{"id":"qld:act-1990-020","name":"Superannuation (State Public Sector) Act 1990","slug":"superannuation-state-public-sector-act-1990","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"20 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104881,"registerId":"qld-act-1990-020-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Superannuation (State Public Sector) Act 1990 .","sortOrder":1},{"sectionNumber":"sec.1.2","sectionType":"section","heading":null,"content":"### Section sec.1.2\n\ns 1.2 om 18 August 1995 RA s 37","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 2 def alternate trustee ins 2007 No. 7 s 4 (2)\namd 2013 No. 61 s 119 (2)\nom 2021 No. 20 s 9\ns 2 def appointed trustee ins 1997 No. 21 s 4 (2)\nom 2007 No. 7 s 4 (1)\ns 2 def appropriately qualified ins 2007 No. 7 s 4 (2)\nom 2013 No. 61 s 119 (1)\ns 2 def AWUQ ins 2007 No. 7 s 4 (2)\nom 2013 No. 61 s 119 (1)\ns 2 def board sub 2016 No. 64 s 53 (1)–(2)\nom 2021 No. 20 s 9\ns 2 def board member om 1997 No. 21 s 4 (1)\ns 2 def CEO ins 2007 No. 7 s 4 (2)\namd 2013 No. 61 s 119 (3)\nom 2021 No. 20 s 9\ns 2 def chairperson ins 2007 No. 7 s 4 (2)\nom 2013 No. 61 s 119 (1)\ns 2 def commencement day ins 2007 No. 7 s 4 (2)\nom 2016 No. 64 s 53 (1)\ns 2 def core government employee ins 2016 No. 64 s 53 (2)\nom 2021 No. 20 s 9\ns 2 def deed om 2021 No. 20 s 9\ns 2 def defined benefit asset ins 2007 No. 7 s 4 (2)\nom 2007 No. 58 s 105\ns 2 def defined benefit member ins 2007 No. 7 s 4 (2)\nom 2007 No. 58 s 105\ns 2 def disqualified person ins 2007 No. 7 s 4 (2)\nom 2013 No. 61 s 119 (1)\ns 2 def eligible scheme ins 2000 No. 52 s 36 (2)\nom 2016 No. 64 s 53 (1)\ns 2 def employee ins 2000 No. 52 s 36 (2)\nom 2021 No. 20 s 9\ns 2 def employer trustee ins 2007 No. 7 s 4 (2)\nom 2013 No. 61 s 119 (1)\ns 2 def fund ins 2016 No. 64 s 53 (2)\nom 2021 No. 20 s 9\ns 2 def fund , 2nd mention, om 2021 No. 20 s 9\ns 2 def government superannuation provision fund ins 1995 No. 27 s 61 (2)\nsub 1997 No. 21 s 4\nom 2000 No. 52 s 36 (1)\ns 2 def independent director ins 2007 No. 7 s 4 (2)\nom 2013 No. 61 s 119 (1)\ns 2 def investment manager ins 2007 No. 7 s 4 (2)\nom 2016 No. 64 s 53 (1)\ns 2 def member entity trustee ins 2007 No. 7 s 4 (2)\nom 2013 No. 61 s 119 (1)\ns 2 def new ins 2007 No. 7 s 4 (2)\nom 2016 No. 64 s 53 (1)\ns 2 def officer ins 2007 No. 7 s 4 (2)\nom 2021 No. 20 s 9\ns 2 def Parliamentary Benefits Committee ins 2007 No. 7 s 4 (2)\nom 2016 No. 64 s 53 (1)\ns 2 def police 74 member ins 1999 No. 74 s 13\namd 2004 No. 42 s 33 sch\nom 2016 No. 64 s 53 (1)\ns 2 def QCU ins 2007 No. 7 s 4 (2)\nom 2013 No. 61 s 119 (1)\ns 2 def QIC ins 2007 No. 7 s 4 (2)\nom 2016 No. 64 s 53 (1)\ns 2 def QSL ins 2009 No. 11 s 3\nom 2016 No. 64 s 53 (1)\ns 2 def Queensland Treasury Corporation om 1995 No. 27 s 61 (1)\ns 2 def quorum ins 2007 No. 7 s 4 (2)\nom 2013 No. 61 s 119 (1)\ns 2 def registered higher education provider ins 2014 No. 25 s 223 sch 1 pt 2\nom 2021 No. 20 s 9\ns 2 def relevant employee ins 2009 No. 11 s 3\nom 2016 No. 64 s 53 (1)\ns 2 def repealed ins 2007 No. 7 s 4 (2)\nom 2016 No. 64 s 53 (1)\ns 2 def scheme om 2021 No. 20 s 9\ns 2 def SIS Act ins 2007 No. 7 s 4 (2)\nom 2021 No. 20 s 9\ns 2 def State 72 member ins 1999 No. 74 s 13\nom 2016 No. 64 s 53 (1)\ns 2 def subsidiary ins 2007 No. 7 s 4 (2)\nom 2016 No. 64 s 53 (1)\ns 2 def surcharge debt account ins 1999 No. 74 s 13\nom 2016 No. 64 s 53 (1)\ns 2 def transfer day ins 2009 No. 11 s 3\nom 2016 No. 64 s 53 (1)\ns 2 def trustee ins 1997 No. 21 s 4 (2)\nsub 2007 No. 7 s 4 (1) – (2)\nom 2021 No. 20 s 9\ns 2 def unit of the State public sector amd 1993 No. 11 s 45 sch 3 ; 1996 No. 37 s 147 sch 2 ; 1999 No. 9 s 3 sch ; 1999 No. 19 s 3 sch ; 2001 No. 69 s 378 sch 1 ; 2004 No. 42 s 26 (1)–(3); 2007 No. 7 s 4 (3) – (4) ; 2014 No. 21 s 94 (2) sch 2 ; 2014 No. 25 s 223 sch 1 pt 2 ; 2016 No. 64 s 53 (3) – (4)\nom 2021 No. 20 s 9\ns 2 def wholly-owned subsidiary ins 2007 No. 7 s 4 (2)\nom 2021 No. 20 s 9\ns 2 amd 1991 No. 11 s 7 .2; 1993 No. 11 s 45 sch 3 ; 1997 No. 81 s 3 sch ; 1999 No. 27 s 76 sch 1 pt 3 ; 2004 No. 42 s 26 (4)–(5)\nsub 2021 No. 20 s 9","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Meaning of unit of the State public sector","content":"### sec.3 Meaning of unit of the State public sector\n\nEach of the following entities is a unit of the State public sector —\nan entity mentioned in schedule 1 ;\nan entity declared under section 4 to be a unit of the State public sector.\nHowever, the Executive Council is not a unit of the State public sector.\ns 3 prev s 3 sub 1997 No. 21 s 5\namd 2001 No. 45 s 29 sch 3 ; 2002 No. 66 s 26 ; 2007 No. 58 s 106 ; 2009 No. 9 s 136 sch 1 ; 2009 No. 48 s 236 ; 2013 No. 61 s 120 ; 2016 No. 64 s 55\nom 2021 No. 20 s 12\npres s 3 ins 2021 No. 20 s 10\n(sec.3-ssec.1) Each of the following entities is a unit of the State public sector — an entity mentioned in schedule 1 ; an entity declared under section 4 to be a unit of the State public sector.\n(sec.3-ssec.2) However, the Executive Council is not a unit of the State public sector.\n- (a) an entity mentioned in schedule 1 ;\n- (b) an entity declared under section 4 to be a unit of the State public sector.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Minister may declare units of the State public sector","content":"### sec.4 Minister may declare units of the State public sector\n\nThe Minister may, by written notice, declare an entity to be a unit of the State public sector.\nThe power of the Minister under subsection (1) includes the power—\nto declare a department or other agency of the Commonwealth or another State on which functions of this State have been conferred to be a unit of the State public sector; and\nto declare an entity to be a unit of the State public sector only in relation to particular employees.\nHowever, the Minister may declare an entity to be a unit of the State public sector only if—\nthe entity performs functions for the State, employs public service employees or is otherwise connected to the State; or\nfor a declaration under subsection (2) (b) , the entity employs persons whose membership in the scheme is continued under part 3 , division 2 .\nAlso, if there is any doubt that a person is an employee of a unit of the State public sector, the Minister may, by written notice, declare whether the person is or is not an employee of a unit of the State public sector.\nA notice under subsection (1) or (4) is subordinate legislation.\ns 4 prev s 4 sub 1997 No. 21 s 5\namd 2007 No. 7 s 5\nom 2021 No. 20 s 12\npres s 4 (prev s 2A) ins 2000 No. 52 s 37\nsub 2016 No. 64 s 54\namd 2021 No. 20 s 11 (1) – (4)\nrenum 2021 No. 20 s 11 (5)\n(sec.4-ssec.1) The Minister may, by written notice, declare an entity to be a unit of the State public sector.\n(sec.4-ssec.2) The power of the Minister under subsection (1) includes the power— to declare a department or other agency of the Commonwealth or another State on which functions of this State have been conferred to be a unit of the State public sector; and to declare an entity to be a unit of the State public sector only in relation to particular employees.\n(sec.4-ssec.3) However, the Minister may declare an entity to be a unit of the State public sector only if— the entity performs functions for the State, employs public service employees or is otherwise connected to the State; or for a declaration under subsection (2) (b) , the entity employs persons whose membership in the scheme is continued under part 3 , division 2 .\n(sec.4-ssec.4) Also, if there is any doubt that a person is an employee of a unit of the State public sector, the Minister may, by written notice, declare whether the person is or is not an employee of a unit of the State public sector.\n(sec.4-ssec.5) A notice under subsection (1) or (4) is subordinate legislation.\n- (a) to declare a department or other agency of the Commonwealth or another State on which functions of this State have been conferred to be a unit of the State public sector; and\n- (b) to declare an entity to be a unit of the State public sector only in relation to particular employees.\n- (a) the entity performs functions for the State, employs public service employees or is otherwise connected to the State; or\n- (b) for a declaration under subsection (2) (b) , the entity employs persons whose membership in the scheme is continued under part 3 , division 2 .","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Public sector superannuation scheme","content":"# Public sector superannuation scheme","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Continuation of scheme","content":"### sec.5 Continuation of scheme\n\nThe scheme established under this Act and the repealed Superannuation (State Public Sector) Deed 1990 is continued in existence.\nThe scheme continues under subsection (1) despite any change to the scheme’s name from time to time.\nSee also section 65 .\ns 5 sub 1993 No. 11 s 45 sch 3 ; 1997 No. 21 s 5 ; 2007 No. 7 s 6 ; 2013 No. 61 s 121 ; 2021 No. 20 s 12\n(sec.5-ssec.1) The scheme established under this Act and the repealed Superannuation (State Public Sector) Deed 1990 is continued in existence.\n(sec.5-ssec.2) The scheme continues under subsection (1) despite any change to the scheme’s name from time to time. See also section 65 .","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Deed for scheme","content":"### sec.6 Deed for scheme\n\nThe 1990 deed continues in existence as the trust deed for the scheme in the form of the instrument prepared under section 54 .\nThe continuation of the 1990 deed under subsection (1) does not—\naffect, or purport to affect, the continuation of the scheme or the fund for the scheme; or\notherwise resettle or redeclare the scheme or the fund for the scheme.\nSubsections (1) and (2) apply even though the 1990 deed stopped being subordinate legislation on the repeal of the 1990 regulation.\nThe trust deed may be amended by the trustee in accordance with this Act and the deed.\nSee section 26 in relation to amendments of the trust deed relating to government defined benefit categories.\nThe amendment of the trust deed by the trustee does not affect the operation of subsections (1) to (3) .\ns 6 prev s 6 sub 1997 No. 21 s 5 ; 2007 No. 7 s 6\nom 2013 No. 61 s 121\npres s 6 (prev s 6B) ins 1997 No. 21 s 5\namd 2007 No. 7 s 7\nrenum 2013 No. 61 s 122\nsub 2021 No. 20 s 12\n(sec.6-ssec.1) The 1990 deed continues in existence as the trust deed for the scheme in the form of the instrument prepared under section 54 .\n(sec.6-ssec.2) The continuation of the 1990 deed under subsection (1) does not— affect, or purport to affect, the continuation of the scheme or the fund for the scheme; or otherwise resettle or redeclare the scheme or the fund for the scheme.\n(sec.6-ssec.3) Subsections (1) and (2) apply even though the 1990 deed stopped being subordinate legislation on the repeal of the 1990 regulation.\n(sec.6-ssec.4) The trust deed may be amended by the trustee in accordance with this Act and the deed. See section 26 in relation to amendments of the trust deed relating to government defined benefit categories.\n(sec.6-ssec.5) The amendment of the trust deed by the trustee does not affect the operation of subsections (1) to (3) .\n- (a) affect, or purport to affect, the continuation of the scheme or the fund for the scheme; or\n- (b) otherwise resettle or redeclare the scheme or the fund for the scheme.","sortOrder":8},{"sectionNumber":"sec.6A","sectionType":"section","heading":null,"content":"### Section sec.6A\n\ns 6A prev s 6A ins 1997 No. 21 s 5\nsub 2007 No. 7 s 6\namd 2008 No. 75 s 119\nom 2013 No. 61 s 121\npres s 6A (prev s 6DA) ins 2007 No. 7 s 8\nrenum 2013 No. 61 s 124\namd 2016 No. 64 s 56\nom 2021 No. 20 s 12","sortOrder":9},{"sectionNumber":"sec.6AA","sectionType":"section","heading":null,"content":"### Section sec.6AA\n\ns 6AA ins 2007 No. 7 s 6\nom 2013 No. 61 s 121","sortOrder":10},{"sectionNumber":"sec.6B","sectionType":"section","heading":null,"content":"### Section sec.6B\n\ns 6B (prev s 6E) ins 1997 No. 21 s 5\namd 2007 No. 7 s 9\nrenum 2013 No. 61 s 124\nom 2021 No. 20 s 12","sortOrder":11},{"sectionNumber":"sec.6C","sectionType":"section","heading":null,"content":"### Section sec.6C\n\ns 6C prev s 6C ins 1997 No. 21 s 5\nsub 2007 No. 7 s 8\nom 2013 No. 61 s 123\npres s 6C (prev s 6F) ins 1997 No. 21 s 5\namd 2007 No. 7 s 10 ; 2007 No. 58 s 107\nrenum 2013 No. 61 s 124\nom 2021 No. 20 s 12","sortOrder":12},{"sectionNumber":"sec.6D","sectionType":"section","heading":null,"content":"### Section sec.6D\n\ns 6D ins 1997 No. 21 s 5\namd 1998 No. 81 s 3 sch\nsub 2007 No. 7 s 8\nom 2013 No. 61 s 123","sortOrder":13},{"sectionNumber":"sec.6DAA","sectionType":"section","heading":null,"content":"### Section sec.6DAA\n\ns 6DAA ins 2009 No. 48 s 237\nom 2013 No. 61 s 123","sortOrder":14},{"sectionNumber":"sec.6G","sectionType":"section","heading":null,"content":"### Section sec.6G\n\ns 6G ins 1997 No. 21 s 5\nom 2013 No. 61 s 125","sortOrder":15},{"sectionNumber":"sec.6H","sectionType":"section","heading":null,"content":"### Section sec.6H\n\ns 6H ins 1997 No. 21 s 5\namd 2007 No. 7 s 11\nom 2013 No. 61 s 125","sortOrder":16},{"sectionNumber":"sec.6I","sectionType":"section","heading":null,"content":"### Section sec.6I\n\ns 6I ins 1997 No. 21 s 5\namd 2007 No. 7 s 12; 2009 No. 48 s 238\nom 2013 No. 61 s 125","sortOrder":17},{"sectionNumber":"sec.6J","sectionType":"section","heading":null,"content":"### Section sec.6J\n\ns 6J ins 1997 No. 21 s 5\namd 2007 No. 7 s 13\nom 2013 No. 61 s 125","sortOrder":18},{"sectionNumber":"sec.7","sectionType":"section","heading":"Fund for scheme","content":"### sec.7 Fund for scheme\n\nThe State Public Sector Superannuation Fund (the scheme fund ) is continued in existence.\ns 7 amd 1997 No. 21 s 6; 2007 No. 7 s 14\nsub 2021 No. 20 s 12","sortOrder":19},{"sectionNumber":"sec.8","sectionType":"section","heading":"Administration of scheme","content":"### sec.8 Administration of scheme\n\nThe trustee’s scheme operations must be based in Queensland.\nFor subsection (1) , the trustee’s scheme operations are based in Queensland only if—\nthe trustee’s registered office, and principal place of business, under the Corporations Act is in Queensland; and\neach of the following persons ordinarily reside in Queensland—\nthe trustee’s chief executive officer (however called);\na majority of the trustee’s directors;\na majority of the trustee’s key management personnel who are not mentioned in subparagraph (i) or (ii) ; and\nthe main office of the majority of the trustee’s business areas for the scheme operations is in Queensland.\nIn this section—\ndirector , of the trustee, means a director of the trustee within the meaning of the Corporations Act , section 9 .\nkey management personnel , of the trustee, means a member of the trustee’s key management personnel within the meaning of the Corporations Act , section 9 .\nscheme operations , of the trustee, means the trustee’s operations relating to the administration of the scheme.\ns 8 amd 1997 No. 21 s 7\nsub 2000 No. 52 s 38 ; 2007 No. 7 s 15 ; 2021 No. 20 s 12\n(sec.8-ssec.1) The trustee’s scheme operations must be based in Queensland.\n(sec.8-ssec.2) For subsection (1) , the trustee’s scheme operations are based in Queensland only if— the trustee’s registered office, and principal place of business, under the Corporations Act is in Queensland; and each of the following persons ordinarily reside in Queensland— the trustee’s chief executive officer (however called); a majority of the trustee’s directors; a majority of the trustee’s key management personnel who are not mentioned in subparagraph (i) or (ii) ; and the main office of the majority of the trustee’s business areas for the scheme operations is in Queensland.\n(sec.8-ssec.3) In this section— director , of the trustee, means a director of the trustee within the meaning of the Corporations Act , section 9 . key management personnel , of the trustee, means a member of the trustee’s key management personnel within the meaning of the Corporations Act , section 9 . scheme operations , of the trustee, means the trustee’s operations relating to the administration of the scheme.\n- (a) the trustee’s registered office, and principal place of business, under the Corporations Act is in Queensland; and\n- (b) each of the following persons ordinarily reside in Queensland— (i) the trustee’s chief executive officer (however called); (ii) a majority of the trustee’s directors; (iii) a majority of the trustee’s key management personnel who are not mentioned in subparagraph (i) or (ii) ; and\n- (i) the trustee’s chief executive officer (however called);\n- (ii) a majority of the trustee’s directors;\n- (iii) a majority of the trustee’s key management personnel who are not mentioned in subparagraph (i) or (ii) ; and\n- (c) the main office of the majority of the trustee’s business areas for the scheme operations is in Queensland.\n- (i) the trustee’s chief executive officer (however called);\n- (ii) a majority of the trustee’s directors;\n- (iii) a majority of the trustee’s key management personnel who are not mentioned in subparagraph (i) or (ii) ; and","sortOrder":20},{"sectionNumber":"sec.9","sectionType":"section","heading":"Membership open to everyone","content":"### sec.9 Membership open to everyone\n\nThe scheme is open to membership by any person, subject to the requirements about membership in the deed.\ns 9 amd 1991 No. 11 s 7 .3; 1997 No. 21 s 8\nsub 2007 No. 7 s 15 ; 2021 No. 20 s 12","sortOrder":21},{"sectionNumber":"sec.9A","sectionType":"section","heading":null,"content":"### Section sec.9A\n\ns 9A ins 2007 No. 7 s 15\nom 2016 No. 64 s 57","sortOrder":22},{"sectionNumber":"pt.3","sectionType":"part","heading":"Membership of scheme by State public sector employees","content":"# Membership of scheme by State public sector employees","sortOrder":23},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"General matters about State public sector employees","content":"## General matters about State public sector employees","sortOrder":24},{"sectionNumber":"sec.10","sectionType":"section","heading":"Minister may declare matters about membership","content":"### sec.10 Minister may declare matters about membership\n\nThe Minister may, by written notice, declare the following about membership of the scheme by a State public sector employee—\nthe membership category or categories for which the employee is eligible;\nany conditions applying to the employee’s membership of the scheme;\nfor an employee other than a core government employee—whether the employee’s membership in the scheme is compulsory.\nThe Minister may declare an employee’s membership in the scheme is compulsory under subsection (1) (c) only if the employee’s employer has given the Minister a written notice requesting the declaration.\nA notice under subsection (1) is subordinate legislation.\ns 10 prev s 10 amd 1995 No. 27 s 62 ; 1997 No. 21 s 9 ; 1999 No. 29 s 50 sch ; 2000 No. 52 s 39 ; 2002 No. 66 s 27\nom 2021 No. 20 s 14\npres s 10 (prev s 14B) ins 2016 No. 64 s 62\namd 2021 No. 20 s 17 (1) – (4)\nrenum 2021 No. 20 s 17 (5)\n(sec.10-ssec.1) The Minister may, by written notice, declare the following about membership of the scheme by a State public sector employee— the membership category or categories for which the employee is eligible; any conditions applying to the employee’s membership of the scheme; for an employee other than a core government employee—whether the employee’s membership in the scheme is compulsory.\n(sec.10-ssec.2) The Minister may declare an employee’s membership in the scheme is compulsory under subsection (1) (c) only if the employee’s employer has given the Minister a written notice requesting the declaration.\n(sec.10-ssec.3) A notice under subsection (1) is subordinate legislation.\n- (a) the membership category or categories for which the employee is eligible;\n- (b) any conditions applying to the employee’s membership of the scheme;\n- (c) for an employee other than a core government employee—whether the employee’s membership in the scheme is compulsory.","sortOrder":25},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Continuation of membership after particular events","content":"## Continuation of membership after particular events","sortOrder":26},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of division","content":"### sec.11 Application of division\n\nThis division applies if—\neither of the following things (each a relevant event ) happens in relation to a person—\nthe person ceases to be an employee of a unit of the State public sector and becomes an employee of another entity that is not a unit of the State public sector;\nthe person’s employer ceases to be a unit of the State public sector and the person continues to be an employee of the employer; and\nimmediately before the relevant event, the person was a member of the scheme; and\nany of the following apply—\nthe relevant event happens under an Act that provides that, on the happening of the relevant event, the person keeps all the person’s existing and accruing rights relating to superannuation;\nthe Minister declares, by gazette notice, that on the happening of the relevant event the person keeps all the person’s existing and accruing rights relating to superannuation;\nboth—\nthe Minister includes the employer in a membership declaration; and\nthe employer gives written notice to the board that the employer agrees to the person’s continued membership in the scheme.