NORTHERN TERRITORY OF AUSTRALIA
ADMINISTRATORS PENSIONS ACT 1981
As in force at 1 July 2015
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
3AA Application of Act ............................................................................. 2
3AB Application of Criminal Code ........................................................... 2
Part 2 Tax related arrangements
3A Act to be administered so as to comply with superannuation
surcharge laws and agreements with Commonwealth .................... 2
3B Surcharge debt accounts ................................................................. 3
3C Advance payments to reduce superannuation contributions
surcharge......................................................................................... 3
3D Pension may be commuted to repay surcharge paid....................... 4
3E Commutation to pay deferred superannuation contributions
surcharge......................................................................................... 4
Part 3 Pensions
4 Pension payable .............................................................................. 4
5 Pension of spouse or de facto partner ............................................. 5
6 Variation of amount of pension ........................................................ 6
7 Reduction of amount where other pension payable......................... 6
Part 4 Review of decisions
7A Meaning of decision......................................................................... 7
7B Application for review by Tribunal .................................................... 7
7C Time limit for application for review ................................................. 7
7D Tribunal has jurisdiction ................................................................... 7
Part 5 General matters
8 Appropriation ................................................................................... 8
9 Act to be administered so as to comply with Family Law Act
provisions in relation to superannuation .......................................... 8
10 Treasurer may charge fees for additional services .......................... 9
10A Confidentiality of information ........................................................... 9
Administrators Pensions Act 1981 ii
Part 6 Transitional matters
11 Judges and Administrators Pensions Legislation Amendment
Act 2006 ........................................................................................ 10
12 Superannuation Legislation Amendment and Repeal Act 2014..... 10
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2015
ADMINISTRATORS PENSIONS ACT 1981
An Act to provide for the payment of pensions to former Administrators
and to their spouses
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Administrators Pensions Act 1981.
2 Commencement
This Act shall be deemed to have come into operation on
1 January 1981.
3 Definitions
In this Act, unless the contrary intention appears:
decision, for Part 4, see section 7A.
Family Law Act means the Family Law Act 1975 of the
Commonwealth and includes regulations made under that Act.
member spouse, in relation to a superannuation interest, means
the person who is the member spouse in relation to that interest
under Part VIIIB of the Family Law Act.
non-member spouse, in relation to a superannuation interest,
means the person who is the non-member spouse in relation to that
interest under Part VIIIB of the Family Law Act.
splitting instrument means a superannuation agreement, a flag
lifting agreement that provides for a payment split, or a splitting
order, each within the meaning of Part VIIIB of the Family Law Act.
superannuation contributions surcharge means the
superannuation contributions surcharge imposed under the
Surcharge Act.
Part 2 Tax related arrangements
Administrators Pensions Act 1981 2
superannuation interest means an interest that an Administrator
or former Administrator has under this Act.
Surcharge Act means the Superannuation Contributions Tax
Imposition Act 1997 of the Commonwealth and includes regulations
under that Act.
Surcharge Collection Act means the Superannuation
Contributions Tax (Assessment and Collection) Act 1997 of the
Commonwealth and includes regulations under that Act.
Tribunal, for Part 4, means the Civil and Administrative Tribunal.
3AA Application of Act
(1) This Act does not apply to an Acting Administrator or future
Administrator.
(2) In this section:
current Administrator means the Administrator holding office on
the commencement of this section.
future Administrator means an Administrator appointed after the
current Administrator ceases to hold office.
3AB Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 3AB
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 Tax related arrangements
3A Act to be administered so as to comply with superannuation
surcharge laws and agreements with Commonwealth
This Act is to be administered in accordance with:
(a) the Surcharge Act and the Surcharge Collection Act; and
Part 2 Tax related arrangements
Administrators Pensions Act 1981 3
(b) a written agreement entered into by the Territory and the
Commonwealth relating to exempt public sector
superannuation schemes within the meaning of section 10 of
the Superannuation Industry (Supervision) Act 1993 of the
Commonwealth.
3B Surcharge debt accounts
(1) The Treasurer must establish and maintain for the purposes of
section 16 of the Surcharge Collection Act a surcharge debt
account for each Administrator in relation to whom superannuation
contributions surcharge is paid or payable by the Treasurer.
(2) The Treasurer must debit to the surcharge debt account of an
Administrator:
(a) superannuation contributions surcharge paid or payable by the
Treasurer in respect of the Administrator; and
(b) interest paid or payable under the Surcharge Collection Act on
the amount by which the account is in debit.
(3) The Treasurer must credit to the surcharge debt account of an
Administrator an amount paid under section 3C by the
Administrator.
