Schedule 1—Transitional provisions
A1—Interpretation
In this Schedule—
old scheme contributor means a person who was an old scheme contributor on the commencement of this Act.
1—Starting balance of contribution account of old scheme contributors
(1) The Board will establish a contribution account in the name of every old scheme contributor—
(a) who continues as a contributor under this Act; or
(b) to, or in relation to, whom a pension is being paid at the commencement of this Act.
(2) The balance of the account, as at the commencement of this Act, of a contributor who was still in employment at the commencement of this Act will be an amount calculated in accordance with section 43 of the repealed Act as if the contributor had become entitled to a payment under that section on the commencement of this Act.
(3) The balance of the account, as at the commencement of this Act, of a contributor whose employment had ceased before the commencement of this Act will be an amount calculated in accordance with section 47 of the repealed Act as if an entitlement to a payment under that section had arisen at the commencement of this Act.
2—Pensions that commenced under previous enactments
(1) A pension that commenced under the repealed Act, or under a corresponding previous enactment, is, subject to this Act, payable as if this Act had been in force when the pension commenced.
(2) This Act, apart from provisions relating to indexation, commutation and reduction or suspension of pensions, does not affect the amount of any such pension.
(3) A pension referred to in subclause (1) will, subject to subclause (4), be indexed by the Board in accordance with the repealed Act unless part of the pension has been commuted under this Act in which case the remaining pension will be indexed under this Act.
(4) Pensions will be indexed as from the first payment of pension in July, 1990, for the year from 1 April, 1989, to 31 March, 1990, by reference to the Consumer Price Index for the March quarters of 1989 and 1990 and pensions will again be indexed as from the first payment of pension in October, 1990, for the period from 1 April, 1990, to 30 June, 1990, by reference to movements in the Consumer Price Index over that period and thereafter pensions will be indexed as from the first payment of pension in October in each year by reference to movements in the Consumer Price Index from one June quarter to the next.
(5) Where a contributor had made an election under section 37(2) of the repealed Act, section 37(2) and (3) of the repealed Act will continue to apply to the pension payable to, or in relation to, the contributor except where part of the pension has been commuted under this Act in which case the remaining pension will be indexed under this Act.
2A—Eligible child's pension
(a) a contributor who was in receipt of a pension under the repealed Act at the commencement of this Act dies after the commencement of this Act; and
(b) a pension is being paid to the contributor's spouse,
and there are—
(c) no more than two eligible children—each of those children is entitled to a pension equal to four twenty sevenths of the deceased contributor's notional pension; or
(d) three or more eligible children—each of those children is entitled to a pension calculated by dividing four-ninths of the deceased contributor's notional pension by the number of eligible children.
3—Contribution points carried over by old scheme contributors
(1) Subject to subclause (2), the number of contribution points to be credited to an old scheme contributor at the commencement of this Act will be equal to the number of months during which the contributor contributed to the Police Pensions Fund.
(2) The number of contribution points to be credited to an old scheme contributor whose contribution period commenced—
(a) after he or she reached the age of 30 years; but
(b) before the commencement of the repealed Act, will be equal to the number of months from the contributor's thirtieth birthday to the commencement of this Act.
(3) For the purposes of this clause part of a month will be treated as a whole month.
4—Preservation of benefits
(1) A contributor to the Police Pension Fund under the repealed Act who resigned from South Australia Police on or after 20 November, 1989, but before the commencement of this Act may elect to preserve his or her accrued superannuation benefits in accordance with this Act as though he or she had been an old scheme contributor under this Act.
(2) For the purposes of subclause (1), this Act will be taken to have come into operation immediately before the contributor resigned from South Australia Police.
5—Rights of contributors denied benefits under repealed Act
(1) The Governor may direct that a contributor who has been denied payment of a pension and lump sum under the repealed Act on technical grounds be paid benefits under this clause.
