

(1)This section applies to a trustee holding office immediately before the commencement of this section.

(2)On the commencement, the trustee’s appointment ends and the office is vacated.

s 44 prev s 44 ins 1997 No. 21 s 23

exp 30 June 1998 (see s 45)

pres s 44 ins 2013 No. 61 s 127