{"id":"C2015A00119","name":"Australian Defence Force Superannuation Act 2015","slug":"australian-defence-force-superannuation-act-2015","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"119 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":54939,"registerId":"commonwealth-C2015A00119-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Australian Defence Force Superannuation Act 2015.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

10 September 2015

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline","content":"#### 3 Simplified outline\n\nThis Act provides for a superannuation scheme, to be known as the Australian Defence Force Superannuation Scheme (ADF Super).\n\nGenerally, a person is eligible to become an ADF Super member if he or she is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016. After that day, DFRDB and MSBS are closed to persons who commence with the Defence Force.\n\nIn some cases, a person who is eligible to become an ADF Super member becomes a member if he or she chooses to become a member. In other cases, a person automatically becomes an ADF Super member.\n\nA person’s membership of ADF Super continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\nThe Department must pay contributions to ADF Super for the benefit of certain ADF Super members. Contributions may also be made by employers of ADF Super members who are former long‑term ADF members, and by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\nCSC is responsible for ADF Super.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Act:\n\n> account‑based pension has the same meaning as in the Superannuation Industry (Supervision) Regulations 1994.\n\n> ADF means the Australian Defence Force.\n\n> ADF Super: see Australian Defence Force Superannuation Scheme.\n\n> ADF Super Fund means the fund established, and vested in CSC, by the Trust Deed.\n\n> ADF Super member means a person who is an ADF Super member in accordance with section 12.\n\n> Australian Defence Force Superannuation Scheme or ADF Super means the superannuation scheme established by the Trust Deed.\n\n> continuous full‑time Reservist means a member of the Reserves who is rendering a period of continuous full‑time service.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> DFRDB (short for Defence Force Retirement and Death Benefits) means the scheme established by the Defence Force Retirement and Death Benefits Act 1973.\n\n> employer has the same meaning as in the SIS Act.\n\n> former long‑term ADF member: a person is a former long‑term ADF member if:\n\n (a) for a continuous period of at least 12 months, the person was any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (b) at a particular time (whether before, on or after the commencement of this definition), the person ceased to be any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (c) at that time, the person was an ADF Super member; and\n (d) at all times since that time, the person:\n (i) has continued to be an ADF Super member; and\n (ii) has not been either a member of the Permanent Forces or a continuous full‑time Reservist.\n\n> member spouse has the meaning given by section 9.\n\n> MSBS (short for Military Superannuation and Benefits Scheme) has the same meaning as Scheme has in the Military Superannuation and Benefits Act 1991.\n\n> non‑member spouse has the meaning given by section 9.\n\n> Permanent Forces has the same meaning as in the Defence Act 1903.\n\n> preserved employer benefit means a preserved amount that includes an amount of employer benefit (within the meaning of the Rules made for the administration of MSBS).\n\n> Reserves has the same meaning as in the Defence Act 1903.\n\n> rules means rules made under section 28.\n\n> splitting agreement has the meaning given by section 9.\n\n> splitting order has the meaning given by section 9.\n\n> superannuation interest has the meaning given by section 9.\n\n> this Act includes the rules (except in subsection 29(2)).\n\n> Trust Deed means:\n\n (a) the deed referred to in section 7; or\n (b) if the deed is amended—the deed as so amended.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"#### 5 Application of Act\n\n This Act applies both within and outside Australia.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Trust Deed","content":"## Part 2—The Trust Deed","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 6 Simplified outline of this Part\n\nThe Australian Defence Force Superannuation Scheme (known as ADF Super) is established by a deed made under this Part. The deed also establishes the ADF Super Fund (into which contributions and other money are paid). The deed is a legislative instrument.\n\nThe deed sets out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund.\n\nGenerally, CSC must consent to any amendment of the deed.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Trust Deed to establish the Australian Defence Force Superannuation Scheme","content":"#### 7 Trust Deed to establish the Australian Defence Force Superannuation Scheme\n\n (1) Before 1 July 2016, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Australian Defence Force Superannuation Scheme; and\n (ii) may also be known as ADF Super; and\n (iii) is for the benefit of persons who will be members of ADF Super; and\n (b) establish, and vest in CSC, a fund for the purposes of ADF Super; and\n (c) set out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund; and\n (d) make rules for the administration of ADF Super.\n (2) The deed is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Amendment of the Trust Deed","content":"#### 8 Amendment of the Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n Limitations on amending the Trust Deed\n (2) The Trust Deed must not be amended unless:\n (a) CSC has consented to the amendment; or\n (b) the amendment:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the ADF Super Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection does not apply in relation to an amendment of the Trust Deed for the purposes of subsection 19(1) (costs of administration of Act etc.) (see subsection 19(2)).\n\n (3) A provision of the Trust Deed that is amended under subsection (1) is invalid if the provision would have the effect that ADF Super:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act.\n Instrument making amendment is a legislative instrument\n (4) An instrument under subsection (1) is a legislative instrument.\n (5) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Family law interest splitting","content":"#### 9 Family law interest splitting\n\n (1) Without limiting section 7 or 8, the Trust Deed:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Trust Deed; and\n (ii) the benefits of the member spouse are reduced in accordance with the Trust Deed; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this Act:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Members of the Australian Defence Force Superannuation Scheme (ADF Super)","content":"## Part 3—Members of the Australian Defence Force Superannuation Scheme (ADF Super)","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 10 Simplified outline of this Part\n\nGenerally, a person is eligible to become an ADF Super member if the person is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016.\n\nSome persons must make an election in order to become an ADF Super member.\n\nOther persons automatically become members of ADF Super. These persons can later make an election in accordance with Part 3A of the Superannuation Guarantee (Administration) Act 1992 and choose another superannuation fund.\n\nA person who has never previously been a member of the Defence Force and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA person who is already a member of MSBS must elect to become an ADF Super member. Otherwise, he or she remains a member of MSBS. (A person may have become a member of MSBS by becoming a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016, or, for those who have a preserved employer benefit, after that day.)\n\nA former member of MSBS, who does not have a preserved employer benefit, and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA contributing member of DFRDB who became a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016 is not eligible to become an ADF Super member. However, if a member of DFRDB leaves the Defence Force and, on or after 1 July 2016, again becomes a member of the Permanent Forces or a continuous full‑time Reservist, he or she automatically becomes an ADF Super member.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Eligibility for membership of ADF Super","content":"#### 11 Eligibility for membership of ADF Super\n\n (1) A person is eligible to become an ADF Super member if:\n (a) the person is:\n (i) a member of the Permanent Forces; or\n (ii) a continuous full‑time Reservist; or\n (b) the person is a former member of MSBS (within the meaning of the Rules made for the administration of MSBS) or a former contributing member of DFRDB (within the meaning of the Defence Force Retirement and Death Benefits Act 1973) to whom an account‑based pension may, if the person were an ADF Super member, be provided in accordance with the Trust Deed.\n (2) However, a person is not eligible to become an ADF Super member if the person is a contributing member (within the meaning of the Defence Force Retirement and Death Benefits Act 1973).\n (3) A person is not eligible to become an ADF Super member before 1 July 2016.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Becoming an ADF Super member","content":"#### 12 Becoming an ADF Super member\n\n (1) This section sets out the 2 situations in which a person can become an ADF Super member.\n Choice to become a member\n (2) A person who is eligible to become an ADF Super member may, in a manner approved by CSC in writing under this subsection, choose to become an ADF Super member.\n (3) The person becomes an ADF Super member when the choice is made.\n\n> Note: A person who is a member of MSBS, who chooses to become an ADF Super member, cannot later again become an MSBS member (see subsection 7(3) of the Military Superannuation and Benefits Act 1991).\n\n ADF Super is the person’s mandated fund\n (4) A person becomes an ADF Super member at a particular time if:\n (a) the person is eligible to be an ADF Super member because the person becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016; and\n (b) the person does not have a preserved employer benefit in MSBS; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992).\n\n> Note 1: See also section 15 (ADF Super is the sole eligible choice fund in relation to certain members).\n\n> Note 2: For a continuous full‑time Reservist whose undertaking spans 30 June 2016, see section 13.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Continuous full‑time Reservists whose undertakings span 30 June 2016","content":"#### 13 Continuous full‑time Reservists whose undertakings span 30 June 2016\n\n For the purposes of paragraph 12(4)(a), if:\n (a) a person is an eligible member of the Defence Force (within the meaning of the Defence Force Retirement and Death Benefits Act 1973); and\n (b) the person becomes a continuous full‑time Reservist as a result of an undertaking that is accepted under subsection 26(2) of the Defence Act 1903 before 1 July 2016; and\n (c) the period of the undertaking is extended on or after that day;\n then, in relation to service on or after that day, the person is taken to have become a continuous full‑time Reservist on the day that period is extended.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Duration of membership of ADF Super","content":"#### 14 Duration of membership of ADF Super\n\n (1) A person ceases to be an ADF Super member at the following time:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Trust Deed:\n (i) the time the benefit is paid; or\n (ii) if the person dies before that benefit is paid—the time the person dies;\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Trust Deed:\n (i) the time the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the time the person dies;\n (c) in any other case—the time the person dies.\n (2) A person does not cease to be an ADF Super member merely because the person ceases to be eligible to become an ADF Super member.\n (3) This section does not prevent a person who ceases to be an ADF Super member from later becoming an ADF Super member.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"ADF Super is the sole eligible choice fund in relation to certain members","content":"#### 15 ADF Super is the sole eligible choice fund in relation to certain members\n\n ADF Super is, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to a person, the sole eligible choice fund for the Commonwealth if:\n (a) either:\n (i) the person is eligible to become an ADF Super member; or\n (ii) the person is an ADF Super member; and\n (b) the person is a member of the Permanent Forces or a continuous full‑time Reservist.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Contributions to ADF Super by the Department","content":"#### 16 Contributions to ADF Super by the Department\n\n (1) The Department must pay to CSC, for the benefit of each ADF Super member, any contributions that are payable by the Department.\n\n> Note: See also section 21 (amounts payable to CSC).\n\n (2) The payments must be in accordance with this Act, the Trust Deed and the Defence Act 1903.\n (3) This section does not prevent contributions from being made by employers of ADF Super members who are former long‑term ADF members, or by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Administration","content":"An Act relating to the Australian Defence Force Superannuation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Defence Force Superannuation Act 2015.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

10 September 2015