(2) If the Governor gives a direction under subclause (1) in relation to a contributor the following provisions apply:
(a) this Act applies to, and in relation to, the contributor as though he or she had been entitled to the pension and lump sum under the repealed Act;
(b) the contributor is entitled to a payment equivalent to the aggregate of the pension payments denied to the contributor reduced by any ex gratia payment made before the commencement of this Act on account of those payments;
(c) the contributor is entitled to a payment equivalent to the lump sum denied to the contributor adjusted to reflect changes in the Consumer Price Index since the date on which the lump sum would have become payable under the repealed Act but reduced by any ex gratia payment made before the commencement of this Act on account of the lump sum;
(d) any ex gratia payment made before the commencement of this Act on account of the pension or lump sum must be taken into account when establishing the contributor's contribution account under clause 1;
(e) the prescribed proportion of a payment made under paragraph (b) or (c) must be debited against the contributor's contribution account.
6—Election to retire under repealed Act
(1) An old scheme contributor who retires from employment within five years after the commencement of this Act may elect to retire pursuant to the provisions of the repealed Act and in that case benefits payable to, or in relation to, the contributor will be determined in accordance with the repealed Act and all the relevant provisions of the repealed Act will apply to and in relation to the contributor to the exclusion of the provisions of this Act.
(2) The benefits payable to, or in relation to, the contributor will be paid by the Treasurer out of the Consolidated Account (which is appropriated to the necessary extent) or out of a special deposit account established by the Treasurer for that purpose and the prescribed proportion of benefits will be charged against the contributor's contribution account to the extent of the amount standing to the credit of that account.
7—Assets and liabilities of Police Pensions Fund
The assets and liabilities of the Police Pensions Fund are transferred to the Police Superannuation Fund.
8—Contributions in first year
(1) For the purpose of calculating contributions in respect of the period from 1 July 1990 to 30 June 1991 the following provisions apply in place of subsections (1), (2) and (3) of section 17:
(1) A contributor must make contributions to the Treasurer at the rate prescribed in Schedule 2.
(2) A contributor's contributions will be fixed in relation to the 1990/1991 financial year, as from a day in that financial year determined by the Board—
(a) on the basis of the contributor's actual salary as at 31 March 1990; but
(i) if the contributor had not then commenced his or her employment, the contributions will be fixed on the basis of the contributor's commencing salary;
(ii) if the contributor was then on leave without pay or at a reduced rate of pay, the contributions will be fixed on the basis of the salary that the contributor would then have been receiving if not on leave.
(3) If over a particular period a contributor receives (while remaining in employment) weekly workers compensation payments for total or partial incapacity for work, contributions will be payable as if the weekly payments were salary or a component of salary (as the case requires) but if the aggregate of the weekly payments and the salary (if any) of the contributor is less than the salary that the contributor would have received if not incapacitated, the Board may allow a proportionate reduction in the amount of the contributions for that period.
(2) Section 4(6) does not apply for the purpose of calculating contributions in respect of the period from 1 July 1990 to 30 June 1991.
9—Special provision relating to police aides
Subject to the regulations, this Act applies to a person who was a special constable employed as an Aboriginal police aide during the period from 1 July 1992 until the commencement of the Police (Police Aides) Amendment Act 1992 as if that person had been a police officer and had contributed as a contributor under the new scheme for the time during that period for which the person was so employed.
11—Operation of amendments made by Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003
An amendment made by the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 to a provision of this Act that provides for, or relates to, the payment of a pension, lump sum or other benefit to a person on the death of a contributor applies only if the death occurs on or after 3 July 2003.
Schedule 3—
Contributor's Age
Value of K
1.0000
0.9553
0.9108
0.8663
0.8218
0.7773
Where the age of the contributor is a number of years and a number of completed months, the value of K shown in the table must be proportionately adjusted to reflect the number of months.