3C Advance payments to reduce superannuation contributions
surcharge
(1) An Administrator may, on lodging an approved election form with
the Treasurer, pay an amount to the Territory for the purpose of
reducing the amount by which the Administrator's surcharge debt
account is in debit.
(2) A payment under this section may be made on a periodic or single
payment basis.
(3) An election form lodged under subsection (1) is to specify the
amount to be paid and the manner of payment.
(4) An Administrator may, on lodging an approved election form with
the Treasurer:
(a) vary in accordance with the form the amount or manner of
payment of periodic payments; or
(b) revoke an election under this section.
(5) In this section, approved election form means a form approved by
the Treasurer.
Part 3 Pensions
Administrators Pensions Act 1981 4
3D Pension may be commuted to repay surcharge paid
The Treasurer may commute part of a pension payable under this
Act in relation to an Administrator to a lump sum for the purposes of
paying to the Territory an amount equal to the balance of the
Administrator's surcharge debt account.
3E Commutation to pay deferred superannuation contributions
surcharge
(1) If:
(a) a former Administrator, or the surviving spouse or de facto
partner of an Administrator or former Administrator who has
died, is paid a pension under this Act; and
(b) he or she has received from the Commissioner of Taxation
notice under section 15 of the Surcharge Collection Act that
he or she is liable to pay an amount of superannuation
contributions surcharge specified in the notice; and
(c) the superannuation contributions surcharge relates to
surchargeable contributions, within the meaning of the
Surcharge Collection Act, in relation to the former
Administrator, or to an Administrator, or former Administrator,
who has died,
the former Administrator or the surviving spouse may, within a
reasonable period after the notice was given, request the Treasurer
in writing to commute as much of the pension payable to him or her
as is necessary to provide a lump sum equivalent to the amount.
(2) The Treasurer must, if satisfied that the commuted amount will be
used to pay the superannuation contributions surcharge, comply
with a request under subsection (1).
Part 3 Pensions
4 Pension payable
(1) Subject to sections 6 and 7, there is payable to a person who
became the Administrator at any time after the commencement of
the Administrators Pensions Amendment Act 1999 and who:
(a) held that office for a period of not less than 5 years – an
annual pension for life equal to 60% of the annual basic salary
payable to him or her immediately before he or she ceased to
hold that office; or
Part 3 Pensions
Administrators Pensions Act 1981 5
(b) held that office for a period of less than 5 years:
(i) if the Commissioner within the meaning of the Public
Sector Employment and Management Act 1993 is
satisfied that his or her ceasing to hold the office arose
from a mental or physical incapacity to perform the
duties of that office; or
(ii) if he or she ceased to hold that office for reasons other
than voluntary retirement or the expiration of the period
of his or her appointment,
an annual pension for life equal to 60% of the annual basic
salary payable to him or her immediately before he or she
ceased to hold that office; or
(c) held that office for a period of less than 5 years due to
voluntary retirement or the expiration of the period of his or her
appointment – an annual pension for life equal to A% of the
annual basic salary payable to him or her immediately before
he or she ceased to hold that office, where:
(years served as Administrator )
A% = 60% x ( 5 ),
and with a part year being taken into account as a fraction of a
whole year calculated on the basis of days.
(2) Despite subsection (1) but subject to sections 6 and 7, the
Treasurer may, before the appointment of an Administrator,
determine that the annual pension for life payable under this Act to
that Administrator, if he or she becomes eligible for the pension
under this Act, is to be, in the place of the amount of pension he or
she would have been entitled to receive under subsection (1) if the
direction were not made, an amount per annum specified in the
direction.
(3) If the Treasurer makes a determination under subsection (2), he or
she must table a copy of the direction in the Legislative Assembly
within 3 sitting days of the Legislative Assembly after the day on
which the direction was given.
5 Pension of spouse or de facto partner
(1) Subject to sections 6 and 7, where an Administrator in office, or a
former Administrator receiving or entitled to receive a pension
under this Act, dies leaving a surviving spouse or de facto partner
(the surviving partner), there is payable to the surviving partner
for life a pension at two-thirds of the rate of pension:
Part 3 Pensions
Administrators Pensions Act 1981 6
(a) that would have been payable to the Administrator had he or
she retired immediately before the date of his or her death and
been eligible to receive a pension under this Act; or
(b) payable to the former Administrator (disregarding any amount
of reduction of pension pursuant to section 7) immediately
before the date of his or her death,
as the case may be.
(2) If the Administrator or former Administrator (the deceased) is
survived by both a spouse and a de facto partner, the two-thirds
pension is payable under subsection (1) to:
(a) the de facto partner if:
(i) the de facto partner was the de facto partner of the
deceased for a continuous period of at least 2 years
immediately preceding the deceased's death; and
(ii) the spouse had not lived with the deceased at any time
during that period; or
(b) the spouse if paragraph (a) does not apply.
