Part 1—Interpretation
(1) In this Schedule, unless the contrary intention appears—
director of a body corporate means a person who is a member of the governing body of the body corporate;
rules, in relation to a superannuation scheme, means any rules contained in a trust instrument or other document governing the establishment or operation of the superannuation scheme (subject to any provision made by this Schedule);
special resolution means—
(a) in relation to the directors of a body corporate—a resolution passed by at least two-thirds of the votes cast by the directors of the body corporate voting with respect to the matter;
(b) in relation to the trustees of a superannuation scheme—a resolution passed by at least two-thirds of the votes cast by the trustees of the superannuation scheme voting with respect to the matter;
superannuation scheme means a scheme (whether established within the private sector or the public sector) that—
(a) is established for the purposes of providing superannuation or retirement benefits (and may provide for other benefits such as invalidity or death benefits); and
(b) provides for an indefinitely continuing fund,
other than a scheme established under another part of this Act, or under another Act;
Super SA means the agency or body designated from time to time for the purposes of this Schedule by the Minister by notice in the Gazette as being the entity primarily involved in assisting in the administration of public sector superannuation schemes within the State;
trustee, in relation to a superannuation scheme, means—
(a) if there is a trustee (within the ordinary meaning of that expression) of the superannuation scheme—the trustee; or
(b) in any other case—the person who administers the superannuation scheme under the rules of the scheme.
(2) For the purposes of this Schedule, an administered scheme is a superannuation scheme that is within the ambit of a declaration under clause 2.
(3) For the purposes of this Schedule, a superannuation fund is a pool of assets accumulated for the purposes of a superannuation scheme.
(4) A reference in this Schedule to rate of return is a reference to a positive or a negative rate of return.
Part 2—Management of schemes
2—Application of Schedule to schemes
(1) The Minister may, by notice in the Gazette, declare that this Schedule applies to or in relation to a superannuation scheme in 1 or more of the following respects:
(a) that the superannuation scheme and its associated superannuation fund will be a scheme and fund established under this Act;
(b) that the superannuation scheme will be administered by Super SA;
(c) that the superannuation fund will be invested and managed by the Superannuation Funds Management Corporation of South Australia;
(d) that the superannuation scheme and its associated superannuation fund will have the Board as its trustee.
(2) The Minister may not make a declaration under subclause (1) unless—
(a) the superannuation scheme is a qualifying scheme; and
(b) the Minister is acting on the basis of an application made by the trustee of the scheme.
(3) The following provisions apply in connection with the operation of paragraph (a) of subclause (2):
(a) a superannuation scheme is a qualifying scheme if the operations of the employer of the members of the scheme are wholly or substantially funded by money provided by—
(i) the Government of the State; or
(ii) an agency or instrumentality of the Crown; or
(iii) some other public authority prescribed by the regulations for the purposes of this paragraph; and
(b) once a declaration has been made under subclause (1) in relation to a superannuation scheme, it is irrelevant if the scheme ceases to be a qualifying scheme (and the Minister may, if due application has been made, make a further declaration under subclause (1) on the basis that paragraph (a) of subclause (2) no longer applies).
(4) The following provisions apply in connection with the operation of paragraph (b) of subclause (2):
(a) an application under that paragraph must be made in a manner and form determined by the Minister and be accompanied by such information as the Minister thinks fit; and
(i) if the trustee of the superannuation scheme is a body corporate with 3 or more directors—an application under that paragraph must be made pursuant to a special resolution of the directors of the body corporate;
(ii) if the superannuation scheme has 3 or more trustees—an application under that paragraph must be made pursuant to a special resolution of the trustees.
(5) A declaration under subclause (1)—
(a) will have effect according to its terms; and
(b) will take effect on a day fixed by the Minister by notice in the Gazette (either as part of the declaration or by a separate notice published at a later time).
(6) If a declaration is made under subclause (1)(a), the declaration will have the effect of establishing a new scheme in place of the scheme and fund to which the declaration relates—
(a) with the same assets, subject to any provision as to their administration or management under subclause (1)(b) or (c) and to the operation of any other provision of this Schedule and subject to future variations; and
(b) with the same trustee or trustees, subject to the operation of a declaration under subclause (1)(d) and subject to future changes in arrangements made in accordance with any relevant provision in the trust deed for the scheme; and
(c) with the same members and benefits, subject to the operation of any other provision of this Schedule or the trust deed or rules of the scheme and subject to future changes in membership or variations to that trust deed or rules; and
(d) with a trust deed and rules applying (from time to time) under clause 3.
(7) If a declaration is made under subclause (1)(d), the Board will, if the Minister so determines—
(a) indemnify a trustee of the superannuation scheme holding office before the declaration against any liabilities that the trustee was indemnified against before the making of the declaration;
(b) be subrogated to the rights of a trustee of the superannuation scheme holding office before the declaration.
3—Arrangements as to trust deed and rules
(1) Each administered scheme is to have—
(a) a trust deed; and
(b) a set of rules.
(2) The trust deed and the rules will be contained in instruments recognised by the Minister by notice in the Gazette.
(3) The Minister must not publish a notice under subclause (2) unless the Minister—
(a) is acting on the basis of an application made by the trustee of the relevant superannuation scheme; and
(b) is satisfied that the trust deed and rules of the administered scheme confer on members of the scheme equivalent rights to the rights that members had under the original fund in respect of benefits.
(4) A trust deed or rules may be varied in accordance with the terms of the trust deed or rules and subclauses (2) and (3) will apply to any variation in the same manner as they applied to the original trust deed or rules (as the case requires).