Legislative history
Notes
• This version is comprised of the following:
Schedules
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation repealed by principal Act
The Police Superannuation Act 1990 repealed the following:
Police Pensions Act 1971
Legislation amended by principal Act
The Police Superannuation Act 1990 amended the following:
Police Act 1952
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Police Superannuation Act 1990
10.5.1990
1.6.1990 (Gazette 31.5.1990 p1478)
Police Superannuation (Miscellaneous) Amendment Act 1992
1.6.1990 except ss 6—9—29.10.1992: s 2
Police (Police Aides) Amendment Act 1992
12.11.1992
18.3.1993 (Gazette 18.3.1993 p914)
Statutes Amendment (Public Actuary) Act 1992
19.11.1992
10.12.1992 (Gazette 10.12.1992 p1752)
Police Superannuation (Superannuation Guarantee) Amendment Act 1993
25.3.1993
1.7.1992: s 2
Statutes Amendment (Closure of Superannuation Schemes) Act 1994 as amended by 53/1994 and 57/1994
9.6.1994
3.5.1994 except s 9—21.10.1994: s 2
Statutes Amendment (Closure of Superannuation Schemes) (Extension of Time) Amendment Act 1994
15.9.1994
30.9.1994: s 2
Statutes Amendment (Closure of Superannuation Schemes) Amendment Act 1994
20.10.1994
20.10.1994: s 2
Superannuation Funds Management Corporation of South Australia Act 1995
27.4.1995
1.7.1995 (Gazette 25.5.1995 p2199)
Police Superannuation (Miscellaneous) Amendment Act 1997
20.3.1997
3.4.1997 (Gazette 3.4.1997 p1386) except ss 6 & 7—1.7.1996: s 2
Statutes Amendment (Superannuation) Act 1997
10.4.1997
Pt 4 (ss 7—11)—24.4.1997 (Gazette 24.4.1997 p1618)
Police Superannuation (Miscellaneous) Amendment Act 1998
2.4.1998
23.4.1998 (Gazette 23.4.1998 p1926)
Statutes Amendment (Adjustment of Superannuation Pensions) Act 1998
2.4.1998
Pt 4 (s 6)—1.10.1997: s 2
Police Act 1998
3.9.1998
Sch 3 (cl 2)—1.7.1999 (Gazette 30.6.1999 p3310)
Statutes Amendment (Commutation for Superannuation Surcharge) Act 1999
Police Superannuation (Increments in Salary) Amendment Act 1999
12.8.1999
26.8.1999 (Gazette 26.8.1999 p954)
District Court (Administrative and Disciplinary Division) Amendment Act 2000
20.4.2000
Sch 1 (cl 33)—1.6.2000 (Gazette 18.5.2000 p2554)
Police Superannuation (Miscellaneous) Amendment Act 2001
12.4.2001
1.7.2001 (Gazette 14.6.2001 p2220)
Statutes Amendment (Indexation of Superannuation Pensions) Act 2001
3.8.2001
Pt 5 (s 8)—1.1.2002: s 2
Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003
12.6.2003
Pt 3 (ss 6—8)—3.7.2003 (Gazette 3.7.2003 p2877)
Statutes Amendment (Notification of Superannuation Entitlements) Act 2003
17.7.2003
Pt 3 (ss 6 & 7)—17.8.2003: s 2
Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003
20.11.2003
Pt 4 (ss 10—14)—18.12.2003 (Gazette 18.12.2003 p4527)
Statutes Amendment (Miscellaneous Superannuation Measures) Act 2004
5.8.2004
Pt 2 (ss 4—12)—19.8.2004 (Gazette 19.8.2004 p3280)
Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004
16.12.2004
Pt 4 (s 10(3) & (4))—1.7.1999: s 2(2); Pt 4 (s 19)—3.7.2003: s 2(3); Pt 4 (ss 10(1), (2), (5) & 11—18) and Sch 1—13.1.2005 (Gazette 13.1.2005 p69)
