133 Transitional—determinations made under section 31 of the Wool Services Privatisation Act 2000
Subsection 31(7A) of the Wool Services Privatisation Act 2000 as amended by this Schedule has effect as if a determination under repealed subsection 31(7) of the Wool Services Privatisation Act 2000 had been made under subsection 31(7) of that Act as amended by this Schedule.
Schedule 2—Validation of certain benefits under the Defence Force Retirement and Death Benefits Act 1973
1 Definitions
In this Schedule:
contributing member has the same meaning as in the Defence Force Retirement and Death Benefits Act 1973.
CSC has the same meaning as in the Defence Force Retirement and Death Benefits Act 1973.
MSB scheme has the same meaning as in the Defence Force Retirement and Death Benefits Act 1973.
2 Validation of certain pensions—members of DFRDB scheme
a pension commenced to be paid to a person; and
(b) throughout a period (the interim period) ending at or before the commencement of this item, the following conditions were satisfied:
(i) the pension purported to be a benefit payable to the person under the Defence Force Retirement and Death Benefits Act 1973;
(ii) the whole or a part of the pension (which whole or part is in this item called the relevant portion) was not payable; and
(c) at a particular time before 1 July 2008:
(i) the person purported to make an election, in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973, to become a contributing member; or
(ii) the person purported to make an election, in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973, not to become a member of the MSB scheme; and
(d) the election was invalid; and
(e) the relevant portion would have been payable if:
(i) if subparagraph (c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(ii) if subparagraph (c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973; and
(f) the relevant portion was not recovered in whole or in part, before the commencement of this item, under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.
(2) The total amount of the relevant portion paid to the person during the interim period:
(3) An amount recoverable under subitem (2) is not recoverable under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.
(4) There is payable to the person a benefit equal to the total amount of the relevant portion that would have been payable to the person during the interim period if:
(a) if subparagraph (1)(c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(b) if subparagraph (1)(c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.
(5) The amount payable by the person under subitem (2) may be set off against the amount payable to the person under subitem (4).
(6) The Defence Force Retirement and Death Benefits Act 1973 and the Military Superannuation and Benefits Act 1991 have, and are taken to have had, effect as if:
(a) if subparagraph (1)(c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(b) if subparagraph (1)(c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.
(7) However, the person is not entitled during:
(a) the interim period; or
(b) if the interim period ends before the commencement of this item—the period:
(i) beginning at the end of the interim period; and
(ii) ending at the commencement of this item;
to so much of a pension under the Defence Force Retirement and Death Benefits Act 1973 as corresponds to the relevant portion.
(a) is taken (except for the purposes of subitem (7)) to be a benefit payable under the Defence Force Retirement and Death Benefits Act 1973; and
(b) is taken, for the purposes of subsection 125(3) of the Defence Force Retirement and Death Benefits Act 1973, to be a payment made by the Commonwealth under that Act.
3 Validation of certain lump sums—members of DFRDB scheme
a lump sum was paid to a person; and
(b) the lump sum purported to be a benefit payable to the person under the Defence Force Retirement and Death Benefits Act 1973; and
(c) the whole or a part of the lump sum (which whole or part is in this item called the relevant portion) was not payable; and
(d) at a particular time before 1 July 2008:
(i) the person purported to make an election, in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973, to become a contributing member; or
(ii) the person purported to make an election, in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973, not to become a member of the MSB scheme; and
(e) the election was invalid; and
(f) the relevant portion would have been payable if:
(i) if subparagraph (d)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(ii) if subparagraph (d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973; and
(g) the relevant portion was not recovered in whole or in part, before the commencement of this item, under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.
(2) The amount of the relevant portion:
(3) An amount recoverable under subitem (2) is not recoverable under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.
(4) There is payable to the person a benefit equal to the relevant portion that would have been payable to the person if:
(a) if subparagraph (1)(d)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(b) if subparagraph (1)(d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.
(5) The amount payable by the person under subitem (2) may be set off against the amount payable to the person under subitem (4).
(6) The Defence Force Retirement and Death Benefits Act 1973 and the Military Superannuation and Benefits Act 1991 have, and are taken to have had, effect as if:
(a) if subparagraph (1)(d)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(b) if subparagraph (1)(d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.
(7) However, the person is not entitled to so much of a lump sum under the Defence Force Retirement and Death Benefits Act 1973 as corresponds to the relevant portion.