6 Variation of amount of pension
A pension payable under this Act shall be adjusted at such times
and by the same percentage as the basic salary payable to the
Administrator for the time being.
7 Reduction of amount where other pension payable
(1) Subject to subsection (2), the amount of pension that, but for this
section, would be payable under this Act to a person in respect of a
period shall be reduced by the amount of pension or retiring
allowance payable to that person in respect of that period in respect
of any remunerative activity undertaken by the former
Administrator.
(2) For the purposes of calculating the amount of pension payable in
accordance with subsection (1), the Treasurer shall determine, after
considering such actuarial advice as he or she thinks fit, the
appropriate rate at which any lump sum payment in respect of any
remunerative activity undertaken by the former Administrator, and
payable as a result of his or her retirement or death, shall be taken
into account, and it shall be taken into account accordingly as if it
were a pension or retiring allowance.
Part 4 Review of decisions
Administrators Pensions Act 1981 7
Part 4 Review of decisions
7A Meaning of decision
For this Part, a person makes a decision if the person:
(a) makes a decision; or
(b) engages in any conduct in relation to making a decision.
7B Application for review by Tribunal
(1) A person, or the executor or administrator of a person's estate, who
is aggrieved by a decision made under this Act in relation to the
person, may apply to the Tribunal for review of the decision.
(2) The application must be made:
(a) within the time mentioned in section 7C; and
(b) in accordance with the Northern Territory Civil and
Administrative Tribunal Act 2014.
7C Time limit for application for review
(1) For section 7B(2)(a), the time within which an application for review
of a decision must be made is:
(a) if the decision relates to a benefit under section 5 – 30 days
after the decision was made; or
(b) otherwise – 12 months after the decision was made.
(2) The Tribunal may allow a longer period within which an application
for review may be made.
(3) However, the Tribunal may do so for subsection (1)(a) only if
satisfied that the decision maker failed to comply with the
requirements under the Northern Territory Civil and Administrative
Tribunal Act 2014 to notify the aggrieved person of his or her right
to apply for review.
7D Tribunal has jurisdiction
The Tribunal has jurisdiction to deal with matters under this Part.
Part 5 General matters
Administrators Pensions Act 1981 8
Part 5 General matters
8 Appropriation
An amount payable under this Act shall be paid monthly, or at such
shorter intervals as the Treasurer directs, out of the public moneys
of the Territory and the appropriation for that purpose is hereby
established or increased to the extent necessary.
9 Act to be administered so as to comply with Family Law Act
provisions in relation to superannuation
(1) This section applies despite any other provision of this Act.
(2) This Act is to be administered in accordance with the provisions of
the Family Law Act relating to superannuation.
(3) Subject to the provisions of the Family Law Act relating to
superannuation, this Act is to be administered in relation to a
person in accordance with the provisions of a splitting instrument, if
any, that applies in relation to the person.
(4) The Treasurer may prepare written administrative instructions that
are necessary or convenient to give effect to:
(a) the provisions of the Family Law Act relating to
superannuation;
(b) splitting instruments; and
(c) Acts of the Commonwealth relating to superannuation and
regulations under those Acts.
(5) Without limiting the generality of subsection (4), administrative
instructions for the purposes of that subsection may include, but are
not limited to, the following:
(a) the methods of calculating and paying a superannuation
interest to member spouses and non-member spouses,
including calculations that may reduce the superannuation
interest of a member spouse;
(b) the establishing of interests and accounts, including accounts
under the Superannuation Act 1986, for non-member
spouses.
(6) An administrative instruction prepared under subsection (4) takes
effect on the date specified in the instruction.
Part 5 General matters
Administrators Pensions Act 1981 9
(7) If a provision of this Act or the administrative instructions made
under this section is inconsistent with:
(a) a provision of the Family Law Act relating to superannuation;
or
(b) a splitting instrument,
the provision of this Act or the administrative instructions is taken to
have been complied with if the provision of the Family Law Act or a
splitting instrument, as the case may be, has been complied with.
10 Treasurer may charge fees for additional services
The Treasurer may charge a person the reasonable cost of
performing on behalf of the person a service in relation to this Act
that the Treasurer undertakes at the request of the person.
10A Confidentiality of information
(1) A person commits an offence if the person:
(a) obtains information in the course of performing functions
connected with the administration of this Act; and
(b) engages in conduct that results in the disclosure of the
information.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Strict liability applies in relation to subsection (1)(a).
(3) Subsection (1) does not apply if:
(a) the person discloses the information:
(i) for the administration of this Act; or
(ii) with the consent of the person to whom the information
relates; or
(iii) for legal proceedings arising out of the operation of this
Act; or
Part 6 Transitional matters
Administrators Pensions Act 1981 10
(b) the information is otherwise available to the public.