Statutes Amendment (Domestic Partners) Act 2006
14.12.2006
Pt 67 (ss 174—177)—1.6.2007 (Gazette 26.4.2007 p1352)
Statutes Amendment (Police Superannuation) Act 2008
26.6.2008
Pt 2 (ss 4—29) & Sch 1—1.7.2008 (Gazette 26.6.2008 p2554)
Southern State Superannuation Act 2009
11.6.2009
Sch 1 (cll 2—5)—1.8.2009 (Gazette 23.7.2009 p3282)
Statutes Amendment and Repeal (Superannuation) Act 2012
25.10.2012
Pt 4 (s 12)—15.6.2014 (Gazette 12.6.2014 p2485)
Statutes Amendment (Superannuation) Act 2014
Pt 3 (ss 4 & 5)—20.11.2014
Statutes Amendment (Superannuation) Act 2015
6.8.2015
Pt 2 (s 4)—27.8.2015 (Gazette 27.8.2015 p3947)
Statutes Amendment (Registered Relationships) Act 2017
26.4.2017
Pt 10 (ss 15 & 16)—1.8.2017 (Gazette 1.8.2017 p3039)
Statutes Amendment (SACAT No 2) Act 2017
28.11.2017
Pt 37 (ss 202 to 207)—5.7.2018 (Gazette 28.6.2018 p2618)
Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019
19.12.2019
Pt 12 (s 29)—1.5.2020 (Gazette 30.4.2020 p838)
Statutes Amendment (Superannuation and Other Payments) Act 2025
4.12.2025
Pt 5 (ss 31 to 36)—uncommenced
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002
Pt 1
s 2
s 3
s 4
s 4(1)
actuary
inserted by 69/1992 s 22
co-contribution
inserted by 51/2004 s 10(1)
co-contribution account
inserted by 51/2004 s 10(1)
the Commonwealth Act
inserted by 12/1993 s 3
contribution period
amended by 25/2008 s 4(1)
contributor
substituted by 25/2008 s 4(2)
amended by 27/2009 Sch 1 cl 2(1)
deferred superannuation contributions surcharge
inserted by 37/2004 s 4(1)
member of the police force
inserted by 60/1992 Sch 2
18.3.1993
deleted by 25/2008 Sch 1
new scheme contributor
deleted by 25/2008 s 4(3)
old scheme contributor
deleted by 25/2008 s 4(4)
putative spouse
inserted by 13/2003 s 6
substituted by 43/2006 s 174
registered relationship
inserted by 13/2017 s 15
retrenchment pension
amended by 25/2008 s 4(5)
rollover account
inserted by 51/2004 s 10(2)
deleted by 25/2008 s 4(6)
salary, in relation to a contributor who is employed
inserted by 51/2004 s 10(3)
salary, in relation to a contributor who is not employed
amended by 51/2004 s 10(4)
SIS Act
inserted by 51/2004 s 10(5)
special deposit account
inserted by 25/1997 s 7
Superannuation Contributions Tax Act
inserted by 37/2004 s 4(2)
the Superannuation Funds Management Corporation of South Australia or the Corporation
inserted by 38/1995 Sch 2
surcharge notice
inserted by 37/2004 s 4(3)
Tribunal
inserted by 51/2017 s 202
Triple S scheme
inserted by 25/2008 s 4(7)
amended by 27/2009 Sch 1 cl 2(2)
the Trust
s 4(3)
substituted by 52/1992 s 3(a)
s 4(3aa)
inserted by 54/1999 s 3(a)
s 4(3a)
inserted by 16/1998 s 3(a)
amended by 54/1999 s 3(b)
automatic increment
inserted by 54/1999 s 3(c)
permanent position in South Australia Police
permanent position in the police force amended to read permanent position in South Australia Police by 25/2008 Sch 1
s 4(4) and (5)
substituted by 52/1992 s 3(a)
s 4(6)
amended by 52/1992 s 3(b)
amended by 18/2015 s 4
27.8.2015
s 4(6a)
inserted by 52/1992 s 3(c)
s 4(6b)
inserted by 16/1998 s 3(b)
amended by 25/2008 s 4(8), Sch 1
s 4(7)
