Australian Capital Territory
Legislative Assembly (Members’
Superannuation) Act 1991
A1991-93
Republication No 9
Effective: 1 July 2011
Republication date: 1 July 2011
Last amendment made by A2011-22
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Legislative Assembly (Members’ Superannuation) Act 1991
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 1 July 2011. It also includes any commencement, amendment, repeal or expiry
affecting this republished law to 1 July 2011.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for
an individual and $550 for a corporation (see Legislation Act 2001, s 133).
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Legislative Assembly (Members’
Superannuation) Act 1991
Contents
Page
Chapter 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
3A Meaning of discontinuance 2
Chapter 2 Defined benefits scheme
Part 2.1 Preliminary
3B Application—ch 2 4
3C Definitions—ch 2 4
Contents
Page
contents 2 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 2.2 Legislative Assembly Members
Superannuation Board
Division 2.2.1 Establishment of board
4 Establishment 5
5 Functions 5
6 Powers 5
Division 2.2.2 Constitution and operation
7 Constitution 5
8 Chair of board 6
9 Secretary of board 6
10 Meetings 7
11 Procedure at meetings 7
11A Annual report by board 8
Part 2.3 Entitlements of members
12 Eligibility 9
13 Members’ contributions 9
15 Superannuation benefit 9
16 Death or invalidity benefit 11
17 Payment to estate 11
18 Preservation of benefit 11
18A Members may transfer to choice of funds scheme 12
Part 2.4 Notification and review of decisions
19 Definitions—pt 2.4 13
20 Internal review notices 13
21 Applications for reconsideration 13
21A Reconsideration 14
21B Reviewable decision notices 14
21C Applications to ACAT 14
Chapter 3 Choice of funds scheme
22 Application—ch 3 16
Contents
Page
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
contents 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
23 Choice of fund by members 16
24 Territory contributions 16
Chapter 4 Miscellaneous
25 Regulation-making power 18
Dictionary 19
Endnotes
1 About the endnotes 21
2 Abbreviation key 21
3 Legislation history 22
4 Amendment history 23
5 Earlier republications 27
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Legislative Assembly (Members’
Superannuation) Act 1991
An Act to provide superannuation benefits for members of the Legislative
Assembly, and for related purposes
Chapter 1 Preliminary
Section 1
page 2 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Chapter 1 Preliminary
1 Name of Act
This Act is the Legislative Assembly (Members’ Superannuation)
Act 1991.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
3A Meaning of discontinuance
(1) For this Act, a discontinuance, in relation to a member, happens
when the member’s term of office ends by—
(a) death; or
(b) resignation; or
(c) retirement on the ground of invalidity; or
(d) disqualification or expulsion; or
(e) dissolution of the Legislative Assembly; or
Preliminary Chapter 1
Section 3A
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(f) the ending of the member’s term of office under the
Self-Government Act, section 10 (Term of office of member).
(2) However, a discontinuance is taken not to have happened for this
chapter if the member is re-elected to the Legislative Assembly at—
(a) if subsection (1) (e) applies—the 1st general election after the
dissolution of the Assembly; or
(b) if subsection (1) (f) applies—the general election for which the
polling day marks the end of the member’s term of office.
Chapter 2 Defined benefits scheme
Part 2.1 Preliminary
Section 3B
page 4 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Chapter 2 Defined benefits scheme
Part 2.1 Preliminary
3B Application—ch 2
This chapter applies in relation to a member elected before the 2008
general election, in relation to a relevant period of service by the
member, until the earlier of the following events:
(a) the member’s discontinuance;
(b) if the member makes an election under section 18A (Members
may transfer to choice of funds scheme)—the amount of the
member’s benefit under this chapter is paid under the section.
Note Elected—see the dictionary.
3C Definitions—ch 2
In this chapter:
board means the Australian Capital Territory Legislative Assembly
Members Superannuation Board established under section 4.
invalidity, in relation to a person, means a permanent disability to
which at least 2 doctors certify, and that the board decides, is likely
to result in an inability ever to work in an occupation for which the
person is reasonably qualified by education, training or experience.
relevant period of service means the period during which a person
served as a member in consecutive terms, but does not include a
period of service in relation to which the person has received a
superannuation benefit under this chapter.