\ns 11 prev s 11 sub 1995 No. 27 s 63 ; 2007 No. 7 s 16\namd 2007 No. 58 s 108 ; 2016 No. 64 s 58\nom 2021 No. 20 s 14\npres s 11 (prev s 14C) ins 2016 No. 64 s 62\namd 2021 No. 20 s 19 (1)\nrenum 2021 No. 20 s 19 (2)\n- (a) either of the following things (each a relevant event ) happens in relation to a person— (i) the person ceases to be an employee of a unit of the State public sector and becomes an employee of another entity that is not a unit of the State public sector; (ii) the person’s employer ceases to be a unit of the State public sector and the person continues to be an employee of the employer; and\n- (i) the person ceases to be an employee of a unit of the State public sector and becomes an employee of another entity that is not a unit of the State public sector;\n- (ii) the person’s employer ceases to be a unit of the State public sector and the person continues to be an employee of the employer; and\n- (b) immediately before the relevant event, the person was a member of the scheme; and\n- (c) any of the following apply— (i) the relevant event happens under an Act that provides that, on the happening of the relevant event, the person keeps all the person’s existing and accruing rights relating to superannuation; (ii) the Minister declares, by gazette notice, that on the happening of the relevant event the person keeps all the person’s existing and accruing rights relating to superannuation; (iii) both— (A) the Minister includes the employer in a membership declaration; and (B) the employer gives written notice to the board that the employer agrees to the person’s continued membership in the scheme.\n- (i) the relevant event happens under an Act that provides that, on the happening of the relevant event, the person keeps all the person’s existing and accruing rights relating to superannuation;\n- (ii) the Minister declares, by gazette notice, that on the happening of the relevant event the person keeps all the person’s existing and accruing rights relating to superannuation;\n- (iii) both— (A) the Minister includes the employer in a membership declaration; and (B) the employer gives written notice to the board that the employer agrees to the person’s continued membership in the scheme.\n- (A) the Minister includes the employer in a membership declaration; and\n- (B) the employer gives written notice to the board that the employer agrees to the person’s continued membership in the scheme.\n- (i) the person ceases to be an employee of a unit of the State public sector and becomes an employee of another entity that is not a unit of the State public sector;\n- (ii) the person’s employer ceases to be a unit of the State public sector and the person continues to be an employee of the employer; and\n- (i) the relevant event happens under an Act that provides that, on the happening of the relevant event, the person keeps all the person’s existing and accruing rights relating to superannuation;\n- (ii) the Minister declares, by gazette notice, that on the happening of the relevant event the person keeps all the person’s existing and accruing rights relating to superannuation;\n- (iii) both— (A) the Minister includes the employer in a membership declaration; and (B) the employer gives written notice to the board that the employer agrees to the person’s continued membership in the scheme.\n- (A) the Minister includes the employer in a membership declaration; and\n- (B) the employer gives written notice to the board that the employer agrees to the person’s continued membership in the scheme.\n- (A) the Minister includes the employer in a membership declaration; and\n- (B) the employer gives written notice to the board that the employer agrees to the person’s continued membership in the scheme.","sortOrder":27},{"sectionNumber":"sec.11A","sectionType":"section","heading":null,"content":"### Section sec.11A\n\ns 11A ins 2007 No. 7 s 16\nom 2007 No. 58 s 109","sortOrder":28},{"sectionNumber":"sec.12","sectionType":"section","heading":"Continuation of membership","content":"### sec.12 Continuation of membership\n\nThe person’s membership in the scheme continues after the relevant event in the same category and subject to the same conditions as applied before the relevant event.\nTo remove any doubt, it is declared that—\nthe person’s membership in the scheme may end under this Act other than because of the happening of the relevant event; and\nif subsection (1) applies to a person who is a member in the standard defined benefit category—the person’s membership or entitlement to membership of the standard defined benefit category is unaffected by the happening of the relevant event.\nSubsection (2) applies for the circumstances mentioned in section 11 (c) (ii) from when the relevant event happens, even if the gazette notice mentioned in that section is published after the relevant event happens.\ns 12 prev s 12 amd 1993 No. 11 s 45 sch 3 ; 2007 No. 7 s 17\nom 2021 No. 20 s 14\npres s 12 (prev s 14D) ins 2016 No. 64 s 62\namd 2021 No. 20 s 20 (1) – (2)\nrenum 2021 No. 20 s 20 (3)\n(sec.12-ssec.1) The person’s membership in the scheme continues after the relevant event in the same category and subject to the same conditions as applied before the relevant event.\n(sec.12-ssec.2) To remove any doubt, it is declared that— the person’s membership in the scheme may end under this Act other than because of the happening of the relevant event; and if subsection (1) applies to a person who is a member in the standard defined benefit category—the person’s membership or entitlement to membership of the standard defined benefit category is unaffected by the happening of the relevant event.\n(sec.12-ssec.3) Subsection (2) applies for the circumstances mentioned in section 11 (c) (ii) from when the relevant event happens, even if the gazette notice mentioned in that section is published after the relevant event happens.\n- (a) the person’s membership in the scheme may end under this Act other than because of the happening of the relevant event; and\n- (b) if subsection (1) applies to a person who is a member in the standard defined benefit category—the person’s membership or entitlement to membership of the standard defined benefit category is unaffected by the happening of the relevant event.","sortOrder":29},{"sectionNumber":"sec.12A","sectionType":"section","heading":null,"content":"### Section sec.12A\n\ns 12A ins 1997 No. 21 s 10\namd 2016 No. 64 s 59\nom 2021 No. 20 s 14","sortOrder":30},{"sectionNumber":"sec.13","sectionType":"section","heading":"Employer may not revoke agreement","content":"### sec.13 Employer may not revoke agreement\n\nAn employer who gives a notice under section 11 (c) (iii) (B) may not revoke the notice.\ns 13 prev s 13 sub 1991 No. 11 s 7 0.5\namd 1991 No. 97 s 3 sch 2 ; 1993 No. 11 s 45 sch 3\nsub 1995 No. 27 s 64\namd 1997 No. 21 s 11; 1999 No. 28 s 3 (1) – (3) ; 2000 No. 52 s 40 ; 2002 No. 66 s 28 ; 2002 No. 74 s 90 sch ; 2004 No. 42 s 27 ; 2007 No. 7 s 18 ; 2009 No. 11 s 4\nom 2016 No. 64 s 60\npres s 13 (prev s 14E) ins 2016 No. 64 s 62\namd 2021 No. 20 s 21 (1)\nrenum 2021 No. 20 s 21 (2)","sortOrder":31},{"sectionNumber":"sec.13A","sectionType":"section","heading":null,"content":"### Section sec.13A\n\ns 13A ins 2000 No. 52 s 41\namd 2009 No. 11 s 5 ; 2010 No. 11 s 107\nom 2016 No. 64 s 60","sortOrder":32},{"sectionNumber":"sec.13AA","sectionType":"section","heading":null,"content":"### Section sec.13AA\n\ns 13AA ins 2009 No. 11 s 6\namd 2010 No. 11 s 108\nom 2016 No. 64 s 60","sortOrder":33},{"sectionNumber":"sec.13B","sectionType":"section","heading":null,"content":"### Section sec.13B\n\ns 13B ins 2000 No. 52 s 41\namd 2002 No. 66 s 29\nom 2016 No. 64 s 60","sortOrder":34},{"sectionNumber":"sec.14","sectionType":"section","heading":"Minister’s power to declare particular matters unaffected","content":"### sec.14 Minister’s power to declare particular matters unaffected\n\nNothing in this division prevents the Minister from—\ndeclaring the person’s employer to be a unit of the State public sector under section 4 ; or\ndeclaring matters about the person’s membership in the scheme under section 10 .\nHowever, a declaration under section 10 about the person’s membership in the scheme must be consistent with section 12 .\ns 14 prev s 14 amd 2001 No. 31 s 48 sch ; 2016 No. 64 s 61\nom 2021 No. 20 s 14\npres s 14 (prev s 14F) ins 2016 No. 64 s 62\namd 2021 No. 20 s 22 (1) – (3)\nrenum 2021 No. 20 s 22 (4)\n(sec.14-ssec.1) Nothing in this division prevents the Minister from— declaring the person’s employer to be a unit of the State public sector under section 4 ; or declaring matters about the person’s membership in the scheme under section 10 .\n(sec.14-ssec.2) However, a declaration under section 10 about the person’s membership in the scheme must be consistent with section 12 .\n- (a) declaring the person’s employer to be a unit of the State public sector under section 4 ; or\n- (b) declaring matters about the person’s membership in the scheme under section 10 .","sortOrder":35},{"sectionNumber":"sec.14A","sectionType":"section","heading":null,"content":"### Section sec.14A\n\ns 14A ins 2016 No. 64 s 62\nom 2021 No. 20 s 16","sortOrder":36},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Continued membership in standard defined benefit category by State public sector employees","content":"## Continued membership in standard defined benefit category by State public sector employees","sortOrder":37},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application of division","content":"### sec.15 Application of division\n\nThis division applies in relation to a member of the scheme in the standard defined benefit category.\nOn 12 November 2008, the standard defined benefit category was closed to persons who were not already members of the scheme in that category immediately before that day. See—\npart 5B of this Act, as in force before its repeal by the Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021 , for the closure of the standard defined benefit category to new members; and\nthe Revenue and Other Legislation Amendment Act (No. 2) 2008 , sections 2 (14) and 125 for the commencement of part 5B of this Act as in force before its repeal; and\nsection 67 for the continued effect of part 5B of this Act as in force before its repeal.\ns 15 prev s 15 ins 1995 No. 27 s 65\namd 1997 No. 21 s 12 ; 1999 No. 28 s 4\nsub 1996 No. 52 s 6\namd 2000 No. 52 ss 41 , 42 ; 2016 No. 63 s 1157 sch 6\nsub 2016 No. 64 s 62\nom 2021 No. 20 s 25\npres s 15 ins 2021 No. 20 s 23\n- (a) part 5B of this Act, as in force before its repeal by the Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021 , for the closure of the standard defined benefit category to new members; and\n- (b) the Revenue and Other Legislation Amendment Act (No. 2) 2008 , sections 2 (14) and 125 for the commencement of part 5B of this Act as in force before its repeal; and\n- (c) section 67 for the continued effect of part 5B of this Act as in force before its repeal.","sortOrder":38},{"sectionNumber":"sec.15D","sectionType":"section","heading":null,"content":"### Section sec.15D\n\ns 15D ins 1996 No. 52 s 6\namd 1997 No. 21 s 16\nsub 2016 No. 64 s 62\namd 2021 No. 20 s 4\nom 2021 No. 20 s 29","sortOrder":39},{"sectionNumber":"sec.15DA","sectionType":"section","heading":null,"content":"### Section sec.15DA\n\ns 15DA ins 2021 No. 20 s 5\nom 2021 No. 20 s 29","sortOrder":40},{"sectionNumber":"sec.15F","sectionType":"section","heading":null,"content":"### Section sec.15F\n\ns 15F ins 1999 No. 74 s 14\nom 2016 No. 64 s 62","sortOrder":41},{"sectionNumber":"sec.15G","sectionType":"section","heading":null,"content":"### Section sec.15G\n\ns 15G ins 1999 No. 74 s 14\namd 2004 No. 42 s 28 ; 2005 No. 60 s 35 sch 1\nom 2016 No. 64 s 62","sortOrder":42},{"sectionNumber":"sec.15H","sectionType":"section","heading":null,"content":"### Section sec.15H\n\ns 15H ins 1999 No. 74 s 14\namd 2000 No. 52 s 43\nom 2016 No. 64 s 62","sortOrder":43},{"sectionNumber":"sec.16","sectionType":"section","heading":"Membership taken to continue in particular circumstances","content":"### sec.16 Membership taken to continue in particular circumstances\n\nThis section applies if—\na person who is a member of the standard defined benefit category in relation to employment with a particular unit of the State public sector stops being employed by that unit; and\nwithin 1 month after ceasing the employment mentioned in paragraph (a) , the person starts employment with the same or another unit of the State public sector (the new employment ); and\nthe person is eligible for membership in the standard defined benefit category in relation to the new employment; and\nthe person has not made a withdrawal from the member’s accumulation account in relation to a defined benefit credited to the account under the terms of the deed governing the standard defined benefit category.\nThe person’s membership in the standard defined benefit category continues until it ends under the deed.\ns 16 prev s 16 om 1997 No. 21 s 17\npres s 16 (prev s 32P) ins 2008 No. 75 s 125 (retro)\namd 2021 No. 20 s 50 (1) – (2)\nreloc and renum 2021 No. 20 s 50 (3)\n(sec.16-ssec.1) This section applies if— a person who is a member of the standard defined benefit category in relation to employment with a particular unit of the State public sector stops being employed by that unit; and within 1 month after ceasing the employment mentioned in paragraph (a) , the person starts employment with the same or another unit of the State public sector (the new employment ); and the person is eligible for membership in the standard defined benefit category in relation to the new employment; and the person has not made a withdrawal from the member’s accumulation account in relation to a defined benefit credited to the account under the terms of the deed governing the standard defined benefit category.\n(sec.16-ssec.2) The person’s membership in the standard defined benefit category continues until it ends under the deed.\n- (a) a person who is a member of the standard defined benefit category in relation to employment with a particular unit of the State public sector stops being employed by that unit; and\n- (b) within 1 month after ceasing the employment mentioned in paragraph (a) , the person starts employment with the same or another unit of the State public sector (the new employment ); and\n- (c) the person is eligible for membership in the standard defined benefit category in relation to the new employment; and\n- (d) the person has not made a withdrawal from the member’s accumulation account in relation to a defined benefit credited to the account under the terms of the deed governing the standard defined benefit category.","sortOrder":44},{"sectionNumber":"pt.4","sectionType":"part","heading":"Choice of fund provisions","content":"# Choice of fund provisions","sortOrder":45},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Choice of fund for core government employees","content":"## Choice of fund for core government employees","sortOrder":46},{"sectionNumber":"sec.17","sectionType":"section","heading":"Core government employees","content":"### sec.17 Core government employees\n\nThe Minister may, by written notice, declare the State public sector employees who are core government employees for this Act.\nA notice under subsection (1) is subordinate legislation.\ns 17 orig s 17 amd 1999 No. 28 s 5 ; 2000 No. 52 s 44 ; 2007 No. 7 s 20\nom 2021 No. 20 s 40\nprev s 17 (prev s 15A) ins 1996 No. 52 s 6\nom 1997 No. 21 s 13\npres s 17 ins 2016 No. 64 s 62\namd 2021 No. 20 s 26 (1)\nrenum 2021 No. 20 s 26 (2)\n(sec.17-ssec.1) The Minister may, by written notice, declare the State public sector employees who are core government employees for this Act.\n(sec.17-ssec.2) A notice under subsection (1) is subordinate legislation.","sortOrder":47},{"sectionNumber":"sec.18","sectionType":"section","heading":"Scheme is default fund for core government employees","content":"### sec.18 Scheme is default fund for core government employees\n\nUnless a core government employee gives a direction under section 19 , the employee’s employer must pay the contributions payable for the employee into the scheme.\ns 18 prev s 18 amd 1995 No. 27 s 66 ; 1996 No. 52 s 6 ; 2007 No. 7 s 21\nom 2021 No. 20 s 40\npres s 18 (prev s 15B) ins 1996 No. 52 s 6\namd 1997 No. 21 s 14\nsub 2016 No. 64 s 62\namd 2021 No. 20 s 27 (1)\nrenum 2021 No. 20 s 27 (2)","sortOrder":48},{"sectionNumber":"sec.19","sectionType":"section","heading":"Core government employee may choose another fund","content":"### sec.19 Core government employee may choose another fund\n\nA core government employee may, by written notice given to the employee’s employer, direct the employee’s employer to pay the contributions payable for the employee into a fund other than the scheme.\nSee the Superannuation Guarantee (Administration) Act 1992 (Cwlth) for employer obligations relating to an employee’s choice of fund.\nThis section does not apply in relation to a core government employee’s membership in a government defined benefit category.\ns 19 (prev s 15C) ins 1996 No. 52 s 6\namd 1997 No. 21 s 15\nsub 2016 No. 64 s 62\namd 2021 No. 20 s 28 (1)\nrenum 2021 No. 20 s 28 (2)\n(sec.19-ssec.1) A core government employee may, by written notice given to the employee’s employer, direct the employee’s employer to pay the contributions payable for the employee into a fund other than the scheme. See the Superannuation Guarantee (Administration) Act 1992 (Cwlth) for employer obligations relating to an employee’s choice of fund.\n(sec.19-ssec.2) This section does not apply in relation to a core government employee’s membership in a government defined benefit category.","sortOrder":49},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Scheme as default fund for particular employees","content":"## Scheme as default fund for particular employees","sortOrder":50},{"sectionNumber":"sec.20","sectionType":"section","heading":"Scheme is default fund for particular employees","content":"### sec.20 Scheme is default fund for particular employees\n\nThis section applies to the following employees—\na State public sector employee—\nwhose membership of the scheme is the subject of a membership declaration; and\nwho is not a core government employee or an employee for whom membership in the scheme is compulsory under a declaration under section 10 (1) (c) ; and\nwhose employer has not nominated a fund other than the scheme to be the default fund for the employee;\na State public sector employee whose membership of the scheme is not the subject of a membership declaration, or an employee of an entity that is not a unit of the State public sector, whose employer has a written agreement with the board providing that the scheme is the default fund for the employee.\nThe scheme is the default fund for the employee.\ns 20 prev s 20 amd 2007 No. 7 s 22\nom 2021 No. 20 s 41\npres s 20 (prev s 15E) ins 1999 No. 74 s 14\nsub 2016 No. 64 s 62\namd 2021 No. 20 s 30 (1) – (3) , (5)\nrenum 2021 No. 20 s 30 (6)\n(sec.20-ssec.1) This section applies to the following employees— a State public sector employee— whose membership of the scheme is the subject of a membership declaration; and who is not a core government employee or an employee for whom membership in the scheme is compulsory under a declaration under section 10 (1) (c) ; and whose employer has not nominated a fund other than the scheme to be the default fund for the employee; a State public sector employee whose membership of the scheme is not the subject of a membership declaration, or an employee of an entity that is not a unit of the State public sector, whose employer has a written agreement with the board providing that the scheme is the default fund for the employee.\n(sec.20-ssec.2) The scheme is the default fund for the employee.