amended by 16/1998 s 3(c)
amended by 12/2001 s 3(a)
s 4(7a)
inserted by 12/2001 s 3(b)
amended by 25/2008 s 4(9)
s 4(8)
substituted by 7/1997 s 3
amended by 16/1998 s 3(d), (e)
deleted by 25/2008 s 4(10)
s 4(8a)
inserted by 7/1997 s 3
amended by 16/1998 s 3(f), (g)
amended by 25/2008 s 4(11)
s 4(9)
s 4A
inserted by 13/2003 s 7
s 4A(1)
substituted by 43/2006 s 175
amended by 13/2017 s 16(1)
amended by 46/2019 s 29(1)
(b) deleted by 46/2019 s 29(2)
s 4A(2)
substituted by 13/2017 s 16(2)
amended by 51/2017 s 203(1)
s 4A(2a)
inserted by 13/2017 s 16(2)
s 4A(3)
amended by 51/2017 s 203(2), (3)
s 4A(4)
amended by 51/2017 s 203(4)
s 4A(5)
amended by 51/2017 s 203(5)
s 4B
inserted by 13/2003 s 7
s 4B(4)
amended by 51/2017 s 204(1), (2)
Pt 2
Pt 2 Div 1
s 7
s 7(1)
s 7(2)
deleted by 69/1992 s 23
s 8
s 8(2)
s 9A
inserted by 25/2008 s 5
Pt 2 Div 2
s 10
s 10(3)
s 10(4)
amended by 25/1997 s 8(a)
substituted by 51/2004 s 11(1)
s 10(6)
amended by 12/2001 s 4
amended by 51/2004 s 11(2)
amended by 25/2008 s 6(1)—(3)
(c) deleted by 25/2008 s 6(3)
s 10(7)
amended by 25/1997 s 8(b)
s 10(8)
s 11
s 11(1) and (2)
s 11(3) and (4)
s 12
Pt 2 Div 3
substituted by 25/2008 s 7
Pt 2 Div 3 Subdiv 1
inserted by 25/2008 s 7
s 13
s 13(3)
substituted by 25/2008 s 8
s 13(6)
substituted by 16/1998 s 4(a)
s 13(6a)
inserted by 16/1998 s 4(a)
s 13(8)
inserted by 16/1998 s 4(b)
Pt 2 Div 3 Subdiv 2
inserted by 25/2008 s 9
s 13A
s 13A(3)
amended by 27/2009 Sch 1 cl 3(1), (2)
Pt 2 Div 4
s 14
s 14(1)
amended by 25/1997 s 9(a)
s 14(2)
substituted by 12/2001 s 5
amended by 51/2004 s 12(1)
amended by 25/2008 s 10(1)
s 14(3)
substituted by 12/2001 s 5
substituted by 25/2008 s 10(2)
s 14(3a)
inserted by 12/2001 s 5
s 14(3b)
inserted by 51/2004 s 12(2)
amended by 25/2008 s 10(3)
s 14(4)
amended by 25/1997 s 9(b)
Pt 2 Div 5
s 15
s 15(2) and (3)
s 15(4)
substituted by 69/1992 s 24
amended by 12/2001 s 6
s 15(4a)
inserted by 69/1992 s 24
Pt 3
s 16
s 16(1)
substituted by 46/1994 s 9 as substituted by 57/1994 s 9
substituted by 25/2008 s 11
s 16(1a)
inserted by 46/1994 s 6
substituted by 46/1994 s 9 as substituted by 57/1994 s 9
deleted by 25/2008 s 11
s 16(1b)
inserted by 46/1994 s 6
deleted by 46/1994 s 9
s 16(2)
s 17
s 17(1)
substituted by 25/2008 s 12(1)
s 17(1a)
inserted by 25/2008 s 12(1)
s 17(2)
amended by 52/1992 s 4(a), (b)
amended by 16/1998 s 5
s 17(3)
substituted by 52/1992 s 4(c)
s 17(3a)
inserted by 52/1992 s 4(c)
s 17(5)
amended by 25/2008 s 12(2)
s 17(6)
deleted by 25/2008 s 12(3)
s 18
s 18(3)
Pt 4 before deletion by 25/2008
s 20
s 20(2)
amended by 46/1994 s 7(a)
s 20(3)
amended by 46/1994 s 7(b)
s 21
s 21(1)
amended by 12/2001 s 7(a), (b)
s 21(2)
amended by 12/2001 s 7(c), (d)
s 22
s 22(1)
amended by 16/1998 s 6(a)
s 22(1aa) and (1ab)
inserted by 16/1998 s 6(b)
s 22(1a)
inserted by 12/1993 s 4
amended by 16/1998 s 6(c)
amended by 21/2003 s 6(a)
s 22(1b)
inserted by 12/1993 s 4
substituted by 16/1998 s 6(d)
substituted by 12/2001 s 8(a)
s 22(1c)
inserted by 16/1998 s 6(d)
substituted by 12/2001 s 8(a)
s 22(1d)
inserted by 16/1998 s 6(d)
s 22(2)
amended by 16/1998 s 6(e)