Defined benefits scheme Chapter 2
Legislative Assembly Members Superannuation Board Part 2.2
Establishment of board Division 2.2.1
Section 4
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 2.2 Legislative Assembly Members
Superannuation Board
Division 2.2.1 Establishment of board
4 Establishment
There shall be an Australian Capital Territory Legislative Assembly
Members Superannuation Board.
5 Functions
(1) The board shall be responsible for the administration of this chapter.
(2) Without limiting subsection (1), the board shall be responsible for—
(a) determining entitlements in accordance with this chapter; and
(b) determining applications for retirement on the grounds of
invalidity.
6 Powers
The board has power to do all things necessary or convenient to be
done for or in connection with the performance of its functions.
Division 2.2.2 Constitution and operation
7 Constitution
(1) The board is constituted by 4 persons, being—
(a) the Speaker of the Legislative Assembly or, in the absence of
the Speaker, the Deputy Speaker; and
(b) a government member elected in accordance with the relevant
procedures at a meeting, convened by the Speaker, of
government members or an alternate government member
elected in accordance with the relevant procedures at a
Chapter 2 Defined benefits scheme
Part 2.2 Legislative Assembly Members Superannuation Board
Division 2.2.2 Constitution and operation
Section 8
page 6 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
meeting, convened by the Speaker, of government members;
and
(c) an opposition member elected in accordance with the relevant
procedures at a meeting, convened by the Speaker, of
opposition members or an alternate opposition member elected
in accordance with the relevant procedures at a meeting,
convened by the Speaker, of opposition members; and
(d) the director-general of the administrative unit responsible for
the Financial Management Act 1996.
(2) In this section:
government member means a member of the Executive or a
member who belongs to a party, or is associated with a group of
members, represented on the Executive.
opposition member means a member who is not a government
member.
relevant procedures means the procedures laid down in the
Standing Orders of the Legislative Assembly for the election of the
Speaker.
(3) The performance of the functions or the exercise of the powers of
the board is not affected by reason only of a vacancy in the
membership of the board.
8 Chair of board
The Speaker or, in the absence of the Speaker, the Deputy Speaker
is the chair of the board.
9 Secretary of board
The director-general of the administrative unit responsible for the
Financial Management Act 1996 is the secretary of the board.
Defined benefits scheme Chapter 2
Legislative Assembly Members Superannuation Board Part 2.2
Constitution and operation Division 2.2.2
Section 10
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
10 Meetings
(1) The chair shall convene a meeting of the board—
(a) whenever the chair considers necessary for the efficient
performance of its functions; and
(b) upon the written request of any member.
(2) Where the chair proposes to convene a meeting of the board, he or
she shall, not later than 5 days before the date of the proposed
meeting, give each member of the board a notice in writing
specifying—
(a) the date, time and place of the meeting; and
(b) the matters to be considered at the meeting.
11 Procedure at meetings
(1) The chair shall preside at all meetings of the board at which he or
she is present.
(2) Where the chair is absent from a meeting a member of the board
chosen by those present shall preside at the meeting.
(3) The member of the board presiding at a meeting may give directions
regarding the procedure to be followed at the meeting.
(4) At a meeting, 3 members of the board constitute a quorum.
(5) Questions arising at a meeting shall be decided by a majority of the
votes of the members of the board present and voting.
(6) The presiding member has a deliberative vote and, in the event of an
equality of votes, a casting vote.
(7) The board shall keep minutes of its proceedings.
Chapter 2 Defined benefits scheme
Part 2.2 Legislative Assembly Members Superannuation Board
Division 2.2.2 Constitution and operation
Section 11A
page 8 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
11A Annual report by board
The board must, after each 30 June, present to the Legislative
Assembly a report of the board’s operations during the financial
year ending on that date.
Defined benefits scheme Chapter 2
Entitlements of members Part 2.3
Section 12
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 2.3 Entitlements of members
12 Eligibility
A person who holds, or has held, office as a member is eligible on
the person’s discontinuance to receive benefits under this chapter in
relation to the person’s relevant period of service.
13 Members’ contributions
A member must pay 5% of the member’s salary into the territory
banking account in respect of superannuation benefits.