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline\n\nThis Act provides for a superannuation scheme, to be known as the Australian Defence Force Superannuation Scheme (ADF Super).\n\nGenerally, a person is eligible to become an ADF Super member if he or she is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016. After that day, DFRDB and MSBS are closed to persons who commence with the Defence Force.\n\nIn some cases, a person who is eligible to become an ADF Super member becomes a member if he or she chooses to become a member. In other cases, a person automatically becomes an ADF Super member.\n\nA person’s membership of ADF Super continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\nThe Department must pay contributions to ADF Super for the benefit of certain ADF Super members. Contributions may also be made by employers of ADF Super members who are former long‑term ADF members, and by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\nCSC is responsible for ADF Super.\n\n#### 4 Definitions\n\n In this Act:\n\n> account‑based pension has the same meaning as in the Superannuation Industry (Supervision) Regulations 1994.\n\n> ADF means the Australian Defence Force.\n\n> ADF Super: see Australian Defence Force Superannuation Scheme.\n\n> ADF Super Fund means the fund established, and vested in CSC, by the Trust Deed.\n\n> ADF Super member means a person who is an ADF Super member in accordance with section 12.\n\n> Australian Defence Force Superannuation Scheme or ADF Super means the superannuation scheme established by the Trust Deed.\n\n> continuous full‑time Reservist means a member of the Reserves who is rendering a period of continuous full‑time service.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> DFRDB (short for Defence Force Retirement and Death Benefits) means the scheme established by the Defence Force Retirement and Death Benefits Act 1973.\n\n> employer has the same meaning as in the SIS Act.\n\n> former long‑term ADF member: a person is a former long‑term ADF member if:\n\n (a) for a continuous period of at least 12 months, the person was any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (b) at a particular time (whether before, on or after the commencement of this definition), the person ceased to be any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (c) at that time, the person was an ADF Super member; and\n (d) at all times since that time, the person:\n (i) has continued to be an ADF Super member; and\n (ii) has not been either a member of the Permanent Forces or a continuous full‑time Reservist.\n\n> member spouse has the meaning given by section 9.\n\n> MSBS (short for Military Superannuation and Benefits Scheme) has the same meaning as Scheme has in the Military Superannuation and Benefits Act 1991.\n\n> non‑member spouse has the meaning given by section 9.\n\n> Permanent Forces has the same meaning as in the Defence Act 1903.\n\n> preserved employer benefit means a preserved amount that includes an amount of employer benefit (within the meaning of the Rules made for the administration of MSBS).\n\n> Reserves has the same meaning as in the Defence Act 1903.\n\n> rules means rules made under section 28.\n\n> splitting agreement has the meaning given by section 9.\n\n> splitting order has the meaning given by section 9.\n\n> superannuation interest has the meaning given by section 9.\n\n> this Act includes the rules (except in subsection 29(2)).\n\n> Trust Deed means:\n\n (a) the deed referred to in section 7; or\n (b) if the deed is amended—the deed as so amended.\n\n#### 5 Application of Act\n\n This Act applies both within and outside Australia.\n\n## Part 2—The Trust Deed\n\n#### 6 Simplified outline of this Part\n\nThe Australian Defence Force Superannuation Scheme (known as ADF Super) is established by a deed made under this Part. The deed also establishes the ADF Super Fund (into which contributions and other money are paid). The deed is a legislative instrument.\n\nThe deed sets out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund.\n\nGenerally, CSC must consent to any amendment of the deed.\n\n#### 7 Trust Deed to establish the Australian Defence Force Superannuation Scheme\n\n (1) Before 1 July 2016, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Australian Defence Force Superannuation Scheme; and\n (ii) may also be known as ADF Super; and\n (iii) is for the benefit of persons who will be members of ADF Super; and\n (b) establish, and vest in CSC, a fund for the purposes of ADF Super; and\n (c) set out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund; and\n (d) make rules for the administration of ADF Super.\n (2) The deed is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.\n\n#### 8 Amendment of the Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n Limitations on amending the Trust Deed\n (2) The Trust Deed must not be amended unless:\n (a) CSC has consented to the amendment; or\n (b) the amendment:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the ADF Super Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection does not apply in relation to an amendment of the Trust Deed for the purposes of subsection 19(1) (costs of administration of Act etc.) (see subsection 19(2)).\n\n (3) A provision of the Trust Deed that is amended under subsection (1) is invalid if the provision would have the effect that ADF Super:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act.\n Instrument making amendment is a legislative instrument\n (4) An instrument under subsection (1) is a legislative instrument.\n (5) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.\n\n#### 9 Family law interest splitting\n\n (1) Without limiting section 7 or 8, the Trust Deed:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Trust Deed; and\n (ii) the benefits of the member spouse are reduced in accordance with the Trust Deed; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this Act:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n## Part 3—Members of the Australian Defence Force Superannuation Scheme (ADF Super)\n\n#### 10 Simplified outline of this Part\n\nGenerally, a person is eligible to become an ADF Super member if the person is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016.\n\nSome persons must make an election in order to become an ADF Super member.\n\nOther persons automatically become members of ADF Super. These persons can later make an election in accordance with Part 3A of the Superannuation Guarantee (Administration) Act 1992 and choose another superannuation fund.\n\nA person who has never previously been a member of the Defence Force and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA person who is already a member of MSBS must elect to become an ADF Super member. Otherwise, he or she remains a member of MSBS. (A person may have become a member of MSBS by becoming a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016, or, for those who have a preserved employer benefit, after that day.)\n\nA former member of MSBS, who does not have a preserved employer benefit, and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA contributing member of DFRDB who became a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016 is not eligible to become an ADF Super member. However, if a member of DFRDB leaves the Defence Force and, on or after 1 July 2016, again becomes a member of the Permanent Forces or a continuous full‑time Reservist, he or she automatically becomes an ADF Super member.\n\n#### 11 Eligibility for membership of ADF Super\n\n (1) A person is eligible to become an ADF Super member if:\n (a) the person is:\n (i) a member of the Permanent Forces; or\n (ii) a continuous full‑time Reservist; or\n (b) the person is a former member of MSBS (within the meaning of the Rules made for the administration of MSBS) or a former contributing member of DFRDB (within the meaning of the Defence Force Retirement and Death Benefits Act 1973) to whom an account‑based pension may, if the person were an ADF Super member, be provided in accordance with the Trust Deed.\n (2) However, a person is not eligible to become an ADF Super member if the person is a contributing member (within the meaning of the Defence Force Retirement and Death Benefits Act 1973).\n (3) A person is not eligible to become an ADF Super member before 1 July 2016.\n\n#### 12 Becoming an ADF Super member\n\n (1) This section sets out the 2 situations in which a person can become an ADF Super member.\n Choice to become a member\n (2) A person who is eligible to become an ADF Super member may, in a manner approved by CSC in writing under this subsection, choose to become an ADF Super member.\n (3) The person becomes an ADF Super member when the choice is made.\n\n> Note: A person who is a member of MSBS, who chooses to become an ADF Super member, cannot later again become an MSBS member (see subsection 7(3) of the Military Superannuation and Benefits Act 1991).\n\n ADF Super is the person’s mandated fund\n (4) A person becomes an ADF Super member at a particular time if:\n (a) the person is eligible to be an ADF Super member because the person becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016; and\n (b) the person does not have a preserved employer benefit in MSBS; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992).\n\n> Note 1: See also section 15 (ADF Super is the sole eligible choice fund in relation to certain members).\n\n> Note 2: For a continuous full‑time Reservist whose undertaking spans 30 June 2016, see section 13.\n\n#### 13 Continuous full‑time Reservists whose undertakings span 30 June 2016\n\n For the purposes of paragraph 12(4)(a), if:\n (a) a person is an eligible member of the Defence Force (within the meaning of the Defence Force Retirement and Death Benefits Act 1973); and\n (b) the person becomes a continuous full‑time Reservist as a result of an undertaking that is accepted under subsection 26(2) of the Defence Act 1903 before 1 July 2016; and\n (c) the period of the undertaking is extended on or after that day;\n then, in relation to service on or after that day, the person is taken to have become a continuous full‑time Reservist on the day that period is extended.\n\n#### 14 Duration of membership of ADF Super\n\n (1) A person ceases to be an ADF Super member at the following time:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Trust Deed:\n (i) the time the benefit is paid; or\n (ii) if the person dies before that benefit is paid—the time the person dies;\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Trust Deed:\n (i) the time the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the time the person dies;\n (c) in any other case—the time the person dies.\n (2) A person does not cease to be an ADF Super member merely because the person ceases to be eligible to become an ADF Super member.\n (3) This section does not prevent a person who ceases to be an ADF Super member from later becoming an ADF Super member.\n\n#### 15 ADF Super is the sole eligible choice fund in relation to certain members\n\n ADF Super is, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to a person, the sole eligible choice fund for the Commonwealth if:\n (a) either:\n (i) the person is eligible to become an ADF Super member; or\n (ii) the person is an ADF Super member; and\n (b) the person is a member of the Permanent Forces or a continuous full‑time Reservist.\n\n#### 16 Contributions to ADF Super by the Department\n\n (1) The Department must pay to CSC, for the benefit of each ADF Super member, any contributions that are payable by the Department.\n\n> Note: See also section 21 (amounts payable to CSC).\n\n (2) The payments must be in accordance with this Act, the Trust Deed and the Defence Act 1903.\n (3) This section does not prevent contributions from being made by employers of ADF Super members who are former long‑term ADF members, or by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\n## Part 4—Administration\n\n### Division 1—Simplified outline of this Part\n\n#### 17 Simplified outline of this Part\n\nThe functions and powers of CSC are set out in this Part and the Trust Deed. This Part also deals with costs, fees and information.\n\n### Division 2—Functions and powers of CSC\n\n#### 18 Functions and powers of CSC\n\n (1) The functions and powers of CSC in relation to ADF Super and the ADF Super Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n### Division 3—Costs of administration\n\n#### 19 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the ADF Super Fund by CSC; and\n (b) the investment of money from the ADF Super Fund;\n are to be paid by CSC out of the ADF Super Fund in accordance with the Trust Deed.\n (2) Subsection 8(2) (limitations on amending the Trust Deed) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n\n#### 20 Payment of fees\n\n (1) The rules may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the rules or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The rules may make provision for and in relation to the refund of any fees paid under subsection (1).\n\n### Division 4—Other administrative matters\n\n#### 21 Amounts payable to CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Trust Deed may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Trust Deed; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n#### 22 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Trust Deed), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Trust Deed—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.\n\n#### 23 CSC may rely on information supplied by the Department\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been an ADF Super member, CSC may presume that any information provided to CSC by the Department is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).\n\n#### 24 CSC may require the Department to distribute information etc. to members of ADF Super\n\n (1A) This section applies in relation to an ADF Super member who is:\n (a) a member of the Permanent Forces; or\n (b) a continuous full‑time Reservist.\n (1) CSC may:\n (a) send to the Department any document or written information that CSC is required to send to an ADF Super member under this or any other Act; and\n (b) request the Department to give the document or information to the member.\n (2) The Department must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must take reasonable steps to ensure that the confidentiality of any document or information sent to the Department for transmission to the member is preserved.\n\n## Part 5—Miscellaneous\n\n#### 25 Simplified outline of this Part\n\nThis Parts deals with those who are subject to the Trust Deed, termination and variation of rights by later legislation, and rules made under this Act.\n\n#### 26 Persons subject to the Trust Deed\n\n The following persons are subject to the Trust Deed (to the extent that the Trust Deed is applicable):\n (a) a person who is, or has ceased to be, an ADF Super member;\n (b) a person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Trust Deed;\n (c) the Department;\n (ca) an employer of a former long‑term ADF member who, in accordance with the Trust Deed, makes contributions to the ADF Super Fund for the benefit of the former long‑term ADF member;\n (d) CSC.\n\n#### 27 Termination and variation of rights by later legislation\n\n A right granted under this Act or the Trust Deed is granted on the basis that:\n (a) the right may be cancelled, revoked, terminated or varied by or under later legislation; and\n (b) no compensation is payable if the right is so cancelled, revoked, terminated or varied.\n\n#### 28 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Preconditions for making rules\n (2) Rules may not be made unless:\n (a) CSC has consented to the making of the rules; or\n (b) the rules:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the rules, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the ADF Super Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n Limitation on rule‑making power\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) amend this Act.\n\n#### 29 Rules relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The rules may make any provision that is necessary for the purpose of enabling ADF Super to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to ADF Super:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If rules made for the purposes of subsection (1) are inconsistent with a provision of this Act or the Trust Deed, the rules prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":19},{"sectionNumber":"Division 1","sectionType":"division","heading":"Simplified outline of this Part","content":"An Act relating to the Australian Defence Force Superannuation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Defence Force Superannuation Act 2015.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

10 September 2015