amended by 21/2003 s 6(b)
s 22(3)
amended by 12/2001 s 8(b)
s 22(4)
amended by 12/2001 s 8(c)
s 22(5)
amended by 12/2001 s 8(d)
s 22(6)
amended by 25/1997 s 10
amended by 12/2001 s 8(e), (f)
s 22(7)
substituted by 12/2001 s 8(g)
s 22(8)
substituted by 16/1998 s 6(f)
s 22(9)
inserted by 12/2001 s 8(h)
s 23
s 23(2)
amended by 12/2001 s 9
s 25
s 25(2)
amended by 12/2001 s 10(a), (b)
s 25(3)
amended by 12/2001 s 10(c)
s 25(3a)
inserted by 12/2001 s 10(d)
s 25(4)
s 25(5)
amended by 7/1997 s 4
s 25(7)
substituted by 55/1998 Sch 3 (cl 2)
s 26
s 26(1)
amended by 12/1993 s 5(a), (b)
s 26(2)
amended by 12/2001 s 11(a), (b)
s 26(2a)
inserted by 49/2003 s 10
s 26(5)
substituted by 12/1993 s 5(c)
amended by 12/2001 s 11(c)
s 26(5a)
inserted by 12/2001 s 11(d)
s 26(6)
substituted by 12/1993 s 5(c)
amended by 12/2001 s 11(e)—(g)
ss 26A—26C
inserted by 37/2004 s 5
Pt 4
deleted by 25/2008 s 13
Pt 5
amended by 25/2008 s 14
s 27
s 27(1)
deleted by 25/2008 s 15(1)
s 27(2)
amended by 25/2008 s 15(2), Sch 1
s 27(3)
deleted by 25/2008 s 15(3)
s 28
s 28(1)
amended by 12/2001 s 12(a)
s 28(1a)
inserted by 12/2001 s 12(b)
s 28(3)
amended by 12/2001 s 12(c), (d)
s 29
s 29(1)
amended by 12/2001 s 13(a)
s 29(2a)
inserted by 12/2001 s 13(b)
s 30
s 30(1)
amended by 12/2001 s 14
s 30(2)
s 31
s 31(1)
amended by 25/2008 s 16
s 31(2)
amended by 12/2001 s 15(a)
s 31(4)
amended by 12/2001 s 15(b)
s 31(4a)
inserted by 12/2001 s 15(c)
s 31(5)
s 31(6)
amended by 7/1997 s 5
s 31(7)
s 31(8)
substituted by 55/1998 Sch 3 (cl 2)
s 32
s 32(1)
amended by 52/1992 s 5
amended by 16/1998 s 7(a)
amended by 12/2001 s 16(a)
amended by 43/2006 s 176(1)
s 32(1aa)
inserted by 16/1998 s 7(b)
amended by 13/2003 s 8
deleted by 43/2006 s 176(2)
s 32(1ab)
inserted by 12/2001 s 16(b)
s 32(1a)
inserted by 7/1997 s 6(a)
s 32(1b)
inserted by 49/2003 s 11
s 32(4)
amended by 16/1998 s 7(c)
s 32(5)
amended by 7/1997 s 6(b)
s 32(6)
inserted by 7/1997 s 6(c)
s 33
substituted by 12/1993 s 6
s 33(1)
amended by 12/2001 s 17(a)
s 33(2)
amended by 12/2001 s 17(b)
s 33(3)
inserted by 12/2001 s 17(c)
s 34
s 34(1aa) and (1ab)
inserted by 16/1998 s 8(a)
s 34(1a)
inserted by 12/1993 s 7
amended by 16/1998 s 8(b)
amended by 21/2003 s 7(a)
(a) deleted by 25/2008 s 17(1)
amended by 25/2008 s 17(2), (3)
amended by 27/2009 Sch 1 cl 4
s 34(1b)
inserted by 12/1993 s 7
substituted by 16/1998 s 8(c)
substituted by 12/2001 s 18(a)
amended by 25/2008 s 17(4), Sch 1
s 34(1c)
inserted by 16/1998 s 8(c)
substituted by 12/2001 s 18(a)
substituted by 25/2008 s 17(5)
s 34(1d)
inserted by 16/1998 s 8(c)
deleted by 25/2008 s 17(5)
s 34(2)
amended by 16/1998 s 8(d)
amended by 21/2003 s 7(b)
s 34(3)
amended by 12/2001 s 18(b)
s 34(3a)
inserted by 12/2001 s 18(c)
s 34(4)
amended by 16/1998 s 8(e)
substituted by 12/2001 s 18(d)
amended by 21/2003 s 7(c)
s 34(5)
amended by 12/2001 s 18(e)
s 34(6)
substituted by 12/2001 s 18(f)
s 34(8a)—(8c)
inserted by 12/2001 s 18(g)
s 34(11)
inserted by 52/1992 s 6
substituted by 16/1998 s 8(f)
s 34(12)
inserted by 12/2001 s 18(h)
s 35A
inserted by 23/1999 s 5
s 35A(2)
amended by 37/2004 s 6(1)
s 35A(3)