15 Superannuation benefit
(1) Superannuation benefit is payable to a person entitled to a benefit
under section 12, in respect of the person’s relevant period of
service, by way of a lump sum calculated in accordance with the
following formula:
SPABSD
where:
BSD means the basic salary payable, on the date of that person’s
discontinuance, to members who are not office-holders.
SPA means the sum of the person’s annual percentage accruals
calculated in accordance with subsection (2).
(2) Annual percentage accruals are calculated as at 30 June each year
for the financial year ended on that date during the continuance of a
member’s relevant period of service and at 30 June in the financial
year during which the member’s discontinuance occurred, and are
equal to 29% for each full year of service.
Chapter 2 Defined benefits scheme
Part 2.3 Entitlements of members
Section 15
page 10 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) Where a member has been an office-holder during any part of a
financial year the member’s annual percentage accrual for that year
is increased by multiplying the 29% referred to in subsection (2) by
a number calculated in accordance with the following formula:
TSPM
TSR
where:
TSR means the total salary received by that member during that
financial year.
TSPM means the total basic salary which would have been received
by the member during that financial year had the member not been
an office-holder at any time during that financial year.
(4) Where a person was not a member during the whole of the financial
year the person’s annual percentage accrual for that year is reduced
by multiplying that 29% referred to in subsection (2) by a number
calculated in accordance with the following formula:
365
NDM
where:
NDM means the number of days in that financial year on which that
person was a member.
(5) In this section:
office-holder means a member who receives additional salary under
the remuneration tribunal’s determination in relation to the
Legislative Assembly.
Defined benefits scheme Chapter 2
Entitlements of members Part 2.3
Section 16
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
16 Death or invalidity benefit
(1) Where—
(a) a member’s discontinuance is due to death or invalidity; and
(b) the member was under 60 years of age on the date of the
member’s discontinuance;
a further benefit is payable in accordance with this section.
(2) The further benefit under subsection (1) is calculated by dividing the
superannuation benefit payable to the member under section 15 by
the number of days in the member’s relevant period of service and
then multiplying the quotient by the number of days from the date of
the member’s discontinuance until the date on which the member
would attain the age of 60 years.
17 Payment to estate
Where a person—
(a) becomes eligible to receive a benefit under this chapter; and
(b) dies before that benefit is paid;
the benefit is payable to the estate of that person.
18 Preservation of benefit
(1) This section applies to a person who becomes entitled to a
superannuation benefit under this chapter if the person—
(a) is less than 55 years old; or
(b) is at least 55 years old but remains a member of the workforce.
(2) The benefit is payable—
(a) if the person is leaving Australia permanently or the
entitlement is because of a discontinuance caused by the
person’s death or invalidity—immediately to the person; or
Chapter 2 Defined benefits scheme
Part 2.3 Entitlements of members
Section 18A
page 12 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) in any other case—
(i) to an eligible choice fund chosen by the person; or
(ii) if the person does not choose an eligible choice fund
within 3 months after the day the person becomes entitled
to the benefit—the default fund.
(3) For subsection (2) (b) (i), the choice must be in writing given to the
board.
18A Members may transfer to choice of funds scheme
(1) A member may elect to transfer the amount of the member’s
benefits under this chapter to a fund chosen by the member under
section 23 (Choice of fund by members).
(2) An election must be in writing given to the board.
(3) The board must—
(a) determine the amount of the member’s benefit under section 15
(Superannuation benefit) as if the member were entitled to
receive a benefit under section 12 (Eligibility); and
(b) pay the amount to the fund.
Defined benefits scheme Chapter 2
Notification and review of decisions Part 2.4
Section 19
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 13
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 2.4 Notification and review of
decisions
19 Definitions—pt 2.4
In this part:
internally reviewable decision means a decision of the board under
this Act.
internal review notice—see the ACT Civil and Administrative
Tribunal Act 2008, section 67B (1).
reviewable decision means a decision of the board—
(a) in relation to an internally reviewable decision; or
(b) to refuse to extend the period for applying for reconsideration
of a decision under section 21 (3).