\n- (a) a State public sector employee— (i) whose membership of the scheme is the subject of a membership declaration; and (ii) who is not a core government employee or an employee for whom membership in the scheme is compulsory under a declaration under section 10 (1) (c) ; and (iii) whose employer has not nominated a fund other than the scheme to be the default fund for the employee;\n- (i) whose membership of the scheme is the subject of a membership declaration; and\n- (ii) who is not a core government employee or an employee for whom membership in the scheme is compulsory under a declaration under section 10 (1) (c) ; and\n- (iii) whose employer has not nominated a fund other than the scheme to be the default fund for the employee;\n- (b) a State public sector employee whose membership of the scheme is not the subject of a membership declaration, or an employee of an entity that is not a unit of the State public sector, whose employer has a written agreement with the board providing that the scheme is the default fund for the employee.\n- (i) whose membership of the scheme is the subject of a membership declaration; and\n- (ii) who is not a core government employee or an employee for whom membership in the scheme is compulsory under a declaration under section 10 (1) (c) ; and\n- (iii) whose employer has not nominated a fund other than the scheme to be the default fund for the employee;","sortOrder":51},{"sectionNumber":"sec.20A","sectionType":"section","heading":null,"content":"### Section sec.20A\n\ns 20A ins 2004 No. 42 s 29\namd 2007 No. 7 s 23 ; 2016 No. 64 s 64\nom 2021 No. 20 s 42","sortOrder":52},{"sectionNumber":"pt.4A","sectionType":"part","heading":null,"content":"","sortOrder":53},{"sectionNumber":"pt.4B","sectionType":"part","heading":null,"content":"","sortOrder":54},{"sectionNumber":"pt.5","sectionType":"part","heading":"Compulsory contributions for State public sector employees","content":"# Compulsory contributions for State public sector employees","sortOrder":55},{"sectionNumber":"sec.21","sectionType":"section","heading":"Application of part","content":"### sec.21 Application of part\n\nThis part applies in relation to a State public sector employee mentioned in a membership declaration, other than an employee who is a government defined benefit member.\ns 21 prev s 21 amd 1991 No. 11 s 7 .9; 1997 No. 21 s 18 ; 2016 No. 64 s 65\nom 2021 No. 20 s 42\npres s 21 ins 2021 No. 20 s 31","sortOrder":56},{"sectionNumber":"sec.22","sectionType":"section","heading":"Meaning of chosen fund","content":"### sec.22 Meaning of chosen fund\n\nA State public sector employee’s chosen fund is—\nfor a core government employee—\nif the employee has given a notice under section 19 —the fund the subject of the notice; or\notherwise—the scheme; or\nfor a State public sector employee for whom membership in the scheme is compulsory under a declaration under section 10 (1) (c) —the scheme; or\nfor another State public sector employee—\nif the employee has given the employer a written notice stating the employee wants a fund other than the employee’s default fund to be the person’s chosen fund under the Superannuation Guarantee (Administration) Act 1992 (Cwlth) —the person’s chosen fund under that Act; or\notherwise—the default fund for the employee.\nFor particular State public sector employees to whom paragraph (c) applies, the employee’s default fund is the scheme—see section 20 .\ns 22 prev s 22 amd 1997 No. 21 s 19 ; 1997 No. 81 s 3 sch\nom 2016 No. 64 s 66\npres s 22 ins 2021 No. 20 s 31\n- (a) for a core government employee— (i) if the employee has given a notice under section 19 —the fund the subject of the notice; or (ii) otherwise—the scheme; or\n- (i) if the employee has given a notice under section 19 —the fund the subject of the notice; or\n- (ii) otherwise—the scheme; or\n- (b) for a State public sector employee for whom membership in the scheme is compulsory under a declaration under section 10 (1) (c) —the scheme; or\n- (c) for another State public sector employee— (i) if the employee has given the employer a written notice stating the employee wants a fund other than the employee’s default fund to be the person’s chosen fund under the Superannuation Guarantee (Administration) Act 1992 (Cwlth) —the person’s chosen fund under that Act; or (ii) otherwise—the default fund for the employee. Note— For particular State public sector employees to whom paragraph (c) applies, the employee’s default fund is the scheme—see section 20 .\n- (i) if the employee has given the employer a written notice stating the employee wants a fund other than the employee’s default fund to be the person’s chosen fund under the Superannuation Guarantee (Administration) Act 1992 (Cwlth) —the person’s chosen fund under that Act; or\n- (ii) otherwise—the default fund for the employee.\n- (i) if the employee has given a notice under section 19 —the fund the subject of the notice; or\n- (ii) otherwise—the scheme; or\n- (i) if the employee has given the employer a written notice stating the employee wants a fund other than the employee’s default fund to be the person’s chosen fund under the Superannuation Guarantee (Administration) Act 1992 (Cwlth) —the person’s chosen fund under that Act; or\n- (ii) otherwise—the default fund for the employee.","sortOrder":57},{"sectionNumber":"sec.23","sectionType":"section","heading":"Compulsory contributions by employers and employees","content":"### sec.23 Compulsory contributions by employers and employees\n\nA unit of the State public sector must pay contributions for each of its employees into the employee’s chosen fund at the rate and frequency prescribed by regulation.\nA State public sector employee must pay contributions into the employee’s chosen fund at the rate and frequency prescribed by regulation.\ns 23 prev s 23 sub 1995 No. 27 s 68\namd 2007 No. 7 s 24\nom 2021 No. 20 s 42\npres s 23 ins 2021 No. 20 s 31\n(sec.23-ssec.1) A unit of the State public sector must pay contributions for each of its employees into the employee’s chosen fund at the rate and frequency prescribed by regulation.\n(sec.23-ssec.2) A State public sector employee must pay contributions into the employee’s chosen fund at the rate and frequency prescribed by regulation.","sortOrder":58},{"sectionNumber":"sec.24","sectionType":"section","heading":"Deduction of compulsory employee contributions by employer","content":"### sec.24 Deduction of compulsory employee contributions by employer\n\nThe employer of a State public sector employee may—\ndeduct from the employee’s salary the contributions required under section 23 (2) ; and\npay the amount deducted under paragraph (a) into the employee’s chosen fund on behalf of the employee.\nThe employee is taken to have paid the contributions required under section 23 (2) into the employee’s chosen fund if the contributions are paid into the fund by the employer under subsection (1) .\ns 24 prev s 24 om 2021 No. 20 s 42\npres s 24 ins 2021 No. 20 s 31\n(sec.24-ssec.1) The employer of a State public sector employee may— deduct from the employee’s salary the contributions required under section 23 (2) ; and pay the amount deducted under paragraph (a) into the employee’s chosen fund on behalf of the employee.\n(sec.24-ssec.2) The employee is taken to have paid the contributions required under section 23 (2) into the employee’s chosen fund if the contributions are paid into the fund by the employer under subsection (1) .\n- (a) deduct from the employee’s salary the contributions required under section 23 (2) ; and\n- (b) pay the amount deducted under paragraph (a) into the employee’s chosen fund on behalf of the employee.","sortOrder":59},{"sectionNumber":"pt.5A","sectionType":"part","heading":null,"content":"","sortOrder":60},{"sectionNumber":"pt.5B","sectionType":"part","heading":"Closure of standard defined benefit category","content":"# Closure of standard defined benefit category","sortOrder":61},{"sectionNumber":"pt.6","sectionType":"part","heading":"Government defined benefit categories","content":"# Government defined benefit categories","sortOrder":62},{"sectionNumber":"sec.25","sectionType":"section","heading":"Application of part","content":"### sec.25 Application of part\n\nThis part applies in relation to members of the scheme in a government defined benefit category and their rights to superannuation or other benefits attributable to that category.\ns 25 prev s 25 om 1997 No. 21 s 20\npres s 25 ins 2021 No. 20 s 31","sortOrder":63},{"sectionNumber":"sec.26","sectionType":"section","heading":"Preservation of existing entitlements","content":"### sec.26 Preservation of existing entitlements\n\nThe trustee may amend the deed in a way that affects the rights to superannuation or other benefits of members only if—\nall of the following apply—\nthe trustee, acting on the advice of an actuary, believes the amendment will not affect the Treasurer’s contributions under section 31 ;\nthe amendment does not affect entitlements to defined benefits, or defined benefit contributions, of the members;\nthe Minister has been given written notice of the amendment; or\nthe Minister has consented to the amendment.\nIn this section—\ndefined benefit contributions means contributions to the scheme required under the deed by members in relation to their membership in a government defined benefit category.\ns 26 prev s 26 om 2021 No. 20 s 42\npres s 26 ins 2021 No. 20 s 31\n(sec.26-ssec.1) The trustee may amend the deed in a way that affects the rights to superannuation or other benefits of members only if— all of the following apply— the trustee, acting on the advice of an actuary, believes the amendment will not affect the Treasurer’s contributions under section 31 ; the amendment does not affect entitlements to defined benefits, or defined benefit contributions, of the members; the Minister has been given written notice of the amendment; or the Minister has consented to the amendment.\n(sec.26-ssec.2) In this section— defined benefit contributions means contributions to the scheme required under the deed by members in relation to their membership in a government defined benefit category.\n- (a) all of the following apply— (i) the trustee, acting on the advice of an actuary, believes the amendment will not affect the Treasurer’s contributions under section 31 ; (ii) the amendment does not affect entitlements to defined benefits, or defined benefit contributions, of the members; (iii) the Minister has been given written notice of the amendment; or\n- (i) the trustee, acting on the advice of an actuary, believes the amendment will not affect the Treasurer’s contributions under section 31 ;\n- (ii) the amendment does not affect entitlements to defined benefits, or defined benefit contributions, of the members;\n- (iii) the Minister has been given written notice of the amendment; or\n- (b) the Minister has consented to the amendment.\n- (i) the trustee, acting on the advice of an actuary, believes the amendment will not affect the Treasurer’s contributions under section 31 ;\n- (ii) the amendment does not affect entitlements to defined benefits, or defined benefit contributions, of the members;\n- (iii) the Minister has been given written notice of the amendment; or","sortOrder":64},{"sectionNumber":"sec.27","sectionType":"section","heading":"No compensation payable for lawful changes","content":"### sec.27 No compensation payable for lawful changes\n\nNo member is entitled to any compensation for any change of a superannuation or other benefit payable to the member, under the scheme, to the extent the change is—\nmade under section 26 ; or\notherwise lawfully made because of an actuarial investigation.\ns 27 prev s 27 om 2008 No. 75 s 120\npres s 27 ins 2021 No. 20 s 31\n- (a) made under section 26 ; or\n- (b) otherwise lawfully made because of an actuarial investigation.","sortOrder":65},{"sectionNumber":"sec.28","sectionType":"section","heading":"Investment manager for defined benefit assets","content":"### sec.28 Investment manager for defined benefit assets\n\nThe Minister may give the trustee a written notice (an approval notice ) stating each person who is an approved investment manager for the investment of defined benefit assets.\nThe Minister may include a person in an approval notice—\nonly if the person is appropriately qualified; and\nonly after consulting the person and the trustee.\nAn approval notice takes effect in relation to a person included in the notice on the day stated in the notice.\nIf the Minister has given an approval notice, the trustee—\nmust appoint a defined benefits investment manager; and\nmay appoint only an approved investment manager to be a defined benefits investment manager.\nThe defined benefits investment manager must invest defined benefit assets in a way that is consistent with—\nthe deed; and\nthe investment objectives, strategies or policies set by the trustee for the investment of the assets; and\nthis Act, the Superannuation Industry (Supervision) Act 1993 (Cwlth) and any other law.\nIn this section—\ndefined benefit assets means the assets of the scheme fund attributable to a government defined benefit category.\ndefined benefits investment manager means the investment manager, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwlth) , who invests defined benefit assets under the deed.\ns 28 ins 2021 No. 20 s 31\n(sec.28-ssec.1) The Minister may give the trustee a written notice (an approval notice ) stating each person who is an approved investment manager for the investment of defined benefit assets.\n(sec.28-ssec.2) The Minister may include a person in an approval notice— only if the person is appropriately qualified; and only after consulting the person and the trustee.\n(sec.28-ssec.3) An approval notice takes effect in relation to a person included in the notice on the day stated in the notice.\n(sec.28-ssec.4) If the Minister has given an approval notice, the trustee— must appoint a defined benefits investment manager; and may appoint only an approved investment manager to be a defined benefits investment manager.\n(sec.28-ssec.5) The defined benefits investment manager must invest defined benefit assets in a way that is consistent with— the deed; and the investment objectives, strategies or policies set by the trustee for the investment of the assets; and this Act, the Superannuation Industry (Supervision) Act 1993 (Cwlth) and any other law.\n(sec.28-ssec.6) In this section— defined benefit assets means the assets of the scheme fund attributable to a government defined benefit category. defined benefits investment manager means the investment manager, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwlth) , who invests defined benefit assets under the deed.\n- (a) only if the person is appropriately qualified; and\n- (b) only after consulting the person and the trustee.\n- (a) must appoint a defined benefits investment manager; and\n- (b) may appoint only an approved investment manager to be a defined benefits investment manager.\n- (a) the deed; and\n- (b) the investment objectives, strategies or policies set by the trustee for the investment of the assets; and\n- (c) this Act, the Superannuation Industry (Supervision) Act 1993 (Cwlth) and any other law.","sortOrder":66},{"sectionNumber":"sec.29","sectionType":"section","heading":"Contributions by units","content":"### sec.29 Contributions by units\n\nThe Treasurer may require a unit of the State public sector to pay, for each member of the scheme employed by the unit, the amount the Treasurer decides is necessary to provide for the payment of benefits to the member under the scheme.\nThe unit must pay the amount within 1 week after the end of each pay period for the member or, for a payment other than a periodic payment, by the time stated by the Treasurer.\nIf the amount is not paid within the time required under subsection (2) , interest accrues on the outstanding amount at the rate prescribed by regulation.\nSubsection (5) applies if—\nthe amount is paid within the time required under subsection (2) ; and\nthe trustee can not pay the amount or a part of the amount into the member’s appropriate account because information received for the member, from the unit of the State public sector, is not accurate or complete.\nInterest accrues on the amount that can not be paid into the member’s appropriate account—\nat the rate prescribed by regulation; and\nfor the period in which the amount can not be paid into the account.\nThe amount mentioned in subsection (1) , and interest that accrues under subsection (3) or (5) , must be paid—\nif a regulation requires payment to the trustee—to the trustee; or\notherwise—to the Treasurer.\nIn this section—\nmember’s appropriate account , in relation to an amount received for a member of the scheme, means the member’s account under the scheme into which the amount must be paid under the deed.\ns 29 prev s 29 amd 1999 No. 29 s 50 sch; 2008 No. 75 s 122\nom 2021 No. 20 s 45\npres s 29 (prev s 28) ins 1991 No. 11 s 7 0.11\nsub 1997 No. 21 s 21\namd 2000 No. 52 s 45 ; 2004 No. 42 s 30 ; 2008 No. 75 s 121 ; 2016 No. 64 s 67 ; 2021 No. 20 s 43 (1) – (5)\nreloc and renum 2021 No. 20 s 43 (6)\n(sec.29-ssec.1) The Treasurer may require a unit of the State public sector to pay, for each member of the scheme employed by the unit, the amount the Treasurer decides is necessary to provide for the payment of benefits to the member under the scheme.\n(sec.29-ssec.2) The unit must pay the amount within 1 week after the end of each pay period for the member or, for a payment other than a periodic payment, by the time stated by the Treasurer.\n(sec.29-ssec.3) If the amount is not paid within the time required under subsection (2) , interest accrues on the outstanding amount at the rate prescribed by regulation.\n(sec.29-ssec.4) Subsection (5) applies if— the amount is paid within the time required under subsection (2) ; and the trustee can not pay the amount or a part of the amount into the member’s appropriate account because information received for the member, from the unit of the State public sector, is not accurate or complete.\n(sec.29-ssec.5) Interest accrues on the amount that can not be paid into the member’s appropriate account— at the rate prescribed by regulation; and for the period in which the amount can not be paid into the account.\n(sec.29-ssec.6) The amount mentioned in subsection (1) , and interest that accrues under subsection (3) or (5) , must be paid— if a regulation requires payment to the trustee—to the trustee; or otherwise—to the Treasurer.\n(sec.29-ssec.7) In this section— member’s appropriate account , in relation to an amount received for a member of the scheme, means the member’s account under the scheme into which the amount must be paid under the deed.\n- (a) the amount is paid within the time required under subsection (2) ; and\n- (b) the trustee can not pay the amount or a part of the amount into the member’s appropriate account because information received for the member, from the unit of the State public sector, is not accurate or complete.\n- (a) at the rate prescribed by regulation; and\n- (b) for the period in which the amount can not be paid into the account.\n- (a) if a regulation requires payment to the trustee—to the trustee; or\n- (b) otherwise—to the Treasurer.","sortOrder":67},{"sectionNumber":"sec.30","sectionType":"section","heading":"Adjustment of multiples for particular standard defined benefit members","content":"### sec.30 Adjustment of multiples for particular standard defined benefit members\n\nThis section applies to an employed member or former employed member in the standard defined benefit category if—\nthe member’s salary as at an annual review date is higher than the member’s previous annual review date salary; and\nthe government superannuation officer appointed under section 33 , on the advice of an actuary, believes the increase in salary is, or includes, an unremunerative increase.\nThe government superannuation officer may decide—\nthat a relevant accrued multiple for the member, as at the annual review date, be an amount recommended by an actuary that—\nexcludes the effect of the unremunerative increase; and\ndoes not otherwise affect the member’s benefits in the standard defined benefit category at the annual review date; or\nSee also the Superannuation Industry (Supervision) Regulations 1994 (Cwlth) , regulation 13.16.\nnot to take any action under this section in relation to the unremunerative increase.\nBefore making a decision under subsection (2) , the government superannuation officer must consult with the trustee and the chief executive.\nThe government superannuation officer’s decision under subsection (2) applies despite any other provision of this Act and anything in the deed.\nEach of the following terms used in this section have the meaning given by the deed—\nannual review date\nannual review date salary\nemployed member\nsalary\nFor part 7 , the government superannuation officer’s functions include the functions under this section.\nIn this section—\nrelevant accrued multiple , for an employed member or former employed member, means a multiple used to work out a voluntary exit benefit for the member at an annual review date.