amended by 37/2004 s 6(2)
s 35A(4)
amended by 37/2004 s 6(3)
s 35A(8)
deleted by 37/2004 s 6(4)
s 35B
inserted by 18/2014 s 4
s 37
s 37(1)
amended by 52/1992 s 7(a)—(c)
s 37(1a)
inserted by 52/1992 s 7(d)
s 38
substituted by 52/1992 s 8
s 38A
inserted by 12/2001 s 19
Pt 5A before deletion by 25/2008
inserted by 12/2001 s 20
substituted by 37/2004 s 7
substituted by 51/2004 s 13
Pt 5A Div 1
inserted by 37/2004 s 7
s 38D
s 38D(3)
amended by 37/2004 s 8
Pt 5A Div 2
inserted by 37/2004 s 9
substituted by 51/2004 s 14
s 38EB
s 38EB(1)
substituted by 51/2004 s 15(1)
s 38EB(2a)
inserted by 51/2004 s 15(2)
s 38EB(3)
amended by 51/2004 s 15(3)
s 38EB(4)
amended by 51/2004 s 15(4)
s 38EB(6)
amended by 51/2004 s 15(5)
s 38EB(8)
amended by 51/2004 s 15(6)
s 38EBA
inserted by 51/2004 s 16
Pt 5A Div 3
inserted by 37/2004 s 9
Pt 5A
deleted by 25/2008 s 18
Pt 5B
inserted by 49/2003 s 12
Pt 5B Div 1
deleted by 25/2008 s 19
s 38G
Southern State Superannuation Fund
amended by 27/2009 Sch 1 cl 5
s 38J
s 38J(2)
amended by 51/2004 s 17(1), (2)
amended by 25/2008 s 20
s 38K
substituted by 51/2004 s 18
Pt 5B Div 2
deleted by 25/2008 s 21
Pt 5B Div 3
deleted by 25/2008 s 22
s 38O
deleted by 25/2008 s 23
Pt 5B Div 4
deleted by 25/2008 s 24
Pt 6
s 39
s 39(1)
amended by 16/1998 s 9(a)
amended by 4/2000 s 9(1) (Sch 1 cl 33(a))
substituted by 51/2017 s 205(1)
s 39(2)
amended by 16/1998 s 9(b)
deleted by 4/2000 s 9(1) (Sch 1 cl 33(b))
inserted by 51/2017 s 205(1)
s 39(3)
deleted by 4/2000 s 9(1) (Sch 1 cl 33(c))
s 39(4)
inserted by 16/1998 s 9(c)
amended by 4/2000 s 9(1) (Sch 1 cl 33(d))
amended by 51/2017 s 205(2)
s 40
s 40(1)
amended by 12/2001 s 21(a)—(c)
amended by 37/2004 s 10(1)—(6)
(e) deleted by 37/2004 s 10(3)
s 40(1a)
inserted by 12/2001 s 21(d)
amended by 37/2004 s 10(7)
s 40(2)
amended by 12/2001 s 21(e)
s 40(4)
substituted by 16/1998 s 10
amended by 37/2004 s 10(8)
s 40(6)
inserted by 37/2004 s 10(9)
s 42
s 42(1)
substituted by 20/1998 s 6(a)
substituted by 40/2001 s 8(a)
s 42(2)
amended by 20/1998 s 6(b)
substituted by 40/2001 s 8(a)
s 42(3)
amended by 40/2001 s 8(b)
s 42(4)
amended by 40/2001 s 8(c), (d)
s 42(5)
substituted by 40/2001 s 8(e)
s 42A
inserted by 12/2001 s 22
s 42B
inserted by 12/2001 s 22
deleted by 37/2004 s 11
s 43
s 43(1)
amended by 12/2001 s 23(a)
s 43(2)
substituted by 12/2001 s 23(b)
s 43(3) and (4)
inserted by 12/2001 s 23(b)
s 45A
inserted by 52/1992 s 9
s 45B
inserted by 37/2012 s 12
15.6.2014
s 46A
inserted by 12/2001 s 24
s 47
deleted by 25/2008 s 25
s 47A
inserted by 12/2001 s 25
deleted by 25/2008 s 25
s 48
s 48(1)
amended by 37/2004 s 12(1)
s 48(7) and (8)
inserted by 37/2004 s 12(2)
s 49
s 49(1)
amended by 16/1998 s 11
amended by 25/2008 s 26
amended by 51/2017 s 206
s 49(1a)
inserted by 49/2003 s 13
s 50
substituted by 12/1993 s 8
s 50(1)
s 50 amended and redesignated as s 50(1) by 25/2008 s 27(1)—(3)
s 50(2)—(5)
inserted by 25/2008 s 27(3)
s 52
s 52(3)
inserted by 49/2003 s 14
substituted by 18/2014 s 5
Sch 1
cl A1
inserted by 25/2008 s 28(1)
cl 2A
inserted by 7/1997 s 7
cl 4
cl 6
cl 6(2)
amended by 25/1997 s 11
cl 8