20 Internal review notices
If the board makes an internally reviewable decision, the board must
give an internal review notice to each entity that has interests
affected by the decision.
Note The requirements for internal review notices are prescribed under the
ACT Civil and Administrative Tribunal Act 2008.
21 Applications for reconsideration
(1) An entity that has interests affected by a reviewable decision may
apply to the board for reconsideration of the decision.
(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the application.
Chapter 2 Defined benefits scheme
Part 2.4 Notification and review of decisions
Section 21A
page 14 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) The application must be given to the secretary of the board within—
(a) 30 days after the day the applicant is given the internal review
statement; or
(b) a longer period allowed by the board before or after the end of
the 30-day period.
21A Reconsideration
The board must, within 30 days after the board receives the
application for reconsideration—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute its own decision.
21B Reviewable decision notices
If the board makes a reviewable decision, the board must give a
reviewable decision notice to each entity that must be given an
internal review notice.
Note 1 The board must also take reasonable steps to give a reviewable decision
notice to anyone whose interests are affected by the decision (see ACT
Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are prescribed under
the ACT Civil and Administrative Tribunal Act 2008.
21C Applications to ACAT
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity that is given a reviewable decision notice;
(b) any other person whose interests are affected by the decision.
Note If a form is approved under the ACT Civil and Administrative Tribunal
Act 2008 for the application, the form must be used.
Defined benefits scheme Chapter 2
Notification and review of decisions Part 2.4
Section 21C
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 15
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Chapter 3 Choice of funds scheme
Section 22
page 16 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Chapter 3 Choice of funds scheme
22 Application—ch 3
This chapter applies to a person who is elected as a member at or
after the 2008 general election, other than someone to whom
chapter 2 (Defined benefits scheme) applies.
Note Elected—see the dictionary.
23 Choice of fund by members
(1) A member may choose an eligible choice fund to which
contributions under section 24 are to be paid for the member’s
benefit.
(2) The member may change the member’s choice.
(3) The choice, or change of choice, must be in writing given to the
Speaker.
24 Territory contributions
(1) The Territory must pay the prescribed amount for a member to the
relevant fund for the member.
(2) In this section:
designated percentage means—
(a) 14%; or
(b) if another percentage is prescribed by regulation—the
prescribed percentage.
Choice of funds scheme Chapter 3
Section 24
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 17
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
prescribed amount, in relation to a member, means—
(a) if the member has made an election under section 18A
(Members may transfer to choice of funds scheme) and a
discontinuance is taken not to apply to the member after the
election was made—an amount equal to 24% of the member’s
salary for each year, or part of a year, that the member is a
member of the Legislative Assembly; or
(b) in any other case—
(i) an amount equal to the designated percentage of the
member’s salary for each year, or part of a year, that the
member is a member of the Legislative Assembly; and
(ii) if, for a period, the member contributes to the member’s
relevant fund at the rate of 3% or more of the member’s
salary for the period—an additional amount equal to 1%
of the member’s salary for the period.
relevant fund, in relation to a member, means—
(a) if a choice under section 18A (Members may transfer to choice
of funds scheme) or section 23 (Choice of fund by members)
has been made by the member—the chosen fund; or
(b) in any other case—the default fund.
Chapter 4 Miscellaneous
Section 25
page 18 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Chapter 4 Miscellaneous
25 Regulation-making power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
Dictionary
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
ACAT
Deputy Speaker
director-general (see s 163)
exercise
function
Legislative Assembly
remuneration tribunal
reviewable decision
Self-Government Act
Speaker.
board, for chapter 2 (Defined benefits scheme)—see section 3C.
default fund means—
(a) First State Super; or
(b) if another eligible choice fund is prescribed by regulation—the
prescribed fund.
discontinuance—see section 3A.
elected, in relation to a member, includes a person declared elected
under either of the following provisions of the Electoral Act 1992:
(a) section 194 (1) (Determination of candidate to fill vacancy);
(b) section 195 (1) (Assembly nominees).
eligible choice fund means an eligible choice fund under the
Superannuation Guarantee (Administration) Act 1992 (Cwlth),
section 32D.