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline\n\nThis Act provides for a superannuation scheme, to be known as the Australian Defence Force Superannuation Scheme (ADF Super).\n\nGenerally, a person is eligible to become an ADF Super member if he or she is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016. After that day, DFRDB and MSBS are closed to persons who commence with the Defence Force.\n\nIn some cases, a person who is eligible to become an ADF Super member becomes a member if he or she chooses to become a member. In other cases, a person automatically becomes an ADF Super member.\n\nA person’s membership of ADF Super continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\nThe Department must pay contributions to ADF Super for the benefit of certain ADF Super members. Contributions may also be made by employers of ADF Super members who are former long‑term ADF members, and by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\nCSC is responsible for ADF Super.\n\n#### 4 Definitions\n\n In this Act:\n\n> account‑based pension has the same meaning as in the Superannuation Industry (Supervision) Regulations 1994.\n\n> ADF means the Australian Defence Force.\n\n> ADF Super: see Australian Defence Force Superannuation Scheme.\n\n> ADF Super Fund means the fund established, and vested in CSC, by the Trust Deed.\n\n> ADF Super member means a person who is an ADF Super member in accordance with section 12.\n\n> Australian Defence Force Superannuation Scheme or ADF Super means the superannuation scheme established by the Trust Deed.\n\n> continuous full‑time Reservist means a member of the Reserves who is rendering a period of continuous full‑time service.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> DFRDB (short for Defence Force Retirement and Death Benefits) means the scheme established by the Defence Force Retirement and Death Benefits Act 1973.\n\n> employer has the same meaning as in the SIS Act.\n\n> former long‑term ADF member: a person is a former long‑term ADF member if:\n\n (a) for a continuous period of at least 12 months, the person was any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (b) at a particular time (whether before, on or after the commencement of this definition), the person ceased to be any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (c) at that time, the person was an ADF Super member; and\n (d) at all times since that time, the person:\n (i) has continued to be an ADF Super member; and\n (ii) has not been either a member of the Permanent Forces or a continuous full‑time Reservist.\n\n> member spouse has the meaning given by section 9.\n\n> MSBS (short for Military Superannuation and Benefits Scheme) has the same meaning as Scheme has in the Military Superannuation and Benefits Act 1991.\n\n> non‑member spouse has the meaning given by section 9.\n\n> Permanent Forces has the same meaning as in the Defence Act 1903.\n\n> preserved employer benefit means a preserved amount that includes an amount of employer benefit (within the meaning of the Rules made for the administration of MSBS).\n\n> Reserves has the same meaning as in the Defence Act 1903.\n\n> rules means rules made under section 28.\n\n> splitting agreement has the meaning given by section 9.\n\n> splitting order has the meaning given by section 9.\n\n> superannuation interest has the meaning given by section 9.\n\n> this Act includes the rules (except in subsection 29(2)).\n\n> Trust Deed means:\n\n (a) the deed referred to in section 7; or\n (b) if the deed is amended—the deed as so amended.\n\n#### 5 Application of Act\n\n This Act applies both within and outside Australia.\n\n## Part 2—The Trust Deed\n\n#### 6 Simplified outline of this Part\n\nThe Australian Defence Force Superannuation Scheme (known as ADF Super) is established by a deed made under this Part. The deed also establishes the ADF Super Fund (into which contributions and other money are paid). The deed is a legislative instrument.\n\nThe deed sets out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund.\n\nGenerally, CSC must consent to any amendment of the deed.\n\n#### 7 Trust Deed to establish the Australian Defence Force Superannuation Scheme\n\n (1) Before 1 July 2016, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Australian Defence Force Superannuation Scheme; and\n (ii) may also be known as ADF Super; and\n (iii) is for the benefit of persons who will be members of ADF Super; and\n (b) establish, and vest in CSC, a fund for the purposes of ADF Super; and\n (c) set out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund; and\n (d) make rules for the administration of ADF Super.\n (2) The deed is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.\n\n#### 8 Amendment of the Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n Limitations on amending the Trust Deed\n (2) The Trust Deed must not be amended unless:\n (a) CSC has consented to the amendment; or\n (b) the amendment:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the ADF Super Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection does not apply in relation to an amendment of the Trust Deed for the purposes of subsection 19(1) (costs of administration of Act etc.) (see subsection 19(2)).\n\n (3) A provision of the Trust Deed that is amended under subsection (1) is invalid if the provision would have the effect that ADF Super:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act.\n Instrument making amendment is a legislative instrument\n (4) An instrument under subsection (1) is a legislative instrument.\n (5) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.\n\n#### 9 Family law interest splitting\n\n (1) Without limiting section 7 or 8, the Trust Deed:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Trust Deed; and\n (ii) the benefits of the member spouse are reduced in accordance with the Trust Deed; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this Act:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n## Part 3—Members of the Australian Defence Force Superannuation Scheme (ADF Super)\n\n#### 10 Simplified outline of this Part\n\nGenerally, a person is eligible to become an ADF Super member if the person is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016.\n\nSome persons must make an election in order to become an ADF Super member.\n\nOther persons automatically become members of ADF Super. These persons can later make an election in accordance with Part 3A of the Superannuation Guarantee (Administration) Act 1992 and choose another superannuation fund.\n\nA person who has never previously been a member of the Defence Force and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA person who is already a member of MSBS must elect to become an ADF Super member. Otherwise, he or she remains a member of MSBS. (A person may have become a member of MSBS by becoming a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016, or, for those who have a preserved employer benefit, after that day.)\n\nA former member of MSBS, who does not have a preserved employer benefit, and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA contributing member of DFRDB who became a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016 is not eligible to become an ADF Super member. However, if a member of DFRDB leaves the Defence Force and, on or after 1 July 2016, again becomes a member of the Permanent Forces or a continuous full‑time Reservist, he or she automatically becomes an ADF Super member.\n\n#### 11 Eligibility for membership of ADF Super\n\n (1) A person is eligible to become an ADF Super member if:\n (a) the person is:\n (i) a member of the Permanent Forces; or\n (ii) a continuous full‑time Reservist; or\n (b) the person is a former member of MSBS (within the meaning of the Rules made for the administration of MSBS) or a former contributing member of DFRDB (within the meaning of the Defence Force Retirement and Death Benefits Act 1973) to whom an account‑based pension may, if the person were an ADF Super member, be provided in accordance with the Trust Deed.\n (2) However, a person is not eligible to become an ADF Super member if the person is a contributing member (within the meaning of the Defence Force Retirement and Death Benefits Act 1973).\n (3) A person is not eligible to become an ADF Super member before 1 July 2016.\n\n#### 12 Becoming an ADF Super member\n\n (1) This section sets out the 2 situations in which a person can become an ADF Super member.\n Choice to become a member\n (2) A person who is eligible to become an ADF Super member may, in a manner approved by CSC in writing under this subsection, choose to become an ADF Super member.\n (3) The person becomes an ADF Super member when the choice is made.\n\n> Note: A person who is a member of MSBS, who chooses to become an ADF Super member, cannot later again become an MSBS member (see subsection 7(3) of the Military Superannuation and Benefits Act 1991).\n\n ADF Super is the person’s mandated fund\n (4) A person becomes an ADF Super member at a particular time if:\n (a) the person is eligible to be an ADF Super member because the person becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016; and\n (b) the person does not have a preserved employer benefit in MSBS; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992).\n\n> Note 1: See also section 15 (ADF Super is the sole eligible choice fund in relation to certain members).\n\n> Note 2: For a continuous full‑time Reservist whose undertaking spans 30 June 2016, see section 13.\n\n#### 13 Continuous full‑time Reservists whose undertakings span 30 June 2016\n\n For the purposes of paragraph 12(4)(a), if:\n (a) a person is an eligible member of the Defence Force (within the meaning of the Defence Force Retirement and Death Benefits Act 1973); and\n (b) the person becomes a continuous full‑time Reservist as a result of an undertaking that is accepted under subsection 26(2) of the Defence Act 1903 before 1 July 2016; and\n (c) the period of the undertaking is extended on or after that day;\n then, in relation to service on or after that day, the person is taken to have become a continuous full‑time Reservist on the day that period is extended.\n\n#### 14 Duration of membership of ADF Super\n\n (1) A person ceases to be an ADF Super member at the following time:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Trust Deed:\n (i) the time the benefit is paid; or\n (ii) if the person dies before that benefit is paid—the time the person dies;\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Trust Deed:\n (i) the time the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the time the person dies;\n (c) in any other case—the time the person dies.\n (2) A person does not cease to be an ADF Super member merely because the person ceases to be eligible to become an ADF Super member.\n (3) This section does not prevent a person who ceases to be an ADF Super member from later becoming an ADF Super member.\n\n#### 15 ADF Super is the sole eligible choice fund in relation to certain members\n\n ADF Super is, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to a person, the sole eligible choice fund for the Commonwealth if:\n (a) either:\n (i) the person is eligible to become an ADF Super member; or\n (ii) the person is an ADF Super member; and\n (b) the person is a member of the Permanent Forces or a continuous full‑time Reservist.\n\n#### 16 Contributions to ADF Super by the Department\n\n (1) The Department must pay to CSC, for the benefit of each ADF Super member, any contributions that are payable by the Department.\n\n> Note: See also section 21 (amounts payable to CSC).\n\n (2) The payments must be in accordance with this Act, the Trust Deed and the Defence Act 1903.\n (3) This section does not prevent contributions from being made by employers of ADF Super members who are former long‑term ADF members, or by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\n## Part 4—Administration\n\n### Division 1—Simplified outline of this Part\n\n#### 17 Simplified outline of this Part\n\nThe functions and powers of CSC are set out in this Part and the Trust Deed. This Part also deals with costs, fees and information.\n\n### Division 2—Functions and powers of CSC\n\n#### 18 Functions and powers of CSC\n\n (1) The functions and powers of CSC in relation to ADF Super and the ADF Super Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n### Division 3—Costs of administration\n\n#### 19 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the ADF Super Fund by CSC; and\n (b) the investment of money from the ADF Super Fund;\n are to be paid by CSC out of the ADF Super Fund in accordance with the Trust Deed.\n (2) Subsection 8(2) (limitations on amending the Trust Deed) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n\n#### 20 Payment of fees\n\n (1) The rules may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the rules or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The rules may make provision for and in relation to the refund of any fees paid under subsection (1).\n\n### Division 4—Other administrative matters\n\n#### 21 Amounts payable to CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Trust Deed may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Trust Deed; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n#### 22 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Trust Deed), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Trust Deed—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.\n\n#### 23 CSC may rely on information supplied by the Department\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been an ADF Super member, CSC may presume that any information provided to CSC by the Department is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).\n\n#### 24 CSC may require the Department to distribute information etc. to members of ADF Super\n\n (1A) This section applies in relation to an ADF Super member who is:\n (a) a member of the Permanent Forces; or\n (b) a continuous full‑time Reservist.\n (1) CSC may:\n (a) send to the Department any document or written information that CSC is required to send to an ADF Super member under this or any other Act; and\n (b) request the Department to give the document or information to the member.\n (2) The Department must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must take reasonable steps to ensure that the confidentiality of any document or information sent to the Department for transmission to the member is preserved.\n\n## Part 5—Miscellaneous\n\n#### 25 Simplified outline of this Part\n\nThis Parts deals with those who are subject to the Trust Deed, termination and variation of rights by later legislation, and rules made under this Act.\n\n#### 26 Persons subject to the Trust Deed\n\n The following persons are subject to the Trust Deed (to the extent that the Trust Deed is applicable):\n (a) a person who is, or has ceased to be, an ADF Super member;\n (b) a person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Trust Deed;\n (c) the Department;\n (ca) an employer of a former long‑term ADF member who, in accordance with the Trust Deed, makes contributions to the ADF Super Fund for the benefit of the former long‑term ADF member;\n (d) CSC.\n\n#### 27 Termination and variation of rights by later legislation\n\n A right granted under this Act or the Trust Deed is granted on the basis that:\n (a) the right may be cancelled, revoked, terminated or varied by or under later legislation; and\n (b) no compensation is payable if the right is so cancelled, revoked, terminated or varied.\n\n#### 28 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Preconditions for making rules\n (2) Rules may not be made unless:\n (a) CSC has consented to the making of the rules; or\n (b) the rules:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the rules, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the ADF Super Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n Limitation on rule‑making power\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) amend this Act.\n\n#### 29 Rules relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The rules may make any provision that is necessary for the purpose of enabling ADF Super to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to ADF Super:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If rules made for the purposes of subsection (1) are inconsistent with a provision of this Act or the Trust Deed, the rules prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 17 Simplified outline of this Part\n\nThe functions and powers of CSC are set out in this Part and the Trust Deed. This Part also deals with costs, fees and information.","sortOrder":21},{"sectionNumber":"Division 2","sectionType":"division","heading":"Functions and powers of CSC","content":"An Act relating to the Australian Defence Force Superannuation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Defence Force Superannuation Act 2015.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