\ntotal remuneration , of an employed member or former employed member, means the total remuneration paid for the member’s services, including salary and sums paid by way of fees or allowances.\nunremunerative increase , in relation to an employed member’s or former employed member’s salary, means an increase in salary that is not related to an increase in the member’s total remuneration.\nvoluntary exit benefit , for an employed member or former employed member, means a benefit of the member in the standard defined benefit category under the deed that is—\na benefit on age retirement for a member who has reached the age of 55 years; or\na benefit on withdrawal for a member who is under the age of 55 years.\ns 30 prev s 30 amd 2000 No. 52 s 46 ; 2004 No. 42 s 31 ; 2005 No. 60 s 35 sch 1\nom 2021 No. 20 s 47\npres s 30 (prev s 28A) ins 2016 No. 64 s 68\namd 2021 No. 20 s 44 (1) – (7)\nreloc and renum 2021 No. 20 s 44 (8)\n(sec.30-ssec.1) This section applies to an employed member or former employed member in the standard defined benefit category if— the member’s salary as at an annual review date is higher than the member’s previous annual review date salary; and the government superannuation officer appointed under section 33 , on the advice of an actuary, believes the increase in salary is, or includes, an unremunerative increase.\n(sec.30-ssec.2) The government superannuation officer may decide— that a relevant accrued multiple for the member, as at the annual review date, be an amount recommended by an actuary that— excludes the effect of the unremunerative increase; and does not otherwise affect the member’s benefits in the standard defined benefit category at the annual review date; or See also the Superannuation Industry (Supervision) Regulations 1994 (Cwlth) , regulation 13.16. not to take any action under this section in relation to the unremunerative increase.\n(sec.30-ssec.3) Before making a decision under subsection (2) , the government superannuation officer must consult with the trustee and the chief executive.\n(sec.30-ssec.4) The government superannuation officer’s decision under subsection (2) applies despite any other provision of this Act and anything in the deed.\n(sec.30-ssec.5) Each of the following terms used in this section have the meaning given by the deed— annual review date annual review date salary employed member salary\n(sec.30-ssec.6) For part 7 , the government superannuation officer’s functions include the functions under this section.\n(sec.30-ssec.7) In this section— relevant accrued multiple , for an employed member or former employed member, means a multiple used to work out a voluntary exit benefit for the member at an annual review date. total remuneration , of an employed member or former employed member, means the total remuneration paid for the member’s services, including salary and sums paid by way of fees or allowances. unremunerative increase , in relation to an employed member’s or former employed member’s salary, means an increase in salary that is not related to an increase in the member’s total remuneration. voluntary exit benefit , for an employed member or former employed member, means a benefit of the member in the standard defined benefit category under the deed that is— a benefit on age retirement for a member who has reached the age of 55 years; or a benefit on withdrawal for a member who is under the age of 55 years.\n- (a) the member’s salary as at an annual review date is higher than the member’s previous annual review date salary; and\n- (b) the government superannuation officer appointed under section 33 , on the advice of an actuary, believes the increase in salary is, or includes, an unremunerative increase.\n- (a) that a relevant accrued multiple for the member, as at the annual review date, be an amount recommended by an actuary that— (i) excludes the effect of the unremunerative increase; and (ii) does not otherwise affect the member’s benefits in the standard defined benefit category at the annual review date; or Note— See also the Superannuation Industry (Supervision) Regulations 1994 (Cwlth) , regulation 13.16.\n- (i) excludes the effect of the unremunerative increase; and\n- (ii) does not otherwise affect the member’s benefits in the standard defined benefit category at the annual review date; or Note— See also the Superannuation Industry (Supervision) Regulations 1994 (Cwlth) , regulation 13.16.\n- (b) not to take any action under this section in relation to the unremunerative increase.\n- (i) excludes the effect of the unremunerative increase; and\n- (ii) does not otherwise affect the member’s benefits in the standard defined benefit category at the annual review date; or Note— See also the Superannuation Industry (Supervision) Regulations 1994 (Cwlth) , regulation 13.16.\n- • annual review date\n- • annual review date salary\n- • employed member\n- • salary\n- (a) a benefit on age retirement for a member who has reached the age of 55 years; or\n- (b) a benefit on withdrawal for a member who is under the age of 55 years.","sortOrder":68},{"sectionNumber":"sec.30A","sectionType":"section","heading":null,"content":"### Section sec.30A\n\ns 30A ins 1997 No. 21 s 22\namd 2007 No. 7 s 25\nom 2021 No. 20 s 47","sortOrder":69},{"sectionNumber":"sec.30B","sectionType":"section","heading":null,"content":"### Section sec.30B\n\ns 30B ins 1997 No. 21 s 22\namd 2007 No. 7 s 25A\nom 2021 No. 20 s 47","sortOrder":70},{"sectionNumber":"sec.30D","sectionType":"section","heading":null,"content":"### Section sec.30D\n\ns 30D ins 2000 No. 52 s 47\nom 2016 No. 64 s 69","sortOrder":71},{"sectionNumber":"sec.31","sectionType":"section","heading":"State’s contribution from consolidated fund","content":"### sec.31 State’s contribution from consolidated fund\n\nThe Treasurer must make, on behalf of the State, the following contributions to the scheme fund—\ncontributions to satisfy defined benefits that become payable to government defined benefit members under the deed;\nany other contributions the Treasurer considers necessary for the efficient and effective operation of the scheme in relation to government defined benefit members.\nThe amounts of the contributions payable under subsection (1) (a) are the amounts decided by the trustee on the advice of an actuary.\nThe amounts of the contributions payable under subsection (1) (b) are the amounts decided by the Treasurer in consultation with the trustee.\nThe contributions under subsection (1) in a financial year must be at least the amount required to meet defined benefits under the deed that become payable in the financial year less—\nany share of the defined benefits satisfied by contributions already made to the scheme fund by the Treasurer under this section or former section 29 ; and\nany share of the defined benefits satisfied by—\ncontributions already made by the government defined benefit members to whom the defined benefits are payable; and\naccumulated interest on the contributions mentioned in subparagraph (i) .\nA contribution under subsection (1) must be paid out of the consolidated fund, which is appropriated accordingly.\nIn this section—\naccumulated interest , on contributions made by a government defined benefit member, means interest credited to the member’s account under the deed that is attributable to the amount of the contributions.\nformer section 29 means section 29 of this Act as in force before the commencement.\ns 31 ins 2021 No. 20 s 31\n(sec.31-ssec.1) The Treasurer must make, on behalf of the State, the following contributions to the scheme fund— contributions to satisfy defined benefits that become payable to government defined benefit members under the deed; any other contributions the Treasurer considers necessary for the efficient and effective operation of the scheme in relation to government defined benefit members.\n(sec.31-ssec.2) The amounts of the contributions payable under subsection (1) (a) are the amounts decided by the trustee on the advice of an actuary.\n(sec.31-ssec.3) The amounts of the contributions payable under subsection (1) (b) are the amounts decided by the Treasurer in consultation with the trustee.\n(sec.31-ssec.4) The contributions under subsection (1) in a financial year must be at least the amount required to meet defined benefits under the deed that become payable in the financial year less— any share of the defined benefits satisfied by contributions already made to the scheme fund by the Treasurer under this section or former section 29 ; and any share of the defined benefits satisfied by— contributions already made by the government defined benefit members to whom the defined benefits are payable; and accumulated interest on the contributions mentioned in subparagraph (i) .\n(sec.31-ssec.5) A contribution under subsection (1) must be paid out of the consolidated fund, which is appropriated accordingly.\n(sec.31-ssec.6) In this section— accumulated interest , on contributions made by a government defined benefit member, means interest credited to the member’s account under the deed that is attributable to the amount of the contributions. former section 29 means section 29 of this Act as in force before the commencement.\n- (a) contributions to satisfy defined benefits that become payable to government defined benefit members under the deed;\n- (b) any other contributions the Treasurer considers necessary for the efficient and effective operation of the scheme in relation to government defined benefit members.\n- (a) any share of the defined benefits satisfied by contributions already made to the scheme fund by the Treasurer under this section or former section 29 ; and\n- (b) any share of the defined benefits satisfied by— (i) contributions already made by the government defined benefit members to whom the defined benefits are payable; and (ii) accumulated interest on the contributions mentioned in subparagraph (i) .\n- (i) contributions already made by the government defined benefit members to whom the defined benefits are payable; and\n- (ii) accumulated interest on the contributions mentioned in subparagraph (i) .\n- (i) contributions already made by the government defined benefit members to whom the defined benefits are payable; and\n- (ii) accumulated interest on the contributions mentioned in subparagraph (i) .","sortOrder":72},{"sectionNumber":"sec.31A","sectionType":"section","heading":null,"content":"### Section sec.31A\n\ns 31A ins 2007 No. 7 s 26\namd 2007 No. 58 s 110 ; 2009 No. 25 s 83 sch\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":73},{"sectionNumber":"sec.31B","sectionType":"section","heading":null,"content":"### Section sec.31B\n\ns 31B ins 2007 No. 7 s 26\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":74},{"sectionNumber":"sec.31C","sectionType":"section","heading":null,"content":"### Section sec.31C\n\ns 31C ins 2009 No. 11 s 7\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":75},{"sectionNumber":"sec.31D","sectionType":"section","heading":null,"content":"### Section sec.31D\n\ns 31D ins 2009 No. 11 s 7\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":76},{"sectionNumber":"sec.31E","sectionType":"section","heading":null,"content":"### Section sec.31E\n\ns 31E ins 2009 No. 11 s 7\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":77},{"sectionNumber":"sec.31F","sectionType":"section","heading":null,"content":"### Section sec.31F\n\ns 31F ins 2009 No. 11 s 7\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":78},{"sectionNumber":"sec.32","sectionType":"section","heading":"State to hold assets in relation to defined benefit liabilities","content":"### sec.32 State to hold assets in relation to defined benefit liabilities\n\nThe State is to hold assets that are at least equal in value to the accrued liability of the State in relation to defined benefits, measured at least once every 3 years.\nFor subsection (1) , the accrued liability of the State in relation to defined benefits is the actuarial value of the accrued benefits of government defined benefit members less the value of the scheme fund that is attributed in an actuarial investigation to government defined benefit members.\nFor subsection (2) , the actuarial value of the accrued benefits of government defined benefit members is to be determined using the assumptions that are used in the actuarial investigation mentioned in the subsection to determine recommended contributions to the scheme fund.\ns 32 orig s 32 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 32 ins 1999 No. 27 s 76 sch 1 pt 3\ns 32 (prev s 31A) ins 2004 No. 42 s 32\nrenum 2004 No. 42 s 33 sch\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70\npres s 32 (prev s 29A) ins 2020 No. 29 s 24\namd 2021 No. 20 s 46 (1) – (3)\nreloc and renum 2021 No. 20 s 46 (4)\n(sec.32-ssec.1) The State is to hold assets that are at least equal in value to the accrued liability of the State in relation to defined benefits, measured at least once every 3 years.\n(sec.32-ssec.2) For subsection (1) , the accrued liability of the State in relation to defined benefits is the actuarial value of the accrued benefits of government defined benefit members less the value of the scheme fund that is attributed in an actuarial investigation to government defined benefit members.\n(sec.32-ssec.3) For subsection (2) , the actuarial value of the accrued benefits of government defined benefit members is to be determined using the assumptions that are used in the actuarial investigation mentioned in the subsection to determine recommended contributions to the scheme fund.","sortOrder":79},{"sectionNumber":"sec.32A","sectionType":"section","heading":null,"content":"### Section sec.32A\n\ns 32A ins 2007 No. 7 s 26A\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":80},{"sectionNumber":"sec.32B","sectionType":"section","heading":null,"content":"### Section sec.32B\n\ns 32B ins 2007 No. 7 s 26A\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":81},{"sectionNumber":"sec.32C","sectionType":"section","heading":null,"content":"### Section sec.32C\n\ns 32C ins 2007 No. 7 s 26A\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":82},{"sectionNumber":"sec.32D","sectionType":"section","heading":null,"content":"### Section sec.32D\n\ns 32D ins 2007 No. 7 s 26A\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":83},{"sectionNumber":"sec.32E","sectionType":"section","heading":null,"content":"### Section sec.32E\n\ns 32E ins 2007 No. 7 s 26A\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":84},{"sectionNumber":"sec.32F","sectionType":"section","heading":null,"content":"### Section sec.32F\n\ns 32F ins 2007 No. 7 s 26A\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":85},{"sectionNumber":"sec.32G","sectionType":"section","heading":null,"content":"### Section sec.32G\n\ns 32G ins 2007 No. 7 s 26A\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":86},{"sectionNumber":"sec.32H","sectionType":"section","heading":null,"content":"### Section sec.32H\n\ns 32H ins 2007 No. 7 s 26A\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":87},{"sectionNumber":"sec.32I","sectionType":"section","heading":null,"content":"### Section sec.32I\n\ns 32I ins 2007 No. 7 s 26A\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":88},{"sectionNumber":"sec.32J","sectionType":"section","heading":null,"content":"### Section sec.32J\n\ns 32J ins 2007 No. 7 s 26A\nom 2008 No. 75 s 123","sortOrder":89},{"sectionNumber":"sec.32K","sectionType":"section","heading":null,"content":"### Section sec.32K\n\ns 32K ins 2007 No. 7 s 26A\namd 2008 No. 75 s 124\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":90},{"sectionNumber":"sec.32L","sectionType":"section","heading":null,"content":"### Section sec.32L\n\ns 32L ins 2007 No. 7 s 26A\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 70","sortOrder":91},{"sectionNumber":"sec.32M","sectionType":"section","heading":null,"content":"### Section sec.32M\n\ns 32M ins 2008 No. 75 s 125 (retro)\nom 2021 No. 20 s 51","sortOrder":92},{"sectionNumber":"sec.32N","sectionType":"section","heading":null,"content":"### Section sec.32N\n\ns 32N ins 2008 No. 75 s 125 (retro)\nom 2021 No. 20 s 51","sortOrder":93},{"sectionNumber":"sec.32O","sectionType":"section","heading":null,"content":"### Section sec.32O\n\ns 32O ins 2008 No. 75 s 125 (retro)\nom 2021 No. 20 s 51","sortOrder":94},{"sectionNumber":"pt.7","sectionType":"part","heading":"Government superannuation officer","content":"# Government superannuation officer","sortOrder":95},{"sectionNumber":"sec.33","sectionType":"section","heading":"Appointment","content":"### sec.33 Appointment\n\nThere is to be a government superannuation officer (the officer ).\nThe officer is to be appointed by the Governor in Council.\nThe officer may be appointed under this Act or the Public Sector Act 2022 .\ns 33 (prev s 15I) ins 2007 No. 7 s 19\namd 2009 No. 25 s 83 sch\nrenum 2021 No. 20 s 33\namd 2022 No. 34 s 365 sch 3\n(sec.33-ssec.1) There is to be a government superannuation officer (the officer ).\n(sec.33-ssec.2) The officer is to be appointed by the Governor in Council.\n(sec.33-ssec.3) The officer may be appointed under this Act or the Public Sector Act 2022 .","sortOrder":96},{"sectionNumber":"sec.34","sectionType":"section","heading":"Functions","content":"### sec.34 Functions\n\nThe officer’s functions are, as directed by the Minister, to give advice, prepare reports and carry on other activities relating to superannuation and public service employee entitlements.\nAlso, the officer’s functions include—\narranging an independent review of the scheme default fund arrangements and Brighter Super default fund arrangements at least 10 years after the commencement of part 10 , division 2 , subdivision 3 ; and\nreporting the outcomes of the review to the Minister.\nIn this section—\nBrighter Super default fund arrangements means the arrangements applying under the Local Government Act 2009 , section 219 .\nscheme default fund arrangements means the arrangements applying under part 4 .\ns 34 (prev s 15J) ins 2007 No. 7 s 19\namd 2016 No. 64 s 62A ; 2021 No. 20 s 34 (1) – (3)\nrenum 2021 No. 20 s 34 (4)\namd 2024 No. 27 s 123 s ch 1 pt 2\n(sec.34-ssec.1) The officer’s functions are, as directed by the Minister, to give advice, prepare reports and carry on other activities relating to superannuation and public service employee entitlements.\n(sec.34-ssec.2) Also, the officer’s functions include— arranging an independent review of the scheme default fund arrangements and Brighter Super default fund arrangements at least 10 years after the commencement of part 10 , division 2 , subdivision 3 ; and reporting the outcomes of the review to the Minister.\n(sec.34-ssec.3) In this section— Brighter Super default fund arrangements means the arrangements applying under the Local Government Act 2009 , section 219 . scheme default fund arrangements means the arrangements applying under part 4 .\n- (a) arranging an independent review of the scheme default fund arrangements and Brighter Super default fund arrangements at least 10 years after the commencement of part 10 , division 2 , subdivision 3 ; and\n- (b) reporting the outcomes of the review to the Minister.","sortOrder":97},{"sectionNumber":"sec.35","sectionType":"section","heading":"Staff services from department and trustee","content":"### sec.35 Staff services from department and trustee\n\nAt the officer’s request—\nthe chief executive may assign public service employees of the department to perform work for the officer; or\nthe trustee may assign an officer or employee of the trustee to perform work for the officer.\nA person assigned to perform work for the officer under this section is not subject to the direction of the chief executive or trustee in relation to the performance of the work.\nIn this section—\ntrustee means—\nthe trustee of the scheme under the deed; or\nan entity ultimately owned or controlled by the trustee of the scheme under the deed.\ns 35 (prev s 15K) ins 2007 No. 7 s 19\namd 2016 No. 64 s 63 ; 2021 No. 20 s 35 (1) – (5)\nrenum 2021 No. 20 s 35 (6)\n(sec.35-ssec.1) At the officer’s request— the chief executive may assign public service employees of the department to perform work for the officer; or the trustee may assign an officer or employee of the trustee to perform work for the officer.\n(sec.35-ssec.2) A person assigned to perform work for the officer under this section is not subject to the direction of the chief executive or trustee in relation to the performance of the work.\n(sec.35-ssec.3) In this section— trustee means— the trustee of the scheme under the deed; or an entity ultimately owned or controlled by the trustee of the scheme under the deed.\n- (a) the chief executive may assign public service employees of the department to perform work for the officer; or\n- (b) the trustee may assign an officer or employee of the trustee to perform work for the officer.