7Footnote no longer applicable.

7 Footnote no longer applicable.

8 The provisions of the Local Government Act 1960 Pt. VIA as continued by Sch. 9.3 cl. 16 of this Act and amended by the Local Government (Amendment of Part VIA – Employee Superannuation) Regulations 2006 r. 4 and 5 (published: Gazette 26 May 2006 p. 1877‑8) read as follows:

Part VIA — Employee Superannuation

170A. Interpretation

(1) In this Part —

City of Perth scheme means the superannuation scheme established under section 170C;

dependant has the same definition as in section 10 of the SIS Act;

employee and employer have the same definitions as in section 10 of the SIS Act;

industry scheme means the WA Local Government Superannuation Plan (formerly called the W.A. Local Government Occupational Superannuation Fund) established by a trust deed dated 21 March 1990 and continued under a trust deed dated 4 November 2004;

municipality includes a regional council;

SIS Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth) as amended from time to time.

(2) A reference in this Part to the City of Perth scheme is a reference to the scheme as it is amended from time to time.

(3) A reference in this Part to the industry scheme is a reference to the scheme as it is amended from time to time.

[Section 170A amended: Gazette 26 May 2006 p. 1877.]

170B. Municipalities to use industry scheme

(1) To provide superannuation and other benefits for its employees and their dependants, a municipality shall participate in and comply with the industry scheme.

(2) A municipality shall exercise such powers and discharge such obligations as are necessary to give effect to the industry scheme.

(3) Subsections (1) and (2) do not apply in respect of an employee if under section 170D, or the City of Perth Act 2016 section 23, a municipality has to participate in and comply with the City of Perth scheme in respect of that employee.

(4) Subsections (1) and (2) apply to the City of Perth only in respect of those of its employees who are not members of the City of Perth scheme.

(5) If, in respect of an employee for any period —

(a) there is a chosen fund for the employee throughout the period; and

(b) the chosen fund is not the industry scheme; and

(c) the municipality makes the minimum SG contributions for the employee for that period to the chosen fund,

the amount that the municipality would, but for this subsection, be required under subsection (1) and the industry scheme trust deed to contribute to the industry scheme for that employee for that period is reduced by the amount of those minimum SG contributions made to the chosen fund.