Dictionary
page 20 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
general election means a general election of members.
internally reviewable decision, for part 2.4 (Notification and review
of decisions)—see section 19.
internal review notice, for part 2.4 (Notification and review of
decisions)—see section 19.
invalidity, for chapter 2 (Defined benefits scheme)—see section 3C.
member means a member of the Legislative Assembly.
relevant period of service, for chapter 2 (Defined benefits
scheme)—see section 3C.
reviewable decision, for part 2.4 (Notification and review of
decisions)—see section 19.
salary, of a member, means the member’s salary including any
additional salary but not including allowances.
Endnotes
About the endnotes 1
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
page 22 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
3 Legislation history
The Legislative Assembly (Members’ Superannuation) Act 1991 was originally
the Superannuation (Legislative Assembly Members) Act 1991. It was renamed
by the Superannuation (Legislative Assembly Members) Amendment Act 2008
A2008-40 (see s 5).
Legislative Assembly (Members’ Superannuation) Act 1991 A1991-93
notified 24 December 1991 (Gaz 1991 No S155)
s 1, s 2 commenced 24 December 1991 (s 2 (1))
remainder commenced 6 January 1992 (s 2 (2) and Gaz 1992 No S1)
as amended by
Administrative Appeals (Consequential Amendments) Act 1994
A1994-60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)
Financial Management and Audit (Consequential and Transitional
Provisions) Act 1996 A1996-26 sch pt 33
notified 1 July 1996 (Gaz 1996 No S130)
sch pt 33 commenced 1 July 1996 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 372
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 372 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.63
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.63 commenced 2 June 2005 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.95
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.95 commenced 12 April 2007 (s 2 (1))
Endnotes
Amendment history 4
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.54
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.54 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.67
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.67 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Superannuation (Legislative Assembly Members) Amendment
Act 2008 A2008-40
notified LR 3 September 2008
s 1, s 2 commenced 3 September 2008 (LA s 75 (1))
remainder commenced 4 September 2008 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.93
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.93 commenced 1 July 2011 (s 2 (1))
4 Amendment history
Preliminary
ch 1 hdg ins A2008-40 s 4
Preliminary
pt 1 hdg om A2008-40 s 4
Name of Act
s 1 sub A2007-3 amdt 3.477; A2008-40 s 5
Dictionary
s 2 om A2001-44 amdt 1.3946
ins A2007-3 amdt 3.480
Notes
s 3 defs reloc to dict A2007-3 amdt 3.479
sub A2007-3 amdt 3.480
def approved deposit fund om A2007-3 amdt 3.478
def approved purposes om A2007-3 amdt 3.478
Endnotes
4 Amendment history
page 24 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
def approved rules om A2007-3 amdt 3.478
def superannuation fund om A2007-3 amdt 3.478
Meaning of discontinuance
s 3A ins A2008-40 s 6
Defined benefits scheme
ch 2 hdg ins A2008-40 s 7
Legislative Assembly Members Superannuation Board
pt 2 hdg om A2008-40 s 7
Preliminary
pt 2.1 hdg ins A2008-40 s 7
Establishment, functions and powers of board
div 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA
om A2008-40 s 7
Application—ch 2
s 3B ins A2008-40 s 7
Definitions—ch 2
s 3C ins A2008-40 s 7
def board ins A2008-40 s 7
def invalidity ins A2008-40 s 7
def relevant period of service ins A2008-40 s 7
Legislative Assembly Members Superannuation Board
pt 2.2 hdg ins A2008-40 s 7
Establishment of board
div 2.2.1 hdg ins A2008-40 s 7
Functions