\n- (a) the trustee of the scheme under the deed; or\n- (b) an entity ultimately owned or controlled by the trustee of the scheme under the deed.","sortOrder":98},{"sectionNumber":"sec.36","sectionType":"section","heading":"Delegation","content":"### sec.36 Delegation\n\nThe officer may delegate the officer’s functions to an appropriately qualified person assigned to perform work for the officer under section 35 .\nIn this section—\nfunctions includes powers.\ns 36 orig s 36 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 36 ins 2007 No. 7 s 27\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 71\npres s 36 (prev s 15L) ins 2007 No. 7 s 19\namd 2021 No. 20 s 36 (1)\nrenum 2021 No. 20 s 36 (2)\n(sec.36-ssec.1) The officer may delegate the officer’s functions to an appropriately qualified person assigned to perform work for the officer under section 35 .\n(sec.36-ssec.2) In this section— functions includes powers.","sortOrder":99},{"sectionNumber":"sec.37","sectionType":"section","heading":"Chief executive to act as officer while no appointee","content":"### sec.37 Chief executive to act as officer while no appointee\n\nAt any time there is no-one holding an appointment as the officer—\nthe chief executive is to perform the officer’s functions; and\nfor that purpose, sections 34 to 36 apply as if references in the sections to the officer were references to the chief executive.\ns 37 orig s 37 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 37 ins 2007 No. 7 s 27\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 71\npres s 37 (prev s 15M) ins 2007 No. 7 s 19\namd 2021 No. 20 s 37 (1) – (3)\nrenum 2021 No. 20 s 37 (4)\n- (a) the chief executive is to perform the officer’s functions; and\n- (b) for that purpose, sections 34 to 36 apply as if references in the sections to the officer were references to the chief executive.","sortOrder":100},{"sectionNumber":"sec.4.17","sectionType":"section","heading":null,"content":"### Section sec.4.17\n\ns 4.17 ins 1993 No. 11 s 45 sch 3\nom 1995 No. 27 s 69","sortOrder":101},{"sectionNumber":"sec.4.18","sectionType":"section","heading":null,"content":"### Section sec.4.18\n\ns 4.18 ins 1994 No. 87 s 3 sch 2\nom 29 August 1995 RA s 37","sortOrder":102},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":103},{"sectionNumber":"sec.4.7","sectionType":"section","heading":null,"content":"### Section sec.4.7\n\ns 4.7 om 1995 No. 27 s 67","sortOrder":104},{"sectionNumber":"sec.38","sectionType":"section","heading":"Nature of benefit payable","content":"### sec.38 Nature of benefit payable\n\nA benefit payable under the scheme in relation to a member of the scheme can not, by operation of law or otherwise, be—\nassigned, charged, taken in execution, attached or passed to a person other than the member or the member’s estate; or\nused to set off a claim by payment to a person other than the member or the member’s estate.\nA benefit payable under the scheme in relation to a member of the scheme on the death of the member is not an asset for the payment of the member’s debts or liabilities from the member’s estate.\nAny agreement or arrangement relating to, or transfer or other dealing with, a benefit payable under the scheme that is inconsistent with subsection (1) or (2) is void to the extent of the inconsistency.\ns 38 orig s 38 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 38 ins 2007 No. 7 s 27\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 71\npres s 38 ins 2021 No. 20 s 39\n(sec.38-ssec.1) A benefit payable under the scheme in relation to a member of the scheme can not, by operation of law or otherwise, be— assigned, charged, taken in execution, attached or passed to a person other than the member or the member’s estate; or used to set off a claim by payment to a person other than the member or the member’s estate.\n(sec.38-ssec.2) A benefit payable under the scheme in relation to a member of the scheme on the death of the member is not an asset for the payment of the member’s debts or liabilities from the member’s estate.\n(sec.38-ssec.3) Any agreement or arrangement relating to, or transfer or other dealing with, a benefit payable under the scheme that is inconsistent with subsection (1) or (2) is void to the extent of the inconsistency.\n- (a) assigned, charged, taken in execution, attached or passed to a person other than the member or the member’s estate; or\n- (b) used to set off a claim by payment to a person other than the member or the member’s estate.","sortOrder":105},{"sectionNumber":"sec.39","sectionType":"section","heading":"Reports to be given to Minister on request","content":"### sec.39 Reports to be given to Minister on request\n\nThe Minister may, at any time, ask the trustee to give the Minister a report about the administration of the scheme to the extent that it applies to government defined benefit members.\nThe trustee must comply with a request under subsection (1) .\nA request or report under this section must not be about, or include information that identifies, an individual government defined benefit member or the member’s entitlement.\ns 39 orig s 39 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 39 ins 2007 No. 7 s 27\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 71\npres s 39 ins 2021 No. 20 s 41\n(sec.39-ssec.1) The Minister may, at any time, ask the trustee to give the Minister a report about the administration of the scheme to the extent that it applies to government defined benefit members.\n(sec.39-ssec.2) The trustee must comply with a request under subsection (1) .\n(sec.39-ssec.3) A request or report under this section must not be about, or include information that identifies, an individual government defined benefit member or the member’s entitlement.","sortOrder":106},{"sectionNumber":"sec.40","sectionType":"section","heading":"No appeal to industrial commission","content":"### sec.40 No appeal to industrial commission\n\nNo appeal lies to the industrial commission in relation to any decision under this Act.\ns 40 orig s 40 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 40 ins 2007 No. 7 s 27\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 71\npres s 40 (prev s 30C) ins 1999 No. 33 s 747 sch 3\nrenum 2021 No. 20 s 48","sortOrder":107},{"sectionNumber":"sec.41","sectionType":"section","heading":"Regulation-making power","content":"### sec.41 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 41 orig s 41 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 41 ins 2007 No. 7 s 27\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 71\npres s 41 (prev s 31) sub 1993 No. 11 s 45 sch 3 ; 2013 No. 61 s 126\namd 2021 No. 20 s 49 (1)\nrenum 2021 No. 20 s 49 (2)","sortOrder":108},{"sectionNumber":"pt.9","sectionType":"part","heading":"QSuper Board","content":"# QSuper Board","sortOrder":109},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"QSuper Board continues","content":"## QSuper Board continues","sortOrder":110},{"sectionNumber":"sec.42","sectionType":"section","heading":"Continuation of QSuper Board","content":"### sec.42 Continuation of QSuper Board\n\nQSuper Board is continued in existence.\nThe former board provisions continue to apply in relation to QSuper Board until the board becomes a proprietary company under division 2 .\nFor subsection (2) , the former board provisions apply as if they had not been repealed by the Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021 .\nHowever, former section 4 applies in relation to QSuper Board only while the board is the trustee of the scheme.\nIn this section—\nformer , for a provision of this Act, means the provision as in force immediately before the commencement.\nformer board provisions means former part 2 and former section 31 (2).\ns 42 orig s 42 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 42 ins 2007 No. 7 s 27\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 71\npres s 42 ins 2021 No. 20 s 52\n(sec.42-ssec.1) QSuper Board is continued in existence.\n(sec.42-ssec.2) The former board provisions continue to apply in relation to QSuper Board until the board becomes a proprietary company under division 2 .\n(sec.42-ssec.3) For subsection (2) , the former board provisions apply as if they had not been repealed by the Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021 .\n(sec.42-ssec.4) However, former section 4 applies in relation to QSuper Board only while the board is the trustee of the scheme.\n(sec.42-ssec.5) In this section— former , for a provision of this Act, means the provision as in force immediately before the commencement. former board provisions means former part 2 and former section 31 (2).","sortOrder":111},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"QSuper Board as proprietary company","content":"## QSuper Board as proprietary company","sortOrder":112},{"sectionNumber":"sec.43","sectionType":"section","heading":"Definitions for division","content":"### sec.43 Definitions for division\n\nIn this division—\nQSuper Board Pty Ltd means QSuper Board after its registration as a proprietary company limited by shares under the Corporations Act .\nregistration day see section 44 (2) (a) .\ns 43 orig s 43 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 43 ins 2007 No. 7 s 27\namd 2007 No. 58 s 111\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 71\npres s 43 ins 2021 No. 20 s 52","sortOrder":113},{"sectionNumber":"sec.44","sectionType":"section","heading":"QSuper Board to be registered as proprietary company","content":"### sec.44 QSuper Board to be registered as proprietary company\n\nQSuper Board is a deemed registration company for the purposes of the Corporations Act , section 5H .\nFor the Corporations Act , section 5H (1) (b) —\nQSuper Board is to be taken to be registered on the day (the registration day ) declared by the Minister under section 45 ; and\nQSuper Board is to be registered as a proprietary company limited by shares; and\nQSuper Board’s proposed name is ‘QSuper Board Pty Ltd’.\ns 44 orig 44 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 44 ins 2013 No. 61 s 127\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nom 2016 No. 64 s 71\npres s 44 ins 2021 No. 20 s 52\n(sec.44-ssec.1) QSuper Board is a deemed registration company for the purposes of the Corporations Act , section 5H .\n(sec.44-ssec.2) For the Corporations Act , section 5H (1) (b) — QSuper Board is to be taken to be registered on the day (the registration day ) declared by the Minister under section 45 ; and QSuper Board is to be registered as a proprietary company limited by shares; and QSuper Board’s proposed name is ‘QSuper Board Pty Ltd’.\n- (a) QSuper Board is to be taken to be registered on the day (the registration day ) declared by the Minister under section 45 ; and\n- (b) QSuper Board is to be registered as a proprietary company limited by shares; and\n- (c) QSuper Board’s proposed name is ‘QSuper Board Pty Ltd’.","sortOrder":114},{"sectionNumber":"sec.45","sectionType":"section","heading":"Minister may declare registration day","content":"### sec.45 Minister may declare registration day\n\nThe Minister may, by notice published in the gazette, declare the day QSuper Board is to be taken to be registered as a proprietary company limited by shares under the Corporations Act .\nThe Minister’s power to declare a day under subsection (1) includes the power to declare a day, that is after the notice is published, by reference to the day on which the appointment of a new trustee for the scheme takes effect under an instrument executed by QSuper Board and the new trustee.\ns 45 prev s 45 ins 1997 No. 21 s 23\nsub 1997 No. 81 s 3 sch\nexp 30 June 1998 (see s 45)\npres s 45 ins 2021 No. 20 s 52\n(sec.45-ssec.1) The Minister may, by notice published in the gazette, declare the day QSuper Board is to be taken to be registered as a proprietary company limited by shares under the Corporations Act .\n(sec.45-ssec.2) The Minister’s power to declare a day under subsection (1) includes the power to declare a day, that is after the notice is published, by reference to the day on which the appointment of a new trustee for the scheme takes effect under an instrument executed by QSuper Board and the new trustee.","sortOrder":115},{"sectionNumber":"sec.46","sectionType":"section","heading":"Constitution, shareholding and other matters about company on registration","content":"### sec.46 Constitution, shareholding and other matters about company on registration\n\nQSuper Board must decide, in consultation with the Minister, the matters the details of which are to be included in the notice lodged under the Corporations Act , section 5H (2) .\ns 46 ins 2021 No. 20 s 52","sortOrder":116},{"sectionNumber":"sec.47","sectionType":"section","heading":"Effect of QSuper Board becoming proprietary company","content":"### sec.47 Effect of QSuper Board becoming proprietary company\n\nQSuper Board Pty Ltd is taken for all purposes to be a continuation of, and the same legal entity as, QSuper Board.\nWithout limiting subsection (1) , the registration of QSuper Board as a proprietary company limited by shares under the Corporations Act does not—\ncreate a new legal entity; or\naffect QSuper Board’s existing assets, rights or liabilities (other than in relation to the members of QSuper Board as provided in section 48 ); or\naffect any legal proceedings by or against QSuper Board or its members; or\naffect the employment, or entitlements as an employee, of a person who was a member of staff of QSuper Board other than the board’s chief executive officer, immediately before the registration day.\nDespite subsections (1) and (2) , QSuper Board Pty Ltd does not represent the State.\nSubsections (1) and (2) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of the Corporations legislation generally.\ns 47 ins 2021 No. 20 s 52\n(sec.47-ssec.1) QSuper Board Pty Ltd is taken for all purposes to be a continuation of, and the same legal entity as, QSuper Board.\n(sec.47-ssec.2) Without limiting subsection (1) , the registration of QSuper Board as a proprietary company limited by shares under the Corporations Act does not— create a new legal entity; or affect QSuper Board’s existing assets, rights or liabilities (other than in relation to the members of QSuper Board as provided in section 48 ); or affect any legal proceedings by or against QSuper Board or its members; or affect the employment, or entitlements as an employee, of a person who was a member of staff of QSuper Board other than the board’s chief executive officer, immediately before the registration day.\n(sec.47-ssec.3) Despite subsections (1) and (2) , QSuper Board Pty Ltd does not represent the State.\n(sec.47-ssec.4) Subsections (1) and (2) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of the Corporations legislation generally.\n- (a) create a new legal entity; or\n- (b) affect QSuper Board’s existing assets, rights or liabilities (other than in relation to the members of QSuper Board as provided in section 48 ); or\n- (c) affect any legal proceedings by or against QSuper Board or its members; or\n- (d) affect the employment, or entitlements as an employee, of a person who was a member of staff of QSuper Board other than the board’s chief executive officer, immediately before the registration day.","sortOrder":117},{"sectionNumber":"sec.48","sectionType":"section","heading":"QSuper Board’s members and CEO","content":"### sec.48 QSuper Board’s members and CEO\n\nOn the registration day, the members and chief executive officer of QSuper Board go out of office.\nNo compensation is payable because of subsection (1) .\nTo remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.\nAlso, nothing in this section prevents a person who was a member or chief executive officer of QSuper Board from becoming an officer or employee of QSuper Board Pty Ltd.\ns 48 ins 2021 No. 20 s 52\n(sec.48-ssec.1) On the registration day, the members and chief executive officer of QSuper Board go out of office.\n(sec.48-ssec.2) No compensation is payable because of subsection (1) .\n(sec.48-ssec.3) To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.\n(sec.48-ssec.4) Also, nothing in this section prevents a person who was a member or chief executive officer of QSuper Board from becoming an officer or employee of QSuper Board Pty Ltd.","sortOrder":118},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional and declaratory provisions","content":"# Transitional and declaratory provisions","sortOrder":119},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Provisions for Revenue and Other Legislation Amendment Act 2016","content":"## Provisions for Revenue and Other Legislation Amendment Act 2016","sortOrder":120},{"sectionNumber":"sec.49","sectionType":"section","heading":"Change in board’s name","content":"### sec.49 Change in board’s name\n\nTo remove any doubt, it is declared that the amendment of section 3 by the Revenue and Other Legislation Amendment Act 2016 has effect only to change the name of the board and does not establish a new board.\nFrom the commencement, if the context permits, a reference in an instrument to ‘Board of Trustees of the State Public Sector Superannuation Scheme’ is taken to be a reference to QSuper Board.\ns 49 (prev s 33) orig s 33 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 33 (prev s 32) ins 1999 No. 27 s 76 sch 1 pt 3\namd 2001 No. 45 s 29 sch 3\nrenum 2004 No. 42 s 33 sch\namd 2004 No. 42 s 33 sch\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nsub 2016 No. 64 s 71\nrenum 2021 No. 20 s 7\n(sec.49-ssec.1) To remove any doubt, it is declared that the amendment of section 3 by the Revenue and Other Legislation Amendment Act 2016 has effect only to change the name of the board and does not establish a new board.\n(sec.49-ssec.2) From the commencement, if the context permits, a reference in an instrument to ‘Board of Trustees of the State Public Sector Superannuation Scheme’ is taken to be a reference to QSuper Board.","sortOrder":121},{"sectionNumber":"sec.50","sectionType":"section","heading":"Existing membership and entitlements of State public sector employees","content":"### sec.50 Existing membership and entitlements of State public sector employees\n\nThe amendment of this Act by the Revenue and Other Legislation Amendment Act 2016 does not affect—\nthe membership of a current member; or\nany entitlement the member accrued under this Act before the commencement.\nIn this section—\ncurrent member means a person who, immediately before the commencement, was a member of the scheme.\ns 50 (prev s 34) orig s 34 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 34 (prev s 33) ins 1999 No. 75 s 3\nrenum 2004 No. 42 s 33 sch\namd 2004 No. 42 s 33 sch\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nsub 2016 No. 64 s 71\nrenum 2021 No. 20 s 7\n(sec.50-ssec.1) The amendment of this Act by the Revenue and Other Legislation Amendment Act 2016 does not affect— the membership of a current member; or any entitlement the member accrued under this Act before the commencement.\n(sec.50-ssec.2) In this section— current member means a person who, immediately before the commencement, was a member of the scheme.\n- (a) the membership of a current member; or\n- (b) any entitlement the member accrued under this Act before the commencement.","sortOrder":122},{"sectionNumber":"sec.51","sectionType":"section","heading":"Membership by particular employees of existing GOCs","content":"### sec.51 Membership by particular employees of existing GOCs\n\nThis section applies to an employee of an existing GOC if, immediately before the commencement—\nthe employee was not the subject of a notice under former section 13; or\nthe employee’s membership in the scheme was discretionary, under a notice under former section 13, and the employee’s employer had nominated a fund other than the scheme to be the default fund for the employee.\nThe employee can not become a member of the scheme under a default arrangement.\nSubsection (2) does not prevent the employee from continuing to be, or becoming a member of the scheme, other than under a default arrangement.\nIn this section—\ndefault arrangement , in relation to membership of the scheme, means membership of the scheme by way of—\na declaration, under section 14B(1)(c), that the employee’s membership in the scheme is compulsory; or\na declaration, under section 15A, that the employee is a core government employee for this Act; or\nthe scheme being the employee’s default fund.\ndefault fund , for an employee, has the meaning given by section 15E.\nexisting GOC means a GOC in existence immediately before the commencement.\nformer section 13 means section 13 as in force before the commencement.