10 September 2015

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline\n\nThis Act provides for a superannuation scheme, to be known as the Australian Defence Force Superannuation Scheme (ADF Super).\n\nGenerally, a person is eligible to become an ADF Super member if he or she is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016. After that day, DFRDB and MSBS are closed to persons who commence with the Defence Force.\n\nIn some cases, a person who is eligible to become an ADF Super member becomes a member if he or she chooses to become a member. In other cases, a person automatically becomes an ADF Super member.\n\nA person’s membership of ADF Super continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\nThe Department must pay contributions to ADF Super for the benefit of certain ADF Super members. Contributions may also be made by employers of ADF Super members who are former long‑term ADF members, and by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\nCSC is responsible for ADF Super.\n\n#### 4 Definitions\n\n In this Act:\n\n> account‑based pension has the same meaning as in the Superannuation Industry (Supervision) Regulations 1994.\n\n> ADF means the Australian Defence Force.\n\n> ADF Super: see Australian Defence Force Superannuation Scheme.\n\n> ADF Super Fund means the fund established, and vested in CSC, by the Trust Deed.\n\n> ADF Super member means a person who is an ADF Super member in accordance with section 12.\n\n> Australian Defence Force Superannuation Scheme or ADF Super means the superannuation scheme established by the Trust Deed.\n\n> continuous full‑time Reservist means a member of the Reserves who is rendering a period of continuous full‑time service.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> DFRDB (short for Defence Force Retirement and Death Benefits) means the scheme established by the Defence Force Retirement and Death Benefits Act 1973.\n\n> employer has the same meaning as in the SIS Act.\n\n> former long‑term ADF member: a person is a former long‑term ADF member if:\n\n (a) for a continuous period of at least 12 months, the person was any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (b) at a particular time (whether before, on or after the commencement of this definition), the person ceased to be any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (c) at that time, the person was an ADF Super member; and\n (d) at all times since that time, the person:\n (i) has continued to be an ADF Super member; and\n (ii) has not been either a member of the Permanent Forces or a continuous full‑time Reservist.\n\n> member spouse has the meaning given by section 9.\n\n> MSBS (short for Military Superannuation and Benefits Scheme) has the same meaning as Scheme has in the Military Superannuation and Benefits Act 1991.\n\n> non‑member spouse has the meaning given by section 9.\n\n> Permanent Forces has the same meaning as in the Defence Act 1903.\n\n> preserved employer benefit means a preserved amount that includes an amount of employer benefit (within the meaning of the Rules made for the administration of MSBS).\n\n> Reserves has the same meaning as in the Defence Act 1903.\n\n> rules means rules made under section 28.\n\n> splitting agreement has the meaning given by section 9.\n\n> splitting order has the meaning given by section 9.\n\n> superannuation interest has the meaning given by section 9.\n\n> this Act includes the rules (except in subsection 29(2)).\n\n> Trust Deed means:\n\n (a) the deed referred to in section 7; or\n (b) if the deed is amended—the deed as so amended.\n\n#### 5 Application of Act\n\n This Act applies both within and outside Australia.\n\n## Part 2—The Trust Deed\n\n#### 6 Simplified outline of this Part\n\nThe Australian Defence Force Superannuation Scheme (known as ADF Super) is established by a deed made under this Part. The deed also establishes the ADF Super Fund (into which contributions and other money are paid). The deed is a legislative instrument.\n\nThe deed sets out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund.\n\nGenerally, CSC must consent to any amendment of the deed.\n\n#### 7 Trust Deed to establish the Australian Defence Force Superannuation Scheme\n\n (1) Before 1 July 2016, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Australian Defence Force Superannuation Scheme; and\n (ii) may also be known as ADF Super; and\n (iii) is for the benefit of persons who will be members of ADF Super; and\n (b) establish, and vest in CSC, a fund for the purposes of ADF Super; and\n (c) set out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund; and\n (d) make rules for the administration of ADF Super.\n (2) The deed is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.\n\n#### 8 Amendment of the Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n Limitations on amending the Trust Deed\n (2) The Trust Deed must not be amended unless:\n (a) CSC has consented to the amendment; or\n (b) the amendment:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the ADF Super Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection does not apply in relation to an amendment of the Trust Deed for the purposes of subsection 19(1) (costs of administration of Act etc.) (see subsection 19(2)).\n\n (3) A provision of the Trust Deed that is amended under subsection (1) is invalid if the provision would have the effect that ADF Super:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act.\n Instrument making amendment is a legislative instrument\n (4) An instrument under subsection (1) is a legislative instrument.\n (5) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.\n\n#### 9 Family law interest splitting\n\n (1) Without limiting section 7 or 8, the Trust Deed:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Trust Deed; and\n (ii) the benefits of the member spouse are reduced in accordance with the Trust Deed; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this Act:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n## Part 3—Members of the Australian Defence Force Superannuation Scheme (ADF Super)\n\n#### 10 Simplified outline of this Part\n\nGenerally, a person is eligible to become an ADF Super member if the person is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016.\n\nSome persons must make an election in order to become an ADF Super member.\n\nOther persons automatically become members of ADF Super. These persons can later make an election in accordance with Part 3A of the Superannuation Guarantee (Administration) Act 1992 and choose another superannuation fund.\n\nA person who has never previously been a member of the Defence Force and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA person who is already a member of MSBS must elect to become an ADF Super member. Otherwise, he or she remains a member of MSBS. (A person may have become a member of MSBS by becoming a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016, or, for those who have a preserved employer benefit, after that day.)\n\nA former member of MSBS, who does not have a preserved employer benefit, and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA contributing member of DFRDB who became a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016 is not eligible to become an ADF Super member. However, if a member of DFRDB leaves the Defence Force and, on or after 1 July 2016, again becomes a member of the Permanent Forces or a continuous full‑time Reservist, he or she automatically becomes an ADF Super member.\n\n#### 11 Eligibility for membership of ADF Super\n\n (1) A person is eligible to become an ADF Super member if:\n (a) the person is:\n (i) a member of the Permanent Forces; or\n (ii) a continuous full‑time Reservist; or\n (b) the person is a former member of MSBS (within the meaning of the Rules made for the administration of MSBS) or a former contributing member of DFRDB (within the meaning of the Defence Force Retirement and Death Benefits Act 1973) to whom an account‑based pension may, if the person were an ADF Super member, be provided in accordance with the Trust Deed.\n (2) However, a person is not eligible to become an ADF Super member if the person is a contributing member (within the meaning of the Defence Force Retirement and Death Benefits Act 1973).\n (3) A person is not eligible to become an ADF Super member before 1 July 2016.\n\n#### 12 Becoming an ADF Super member\n\n (1) This section sets out the 2 situations in which a person can become an ADF Super member.\n Choice to become a member\n (2) A person who is eligible to become an ADF Super member may, in a manner approved by CSC in writing under this subsection, choose to become an ADF Super member.\n (3) The person becomes an ADF Super member when the choice is made.\n\n> Note: A person who is a member of MSBS, who chooses to become an ADF Super member, cannot later again become an MSBS member (see subsection 7(3) of the Military Superannuation and Benefits Act 1991).\n\n ADF Super is the person’s mandated fund\n (4) A person becomes an ADF Super member at a particular time if:\n (a) the person is eligible to be an ADF Super member because the person becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016; and\n (b) the person does not have a preserved employer benefit in MSBS; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992).\n\n> Note 1: See also section 15 (ADF Super is the sole eligible choice fund in relation to certain members).\n\n> Note 2: For a continuous full‑time Reservist whose undertaking spans 30 June 2016, see section 13.\n\n#### 13 Continuous full‑time Reservists whose undertakings span 30 June 2016\n\n For the purposes of paragraph 12(4)(a), if:\n (a) a person is an eligible member of the Defence Force (within the meaning of the Defence Force Retirement and Death Benefits Act 1973); and\n (b) the person becomes a continuous full‑time Reservist as a result of an undertaking that is accepted under subsection 26(2) of the Defence Act 1903 before 1 July 2016; and\n (c) the period of the undertaking is extended on or after that day;\n then, in relation to service on or after that day, the person is taken to have become a continuous full‑time Reservist on the day that period is extended.\n\n#### 14 Duration of membership of ADF Super\n\n (1) A person ceases to be an ADF Super member at the following time:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Trust Deed:\n (i) the time the benefit is paid; or\n (ii) if the person dies before that benefit is paid—the time the person dies;\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Trust Deed:\n (i) the time the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the time the person dies;\n (c) in any other case—the time the person dies.\n (2) A person does not cease to be an ADF Super member merely because the person ceases to be eligible to become an ADF Super member.\n (3) This section does not prevent a person who ceases to be an ADF Super member from later becoming an ADF Super member.\n\n#### 15 ADF Super is the sole eligible choice fund in relation to certain members\n\n ADF Super is, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to a person, the sole eligible choice fund for the Commonwealth if:\n (a) either:\n (i) the person is eligible to become an ADF Super member; or\n (ii) the person is an ADF Super member; and\n (b) the person is a member of the Permanent Forces or a continuous full‑time Reservist.\n\n#### 16 Contributions to ADF Super by the Department\n\n (1) The Department must pay to CSC, for the benefit of each ADF Super member, any contributions that are payable by the Department.\n\n> Note: See also section 21 (amounts payable to CSC).\n\n (2) The payments must be in accordance with this Act, the Trust Deed and the Defence Act 1903.\n (3) This section does not prevent contributions from being made by employers of ADF Super members who are former long‑term ADF members, or by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\n## Part 4—Administration\n\n### Division 1—Simplified outline of this Part\n\n#### 17 Simplified outline of this Part\n\nThe functions and powers of CSC are set out in this Part and the Trust Deed. This Part also deals with costs, fees and information.\n\n### Division 2—Functions and powers of CSC\n\n#### 18 Functions and powers of CSC\n\n (1) The functions and powers of CSC in relation to ADF Super and the ADF Super Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n### Division 3—Costs of administration\n\n#### 19 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the ADF Super Fund by CSC; and\n (b) the investment of money from the ADF Super Fund;\n are to be paid by CSC out of the ADF Super Fund in accordance with the Trust Deed.\n (2) Subsection 8(2) (limitations on amending the Trust Deed) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n\n#### 20 Payment of fees\n\n (1) The rules may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the rules or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The rules may make provision for and in relation to the refund of any fees paid under subsection (1).\n\n### Division 4—Other administrative matters\n\n#### 21 Amounts payable to CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Trust Deed may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Trust Deed; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n#### 22 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Trust Deed), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Trust Deed—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.\n\n#### 23 CSC may rely on information supplied by the Department\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been an ADF Super member, CSC may presume that any information provided to CSC by the Department is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).\n\n#### 24 CSC may require the Department to distribute information etc. to members of ADF Super\n\n (1A) This section applies in relation to an ADF Super member who is:\n (a) a member of the Permanent Forces; or\n (b) a continuous full‑time Reservist.\n (1) CSC may:\n (a) send to the Department any document or written information that CSC is required to send to an ADF Super member under this or any other Act; and\n (b) request the Department to give the document or information to the member.