inserted by 52/1992 s 10
cl 9
inserted by 60/1992 Sch 2
18.3.1993
cl 10
inserted by 16/1998 s 12
deleted by 25/2008 s 28(2)
cl 11
inserted by 51/2004 s 19
Sch 2
deleted by 25/2008 s 29
Sch 4
Transitional etc provisions associated with Act or amendments
Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003, Sch 1
1—Interpretation
In this Schedule—
relevant Act means an Act amended by this Act;
relevant authority means—
(a) the Police Superannuation Board; or
(b) the South Australian Parliamentary Superannuation Board; or
(c) the South Australian Superannuation Board; or
(d) the Treasurer.
2—Prior action
Any step taken by a relevant authority before a section of this Act is brought into operation that corresponds to a step that may be taken by the relevant authority under a relevant Act after this Act is brought into operation will be taken to be valid and effectual for the purposes of a relevant Act as if it had been taken after the commencement of this Act.
3—Instruments
Any splitting instrument, or other instrument, lodged with a relevant authority before the commencement of this Act may take effect for the purposes of a relevant Act after the commencement of this Act.
4—Other matters
(1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
(2) A provision of a regulation under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from an earlier day, but not before 28 December 2002.
(3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment effected by this Act.
Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004, Sch 1
1—Transitional provision
A regulation made for the purposes of the definition of salary that is being inserted into section 4(1) of the Police Superannuation Act 1990 by section 10(3) of this Act may, if the regulation so provides, take effect from 1 July 1999 or from a later day.
Statutes Amendment (Domestic Partners) Act 2006
177—Transitional provision
An amendment made by a provision of this Act to a provision of the Police Superannuation Act 1990 that relates to the payment of a pension, lump sum or other benefit to a person on the death of a contributor applies only if the death occurs after the commencement of the amendment.
Statutes Amendment (SACAT No 2) Act 2017, Pt 37
207—Transitional provisions
(1) A declaration of the District Court under section 4A of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a determination of the Tribunal.
(2) A reference in section 4B of the principal Act to an application under section 4A of the principal Act will, on and from the relevant day, be taken to include a reference to an application under section 4A made before the relevant day.
(3) A right of appeal under section 39 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.
(4) Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
principal Act means the Police Superannuation Act 1990;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
Historical versions
Retrospective amendments not included in Reprints 11—18 (see s 2(2) of 51/2004)
Retrospective amendment not included in Reprints 16—18 (see s 2(3) of 51/2004)