\ns 51 (prev s 34A) ins 2016 No. 64 s 71\nrenum 2021 No. 20 s 7\n(sec.51-ssec.1) This section applies to an employee of an existing GOC if, immediately before the commencement— the employee was not the subject of a notice under former section 13; or the employee’s membership in the scheme was discretionary, under a notice under former section 13, and the employee’s employer had nominated a fund other than the scheme to be the default fund for the employee.\n(sec.51-ssec.2) The employee can not become a member of the scheme under a default arrangement.\n(sec.51-ssec.3) Subsection (2) does not prevent the employee from continuing to be, or becoming a member of the scheme, other than under a default arrangement.\n(sec.51-ssec.4) In this section— default arrangement , in relation to membership of the scheme, means membership of the scheme by way of— a declaration, under section 14B(1)(c), that the employee’s membership in the scheme is compulsory; or a declaration, under section 15A, that the employee is a core government employee for this Act; or the scheme being the employee’s default fund. default fund , for an employee, has the meaning given by section 15E. existing GOC means a GOC in existence immediately before the commencement. former section 13 means section 13 as in force before the commencement.\n- (a) the employee was not the subject of a notice under former section 13; or\n- (b) the employee’s membership in the scheme was discretionary, under a notice under former section 13, and the employee’s employer had nominated a fund other than the scheme to be the default fund for the employee.\n- (a) a declaration, under section 14B(1)(c), that the employee’s membership in the scheme is compulsory; or\n- (b) a declaration, under section 15A, that the employee is a core government employee for this Act; or\n- (c) the scheme being the employee’s default fund.","sortOrder":123},{"sectionNumber":"sec.52","sectionType":"section","heading":"Declaration for Acts Interpretation Act 1954, section 20A","content":"### sec.52 Declaration for Acts Interpretation Act 1954, section 20A\n\nParts 4A to 5A and 6, as in force before the commencement are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.\ns 52 (prev s 35) orig s 35 ins 1997 No. 21 s 23\nexp 30 June 1998 (see s 45)\nprev s 35 ins 2005 No. 60 s 35 sch 1\nAIA s 20A applies as in force immediately before 30 June 2017 (see s 35)\nsub 2016 No. 64 s 71\nrenum 2021 No. 20 s 7","sortOrder":124},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Provisions for Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021","content":"## Provisions for Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021","sortOrder":125},{"sectionNumber":"sec.53","sectionType":"section","heading":"Contributions for core government employees if another fund chosen","content":"### sec.53 Contributions for core government employees if another fund chosen\n\nThe requirement for a core government employee to make contributions into a fund, other than the scheme, under section 15DA is taken to have been in effect from the start of 30 June 2017.\nAn employer to whom section 15D applied at any time before the commencement is taken to have complied with section 15D(2) if the employer paid the employer’s contributions into the fund at the rate taken to have been required by section 15D(2) by the operation of subsection (1) or a higher rate.\nAn employee to whom section 15DA is taken to have applied at any time before the commencement is taken to have complied with section 15DA(2) if the employee paid the employee’s contributions into the fund at the rate taken to have been required by section 15DA(2) or a higher rate.\nAn employee is taken to have paid the employee’s contributions for subsection (3) if, under an arrangement with the employee’s employer, the contributions were paid into the fund by the employer.\ns 53 ins 2021 No. 20 s 8\n(sec.53-ssec.1) The requirement for a core government employee to make contributions into a fund, other than the scheme, under section 15DA is taken to have been in effect from the start of 30 June 2017.\n(sec.53-ssec.2) An employer to whom section 15D applied at any time before the commencement is taken to have complied with section 15D(2) if the employer paid the employer’s contributions into the fund at the rate taken to have been required by section 15D(2) by the operation of subsection (1) or a higher rate.\n(sec.53-ssec.3) An employee to whom section 15DA is taken to have applied at any time before the commencement is taken to have complied with section 15DA(2) if the employee paid the employee’s contributions into the fund at the rate taken to have been required by section 15DA(2) or a higher rate.\n(sec.53-ssec.4) An employee is taken to have paid the employee’s contributions for subsection (3) if, under an arrangement with the employee’s employer, the contributions were paid into the fund by the employer.","sortOrder":126},{"sectionNumber":"sec.54","sectionType":"section","heading":"Instrument restating 1990 deed","content":"### sec.54 Instrument restating 1990 deed\n\nQSuper Board must prepare an instrument that restates the provisions of the 1990 deed, subject only to—\namendments necessary as a consequence of the provisions of the 1990 deed being restated as provisions of an instrument that is not subordinate legislation, including, for example, amendments—\nto update references to this Act; or\nto remove provisions that have been included in this Act or a regulation; or\nto add provisions that have been removed from this Act or a regulation; or\nto enable the deed to be amended by the trustee; and\namendments to correct a minor error or make another change that is not a change of substance.\nSee section 6 in relation to the instrument prepared under this section continuing as the trust deed for the scheme.\nAny provision of the instrument that is inconsistent with subsection (1) is void to the extent of the inconsistency.\ns 54 ins 2021 No. 20 s 53\n(sec.54-ssec.1) QSuper Board must prepare an instrument that restates the provisions of the 1990 deed, subject only to— amendments necessary as a consequence of the provisions of the 1990 deed being restated as provisions of an instrument that is not subordinate legislation, including, for example, amendments— to update references to this Act; or to remove provisions that have been included in this Act or a regulation; or to add provisions that have been removed from this Act or a regulation; or to enable the deed to be amended by the trustee; and amendments to correct a minor error or make another change that is not a change of substance. See section 6 in relation to the instrument prepared under this section continuing as the trust deed for the scheme.\n(sec.54-ssec.2) Any provision of the instrument that is inconsistent with subsection (1) is void to the extent of the inconsistency.\n- (a) amendments necessary as a consequence of the provisions of the 1990 deed being restated as provisions of an instrument that is not subordinate legislation, including, for example, amendments— (i) to update references to this Act; or (ii) to remove provisions that have been included in this Act or a regulation; or (iii) to add provisions that have been removed from this Act or a regulation; or (iv) to enable the deed to be amended by the trustee; and\n- (i) to update references to this Act; or\n- (ii) to remove provisions that have been included in this Act or a regulation; or\n- (iii) to add provisions that have been removed from this Act or a regulation; or\n- (iv) to enable the deed to be amended by the trustee; and\n- (b) amendments to correct a minor error or make another change that is not a change of substance.\n- (i) to update references to this Act; or\n- (ii) to remove provisions that have been included in this Act or a regulation; or\n- (iii) to add provisions that have been removed from this Act or a regulation; or\n- (iv) to enable the deed to be amended by the trustee; and","sortOrder":127},{"sectionNumber":"sec.55","sectionType":"section","heading":"Definition for subdivision","content":"### sec.55 Definition for subdivision\n\nIn this subdivision—\nSunsuper transfer means the transfer of the benefits of all members of Sunsuper Superannuation Fund (ABN 98 503 137 921) to the scheme.\ns 55 ins 2021 No. 20 s 53","sortOrder":128},{"sectionNumber":"sec.56","sectionType":"section","heading":"Amendment of deed to facilitate Sunsuper transfer","content":"### sec.56 Amendment of deed to facilitate Sunsuper transfer\n\nThe trustee must, in accordance with the deed and before the Sunsuper transfer is completed, amend the deed to provide for and facilitate the implementation of the Sunsuper transfer.\nAn amendment under subsection (1) must not amend the deed in a way that—\nadversely affects the rights to superannuation or other benefits of members of the scheme accrued before the amendment; or\naffects, or purports to affect, the continuation of the scheme or the fund for the scheme; or\notherwise resettles or redeclares the scheme or the fund for the scheme.\nAn amendment of the deed under subsection (1) that is inconsistent with subsection (2) is void to the extent of the inconsistency.\ns 56 ins 2021 No. 20 s 53\n(sec.56-ssec.1) The trustee must, in accordance with the deed and before the Sunsuper transfer is completed, amend the deed to provide for and facilitate the implementation of the Sunsuper transfer.\n(sec.56-ssec.2) An amendment under subsection (1) must not amend the deed in a way that— adversely affects the rights to superannuation or other benefits of members of the scheme accrued before the amendment; or affects, or purports to affect, the continuation of the scheme or the fund for the scheme; or otherwise resettles or redeclares the scheme or the fund for the scheme.\n(sec.56-ssec.3) An amendment of the deed under subsection (1) that is inconsistent with subsection (2) is void to the extent of the inconsistency.\n- (a) adversely affects the rights to superannuation or other benefits of members of the scheme accrued before the amendment; or\n- (b) affects, or purports to affect, the continuation of the scheme or the fund for the scheme; or\n- (c) otherwise resettles or redeclares the scheme or the fund for the scheme.","sortOrder":129},{"sectionNumber":"sec.57","sectionType":"section","heading":"MySuper products","content":"### sec.57 MySuper products\n\nThis section applies if, when the Sunsuper transfer is completed, more than 1 MySuper products are offered for the scheme.\nA regulation may prescribe matters about the eligibility of members of the scheme to hold each of the MySuper products.\nWithout limiting subsection (2), a regulation under the subsection may, to the extent permitted by the Superannuation Industry (Supervision) Act 1993 (Cwlth), prescribe—\nthe members of the scheme who are eligible for a stated MySuper product; or\nconditions applying to a member’s eligibility for a stated MySuper product.\nIn this section—\nMySuper product see the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10(1).\ns 57 ins 2021 No. 20 s 53\n(sec.57-ssec.1) This section applies if, when the Sunsuper transfer is completed, more than 1 MySuper products are offered for the scheme.\n(sec.57-ssec.2) A regulation may prescribe matters about the eligibility of members of the scheme to hold each of the MySuper products.\n(sec.57-ssec.3) Without limiting subsection (2), a regulation under the subsection may, to the extent permitted by the Superannuation Industry (Supervision) Act 1993 (Cwlth), prescribe— the members of the scheme who are eligible for a stated MySuper product; or conditions applying to a member’s eligibility for a stated MySuper product.\n(sec.57-ssec.4) In this section— MySuper product see the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10(1).\n- (a) the members of the scheme who are eligible for a stated MySuper product; or\n- (b) conditions applying to a member’s eligibility for a stated MySuper product.","sortOrder":130},{"sectionNumber":"sec.58","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.58 Definitions for subdivision\n\nIn this subdivision—\nnew trustee means the trustee of the scheme immediately after the trustee changeover.\ntrustee changeover means the time at which the appointment of a new trustee of the scheme takes effect under an instrument executed by QSuper Board and the new trustee.\ns 58 ins 2021 No. 20 s 53","sortOrder":131},{"sectionNumber":"sec.59","sectionType":"section","heading":"Existing standard employer-sponsors","content":"### sec.59 Existing standard employer-sponsors\n\nThis section applies in relation to a standard employer-sponsor arrangement in effect immediately before the trustee changeover.\nFrom the trustee changeover, the standard employer-sponsor arrangement and any agreement relating to the arrangement is taken to have been entered into by the new trustee in its capacity as trustee of the scheme.\nIn this section—\nstandard employer-sponsor arrangement means an arrangement between QSuper Board and an entity under which the entity becomes a standard employer-sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 16(2).\ns 59 ins 2021 No. 20 s 53\n(sec.59-ssec.1) This section applies in relation to a standard employer-sponsor arrangement in effect immediately before the trustee changeover.\n(sec.59-ssec.2) From the trustee changeover, the standard employer-sponsor arrangement and any agreement relating to the arrangement is taken to have been entered into by the new trustee in its capacity as trustee of the scheme.\n(sec.59-ssec.3) In this section— standard employer-sponsor arrangement means an arrangement between QSuper Board and an entity under which the entity becomes a standard employer-sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 16(2).","sortOrder":132},{"sectionNumber":"sec.60","sectionType":"section","heading":"Protection from liability","content":"### sec.60 Protection from liability\n\nThis section applies in relation to a person who, at any time before the trustee changeover, was an official.\nThe person is entitled to be indemnified from the scheme fund for a liability incurred by the person for an act done, or omission made, while acting as an official.\nThe liability to which subsection (2) applies—\nincludes an amount of legal costs decided by the trustee to be reasonable; but\ndoes not include a liability—\nof a kind to which former section 8 did not apply; or\nthat the person cannot be indemnified for, from the scheme fund, under the Superannuation Industry (Supervision) Act 1993 (Cwlth).\nThe costs incurred by QSuper Board or the new trustee for effecting insurance for liability to which subsection (2) applies may be paid out of the scheme fund.\nIn this section—\nformer section 8 means section 8 of this Act as in force immediately before the commencement.\nofficial means official within the meaning of former section 8.\nQSuper Board includes QSuper Board after it becomes QSuper Board Pty Ltd.\ns 60 ins 2021 No. 20 s 53\n(sec.60-ssec.1) This section applies in relation to a person who, at any time before the trustee changeover, was an official.\n(sec.60-ssec.2) The person is entitled to be indemnified from the scheme fund for a liability incurred by the person for an act done, or omission made, while acting as an official.\n(sec.60-ssec.3) The liability to which subsection (2) applies— includes an amount of legal costs decided by the trustee to be reasonable; but does not include a liability— of a kind to which former section 8 did not apply; or that the person cannot be indemnified for, from the scheme fund, under the Superannuation Industry (Supervision) Act 1993 (Cwlth).\n(sec.60-ssec.4) The costs incurred by QSuper Board or the new trustee for effecting insurance for liability to which subsection (2) applies may be paid out of the scheme fund.\n(sec.60-ssec.5) In this section— former section 8 means section 8 of this Act as in force immediately before the commencement. official means official within the meaning of former section 8. QSuper Board includes QSuper Board after it becomes QSuper Board Pty Ltd.\n- (a) includes an amount of legal costs decided by the trustee to be reasonable; but\n- (b) does not include a liability— (i) of a kind to which former section 8 did not apply; or (ii) that the person cannot be indemnified for, from the scheme fund, under the Superannuation Industry (Supervision) Act 1993 (Cwlth).\n- (i) of a kind to which former section 8 did not apply; or\n- (ii) that the person cannot be indemnified for, from the scheme fund, under the Superannuation Industry (Supervision) Act 1993 (Cwlth).\n- (i) of a kind to which former section 8 did not apply; or\n- (ii) that the person cannot be indemnified for, from the scheme fund, under the Superannuation Industry (Supervision) Act 1993 (Cwlth).","sortOrder":133},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application of Act until trustee changeover","content":"### sec.61 Application of Act until trustee changeover\n\nUntil the trustee changeover, a reference in this Act to the trustee is taken to be a reference to QSuper Board in its capacity as trustee of the scheme.\nHowever, section 8 does not apply to QSuper Board even while it is the trustee of the scheme.\ns 61 ins 2021 No. 20 s 53\n(sec.61-ssec.1) Until the trustee changeover, a reference in this Act to the trustee is taken to be a reference to QSuper Board in its capacity as trustee of the scheme.\n(sec.61-ssec.2) However, section 8 does not apply to QSuper Board even while it is the trustee of the scheme.","sortOrder":134},{"sectionNumber":"sec.62","sectionType":"section","heading":"Residence requirement for trustee’s chief executive officer (however called)","content":"### sec.62 Residence requirement for trustee’s chief executive officer (however called)\n\nSection 8(2)(b)(i) does not apply in relation to the trustee of the scheme after the trustee changeover until—\nif a regulation prescribes a day earlier than 3 years after the commencement—the prescribed day; or\notherwise—3 years after the commencement.\ns 62 ins 2021 No. 20 s 53\n- (a) if a regulation prescribes a day earlier than 3 years after the commencement—the prescribed day; or\n- (b) otherwise—3 years after the commencement.","sortOrder":135},{"sectionNumber":"sec.63","sectionType":"section","heading":"Existing membership and entitlements","content":"### sec.63 Existing membership and entitlements\n\nThe amendment of this Act by the Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021 does not affect—\nthe membership of a current member; or\nany entitlement the member accrued under this Act before the commencement.\nIn this section—\ncurrent member means a person who was a member of the scheme immediately before the commencement.\ns 63 ins 2021 No. 20 s 53\n(sec.63-ssec.1) The amendment of this Act by the Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021 does not affect— the membership of a current member; or any entitlement the member accrued under this Act before the commencement.\n(sec.63-ssec.2) In this section— current member means a person who was a member of the scheme immediately before the commencement.\n- (a) the membership of a current member; or\n- (b) any entitlement the member accrued under this Act before the commencement.","sortOrder":136},{"sectionNumber":"sec.64","sectionType":"section","heading":"Compulsory contributions for particular State public sector employees","content":"### sec.64 Compulsory contributions for particular State public sector employees\n\nThis section applies—\nin relation to a State public sector employee if—\nthe employee is a core government employee; or\nthe employee’s chosen fund is the scheme; and\nif, on the commencement, a regulation has not been made under section 23.\nA unit of the State public sector must pay contributions for each of its employees into the employee’s chosen fund at the rate and frequency at which the employer was required to pay contributions under this Act or the 1990 deed immediately before the commencement.\nA State public sector employee must pay contributions into the employee’s chosen fund at the rate and frequency at which the employee was required to pay contributions under this Act or the 1990 deed immediately before the commencement.\nA State public sector employee is taken to comply with subsection (3) if, under an arrangement with the employee’s employer, the contributions are paid into the fund by the employer.\nThis section stops applying on the earlier of the following—\na regulation under section 23 comes into force;\n1 year after the commencement.\ns 64 ins 2021 No. 20 s 53\n(sec.64-ssec.1) This section applies— in relation to a State public sector employee if— the employee is a core government employee; or the employee’s chosen fund is the scheme; and if, on the commencement, a regulation has not been made under section 23.