\n (2) The Department must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must take reasonable steps to ensure that the confidentiality of any document or information sent to the Department for transmission to the member is preserved.\n\n## Part 5—Miscellaneous\n\n#### 25 Simplified outline of this Part\n\nThis Parts deals with those who are subject to the Trust Deed, termination and variation of rights by later legislation, and rules made under this Act.\n\n#### 26 Persons subject to the Trust Deed\n\n The following persons are subject to the Trust Deed (to the extent that the Trust Deed is applicable):\n (a) a person who is, or has ceased to be, an ADF Super member;\n (b) a person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Trust Deed;\n (c) the Department;\n (ca) an employer of a former long‑term ADF member who, in accordance with the Trust Deed, makes contributions to the ADF Super Fund for the benefit of the former long‑term ADF member;\n (d) CSC.\n\n#### 27 Termination and variation of rights by later legislation\n\n A right granted under this Act or the Trust Deed is granted on the basis that:\n (a) the right may be cancelled, revoked, terminated or varied by or under later legislation; and\n (b) no compensation is payable if the right is so cancelled, revoked, terminated or varied.\n\n#### 28 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Preconditions for making rules\n (2) Rules may not be made unless:\n (a) CSC has consented to the making of the rules; or\n (b) the rules:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the rules, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the ADF Super Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n Limitation on rule‑making power\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) amend this Act.\n\n#### 29 Rules relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The rules may make any provision that is necessary for the purpose of enabling ADF Super to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to ADF Super:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If rules made for the purposes of subsection (1) are inconsistent with a provision of this Act or the Trust Deed, the rules prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Functions and powers of CSC","content":"#### 18 Functions and powers of CSC\n\n (1) The functions and powers of CSC in relation to ADF Super and the ADF Super Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.","sortOrder":23},{"sectionNumber":"Division 3","sectionType":"division","heading":"Costs of administration","content":"An Act relating to the Australian Defence Force Superannuation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Defence Force Superannuation Act 2015.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

10 September 2015

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline\n\nThis Act provides for a superannuation scheme, to be known as the Australian Defence Force Superannuation Scheme (ADF Super).\n\nGenerally, a person is eligible to become an ADF Super member if he or she is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016. After that day, DFRDB and MSBS are closed to persons who commence with the Defence Force.\n\nIn some cases, a person who is eligible to become an ADF Super member becomes a member if he or she chooses to become a member. In other cases, a person automatically becomes an ADF Super member.\n\nA person’s membership of ADF Super continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\nThe Department must pay contributions to ADF Super for the benefit of certain ADF Super members. Contributions may also be made by employers of ADF Super members who are former long‑term ADF members, and by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\nCSC is responsible for ADF Super.\n\n#### 4 Definitions\n\n In this Act:\n\n> account‑based pension has the same meaning as in the Superannuation Industry (Supervision) Regulations 1994.\n\n> ADF means the Australian Defence Force.\n\n> ADF Super: see Australian Defence Force Superannuation Scheme.\n\n> ADF Super Fund means the fund established, and vested in CSC, by the Trust Deed.\n\n> ADF Super member means a person who is an ADF Super member in accordance with section 12.\n\n> Australian Defence Force Superannuation Scheme or ADF Super means the superannuation scheme established by the Trust Deed.\n\n> continuous full‑time Reservist means a member of the Reserves who is rendering a period of continuous full‑time service.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> DFRDB (short for Defence Force Retirement and Death Benefits) means the scheme established by the Defence Force Retirement and Death Benefits Act 1973.\n\n> employer has the same meaning as in the SIS Act.\n\n> former long‑term ADF member: a person is a former long‑term ADF member if:\n\n (a) for a continuous period of at least 12 months, the person was any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (b) at a particular time (whether before, on or after the commencement of this definition), the person ceased to be any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (c) at that time, the person was an ADF Super member; and\n (d) at all times since that time, the person:\n (i) has continued to be an ADF Super member; and\n (ii) has not been either a member of the Permanent Forces or a continuous full‑time Reservist.\n\n> member spouse has the meaning given by section 9.\n\n> MSBS (short for Military Superannuation and Benefits Scheme) has the same meaning as Scheme has in the Military Superannuation and Benefits Act 1991.\n\n> non‑member spouse has the meaning given by section 9.\n\n> Permanent Forces has the same meaning as in the Defence Act 1903.\n\n> preserved employer benefit means a preserved amount that includes an amount of employer benefit (within the meaning of the Rules made for the administration of MSBS).\n\n> Reserves has the same meaning as in the Defence Act 1903.\n\n> rules means rules made under section 28.\n\n> splitting agreement has the meaning given by section 9.\n\n> splitting order has the meaning given by section 9.\n\n> superannuation interest has the meaning given by section 9.\n\n> this Act includes the rules (except in subsection 29(2)).\n\n> Trust Deed means:\n\n (a) the deed referred to in section 7; or\n (b) if the deed is amended—the deed as so amended.\n\n#### 5 Application of Act\n\n This Act applies both within and outside Australia.\n\n## Part 2—The Trust Deed\n\n#### 6 Simplified outline of this Part\n\nThe Australian Defence Force Superannuation Scheme (known as ADF Super) is established by a deed made under this Part. The deed also establishes the ADF Super Fund (into which contributions and other money are paid). The deed is a legislative instrument.\n\nThe deed sets out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund.\n\nGenerally, CSC must consent to any amendment of the deed.\n\n#### 7 Trust Deed to establish the Australian Defence Force Superannuation Scheme\n\n (1) Before 1 July 2016, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Australian Defence Force Superannuation Scheme; and\n (ii) may also be known as ADF Super; and\n (iii) is for the benefit of persons who will be members of ADF Super; and\n (b) establish, and vest in CSC, a fund for the purposes of ADF Super; and\n (c) set out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund; and\n (d) make rules for the administration of ADF Super.\n (2) The deed is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.\n\n#### 8 Amendment of the Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n Limitations on amending the Trust Deed\n (2) The Trust Deed must not be amended unless:\n (a) CSC has consented to the amendment; or\n (b) the amendment:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the ADF Super Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection does not apply in relation to an amendment of the Trust Deed for the purposes of subsection 19(1) (costs of administration of Act etc.) (see subsection 19(2)).\n\n (3) A provision of the Trust Deed that is amended under subsection (1) is invalid if the provision would have the effect that ADF Super:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act.\n Instrument making amendment is a legislative instrument\n (4) An instrument under subsection (1) is a legislative instrument.\n (5) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.\n\n#### 9 Family law interest splitting\n\n (1) Without limiting section 7 or 8, the Trust Deed:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Trust Deed; and\n (ii) the benefits of the member spouse are reduced in accordance with the Trust Deed; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this Act:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n## Part 3—Members of the Australian Defence Force Superannuation Scheme (ADF Super)\n\n#### 10 Simplified outline of this Part\n\nGenerally, a person is eligible to become an ADF Super member if the person is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016.\n\nSome persons must make an election in order to become an ADF Super member.\n\nOther persons automatically become members of ADF Super. These persons can later make an election in accordance with Part 3A of the Superannuation Guarantee (Administration) Act 1992 and choose another superannuation fund.\n\nA person who has never previously been a member of the Defence Force and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA person who is already a member of MSBS must elect to become an ADF Super member. Otherwise, he or she remains a member of MSBS. (A person may have become a member of MSBS by becoming a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016, or, for those who have a preserved employer benefit, after that day.)\n\nA former member of MSBS, who does not have a preserved employer benefit, and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA contributing member of DFRDB who became a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016 is not eligible to become an ADF Super member. However, if a member of DFRDB leaves the Defence Force and, on or after 1 July 2016, again becomes a member of the Permanent Forces or a continuous full‑time Reservist, he or she automatically becomes an ADF Super member.\n\n#### 11 Eligibility for membership of ADF Super\n\n (1) A person is eligible to become an ADF Super member if:\n (a) the person is:\n (i) a member of the Permanent Forces; or\n (ii) a continuous full‑time Reservist; or\n (b) the person is a former member of MSBS (within the meaning of the Rules made for the administration of MSBS) or a former contributing member of DFRDB (within the meaning of the Defence Force Retirement and Death Benefits Act 1973) to whom an account‑based pension may, if the person were an ADF Super member, be provided in accordance with the Trust Deed.\n (2) However, a person is not eligible to become an ADF Super member if the person is a contributing member (within the meaning of the Defence Force Retirement and Death Benefits Act 1973).\n (3) A person is not eligible to become an ADF Super member before 1 July 2016.\n\n#### 12 Becoming an ADF Super member\n\n (1) This section sets out the 2 situations in which a person can become an ADF Super member.\n Choice to become a member\n (2) A person who is eligible to become an ADF Super member may, in a manner approved by CSC in writing under this subsection, choose to become an ADF Super member.\n (3) The person becomes an ADF Super member when the choice is made.\n\n> Note: A person who is a member of MSBS, who chooses to become an ADF Super member, cannot later again become an MSBS member (see subsection 7(3) of the Military Superannuation and Benefits Act 1991).\n\n ADF Super is the person’s mandated fund\n (4) A person becomes an ADF Super member at a particular time if:\n (a) the person is eligible to be an ADF Super member because the person becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016; and\n (b) the person does not have a preserved employer benefit in MSBS; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992).\n\n> Note 1: See also section 15 (ADF Super is the sole eligible choice fund in relation to certain members).\n\n> Note 2: For a continuous full‑time Reservist whose undertaking spans 30 June 2016, see section 13.\n\n#### 13 Continuous full‑time Reservists whose undertakings span 30 June 2016\n\n For the purposes of paragraph 12(4)(a), if:\n (a) a person is an eligible member of the Defence Force (within the meaning of the Defence Force Retirement and Death Benefits Act 1973); and\n (b) the person becomes a continuous full‑time Reservist as a result of an undertaking that is accepted under subsection 26(2) of the Defence Act 1903 before 1 July 2016; and\n (c) the period of the undertaking is extended on or after that day;\n then, in relation to service on or after that day, the person is taken to have become a continuous full‑time Reservist on the day that period is extended.\n\n#### 14 Duration of membership of ADF Super\n\n (1) A person ceases to be an ADF Super member at the following time:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Trust Deed:\n (i) the time the benefit is paid; or\n (ii) if the person dies before that benefit is paid—the time the person dies;\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Trust Deed:\n (i) the time the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the time the person dies;\n (c) in any other case—the time the person dies.\n (2) A person does not cease to be an ADF Super member merely because the person ceases to be eligible to become an ADF Super member.\n (3) This section does not prevent a person who ceases to be an ADF Super member from later becoming an ADF Super member.\n\n#### 15 ADF Super is the sole eligible choice fund in relation to certain members\n\n ADF Super is, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to a person, the sole eligible choice fund for the Commonwealth if:\n (a) either:\n (i) the person is eligible to become an ADF Super member; or\n (ii) the person is an ADF Super member; and\n (b) the person is a member of the Permanent Forces or a continuous full‑time Reservist.\n\n#### 16 Contributions to ADF Super by the Department\n\n (1) The Department must pay to CSC, for the benefit of each ADF Super member, any contributions that are payable by the Department.\n\n> Note: See also section 21 (amounts payable to CSC).\n\n (2) The payments must be in accordance with this Act, the Trust Deed and the Defence Act 1903.\n (3) This section does not prevent contributions from being made by employers of ADF Super members who are former long‑term ADF members, or by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\n## Part 4—Administration\n\n### Division 1—Simplified outline of this Part\n\n#### 17 Simplified outline of this Part\n\nThe functions and powers of CSC are set out in this Part and the Trust Deed. This Part also deals with costs, fees and information.\n\n### Division 2—Functions and powers of CSC\n\n#### 18 Functions and powers of CSC\n\n (1) The functions and powers of CSC in relation to ADF Super and the ADF Super Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n### Division 3—Costs of administration\n\n#### 19 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the ADF Super Fund by CSC; and\n (b) the investment of money from the ADF Super Fund;\n are to be paid by CSC out of the ADF Super Fund in accordance with the Trust Deed.