s 5 am A2008-40 s 8
Constitution and meetings
div 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA
om A2008-40 s 9
Constitution and operation
div 2.2.2 hdg ins A2008-40 s 9
Constitution
s 7 am A2005-20 amdt 3.403; A2011-22 amdt 1.285
Chair of board
s 8 sub A2008-28 amdt 3.163
Secretary of board
s 9 sub A2008-28 amdt 3.163
am A2011-22 amdt 1.286
Endnotes
Amendment history 4
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Meetings
s 10 am A2008-28 amdt 3.164
Procedure at meetings
s 11 am A2008-28 amdt 3.164
Annual report by board
s 11A ins A2008-40 s 10
Entitlements of members
pt 2.3 hdg ins A2008-40 s 11
Eligibility
s 12 sub A2008-40 s 12
Members’ contributions
s 13 am A1996-26 sch pt 33
sub A2008-40 s 12
Entitlements of former members
s 14 am A1996-26 sch pt 33
om A2008-40 s 12
Superannuation benefit
s 15 am A2008-40 s 13, amdts 1.1-1.4
Death or invalidity benefit
s 16 am A2008-40 s 14, amdt 1.5
Payment to estate
s 17 am A2008-40 s 15
Preservation of benefit
s 18 am A2007-3 amdt 3.481
sub A2008-40 s 16
Members may transfer to choice of funds scheme
s 18A ins A2008-40 s 16
Notification and review of decisions
pt 2.4 hdg ins A2008-40 s 17
sub A2008-37 amdt 1.298
Definitions—pt 2.4
s 19 sub A2008-37 amdt 1.298
def internally reviewable decision ins A2008-37 amdt 1.298
def internal review notice ins A2008-37 amdt 1.298
def reviewable decision ins A2008-37 amdt 1.298
Internal review notices
s 20 am A1994-60 sch 1
sub A2008-37 amdt 1.298
Endnotes
4 Amendment history
page 26 Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
R9
01/07/11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Applications for reconsideration
s 21 am A1994-60 sch 1
sub A2008-37 amdt 1.298
Reconsideration
s 21A ins A2008-37 amdt 1.298
Reviewable decision notices
s 21B ins A2008-37 amdt 1.298
Applications to ACAT
s 21C ins A2008-37 amdt 1.298
Choice of funds scheme
ch 3 hdg ins A2008-40 s 18
Entitlements of members
pt 3 hdg om A2008-40 s 11
Application—ch 3
s 22 sub A2008-40 s 18
Choice of fund by members
s 23 sub A2001-44 amdt 1.3947; A2008-40 s 18
Territory contributions
s 24 ins A2008-40 s 18
Miscellaneous
ch 4 hdg ins A2008-40 s 18
Review of decisions
pt 4 hdg om A2008-40 s 17
Regulation-making power
s 25 ins A2008-40 s 18
Miscellaneous
pt 5 hdg om A2008-40 s 18
Transitional—Superannuation (Legislative Assembly Members) Amendment
Act 2008
ch 10 hdg ins A2008-40 s 18
exp 4 September 2009 (s 101)
Transitional regulations
s 100 ins A2008-40 s 18
exp 4 September 2009 (s 101)
Expiry—ch 10
s 101 ins A2008-40 s 18
exp 4 September 2009 (s 101)
Endnotes
Earlier republications 5
R9
01/07/11
Legislative Assembly (Members’ Superannuation) Act
1991
Effective: 01/07/11
page 27
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Dictionary
dict ins A2007-3 amdt 3.482
sub A2008-40 s 19
am A2008-37 amdt 1.299, amdt 1.300; A2011-22 amdt 1.287
def board reloc from s 3 A2007-3 amdt 3.479
sub A2008-40 s 19
def contributing member am A1996-26 sch pt 33
reloc from s 3 A2007-3 amdt 3.479
om A2008-40 s 19
def default fund ins A2008-40 s 19
def discontinuance reloc from s 3 A2007-3 amdt 3.479
sub A2008-40 s 19
def elected ins A2008-40 s 19
def eligible choice fund ins A2008-40 s 19
def general election reloc from s 3 A2007-3 amdt 3.479
sub A2008-40 s 19
def internally reviewable decision ins A2008-37 amdt 1.301
def internal review notice ins A2008-37 amdt 1.301
def invalidity reloc from s 3 A2007-3 amdt 3.479
sub A2008-40 s 19
def member reloc from s 3 A2007-3 amdt 3.479
sub A2008-40 s 19
def office-holder reloc from s 3 A2007-3 amdt 3.479
om A2008-40 s 19
def relevant period of service reloc from s 3 A2007-3
amdt 3.479
sub A2008-40 s 19
def reviewable decision ins A2008-37 amdt 1.301
def salary ins A2008-40 s 19
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications
are marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 A1994-60 28 February 1995
2 A2001-44 20 December 2001