\n(sec.64-ssec.2) A unit of the State public sector must pay contributions for each of its employees into the employee’s chosen fund at the rate and frequency at which the employer was required to pay contributions under this Act or the 1990 deed immediately before the commencement.\n(sec.64-ssec.3) A State public sector employee must pay contributions into the employee’s chosen fund at the rate and frequency at which the employee was required to pay contributions under this Act or the 1990 deed immediately before the commencement.\n(sec.64-ssec.4) A State public sector employee is taken to comply with subsection (3) if, under an arrangement with the employee’s employer, the contributions are paid into the fund by the employer.\n(sec.64-ssec.5) This section stops applying on the earlier of the following— a regulation under section 23 comes into force; 1 year after the commencement.\n- (a) in relation to a State public sector employee if— (i) the employee is a core government employee; or (ii) the employee’s chosen fund is the scheme; and\n- (i) the employee is a core government employee; or\n- (ii) the employee’s chosen fund is the scheme; and\n- (b) if, on the commencement, a regulation has not been made under section 23.\n- (i) the employee is a core government employee; or\n- (ii) the employee’s chosen fund is the scheme; and\n- (a) a regulation under section 23 comes into force;\n- (b) 1 year after the commencement.","sortOrder":137},{"sectionNumber":"sec.65","sectionType":"section","heading":"Declaration about continuation of scheme and fund","content":"### sec.65 Declaration about continuation of scheme and fund\n\nTo remove any doubt, it is declared that the amendment of this Act by the Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021 (the amendment Act )—\ndid not establish a new scheme or new fund for the scheme; and\nis not intended to—\naffect, or purport to affect, the continuation of the scheme or the fund for the scheme; or\notherwise resettle or redeclare the scheme or the fund for the scheme.\nAlso, to remove any doubt, it is declared that the declaration under subsection (1) applies despite—\nthe provisions of the 1990 deed being continued as the trust deed for the scheme in the form of the instrument prepared under section 54; and\nthe Sunsuper transfer within the meaning of section 55, including—\nthe amendment of the deed under section 56 relating to the Sunsuper transfer; and\nany change to the scheme’s name arising from the Sunsuper transfer; and\nthe appointment of a new trustee of the scheme under an instrument executed by QSuper Board and the new trustee; and\nany other changes affecting the operation or management of the scheme or scheme fund arising from the amendment of this Act by the amendment Act.\ns 65 ins 2021 No. 20 s 53\n(sec.65-ssec.1) To remove any doubt, it is declared that the amendment of this Act by the Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021 (the amendment Act )— did not establish a new scheme or new fund for the scheme; and is not intended to— affect, or purport to affect, the continuation of the scheme or the fund for the scheme; or otherwise resettle or redeclare the scheme or the fund for the scheme.\n(sec.65-ssec.2) Also, to remove any doubt, it is declared that the declaration under subsection (1) applies despite— the provisions of the 1990 deed being continued as the trust deed for the scheme in the form of the instrument prepared under section 54; and the Sunsuper transfer within the meaning of section 55, including— the amendment of the deed under section 56 relating to the Sunsuper transfer; and any change to the scheme’s name arising from the Sunsuper transfer; and the appointment of a new trustee of the scheme under an instrument executed by QSuper Board and the new trustee; and any other changes affecting the operation or management of the scheme or scheme fund arising from the amendment of this Act by the amendment Act.\n- (a) did not establish a new scheme or new fund for the scheme; and\n- (b) is not intended to— (i) affect, or purport to affect, the continuation of the scheme or the fund for the scheme; or (ii) otherwise resettle or redeclare the scheme or the fund for the scheme.\n- (i) affect, or purport to affect, the continuation of the scheme or the fund for the scheme; or\n- (ii) otherwise resettle or redeclare the scheme or the fund for the scheme.\n- (i) affect, or purport to affect, the continuation of the scheme or the fund for the scheme; or\n- (ii) otherwise resettle or redeclare the scheme or the fund for the scheme.\n- (a) the provisions of the 1990 deed being continued as the trust deed for the scheme in the form of the instrument prepared under section 54; and\n- (b) the Sunsuper transfer within the meaning of section 55, including— (i) the amendment of the deed under section 56 relating to the Sunsuper transfer; and (ii) any change to the scheme’s name arising from the Sunsuper transfer; and\n- (i) the amendment of the deed under section 56 relating to the Sunsuper transfer; and\n- (ii) any change to the scheme’s name arising from the Sunsuper transfer; and\n- (c) the appointment of a new trustee of the scheme under an instrument executed by QSuper Board and the new trustee; and\n- (d) any other changes affecting the operation or management of the scheme or scheme fund arising from the amendment of this Act by the amendment Act.\n- (i) the amendment of the deed under section 56 relating to the Sunsuper transfer; and\n- (ii) any change to the scheme’s name arising from the Sunsuper transfer; and","sortOrder":138},{"sectionNumber":"sec.66","sectionType":"section","heading":"Continued application of s 51","content":"### sec.66 Continued application of s 51\n\nFrom the commencement, section 51 applies as if—\nthe reference in subsection (4), definition default arrangement , paragraph (a) to section 14B(1)(c) were a reference to section 10(1)(c); and\nthe reference in subsection (4), definition default arrangement , paragraph (b) to section 15A were a reference to section 17; and\nthe reference in subsection (4), definition default fund , to section 15E were a reference to schedule 2.\ns 66 ins 2021 No. 20 s 53\n- (a) the reference in subsection (4), definition default arrangement , paragraph (a) to section 14B(1)(c) were a reference to section 10(1)(c); and\n- (b) the reference in subsection (4), definition default arrangement , paragraph (b) to section 15A were a reference to section 17; and\n- (c) the reference in subsection (4), definition default fund , to section 15E were a reference to schedule 2.","sortOrder":139},{"sectionNumber":"sec.67","sectionType":"section","heading":"Declaration for Acts Interpretation Act 1954, s 20A","content":"### sec.67 Declaration for Acts Interpretation Act 1954, s 20A\n\nSection 30B and part 5B as in force before the commencement are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.\ns 67 ins 2021 No. 20 s 53","sortOrder":140}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act, including its amendments and transitional provisions, preserves the existing scheme, fund and members’ accrued entitlements rather than creating a new scheme or changing membership scope. The text repeatedly declares continuity (secs 5–6, 50, 63, 65) and imposes constraints on deed amendments so they cannot reduce existing defined benefit entitlements except as authorised (secs 26, 56). The 2021 amendments mainly reorganise administration (trust deed restatement (sec 54)), enable trustee corporate conversion and trustee changeover (secs 42–48, 58–61), and provide transitional arrangements for transfers (secs 55–57), while keeping membership and accrued rights intact (secs 50, 63, 65)."},"complexity_factors":["Large number of defined terms and cross-references (schedule 2 definitions referenced throughout) (sec 2).","Multiple decision-makers with overlapping powers: Minister (declarations, approvals), Treasurer (funding, demands on units), trustee (deed amendments, investment strategy), government superannuation officer (actuarial/administrative functions) (secs 4, 10, 28, 29, 31, 33–36, 26).","Interaction between Commonwealth superannuation law (SIS, Superannuation Guarantee) and State rules affecting choice of fund and investment compliance (secs 19, 22, 28).","Detailed funding and actuarial mechanisms, including periodic liability measurement and state-held assets to match accrued liabilities (secs 31–32).","Default and choice rules that vary by employee category (core government employees, compulsory membership, membership declarations) creating multiple pathways for employer payroll handling (secs 17–20, 22–24).","Transitional provisions and conversions: restatement of the 1990 deed, trustee changeover, Sunsuper transfer, and QSuper Board’s conversion to a proprietary company introduce complex migration and continuity rules (secs 54–59, 42–48, 56).","Delegated and subordinate legislation mechanisms (gazette notices, regulations, approval notices) requiring ongoing administrative action and consultation (secs 4, 10, 17, 28, 41, 45).","Operational constraints on trustee location and personnel residency that affect corporate structure and staffing (sec 8, sec 62 transitional).","Employer compliance burdens and penalties/timing rules for payment and data accuracy (sec 29).","Protections and limits on amendment powers to safeguard accrued rights while allowing some trustee flexibility (secs 26–27, 56)."],"plain_english_summary":"What this law does, in plain English\n\n- Maintains and runs the State Public Sector superannuation scheme (the scheme) and its fund, continuing the original 1990 deed as the trust deed in a restated instrument (secs 5–6, 54). It preserves existing memberships and accrued entitlements (secs 50, 63, 65). \n\nHow the scheme is administered and who decides\n\n- The trustee runs the scheme and may amend the trust deed within the limits set by the Act and the deed (secs 6, 26). The trustee must base its scheme operations in Queensland and meet residency and office-location requirements for senior personnel (sec 8), with a transitional relaxation for the trustee’s chief executive after a trustee changeover (sec 62).\n- The Minister has a range of declaration powers: to add entities or particular employees as units of the State public sector (sec 4), to declare membership categories and conditions for State public sector employees (sec 10), to declare core government employees (sec 17) and the registration day when QSuper Board becomes a proprietary company (sec 45). The Minister also approves who may be an investment manager for defined benefit assets (sec 28).\n- The Treasurer pays the State’s contributions for defined benefits from the consolidated fund and may require units of the State public sector to pay amounts judged necessary to provide member benefits (secs 31, 29). The amounts to meet defined benefits are decided by the trustee on actuarial advice, and the Treasurer decides other State contributions in consultation with the trustee (sec 31).\n- A government superannuation officer gives advice and carries out other superannuation-related functions as directed by the Minister and may make actuarial-related decisions affecting some defined-benefit calculations (secs 33–36, 30).\n\nWho pays and how contributions work\n\n- Employers (units of the State public sector) must pay compulsory contributions for each employee into that employee’s chosen fund at rates and frequencies prescribed by regulation (secs 23, 22). Employees must also pay compulsory employee contributions at the prescribed rate (secs 23, 24). Employers may deduct employee contributions from salary and pay them to the chosen fund (sec 24).\n- For defined benefit government members, the Treasurer funds defined benefits from consolidated revenue; the trustee (with an actuary) decides the amounts needed to meet defined benefits (sec 31). A unit of the State public sector may be required to pay specified amounts for members it employs and must do so promptly after each pay period; late or misallocated payments attract interest at a regulated rate (sec 29).\n\nMembership, choice and defaults\n\n- The scheme is open to any person subject to deed requirements (sec 9). The Minister can specify which State public sector employees are core government employees (sec 17).\n- Core government employees are treated by default as having the scheme as the default fund unless they give a written direction for contributions to another fund (secs 18–19). For other categories the scheme can be the default fund under the Act or by written agreement with the board (sec 20). The Act sets rules for how an employee’s chosen fund is identified (sec 22).\n- Special continuity rules preserve membership in the scheme where an employee or employer moves out of the State public sector or the employer ceases to be a unit but membership is preserved under specified conditions (secs 11–12). Specific provisions preserve continuous membership in the closed standard defined benefit category in certain short breaks between employments (secs 15, 16).\n\nDefined benefit administration and protections\n\n- The trustee must invest defined benefit assets through an approved defined benefits investment manager; the Minister may publish an approval notice listing approved managers after consultation (sec 28).\n- The State is to hold assets at least equal to the State’s accrued liability for defined benefits, measured at least every three years using actuarial assumptions from the relevant actuarial investigation (sec 32).\n- Members’ benefits are protected from assignment or seizure and are not available to satisfy a member’s creditors (sec 38).\n\nChanges to trustee and transitions\n\n- The Act provides for QSuper Board to be continued and to be registered as a proprietary company, QSuper Board Pty Ltd, on a Minister-declared registration day; registration is treated as a continuation of the same legal entity (secs 42–47). On registration the previous members and the CEO go out of office without compensation (sec 48), but accrued rights and entitlements are preserved (secs 50, 63, 65).\n- The Act requires the trustee to restate the 1990 deed as a non‑subordinate instrument and allows limited non‑substantive fixes; provisions inconsistent with the restatement are void to the extent of the inconsistency (sec 54). Where the Sunsuper transfer of another fund’s members is to occur, the trustee must amend the deed to facilitate the transfer, subject to protections for accrued member rights and for continuity of the scheme (secs 55–56).\n\nAdministrative and compliance features, costs and incentives\n\n- The Minister’s and Treasurer’s powers create administrative discretion: the Minister can declare membership categories, add units and approve investment managers (secs 4, 10, 28, 45); the Treasurer decides some contributions and can require units to pay (secs 29, 31). These decisions generate compliance obligations for employers (paying contributions, providing accurate member information) and for the trustee (appointing managers, preparing the restated deed).\n- Employers who delay payments or provide inaccurate member data can trigger regulated interest charges and administrative friction (sec 29). The requirement that trustee operations be based in Queensland (sec 8) imposes operational constraints on trustee structure, staffing and location.\n- For defined benefit members the State (via the Treasurer and consolidated fund) bears the formal funding obligation for defined benefits but the amounts are calculated by the trustee with actuarial advice and measured periodically (secs 31, 32). That structure concentrates the funding obligation on the State while the trustee retains operational and investment responsibilities.\n\nImplementation risks and protections\n\n- The Act preserves existing member entitlements when the deed is restated, when the trustee changes, and when transfers (such as Sunsuper) occur; it expressly forbids deed amendments that reduce accrued defined benefit entitlements except under limited, actuarially justified conditions (secs 6, 26, 56, 65).\n- The Act provides indemnity and insurance arrangements for officials who acted before a trustee changeover (sec 60). It also prevents appeals to the industrial commission in relation to decisions under the Act (sec 40).\n\nWhy it matters\n\n- The Act sets who pays, who decides, and how the State’s public sector superannuation scheme is run. It allocates operational duties to a trustee, oversight and declaratory powers to the Minister and Treasurer, funding responsibility for defined benefits to the State, and choice/default arrangements for employees. The mechanics affect employer payroll processes, trustee governance and investments, and the State budget through defined benefit obligations (see secs 23, 29, 31, 8, 28). The law also provides transitional and protective rules when trustee structure, the trust deed, or membership rolls change (secs 54–56, 59–61, 65)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1957},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1990 purpose of establishing a public sector defined benefit superannuation scheme. Major scope creep includes: (1) Transformation from a purely statutory scheme to a hybrid commercial entity—the 2021 amendments convert QSuper Board into a proprietary company (QSuper Board Pty Ltd) and facilitate mergers with private sector funds (Sunsuper); (2) Expansion from a single defined benefit scheme to a complex multi-product offering including accumulation accounts and MySuper products; (3) Introduction of 'choice of fund' provisions allowing employees to select competing superannuation funds; (4) Corporate governance provisions dealing with company constitutions, shareholding, and Corporations Act compliance that go far beyond traditional public sector superannuation regulation; and (5) Complex transitional machinery managing the shift from government trustee to private trustee while protecting existing entitlements."},"complexity_factors":["Extensive amendment history with 30+ years of layered amendments (1990-2021), creating a patchwork of current, repealed, and renumbered provisions that require cross-referencing to understand","Multi-layered conditional logic in membership rules (e.g., Section 22 defines 'chosen fund' through nested conditions distinguishing core government employees, compulsory members, and optional members)","Complex transitional arrangements for the 2021 restructuring, including the conversion of QSuper Board from a statutory authority to a proprietary company under the Corporations Act (Part 9, Division 2)","Integration with multiple external legislative schemes: the Commonwealth Superannuation Industry (Supervision) Act 1993 (SIS Act), Corporations Act, and Queensland's Public Sector Act 2022","Dual governance structures operating simultaneously during transition periods (e.g., Sections 42-48 dealing with the board's corporate transformation while maintaining trustee duties)","Technical defined benefit provisions involving actuarial calculations, accrued multiples, and unremunerative increases (Section 30) requiring specialised financial expertise","Numerous subordinate legislative instruments: Ministerial declarations, gazette notices, and regulations that determine actual contribution rates and eligibility criteria","Cross-referencing between the Act, the 1990 deed (trust deed), and Schedule 2 dictionary, where operational details are split across instruments","Protections and indemnities for officials (Section 60) that interact with both statutory and corporate law immunity provisions"],"plain_english_summary":"This Act governs **QSuper**, the superannuation (retirement savings) scheme for Queensland public sector employees.\n\n**What it does**\n- Establishes the legal framework for the State Public Sector Superannuation Scheme and the associated fund\n- Sets rules for who can join (membership), how much employers and employees must contribute, and how benefits are calculated and paid\n- Provides for two main types of benefits: **defined benefit** (guaranteed payments based on salary and service) and **accumulation** (investment-based accounts)\n- Governs the **QSuper Board** (the trustee), including its recent transition from a government body to a private company (QSuper Board Pty Ltd)\n- Protects superannuation benefits from being seized by creditors or assigned to others\n\n**Who it affects**\n- **Core government employees**: Public servants who are automatically covered unless they choose another fund\n- **Other State public sector workers**: Employees of government departments, agencies, and certain government-owned corporations\n- **Former public servants**: Those who have left the public sector but retain entitlements under the scheme\n- **The State**: The Queensland Government must contribute to cover defined benefit liabilities from the consolidated fund (taxpayer money)\n\n**Why it matters**\nThe Act secures the retirement savings of hundreds of thousands of Queensland government workers. It ensures that pension promises made to long-serving public servants are funded, manages the merger with other super funds (such as Sunsuper), and balances public oversight with commercial management of billions of dollars in retirement assets."