\n (2) Subsection 8(2) (limitations on amending the Trust Deed) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n\n#### 20 Payment of fees\n\n (1) The rules may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the rules or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The rules may make provision for and in relation to the refund of any fees paid under subsection (1).\n\n### Division 4—Other administrative matters\n\n#### 21 Amounts payable to CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Trust Deed may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Trust Deed; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n#### 22 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Trust Deed), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Trust Deed—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.\n\n#### 23 CSC may rely on information supplied by the Department\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been an ADF Super member, CSC may presume that any information provided to CSC by the Department is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).\n\n#### 24 CSC may require the Department to distribute information etc. to members of ADF Super\n\n (1A) This section applies in relation to an ADF Super member who is:\n (a) a member of the Permanent Forces; or\n (b) a continuous full‑time Reservist.\n (1) CSC may:\n (a) send to the Department any document or written information that CSC is required to send to an ADF Super member under this or any other Act; and\n (b) request the Department to give the document or information to the member.\n (2) The Department must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must take reasonable steps to ensure that the confidentiality of any document or information sent to the Department for transmission to the member is preserved.\n\n## Part 5—Miscellaneous\n\n#### 25 Simplified outline of this Part\n\nThis Parts deals with those who are subject to the Trust Deed, termination and variation of rights by later legislation, and rules made under this Act.\n\n#### 26 Persons subject to the Trust Deed\n\n The following persons are subject to the Trust Deed (to the extent that the Trust Deed is applicable):\n (a) a person who is, or has ceased to be, an ADF Super member;\n (b) a person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Trust Deed;\n (c) the Department;\n (ca) an employer of a former long‑term ADF member who, in accordance with the Trust Deed, makes contributions to the ADF Super Fund for the benefit of the former long‑term ADF member;\n (d) CSC.\n\n#### 27 Termination and variation of rights by later legislation\n\n A right granted under this Act or the Trust Deed is granted on the basis that:\n (a) the right may be cancelled, revoked, terminated or varied by or under later legislation; and\n (b) no compensation is payable if the right is so cancelled, revoked, terminated or varied.\n\n#### 28 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Preconditions for making rules\n (2) Rules may not be made unless:\n (a) CSC has consented to the making of the rules; or\n (b) the rules:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the rules, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the ADF Super Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n Limitation on rule‑making power\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) amend this Act.\n\n#### 29 Rules relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The rules may make any provision that is necessary for the purpose of enabling ADF Super to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to ADF Super:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If rules made for the purposes of subsection (1) are inconsistent with a provision of this Act or the Trust Deed, the rules prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Costs of administration of Act etc.","content":"#### 19 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the ADF Super Fund by CSC; and\n (b) the investment of money from the ADF Super Fund;\n are to be paid by CSC out of the ADF Super Fund in accordance with the Trust Deed.\n (2) Subsection 8(2) (limitations on amending the Trust Deed) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Payment of fees","content":"#### 20 Payment of fees\n\n (1) The rules may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the rules or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The rules may make provision for and in relation to the refund of any fees paid under subsection (1).","sortOrder":26},{"sectionNumber":"Division 4","sectionType":"division","heading":"Other administrative matters","content":"An Act relating to the Australian Defence Force Superannuation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Defence Force Superannuation Act 2015.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

10 September 2015

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline\n\nThis Act provides for a superannuation scheme, to be known as the Australian Defence Force Superannuation Scheme (ADF Super).\n\nGenerally, a person is eligible to become an ADF Super member if he or she is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016. After that day, DFRDB and MSBS are closed to persons who commence with the Defence Force.\n\nIn some cases, a person who is eligible to become an ADF Super member becomes a member if he or she chooses to become a member. In other cases, a person automatically becomes an ADF Super member.\n\nA person’s membership of ADF Super continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\nThe Department must pay contributions to ADF Super for the benefit of certain ADF Super members. Contributions may also be made by employers of ADF Super members who are former long‑term ADF members, and by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\nCSC is responsible for ADF Super.\n\n#### 4 Definitions\n\n In this Act:\n\n> account‑based pension has the same meaning as in the Superannuation Industry (Supervision) Regulations 1994.\n\n> ADF means the Australian Defence Force.\n\n> ADF Super: see Australian Defence Force Superannuation Scheme.\n\n> ADF Super Fund means the fund established, and vested in CSC, by the Trust Deed.\n\n> ADF Super member means a person who is an ADF Super member in accordance with section 12.\n\n> Australian Defence Force Superannuation Scheme or ADF Super means the superannuation scheme established by the Trust Deed.\n\n> continuous full‑time Reservist means a member of the Reserves who is rendering a period of continuous full‑time service.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> DFRDB (short for Defence Force Retirement and Death Benefits) means the scheme established by the Defence Force Retirement and Death Benefits Act 1973.\n\n> employer has the same meaning as in the SIS Act.\n\n> former long‑term ADF member: a person is a former long‑term ADF member if:\n\n (a) for a continuous period of at least 12 months, the person was any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (b) at a particular time (whether before, on or after the commencement of this definition), the person ceased to be any of the following:\n (i) a member of the Permanent Forces;\n (ii) a continuous full‑time Reservist; and\n (c) at that time, the person was an ADF Super member; and\n (d) at all times since that time, the person:\n (i) has continued to be an ADF Super member; and\n (ii) has not been either a member of the Permanent Forces or a continuous full‑time Reservist.\n\n> member spouse has the meaning given by section 9.\n\n> MSBS (short for Military Superannuation and Benefits Scheme) has the same meaning as Scheme has in the Military Superannuation and Benefits Act 1991.\n\n> non‑member spouse has the meaning given by section 9.\n\n> Permanent Forces has the same meaning as in the Defence Act 1903.\n\n> preserved employer benefit means a preserved amount that includes an amount of employer benefit (within the meaning of the Rules made for the administration of MSBS).\n\n> Reserves has the same meaning as in the Defence Act 1903.\n\n> rules means rules made under section 28.\n\n> splitting agreement has the meaning given by section 9.\n\n> splitting order has the meaning given by section 9.\n\n> superannuation interest has the meaning given by section 9.\n\n> this Act includes the rules (except in subsection 29(2)).\n\n> Trust Deed means:\n\n (a) the deed referred to in section 7; or\n (b) if the deed is amended—the deed as so amended.\n\n#### 5 Application of Act\n\n This Act applies both within and outside Australia.\n\n## Part 2—The Trust Deed\n\n#### 6 Simplified outline of this Part\n\nThe Australian Defence Force Superannuation Scheme (known as ADF Super) is established by a deed made under this Part. The deed also establishes the ADF Super Fund (into which contributions and other money are paid). The deed is a legislative instrument.\n\nThe deed sets out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund.\n\nGenerally, CSC must consent to any amendment of the deed.\n\n#### 7 Trust Deed to establish the Australian Defence Force Superannuation Scheme\n\n (1) Before 1 July 2016, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Australian Defence Force Superannuation Scheme; and\n (ii) may also be known as ADF Super; and\n (iii) is for the benefit of persons who will be members of ADF Super; and\n (b) establish, and vest in CSC, a fund for the purposes of ADF Super; and\n (c) set out the functions and powers of CSC in relation to ADF Super and the ADF Super Fund; and\n (d) make rules for the administration of ADF Super.\n (2) The deed is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.\n\n#### 8 Amendment of the Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n Limitations on amending the Trust Deed\n (2) The Trust Deed must not be amended unless:\n (a) CSC has consented to the amendment; or\n (b) the amendment:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the ADF Super Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection does not apply in relation to an amendment of the Trust Deed for the purposes of subsection 19(1) (costs of administration of Act etc.) (see subsection 19(2)).\n\n (3) A provision of the Trust Deed that is amended under subsection (1) is invalid if the provision would have the effect that ADF Super:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act.\n Instrument making amendment is a legislative instrument\n (4) An instrument under subsection (1) is a legislative instrument.\n (5) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.\n\n#### 9 Family law interest splitting\n\n (1) Without limiting section 7 or 8, the Trust Deed:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Trust Deed; and\n (ii) the benefits of the member spouse are reduced in accordance with the Trust Deed; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this Act:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n## Part 3—Members of the Australian Defence Force Superannuation Scheme (ADF Super)\n\n#### 10 Simplified outline of this Part\n\nGenerally, a person is eligible to become an ADF Super member if the person is a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016.\n\nSome persons must make an election in order to become an ADF Super member.\n\nOther persons automatically become members of ADF Super. These persons can later make an election in accordance with Part 3A of the Superannuation Guarantee (Administration) Act 1992 and choose another superannuation fund.\n\nA person who has never previously been a member of the Defence Force and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA person who is already a member of MSBS must elect to become an ADF Super member. Otherwise, he or she remains a member of MSBS. (A person may have become a member of MSBS by becoming a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016, or, for those who have a preserved employer benefit, after that day.)\n\nA former member of MSBS, who does not have a preserved employer benefit, and who becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016 automatically becomes an ADF Super member.\n\nA contributing member of DFRDB who became a member of the Permanent Forces or a continuous full‑time Reservist before 1 July 2016 is not eligible to become an ADF Super member. However, if a member of DFRDB leaves the Defence Force and, on or after 1 July 2016, again becomes a member of the Permanent Forces or a continuous full‑time Reservist, he or she automatically becomes an ADF Super member.\n\n#### 11 Eligibility for membership of ADF Super\n\n (1) A person is eligible to become an ADF Super member if:\n (a) the person is:\n (i) a member of the Permanent Forces; or\n (ii) a continuous full‑time Reservist; or\n (b) the person is a former member of MSBS (within the meaning of the Rules made for the administration of MSBS) or a former contributing member of DFRDB (within the meaning of the Defence Force Retirement and Death Benefits Act 1973) to whom an account‑based pension may, if the person were an ADF Super member, be provided in accordance with the Trust Deed.\n (2) However, a person is not eligible to become an ADF Super member if the person is a contributing member (within the meaning of the Defence Force Retirement and Death Benefits Act 1973).\n (3) A person is not eligible to become an ADF Super member before 1 July 2016.\n\n#### 12 Becoming an ADF Super member\n\n (1) This section sets out the 2 situations in which a person can become an ADF Super member.\n Choice to become a member\n (2) A person who is eligible to become an ADF Super member may, in a manner approved by CSC in writing under this subsection, choose to become an ADF Super member.\n (3) The person becomes an ADF Super member when the choice is made.\n\n> Note: A person who is a member of MSBS, who chooses to become an ADF Super member, cannot later again become an MSBS member (see subsection 7(3) of the Military Superannuation and Benefits Act 1991).\n\n ADF Super is the person’s mandated fund\n (4) A person becomes an ADF Super member at a particular time if:\n (a) the person is eligible to be an ADF Super member because the person becomes a member of the Permanent Forces or a continuous full‑time Reservist on or after 1 July 2016; and\n (b) the person does not have a preserved employer benefit in MSBS; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992).\n\n> Note 1: See also section 15 (ADF Super is the sole eligible choice fund in relation to certain members).\n\n> Note 2: For a continuous full‑time Reservist whose undertaking spans 30 June 2016, see section 13.\n\n#### 13 Continuous full‑time Reservists whose undertakings span 30 June 2016\n\n For the purposes of paragraph 12(4)(a), if:\n (a) a person is an eligible member of the Defence Force (within the meaning of the Defence Force Retirement and Death Benefits Act 1973); and\n (b) the person becomes a continuous full‑time Reservist as a result of an undertaking that is accepted under subsection 26(2) of the Defence Act 1903 before 1 July 2016; and\n (c) the period of the undertaking is extended on or after that day;\n then, in relation to service on or after that day, the person is taken to have become a continuous full‑time Reservist on the day that period is extended.\n\n#### 14 Duration of membership of ADF Super\n\n (1) A person ceases to be an ADF Super member at the following time:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Trust Deed:\n (i) the time the benefit is paid; or\n (ii) if the person dies before that benefit is paid—the time the person dies;\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Trust Deed:\n (i) the time the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the time the person dies;\n (c) in any other case—the time the person dies.