(a) is taken (except for the purposes of subitem (7)) to be a benefit payable under the Defence Force Retirement and Death Benefits Act 1973; and
(b) is taken, for the purposes of subsection 125(3) of the Defence Force Retirement and Death Benefits Act 1973, to be a payment made by the Commonwealth under that Act.
4 Validation of certain pensions—associates of members of DFRDB scheme
a pension commenced to be paid to a person (the first person); and
(b) throughout a period (the interim period) ending at or before the commencement of this item, the following conditions were satisfied:
(i) the pension purported to be a benefit payable to the first person under the Defence Force Retirement and Death Benefits Act 1973;
(ii) the whole or a part of the pension (which whole or part is in this item called the relevant portion) was not payable; and
(c) at a particular time before 1 July 2008:
(i) another person (the second person) purported to make an election, in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973, to become a contributing member; or
(ii) another person (the second person) purported to make an election, in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973, not to become a member of the MSB scheme; and
(d) the election was invalid; and
(e) the relevant portion would have been payable if:
(i) if subparagraph (c)(i) applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(ii) if subparagraph (c)(ii) applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973; and
(f) the relevant portion was not recovered in whole or in part, before the commencement of this item, under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.
(2) The total amount of the relevant portion paid to the first person during the interim period:
(3) An amount recoverable under subitem (2) is not recoverable under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.
(4) There is payable to the first person a benefit equal to the total amount of the relevant portion that would have been payable to the first person during the interim period if:
(a) if subparagraph (1)(c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(b) if subparagraph (1)(c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.
(5) The amount payable by the first person under subitem (2) may be set off against the amount payable to the first person under subitem (4).
(6) The Defence Force Retirement and Death Benefits Act 1973 and the Military Superannuation and Benefits Act 1991 have, and are taken to have had, effect as if:
(a) if subparagraph (1)(c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(b) if subparagraph (1)(c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.
(7) However, the first person is not entitled during:
(a) the interim period; or
(b) if the interim period ends before the commencement of this item—the period:
(i) beginning at the end of the interim period; and
(ii) ending at the commencement of this item;
to so much of a pension under the Defence Force Retirement and Death Benefits Act 1973 as corresponds to the relevant portion.
(a) is taken (except for the purposes of subitem (7)) to be a benefit payable under the Defence Force Retirement and Death Benefits Act 1973; and
(b) is taken, for the purposes of subsection 125(3) of the Defence Force Retirement and Death Benefits Act 1973, to be a payment made by the Commonwealth under that Act.
5 Validation of certain lump sums—associates of members of DFRDB scheme
a lump sum was paid to a person (the first person); and
(b) the lump sum purported to be a benefit payable to the first person under the Defence Force Retirement and Death Benefits Act 1973; and
(c) the whole or a part of the lump sum (which whole or part is in this item called the relevant portion) was not payable; and
(d) at a particular time before 1 July 2008:
(i) another person (the second person) purported to make an election, in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973, to become a contributing member; or
(ii) another person (the second person) purported to make an election, in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973, not to become a member of the MSB scheme; and
(e) the election was invalid; and
(f) the relevant portion would have been payable if:
(i) if subparagraph (d)(i) applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(ii) if subparagraph (d)(ii) applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973; and
(g) the relevant portion was not recovered in whole or in part, before the commencement of this item, under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.
(2) The amount of the relevant portion:
(3) An amount recoverable under subitem (2) is not recoverable under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.
(4) There is payable to the first person a benefit equal to the relevant portion that would have been payable to the first person if:
(a) if subparagraph (1)(d)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(b) if subparagraph (1)(d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.
(5) The amount payable by the first person under subitem (2) may be set off against the amount payable to the first person under subitem (4).
(6) The Defence Force Retirement and Death Benefits Act 1973 and the Military Superannuation and Benefits Act 1991 have, and are taken to have had, effect as if:
(a) if subparagraph (1)(d)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
(b) if subparagraph (1)(d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.
(7) However, the first person is not entitled to so much of a lump sum under the Defence Force Retirement and Death Benefits Act 1973 as corresponds to the relevant portion.
(a) is taken (except for the purposes of subitem (7)) to be a benefit payable under the Defence Force Retirement and Death Benefits Act 1973; and
(b) is taken, for the purposes of subsection 125(3) of the Defence Force Retirement and Death Benefits Act 1973, to be a payment made by the Commonwealth under that Act.
6 Compensation for acquisition of property
(1) If the operation of this Schedule would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.