Note for subsection (3)
In addition to the circumstances mentioned in subsection (3), a person who
discloses confidential information will not be criminally responsible for an offence
if the disclosure is justified or excused by or under a law (see section 43BE of the
Criminal Code).
Part 6 Transitional matters
11 Judges and Administrators Pensions Legislation Amendment
Act 2006
(1) The amendments made to this Act by Part 3 of the Judges and
Administrators Pensions Legislation Amendment Act 2006 have
effect in relation to:
(a) the current Administrator within the meaning of section 3AA;
and
(b) anyone who held office as Administrator before the current
Administrator.
(2) However, the amendments do not create an entitlement to an
amount of pension for a period before the commencement of this
section.
12 Superannuation Legislation Amendment and Repeal Act 2014
Part 4 does not apply in relation to a decision made before the
commencement of section 76 of the Superannuation Legislation
Amendment and Repeal Act 2014.
ENDNOTES
Administrators Pensions Act 1981 11
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Administrators Pensions Act 1981 (Act No. 96, 1981)
Assent date 12 November 1981
Commenced 1 January 1981 (s 2)
Public Sector Employment and Management (Consequential Amendments) Act 1993
(Act No. 28, 1993)
Assent date 30 June 1993
Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and
Management Act 1993 (Act No. 11, 1993) and Gaz S53,
29 June 1993)
Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)
Assent date 21 March 1995
Commenced 1 April 1995 (s 2, s 2 Financial Management Act 1995 (Act
No. 4, 1995) and Gaz S13, 31 March 1995)
Administrators Pensions Amendment Act 1998 (Act No. 66, 1998)
Assent date 23 September 1998
Commenced 20 October 1998 (Gaz S41 20 October 1998)
Administrators Pensions Amendment Act 1999 (Act No. 60, 1999)
Assent date 14 December 1999
Commenced 14 December 1999
Administrators Pensions Amendment Act 2003 (Act No. 11, 2003)
Assent date 18 March 2003
Commenced 28 May 2003 (Gaz G21, 28 May 2003, p 3)
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date 7 January 2004
Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)
ENDNOTES
Administrators Pensions Act 1981 12
Administrators Pensions Amendment Act 2006 (Act No. 5, 2006)
Assent date 26 April 2006
Commenced 26 April 2006
Judges and Administrators Pensions Legislation Amendment Act 2006 (Act No. 21,
2006)
Assent date 28 June 2006
Commenced 28 June 2006
Financial Management Amendment Act 2009 (Act No. 15, 2009)
Assent date 18 June 2009
Commenced 18 June 2009
Superannuation Legislation Amendment and Repeal Act 2014 (Act No. 39, 2014)
Assent date 13 November 2014
Commenced pts 1 and 2: 13 November 2014 (s 2); pts 3 and 5: 1 July 2015
(Gaz G21, 27 May 2015, p 2); pt 4: nc
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 45 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003
(Act No. 1, 2004)
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 7B, 7C and 9.
5 LIST OF AMENDMENTS
pt 1 hdg ins No. 39, 2014, s 35
s 3 sub No. 66, 1998, s 4
amd No. 11, 2003, s 4; No. 5, 2006, s 3; No. 39, 2014, s 75
s 3AA ins No. 5, 2006, s 4
s 3AB ins No. 39, 2014, s 36
pt 2 hdg ins No. 39, 2014, s 37
ss 3A – 3D ins No. 66, 1998, s 4
s 3E ins No. 60, 1999, s 3
amd No. 1, 2004, s 43; No. 39, 2014, s 38
pt 3 hdg ins No. 39, 2014, s 39
s 4 amd No. 28, 1993, s 3; No. 66, 1998, s 5
sub No. 60, 1999, s 4
amd No. 39, 2014, s 40
s 5 amd No. 66, 1998, s 5; No. 1, 2004, s 44; No. 21, 2006, s 8
s 7 amd No. 66, 1998, s 5; No. 60, 1999, s 5
pt 4 hdg ins No. 39, 2014, s 76
ss 7A – 7D ins No. 39, 2014, s 76
pt 5 hdg ins No. 39, 2014, s 41
s 8 amd No. 5, 1995, s 19; No. 15, 2009, s 16
s 9 ins No. 11, 2003, s 5
amd No. 39, 2014, s 42
s 10 ins No. 11, 2003, s 5
s 10A ins No. 39, 2014, s 43
pt 6 hdg ins No. 39, 2014, s 77
ENDNOTES
Administrators Pensions Act 1981 13
s 11 ins No. 21, 2006, s 9
amd No. 39, 2014, s 78
s 12 ins No. 39, 2014, s 79