\n (2) A person does not cease to be an ADF Super member merely because the person ceases to be eligible to become an ADF Super member.\n (3) This section does not prevent a person who ceases to be an ADF Super member from later becoming an ADF Super member.\n\n#### 15 ADF Super is the sole eligible choice fund in relation to certain members\n\n ADF Super is, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to a person, the sole eligible choice fund for the Commonwealth if:\n (a) either:\n (i) the person is eligible to become an ADF Super member; or\n (ii) the person is an ADF Super member; and\n (b) the person is a member of the Permanent Forces or a continuous full‑time Reservist.\n\n#### 16 Contributions to ADF Super by the Department\n\n (1) The Department must pay to CSC, for the benefit of each ADF Super member, any contributions that are payable by the Department.\n\n> Note: See also section 21 (amounts payable to CSC).\n\n (2) The payments must be in accordance with this Act, the Trust Deed and the Defence Act 1903.\n (3) This section does not prevent contributions from being made by employers of ADF Super members who are former long‑term ADF members, or by ADF Super members who are self‑employed former long‑term ADF members, in accordance with the Trust Deed.\n\n## Part 4—Administration\n\n### Division 1—Simplified outline of this Part\n\n#### 17 Simplified outline of this Part\n\nThe functions and powers of CSC are set out in this Part and the Trust Deed. This Part also deals with costs, fees and information.\n\n### Division 2—Functions and powers of CSC\n\n#### 18 Functions and powers of CSC\n\n (1) The functions and powers of CSC in relation to ADF Super and the ADF Super Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n### Division 3—Costs of administration\n\n#### 19 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the ADF Super Fund by CSC; and\n (b) the investment of money from the ADF Super Fund;\n are to be paid by CSC out of the ADF Super Fund in accordance with the Trust Deed.\n (2) Subsection 8(2) (limitations on amending the Trust Deed) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n\n#### 20 Payment of fees\n\n (1) The rules may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the rules or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The rules may make provision for and in relation to the refund of any fees paid under subsection (1).\n\n### Division 4—Other administrative matters\n\n#### 21 Amounts payable to CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Trust Deed may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Trust Deed; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n#### 22 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Trust Deed), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Trust Deed—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.\n\n#### 23 CSC may rely on information supplied by the Department\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been an ADF Super member, CSC may presume that any information provided to CSC by the Department is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).\n\n#### 24 CSC may require the Department to distribute information etc. to members of ADF Super\n\n (1A) This section applies in relation to an ADF Super member who is:\n (a) a member of the Permanent Forces; or\n (b) a continuous full‑time Reservist.\n (1) CSC may:\n (a) send to the Department any document or written information that CSC is required to send to an ADF Super member under this or any other Act; and\n (b) request the Department to give the document or information to the member.\n (2) The Department must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must take reasonable steps to ensure that the confidentiality of any document or information sent to the Department for transmission to the member is preserved.\n\n## Part 5—Miscellaneous\n\n#### 25 Simplified outline of this Part\n\nThis Parts deals with those who are subject to the Trust Deed, termination and variation of rights by later legislation, and rules made under this Act.\n\n#### 26 Persons subject to the Trust Deed\n\n The following persons are subject to the Trust Deed (to the extent that the Trust Deed is applicable):\n (a) a person who is, or has ceased to be, an ADF Super member;\n (b) a person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Trust Deed;\n (c) the Department;\n (ca) an employer of a former long‑term ADF member who, in accordance with the Trust Deed, makes contributions to the ADF Super Fund for the benefit of the former long‑term ADF member;\n (d) CSC.\n\n#### 27 Termination and variation of rights by later legislation\n\n A right granted under this Act or the Trust Deed is granted on the basis that:\n (a) the right may be cancelled, revoked, terminated or varied by or under later legislation; and\n (b) no compensation is payable if the right is so cancelled, revoked, terminated or varied.\n\n#### 28 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Preconditions for making rules\n (2) Rules may not be made unless:\n (a) CSC has consented to the making of the rules; or\n (b) the rules:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the rules, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the ADF Super Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n Limitation on rule‑making power\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) amend this Act.\n\n#### 29 Rules relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The rules may make any provision that is necessary for the purpose of enabling ADF Super to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to ADF Super:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If rules made for the purposes of subsection (1) are inconsistent with a provision of this Act or the Trust Deed, the rules prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Amounts payable to CSC","content":"#### 21 Amounts payable to CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Trust Deed may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Trust Deed; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Recovery of overpayments","content":"#### 22 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Trust Deed), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Trust Deed—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"CSC may rely on information supplied by the Department","content":"#### 23 CSC may rely on information supplied by the Department\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been an ADF Super member, CSC may presume that any information provided to CSC by the Department is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"CSC may require the Department to distribute information etc. to members of ADF Super","content":"#### 24 CSC may require the Department to distribute information etc. to members of ADF Super\n\n (1A) This section applies in relation to an ADF Super member who is:\n (a) a member of the Permanent Forces; or\n (b) a continuous full‑time Reservist.\n (1) CSC may:\n (a) send to the Department any document or written information that CSC is required to send to an ADF Super member under this or any other Act; and\n (b) request the Department to give the document or information to the member.\n (2) The Department must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must take reasonable steps to ensure that the confidentiality of any document or information sent to the Department for transmission to the member is preserved.","sortOrder":31},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"## Part 5—Miscellaneous","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 25 Simplified outline of this Part\n\nThis Parts deals with those who are subject to the Trust Deed, termination and variation of rights by later legislation, and rules made under this Act.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Persons subject to the Trust Deed","content":"#### 26 Persons subject to the Trust Deed\n\n The following persons are subject to the Trust Deed (to the extent that the Trust Deed is applicable):\n (a) a person who is, or has ceased to be, an ADF Super member;\n (b) a person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Trust Deed;\n (c) the Department;\n (ca) an employer of a former long‑term ADF member who, in accordance with the Trust Deed, makes contributions to the ADF Super Fund for the benefit of the former long‑term ADF member;\n (d) CSC.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Termination and variation of rights by later legislation","content":"#### 27 Termination and variation of rights by later legislation\n\n A right granted under this Act or the Trust Deed is granted on the basis that:\n (a) the right may be cancelled, revoked, terminated or varied by or under later legislation; and\n (b) no compensation is payable if the right is so cancelled, revoked, terminated or varied.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Rules","content":"#### 28 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Preconditions for making rules\n (2) Rules may not be made unless:\n (a) CSC has consented to the making of the rules; or\n (b) the rules:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the rules, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the ADF Super Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n Limitation on rule‑making power\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) amend this Act.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Rules relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws","content":"#### 29 Rules relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The rules may make any provision that is necessary for the purpose of enabling ADF Super to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to ADF Super:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If rules made for the purposes of subsection (1) are inconsistent with a provision of this Act or the Trust Deed, the rules prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":37}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act, as enacted, establishes a new, standalone Defence superannuation scheme, defines who becomes an ADF Super member and how the scheme is governed and administered. The source text shows this was the original design (including commencement details) and does not record any subsequent change to that scope."},"complexity_factors":["Extensive cross‑references to other statutes (SIS Act, Defence Act 1903, Family Law Act 1975, Corporations Act, Income Tax Acts) requiring coordination across regimes (see ss.4, 7(2), 8(3), 29(1)).","Trust Deed is a legislative instrument with constrained amendment mechanics: Minister may amend but generally requires CSC consent and some amendments attract parliamentary disallowance (ss.7–8).","Rule‑making power subject to preconditions and express limits (no offences, taxes, appropriations, or amendments to the Act) and rules can prevail over inconsistent Act or Trust Deed provisions (ss.28–29).","Membership eligibility depends on multiple categories and preserved entitlements (interactions with MSBS and DFRDB, preserved employer benefits, and time‑based rules around 1 July 2016) (ss.11–14).","Administrative and enforcement powers for CSC: cost charging from the Fund, recovery of debts and overpayments, interest on unpaid amounts determined by CSC as a legislative instrument, and reliance on Department information (ss.19–23, 21(2)–(3)).","Operational dependencies on Department for member communications subject to Corporations Act constraints and confidentiality steps (s.24).","Transitional and timing complexity from commencement and treatment of undertakings spanning 30 June 2016 (ss.2, 13)."],"plain_english_summary":"Creates the Australian Defence Force Superannuation Scheme (ADF Super), vests an ADF Super Fund in the Commonwealth Superannuation Corporation (CSC) and requires a Trust Deed (a legislative instrument) to set CSC’s powers and the scheme rules. For people who join the Permanent Forces or become continuous full‑time Reservists on or after 1 July 2016, ADF Super is generally the default fund and entry to legacy schemes is restricted. The Department must pay contributions to CSC for members; CSC administers the fund and may recover payments and charge fees under the rules."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original and clearly stated purpose: establishing ADF Super as a new superannuation scheme for Defence Force members from 1 July 2016, closing older schemes to new entrants, and setting up the governance and administrative framework. There is no evidence of scope creep beyond this intent."},"complexity_factors":["Multiple interacting legislative regimes: the Act constantly cross-references at least six other Acts (Defence Force Retirement and Death Benefits Act 1973, Military Superannuation and Benefits Act 1991, Superannuation Industry (Supervision) Act 1993, Superannuation Guarantee (Administration) Act 1992, Family Law Act 1975, Governance of Australian Government Superannuation Schemes Act 2011)","Tiered eligibility rules: different membership pathways (automatic vs. election-based) depending on prior membership of DFRDB or MSBS, creating multiple overlapping categories of people","Key substantive rules are outsourced to a Trust Deed (a separate legislative instrument) rather than contained in the Act itself, making the full scheme impossible to understand from the Act alone","Transitional complexity around the 1 July 2016 cutover date, including a specific provision for Reservists whose service undertakings straddle that date","Family law superannuation splitting provisions adding a distinct and specialised legal regime within the scheme","The 'former long-term ADF member' definition has four cumulative conditions that must all be satisfied, creating non-obvious eligibility boundaries","Rule-making power hierarchy where ministerial rules can override the Act and Trust Deed in certain circumstances (s.29(2))","The document itself is rendered in a confusing format with significant content repetition, making it harder to parse than the underlying law warrants"],"plain_english_summary":"ADF Super establishes a new, CSC‑managed defined‑contribution retirement scheme for Australian Defence Force members, automatically enrolling recruits who joined full‑time from 1 July 2016 (with some options for existing MSBS members and returning DFRDB members). Defence pays contributions into member accounts. It replaces older military schemes for new entrants and shifts military retirement from guaranteed pensions to account‑based super — and the law allows future legislative changes to benefits without compensation."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2348},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is the original establishing legislation for ADF Super. The scope remains consistent with its original purpose: creating a new superannuation scheme for ADF members from 1 July 2016 while managing transition arrangements from predecessor schemes (DFRDB and MSBS)."