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded in scope from its original 1990 intent. Originally focused on establishing and governing a single superannuation scheme for State public sector employees, it has grown to cover: the corporate transformation of QSuper Board into a proprietary company; open membership to any person (not just State employees); detailed investment manager approval processes for defined benefit assets; the State's balance sheet obligations to hold assets matching defined benefit liabilities; arrangements for employees who move between public and private sector employers; a Government Superannuation Officer role; default fund arrangements linking to local government (Brighter Super); and extensive transitional provisions managing multiple structural reforms. The 2021 amending Act in particular substantially restructured the Act and its governance arrangements."},"complexity_factors":["Extensive legislative history — the Act has been amended more than 20 times since 1990, with many sections inserted, substituted, renumbered and omitted across multiple amending Acts, making it extremely difficult to track the current state of the law","Multiple overlapping membership categories (standard defined benefit, government defined benefit, accumulation/core government employees) with distinct rules for each","Interaction with both Commonwealth legislation (Superannuation Industry (Supervision) Act 1993, Superannuation Guarantee (Administration) Act 1992, Corporations Act) and other Queensland Acts","Complex trust deed framework — the Act operates alongside a separate trust deed, and rights and obligations must be read across both instruments","Defined benefit funding obligations involve actuarial concepts (accrued liability, actuarial investigations, multiples) that are technically specialised","Transitional provisions spanning decades — references to repealed provisions still having effect, retrospective amendments, and provisions that expired at set dates add significant interpretive difficulty","Ministerial discretionary powers are broad and layered — the Minister can declare entities, employees, membership categories and fund arrangements by subordinate legislation, creating a shifting regulatory landscape","Corporate restructure provisions for QSuper Board becoming a proprietary company under the Corporations Act introduce company law complexity","Section numbering is non-linear and confusing due to repeated renumbering, omissions, and 'prev/pres' distinctions throughout the legislative history","The closure of the standard defined benefit category requires ongoing reference to repealed provisions preserved by savings clauses"],"plain_english_summary":"## What is this law?\n\nThe **Superannuation (State Public Sector) Act 1990** is a Queensland law that establishes and governs the superannuation (retirement savings) scheme for Queensland government (public sector) employees. Think of it as the rulebook for how Queensland government workers save for retirement through the scheme now known as **QSuper** (recently merged with Sunsuper to form **Australian Retirement Trust**).\n\n## Who does it affect?\n\n- **Queensland government employees** — public servants, police, teachers, health workers, and others employed by state government agencies\n- **Employers within the Queensland public sector** — government departments, agencies, and related bodies required to make contributions\n- **The Treasurer and relevant Ministers** — who have significant powers to declare who is covered and how the scheme operates\n- **The trustee** (previously QSuper Board, now transitioning to a private company structure) — responsible for managing the scheme\n- **Retirees and former government employees** holding defined benefit entitlements\n\n## What does it actually do?\n\n1. **Continues the superannuation scheme** — it doesn't create it from scratch but continues a scheme originally set up in 1990 under a trust deed (a legal document establishing the rules of the fund)\n\n2. **Defines who is covered** — the Minister can declare which government bodies are part of the \"State public sector\" and which employees must join the scheme\n\n3. **Membership rules** — most core government employees are automatically in the scheme (it's their default fund), but they can choose to have their employer contributions go to a different superannuation fund instead\n\n4. **Protects 'defined benefit' members** — some older members are in a 'defined benefit' category, meaning they receive a retirement payout based on a formula (usually linked to salary and years of service) rather than just what they contributed. The standard defined benefit category was **closed to new members in November 2008**. The State (through the Treasurer) must fund any shortfall in these guaranteed payouts\n\n5. **Government's financial obligation** — the Treasurer must contribute from the State's budget (consolidated fund) to cover guaranteed retirement payouts for defined benefit members. The State must also hold assets equal to what it owes these members, checked at least every 3 years\n\n6. **Protects your super from creditors** — your superannuation benefits cannot be seized by creditors, assigned to someone else, or used to pay your debts (even after death)\n\n7. **Corporate restructure of QSuper Board** — the Act manages QSuper Board's transition from a government body to a private company (QSuper Board Pty Ltd) — relevant when QSuper merged with Sunsuper\n\n8. **Government Superannuation Officer** — a special official appointed to advise the Minister and oversee superannuation arrangements for public sector employees\n\n## Why does it matter to you?\n\nIf you are (or were) a Queensland government employee:\n- Your employer **must** pay contributions into a super fund for you\n- You may have the **right to choose** a different super fund (unless you're in a defined benefit category)\n- If you're in a **defined benefit category**, your retirement payout is guaranteed by the Queensland Government — it won't disappear if the fund underperforms\n- Your super **cannot be taken from you** by creditors or legal action\n- The scheme's administration must remain **based in Queensland**"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.4(3)(b)","severity":"medium","reasoning":"Section 4(3)(b) conditions a declaration under s.4(2)(b) on the entity employing persons whose membership is 'continued under part 3, division 2'. Part 3, division 2 continuation provisions (ss.11-12) apply only after a 'relevant event' has occurred. The declaration under s.4(2)(b) is meant to enable that continuation, yet the condition for the declaration requires that the continuation already exists. This creates a logical circularity.","confidence":0.72,"description":"Bootstrapping condition: The Minister may declare an entity a unit of the State public sector only in relation to particular employees only if the entity employs persons whose membership in the scheme is continued under part 3, division 2. But membership can only be continued under part 3, division 2 (sec.11-12) if the relevant event has already happened - i.e., the entity has already ceased to be a unit or the person has already left the sector. The condition for the declaration presupposes the prior existence of continued membership, which itself depends on prior membership in the scheme, which may depend on the entity already being recognised for scheme purposes."},{"type":"other","section":"sec.42(2)-(3)","severity":"low","reasoning":"Applying repealed provisions as if they had not been repealed is logically paradoxical. The provisions cannot be simultaneously repealed and in force. While courts accept such drafting, it creates genuine interpretive uncertainty about the status of those provisions in relation to other legislation and whether they can be subject to further amendment.","confidence":0.55,"description":"The former board provisions are stated to continue to apply to QSuper Board 'as if they had not been repealed'. This is a legal fiction that requires applying provisions that have been removed from the statute book. The provisions are simultaneously repealed (and thus legally non-existent) and in force. While transitional provisions commonly work this way, the mechanism of declaring repealed provisions to apply 'as if not repealed' creates a legal limbo where it is unclear whether the provisions can be amended, how they interact with other current legislation, or what happens if there is a conflict with current unrepealed provisions."},{"type":"self_contradicting","section":"sec.30(2)","severity":"medium","reasoning":"Section 30(2)(a)(ii) requires that the actuary's recommended amount 'does not otherwise affect the member's benefits in the standard defined benefit category at the annual review date'. But the entire purpose of the adjustment under s.30(2)(a)(i) is to exclude the effect of the unremunerative increase, which will result in a lower relevant accrued multiple and thus a lower voluntary exit benefit. The condition in (ii) cannot be satisfied if (i) is applied, making simultaneous compliance with both sub-conditions of s.30(2)(a) impossible.","confidence":0.7,"description":"The government superannuation officer has a discretion to decide either (a) to adjust the relevant accrued multiple in a specified way, or (b) to take no action. Option (a) includes a sub-condition that the adjustment 'does not otherwise affect the member's benefits in the standard defined benefit category at the annual review date'. However, excluding the effect of an unremunerative salary increase from the accrued multiple will necessarily affect the member's benefits (since the multiple is used to calculate the voluntary exit benefit). The provision thus requires the officer to make an adjustment that simultaneously excludes the unremunerative increase while not affecting the member's benefits - which is contradictory since excluding the increase means a lower benefit."},{"type":"other","section":"sec.44(2)(a) and sec.45","severity":"low","reasoning":"The Minister can declare a registration day that is contingent on a future uncertain event (appointment of new trustee taking effect). This means at the time of gazette publication there may be no determinable registration day, which conflicts with the Corporations Act's requirement for a specific deemed registration date and creates uncertainty about legal status in the intervening period.","confidence":0.6,"description":"Section 44(2)(a) defines the 'registration day' as the day declared by the Minister under section 45. Section 45(1) gives the Minister power to declare 'the day QSuper Board is to be taken to be registered'. Section 45(2) says this includes power to declare a day 'that is after the notice is published'. This means the registration day can be declared prospectively. However, under the Corporations Act s.5H, the deemed registration operates by reference to a specific day. The mechanism of declaring a future day by reference to a contingent event (the appointment of a new trustee taking effect) means the registration day may be uncertain or unknowable at the time of the gazette notice, potentially creating uncertainty about when the legal transformation has occurred."},{"type":"other","section":"sec.34(2)(a)","severity":"low","reasoning":"The phrase 'at least 10 years after commencement' ordinarily means the review must happen no sooner than 10 years. But it also creates an obligation to arrange a review, which implies it must happen at some point. The combination creates ambiguity: must the review occur as close to 10 years as practicable, or does the 'at least' simply set a minimum waiting period with no maximum?","confidence":0.5,"description":"The government superannuation officer's function includes arranging an independent review 'at least 10 years after the commencement of part 10, division 2, subdivision 3'. This means the review must not occur earlier than 10 years after commencement but the section imposes no outer time limit. The provision thus creates a mandatory function that can theoretically never be performed (if someone reads it as requiring the review to occur at exactly the 10-year mark) or creates an open-ended obligation that could be deferred indefinitely beyond 10 years. The phrase 'at least 10 years after' means the review cannot occur before the 10-year mark, but it is ambiguous whether a review at 20 or 30 years would satisfy the obligation."},{"type":"self_contradicting","section":"sec.47(1) and sec.47(3)","severity":"low","reasoning":"The 'for all purposes' continuity declaration in s.47(1) is contradicted by the carve-out in s.47(3). If it is the same entity for all purposes, it should have the same relationship to the State. The need for s.47(3) reveals that s.47(1) cannot truly mean 'for all purposes'.","confidence":0.65,"description":"Section 47(1) declares QSuper Board Pty Ltd to be 'for all purposes' the same legal entity as QSuper Board. Section 47(3) then declares that 'despite subsections (1) and (2)' QSuper Board Pty Ltd does not represent the State. The qualifier 'for all purposes' in subsection (1) appears to be immediately negated by subsection (3). If QSuper Board (pre-registration) was an entity that in some sense represented the State (given its statutory origins and functions), then declaring it to be 'for all purposes' the same entity while simultaneously declaring it does not represent the State creates a logical inconsistency."}],"contradictions":[{"severity":"low","section_a":"sec.9","section_b":"sec.18 and sec.19","confidence":0.55,"description":"Section 9 declares the scheme is 'open to membership by any person', subject only to membership requirements in the deed. However, sections 18 and 19 establish a regime where core government employees are defaulted into the scheme (s.18) but may choose another fund (s.19). For employees who exercise their choice under s.19 to contribute to another fund, their employer contributions go to that other fund. This is consistent with s.9 in that the scheme remains 'open' to them, but the practical effect of the default fund regime and choice of fund provisions is that some employees will never join the scheme despite it being 'open'. More significantly, s.21 limits part 5 (compulsory contributions) to employees 'mentioned in a membership declaration', which means employees not covered by a membership declaration are outside the compulsory contributions framework even if the scheme is technically open to them under s.9."},{"severity":"medium","section_a":"sec.12(1)","section_b":"sec.14(2)","confidence":0.68,"description":"Section 12(1) provides that a person's membership continues 'in the same category and subject to the same conditions as applied before the relevant event'. Section 14(2) states that a declaration under s.10 about the person's membership 'must be consistent with section 12'. However, section 10(1) gives the Minister power to declare membership categories for which an employee is eligible, conditions applying to membership, and whether membership is compulsory. If the Minister makes a s.10 declaration that changes the category or conditions of membership after a relevant event, this would be inconsistent with s.12(1)'s requirement that membership continues in the same category under the same conditions. Section 14(2) attempts to resolve this by requiring consistency with s.12, but it is unclear how the Minister can make a meaningful s.10 declaration about such a person without either duplicating s.12 or varying it, making s.14(1)(b) effectively hollow for persons to whom s.12 applies."},{"severity":"low","section_a":"sec.26(1)(a)(i)","section_b":"sec.26(1)(a)(ii)","confidence":0.52,"description":"Section 26(1)(a) allows the trustee to amend the deed affecting members' rights if all three conditions in (i), (ii) and (iii) apply. Condition (i) requires the actuary-advised belief that the amendment will not affect the Treasurer's contributions under s.31. Condition (ii) requires that the amendment does not affect entitlements to defined benefits or defined benefit contributions. These two conditions are not necessarily co-extensive: it is possible that an amendment does not affect defined benefit entitlements or contributions (satisfying (ii)) but does affect the Treasurer's contributions under s.31 because of changed administrative costs or other factors (failing (i)). Conversely, an amendment might not affect the Treasurer's s.31 contributions (satisfying (i)) but could affect member entitlements (failing (ii)). The two conditions address different things and their simultaneous satisfaction cannot be assumed, creating potential for conflicting outcomes."},{"severity":"medium","section_a":"sec.31(4)","section_b":"sec.31(1)(b)","confidence":0.63,"description":"Section 31(4) sets a minimum floor for the Treasurer's annual contributions - being at least enough to meet defined benefits payable in the year less amounts already contributed and member contributions with accumulated interest. Section 31(1)(b) separately gives the Treasurer discretion to make 'any other contributions the Treasurer considers necessary for the efficient and effective operation of the scheme in relation to government defined benefit members', with the amount under s.31(3) decided by the Treasurer in consultation with the trustee. This means the minimum under s.31(4) must be met regardless of the Treasurer's view, but the Treasurer also has discretion to add further amounts under s.31(1)(b). However, if the s.31(4) minimum already covers the defined benefits payable, s.31(1)(b) discretionary contributions are additional and at the Treasurer's sole discretion. The interaction between the mandatory minimum and the discretionary additional contributions creates uncertainty about whether the floor in s.31(4) applies to the total of both s.31(1)(a) and s.31(1)(b) contributions or just to s.31(1)(a)."},{"severity":"low","section_a":"sec.29(2)","section_b":"sec.29(4)-(5)","confidence":0.58,"description":"Section 29(2) requires units to pay required amounts within 1 week after the end of each pay period (or by the time stated by the Treasurer). Section 29(3) provides interest accrues if payment is not made in time. Sections 29(4)-(5) then provide a separate interest accrual mechanism that applies when payment is made on time but the trustee cannot allocate the funds to the member's account due to inaccurate or incomplete information from the unit. Under s.29(5), interest accrues on the unallocated amount at the regulation-prescribed rate. However, both interest regimes (s.29(3) for late payment and s.29(5) for allocation failure due to bad information) could potentially apply to the same amount if payment is late AND the information is incomplete, creating a possible double-interest scenario that the section does not address."},{"severity":"medium","section_a":"sec.47(2)(d)","section_b":"sec.48(1)","confidence":0.67,"description":"Section 47(2)(d) provides that registration does not 'affect the employment, or entitlements as an employee, of a person who was a member of staff of QSuper Board other than the board's chief executive officer, immediately before the registration day'. Section 48(1) provides that 'on the registration day, the members and chief executive officer of QSuper Board go out of office'. These provisions are deliberately differentiated, but they create an ambiguity about 'members' (directors/board members) of QSuper Board who are not staff and not the CEO: s.47(2)(d) protects staff (excluding CEO), and s.48(1) removes members and the CEO from office. If a board member was also a staff member, it is unclear whether their employment is protected under s.47(2)(d) while their board membership is terminated under s.48(1), and whether the removal from office under s.48(1) constitutes an effect on 'employment or entitlements as an employee' that s.47(2)(d) is meant to protect."}]}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-state-public-sector-act-1990","history":"/api/acts/superannuation-state-public-sector-act-1990/history","analysis":"/api/acts/superannuation-state-public-sector-act-1990/analysis","conflicts":"/api/acts/superannuation-state-public-sector-act-1990/conflicts","importantCases":"/api/acts/superannuation-state-public-sector-act-1990/important-cases","documents":"/api/acts/superannuation-state-public-sector-act-1990/documents"}}