},"complexity_factors":["Approximately 20 defined terms in section 4, many incorporating definitions from other Acts (e.g., 'CSC', 'continuous full‑time Reservist', 'former long‑term ADF member')","Extensive cross-referencing to at least 8 other Commonwealth Acts including the Superannuation Industry (Supervision) Act 1993, Family Law Act 1975, Defence Act 1903, and Military Superannuation and Benefits Act 1991","Conditional membership eligibility with multiple nested exceptions (e.g., section 11 eligibility subject to exceptions in subsections (2) and (3), plus transitional rules in section 13 for reservists spanning 30 June 2016)","Complex date-dependent logic with critical cut-off date of 1 July 2016 determining eligibility and automatic vs elective membership pathways","Delegated legislation framework (section 28) allowing rules to be made, but subject to CSC consent and specific limitations (cannot create offences, taxes, or appropriate money)","Legislative instrument provisions with varying disallowance exemptions (e.g., Trust Deed amendments under section 8 are disallowable, but interest rate determinations under section 21 are not)","Multi-layered administrative structure involving both CSC and the Department of Defence with specific information-sharing protocols (section 23 and 24)"],"plain_english_summary":"**What this law does**\n\nThis Act creates the **Australian Defence Force Superannuation Scheme (ADF Super)** — a compulsory retirement savings scheme for Australian Defence Force (ADF) personnel that started on **1 July 2016**. It effectively closed two older military super schemes (DFRDB and MSBS) to new Defence Force entrants from that date.\n\n**Who it affects**\n\n* **Permanent Force members** (full-time ADF staff)\n* **Continuous full‑time Reservists** (reservists on full-time contracts)\n* Certain **former Defence members** who rejoin the forces or who have specific preserved benefits from previous schemes\n* Employers of former long‑term ADF members (in limited circumstances)\n\n**How membership works**\n\nThere are two ways to become a member:\n\n1. **Automatically** — Most people who join the Permanent Forces or become continuous full‑time reservists on or after 1 July 2016 automatically become members unless they have a preserved benefit in the old MSBS scheme or have already chosen a different super fund.\n2. **By choice** — Some existing members of the older MSBS scheme can elect to transfer to ADF Super (but once they transfer, they cannot go back).\n\nMembership continues until the last benefit payment is made to or in respect of the member, or until the member dies.\n\n**Key organisations**\n\n* **CSC** (Commonwealth Superannuation Corporation): The government body that runs the scheme, manages investments, and pays benefits.\n* **Department of Defence**: Must pay employer contributions for serving members.\n\n**Important features**\n\n* **Trust Deed**: The detailed rules of the scheme are contained in a separate legal document called the Trust Deed. The Minister can amend this deed, but usually only with CSC's consent.\n* **Family law splitting**: The scheme allows superannuation to be divided between spouses or partners during divorce or separation (called \"interest splitting\").\n* **Former long‑term members**: Special rules allow people who served at least 12 months continuously and then left Defence to keep receiving employer contributions into ADF Super from civilian employers or make personal contributions if self‑employed.\n* **No compensation clause**: Rights under the scheme can be changed by future laws without compensation.\n\n**Why it matters**\n\nADF Super ensures military personnel have modern, portable retirement savings that comply with standard superannuation laws (the \"SIS Act\"), while accommodating the unique nature of military service — including transitions between full‑time, reserve, and civilian employment."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"4 (definition of 'ADF Super member') and 4 (definition of 'Australian Defence Force Superannuation Scheme')","severity":"low","reasoning":"The definition of ADF Super member points to section 12, which refers to eligibility under section 11, which refers to membership of ADF Super. The scheme itself is established for the benefit of those who will be members. While operationally workable, the chain is logically circular — you need to know who members are to define the scheme, but the scheme must exist before members can exist.","confidence":0.65,"description":"Circular definition chain: 'ADF Super member' is defined as a person who is an ADF Super member in accordance with section 12, and 'ADF Super' is defined as the scheme established by the Trust Deed, but the Trust Deed itself is defined by reference to section 7, which requires the scheme to be for the benefit of 'persons who will be members of ADF Super'. Members are defined by reference to the scheme, and the scheme is defined by reference to its members."},{"type":"circular_definition","section":"7(1)(a)(iii)","severity":"low","reasoning":"The Trust Deed creates ADF Super; ADF Super members arise only after ADF Super is created. Yet the deed must be made for the benefit of persons who 'will be' members — this is prospective and technically workable, but the identity of future members depends entirely on the terms of the very deed being made, creating a bootstrapping problem.","confidence":0.6,"description":"The Trust Deed must establish a scheme 'for the benefit of persons who will be members of ADF Super', but ADF Super members can only exist once the Trust Deed establishes ADF Super. The scheme is required to benefit members before those members can legally exist."},{"type":"circular_definition","section":"11(1)(b)","severity":"medium","reasoning":"To determine eligibility, one must assess what the Trust Deed would provide 'if the person were an ADF Super member'. This requires treating the person as a member to determine whether they qualify to be a member. The eligibility test is logically prior to membership, yet it requires assuming membership to evaluate it.","confidence":0.75,"description":"A former DFRDB contributing member is eligible to become an ADF Super member if 'an account-based pension may, if the person were an ADF Super member, be provided in accordance with the Trust Deed'. Eligibility to become a member is contingent on what benefits would be available if the person were already a member — a condition that presupposes the membership it is meant to establish."},{"type":"impossible_compliance","section":"14(1) and 14(3)","severity":"medium","reasoning":"Section 14(3) carves out a general re-joinder possibility from section 14(1), but section 14(1)(c) terminates membership at death in cases where no benefit is ever paid. Death is an irreversible event. The drafting of s14(3) as applying to all cessations of membership under s14(1) creates the absurdity that a deceased person could theoretically rejoin. In practice, ss14(1)(a)(ii) and (b)(ii) also end membership at death. The re-joinder provision should logically be limited to non-death cessations.","confidence":0.8,"description":"Section 14(1) specifies when a person ceases to be an ADF Super member, with the final catch-all being 'the time the person dies'. Section 14(3) states this does not prevent a person who ceases to be an ADF Super member from later becoming one again. However, where membership ends upon death, it is impossible for that person to later become a member again."},{"type":"self_contradicting","section":"29(2)","severity":"high","reasoning":"Subordinate legislative instruments (rules) are generally not permitted to override primary legislation. The Act deliberately excludes s29(2) from the definition that makes rules part of 'this Act', but then allows the rules to prevail over 'this Act'. This inverts the normal legislative hierarchy and may be constitutionally problematic, and is internally self-contradicting in that the Act creates a mechanism to partially nullify itself via subordinate instrument.","confidence":0.82,"description":"Section 29(2) provides that rules made under s29(1) prevail over 'a provision of this Act' to the extent of any inconsistency. However, s4 defines 'this Act' to include the rules (except in s29(2)). The carve-out in s29(2) means that for s29(2) purposes, 'this Act' does not include the rules. This creates a situation where rules made under s29(1) can override the Act itself — a subordinate instrument overriding primary legislation — raising a constitutional validity concern and a logical tension within the Act's own hierarchy."},{"type":"self_contradicting","section":"28(3)(e) and 29(2)","severity":"high","reasoning":"The explicit prohibition on rules amending the Act in s28(3)(e) is negated by the s29(2) override mechanism. If rules can prevail over statutory provisions to the extent of inconsistency, they are in effect amending those provisions. The two subsections are logically irreconcilable.","confidence":0.85,"description":"Section 28(3)(e) expressly prohibits rules from amending 'this Act'. However, s29(2) provides that rules made under s29(1) prevail over provisions of 'this Act' to the extent of inconsistency, effectively allowing rules to nullify or override statutory provisions. Overriding a statutory provision and amending it achieve functionally equivalent outcomes — the prohibition in s28(3)(e) is thus undermined by s29(2)."},{"type":"other","section":"24(1A) and 24(1)","severity":"medium","reasoning":"The Act creates a class of ADF Super members who are not in active service (former long-term ADF members, self-employed former members) yet the information distribution mechanism in s24 only covers currently-serving members. CSC has no equivalent power to distribute documents to the broader class of members, creating a gap in the administrative framework.","confidence":0.72,"description":"Section 24(1A) states that the section applies only in relation to ADF Super members who are current Permanent Forces members or continuous full-time Reservists. However, s14(2) provides that a person does not cease to be an ADF Super member merely because they cease to be eligible — meaning former members remain members. Section 24's scope is therefore narrower than the full class of ADF Super members, leaving no statutory mechanism for CSC to distribute information to ADF Super members who are no longer serving (e.g. former long-term ADF members, which the Act explicitly contemplates)."},{"type":"retroactive_impossibility","section":"4 (definition of 'former long-term ADF member'), paragraphs (b) and (c)","severity":"medium","reasoning":"The phrase 'whether before, on or after the commencement of this definition' in paragraph (b) suggests pre-commencement cessations can qualify, but paragraph (c) requires the person to have been an ADF Super member at that time. Since ADF Super membership was impossible before 1 July 2016, no person who ceased service before that date can ever satisfy paragraph (c). The inclusion of 'before' in paragraph (b) is therefore legally inoperative and misleading.","confidence":0.88,"description":"The definition requires that at the time the person ceased to be a member of the Permanent Forces or continuous full-time Reservist (paragraph b), the person was already an ADF Super member (paragraph c). However, s11(3) provides that a person is not eligible to become an ADF Super member before 1 July 2016. The definition also allows the cessation to have occurred 'before ... the commencement of this definition'. This means the definition purports to apply to persons who ceased service before 1 July 2016, at which time they could not have been ADF Super members. The definition is therefore self-defeating for any pre-1 July 2016 cessation."}],"contradictions":[{"severity":"low","section_a":"12(1)","section_b":"12(2) and 12(4)","confidence":0.55,"description":"Section 12(1) states 'This section sets out the 2 situations in which a person can become an ADF Super member.' Subsection (2) deals with a voluntary choice and subsection (4) deals with automatic membership. However, s12(2) also applies to persons who are eligible under s11(1)(b) (former MSBS/DFRDB members seeking account-based pensions) — a third category not contemplated in the 'sole eligible choice fund' automatic pathway in s12(4). The claim that there are exactly '2 situations' is potentially inaccurate given the breadth of eligibility under s11(1)(b) which may not map cleanly onto either pathway."},{"severity":"medium","section_a":"15","section_b":"12(4)(c)","confidence":0.7,"description":"Section 15 designates ADF Super as the 'sole eligible choice fund' for certain members, meaning they cannot choose another fund. Section 12(4)(c) makes automatic membership contingent on there being 'no chosen fund for the person'. Read together, if a person falls within s15 (ADF Super is the sole eligible choice fund), they cannot have a valid 'chosen fund' that is not ADF Super, yet s12(4)(c) seems to contemplate the possibility that a chosen fund might pre-empt automatic membership. The interaction between s15 and s12(4)(c) creates ambiguity about whether a prior chosen fund can ever displace automatic ADF Super membership for persons covered by s15."},{"severity":"medium","section_a":"8(2)","section_b":"19(2)","confidence":0.73,"description":"Section 8(2) sets out limitations on amending the Trust Deed, requiring CSC consent or specified exceptions. Section 19(2) carves out amendments relating to costs of administration from the s8(2) limitations. However, s8(2) already provides exceptions without CSC consent. The s19(2) carve-out therefore bypasses both the CSC consent requirement and the listed exceptions in s8(2)(b), creating an unconstrained ministerial power to amend the Trust Deed on cost matters without any of the safeguards in s8(2). This is potentially inconsistent with the general scheme of member/fund protection that s8(2) is designed to provide."},{"severity":"medium","section_a":"28(2)","section_b":"29(1)","confidence":0.68,"description":"Section 28(2) requires CSC consent (or specified exceptions) before rules can be made. Section 29(1) authorises rules to be made for the purpose of enabling ADF Super to comply with various laws including the SIS Act. It is unclear whether rules made under s29(1) must also satisfy the s28(2) preconditions. If s29(1) operates as a stand-alone rule-making power independent of s28, the s28(2) CSC consent requirement could be bypassed. If s28(2) applies to s29(1) rules, the interaction is not made explicit, creating interpretive uncertainty."},{"severity":"medium","section_a":"16(1)","section_b":"16(3)","confidence":0.67,"description":"Section 16(1) imposes a mandatory obligation on 'the Department' to pay contributions to CSC for 'each ADF Super member'. Section 16(3) contemplates contributions by employers of former long-term ADF members and self-employed former long-term ADF members. However, former long-term ADF members remain ADF Super members (per s14(2)), yet s16(1) would still require the Department to pay contributions for them even though they are no longer serving in the ADF and the Department may no longer be their employer. The mandatory scope of s16(1) appears to extend beyond what is practically coherent for non-serving members."}]}},"importantCases":[],"_links":{"self":"/api/acts/australian-defence-force-superannuation-act-2015","history":"/api/acts/australian-defence-force-superannuation-act-2015/history","analysis":"/api/acts/australian-defence-force-superannuation-act-2015/analysis","conflicts":"/api/acts/australian-defence-force-superannuation-act-2015/conflicts","importantCases":"/api/acts/australian-defence-force-superannuation-act-2015/important-cases","documents":"/api/acts/australian-defence-force-superannuation-act-2015/documents"}}