(5) For the purposes of subclause (3), if the application is made—
(a) by a body corporate that has 3 or more directors—the application must be made pursuant to a special resolution of the directors of the body corporate;
(b) by the trustees of a superannuation scheme that has 3 or more trustees—the application must be made pursuant to a special resolution of the trustees.
4—Arrangements as to assets
(1) If a declaration has been made under clause 2(1)(c), the trustee of the relevant superannuation scheme may, by instrument in writing, transfer any assets of the scheme to the Superannuation Funds Management Corporation of South Australia so that those assets may be invested and managed under this Schedule.
(2) Any monetary asset received under subclause (1) must be paid into a fund under Part 3.
(3) Super SA or the Superannuation Funds Management Corporation of South Australia may also receive and hold records and other information that have been created or obtained in connection with the operation of an administered scheme.
Part 3—Establishment of funds and contribution accounts
Division 1—Establishment of funds
5—Management and establishment of funds
(1) If a declaration is made under clause 2(1)(c), the Superannuation Funds Management Corporation of South Australia may, depending on arrangements determined or approved by the Minister and the other requirements of this Schedule—
(a) assume the management of an existing fund (and make investments accordingly); or
(b) establish a fund for the purposes of the administered scheme (and invest assets of the relevant scheme transferred to or held by the Corporation for the purposes of management by the Corporation).
(2) The assets of an administered scheme that is subject to a declaration under clause 2(1)(c) will be invested, managed and held for the benefit of that scheme and will not belong to the Crown.
(3) Subject to the following subclauses, the Corporation may enter into transactions affecting any assets held in a fund under subclause (1)(a) or (b)—
(a) for the purposes of investment; or
(b) for purposes incidental, ancillary or otherwise related to investment.
(4) The Corporation must consult with the trustee of the relevant superannuation scheme to determine the risk/return objectives and strategic asset allocation policies to be adopted with respect to the management and investment of the fund.
(5) Subject to subclause (6), the trustee of the scheme will be ultimately responsible for setting the risk/return objectives and the Corporation will be ultimately responsible for determining the strategic asset allocation policies.
(6) If a disagreement arises between the trustee and the Corporation with respect to the investment of the fund, the matter must be referred to the Treasurer and a decision of the Treasurer will determine the matter (and will have effect according to its terms).
(7) If the assets of a superannuation scheme are being managed under this Schedule, then, subject to any other arrangements under the rules of the scheme or approved by the trustee of the scheme—
(a) Super SA must pay to the credit of the fund maintained for the purposes of the scheme all contributions received by Super SA for the purposes of the scheme; and
(b) all interest and accretions arising from the investment of the assets of the scheme must be paid into a fund managed or established under this Schedule for the benefit of the scheme; and
(c) all benefits under the scheme will be paid from a fund managed or established under this Schedule for the benefit of the scheme.
(8) The Corporation may pay from a fund managed by the Corporation under this Schedule—
(a) administrative costs and other expenses related to the management and investment activities of the Corporation in connection with the fund; and
(b) if relevant, administrative charges payable under clause 11; and
(c) any other amount payable in connection with the management or operation of the relevant superannuation scheme determined to be payable from the fund pursuant to the rules of the scheme or a determination of the trustee of the scheme.
(9) The Corporation must determine the value of a fund managed under this clause as at the end of each financial year.
6—Division of funds into distinct parts
(1) The Superannuation Funds Management Corporation of South Australia must, at the request of the trustee of the administered scheme—
(a) divide a fund managed by the Corporation for the purposes of an administered scheme into 2 or more distinct divisions; and
(b) further divide a distinct division into subdivisions.
(2) Different divisions or subdivisions of a fund may be invested in different ways (and different rates of return may apply to different divisions or subdivisions).
Division 2—Contribution accounts
7—Contribution accounts
(1) Super SA may, for the purposes of an administered scheme (insofar as may be relevant), establish and maintain contribution accounts—
(a) in the names of the members of the scheme;
(b) in the name of the employer of the members of the scheme.
(2) Super SA may—
(a) credit and debit contribution accounts in accordance with the terms of the relevant superannuation scheme or otherwise to reflect the operation of this Schedule;
(b) provide for rates of return to be reflected in contribution accounts on the basis of a determination of the trustee of the scheme after taking into account the relevant rates of return that apply to the investment of a fund established under Division 1.
Part 4—Miscellaneous
8—Insurance arrangements
(1) Super SA may, with the approval of the Minister, establish (and maintain) arrangements that provide members of 1 or more administered schemes with death, disability or other forms of insurance.
(2) The terms and conditions of insurance established under this clause (including as to any premiums to be paid by members of administered schemes or, if it is so determined, by the employer of the members of the scheme) may be—
(a) included in the rules of an administered scheme; or
(b) prescribed by regulations made for the purposes of this provision.
(3) Super SA may, in establishing and maintaining insurance under this clause—
(a) establish a pool of funds or other assets that relate to more than 1 administered scheme;
(b) invest any funds or other assets as it thinks fit;
(c) enter into insurance or re-insurance arrangements with other entities;
(d) establish arrangements, provide or offer benefits, or set premiums or other terms or conditions, that vary between different administered schemes, or different classes of members of administered schemes;
(e) undertake any activity through the Minister (as a body corporate), the Board, the Superannuation Funds Management Corporation of South Australia, or any other entity determined by Super SA after consultation with the Minister;
(f) take such other action that is necessary or expedient for the purposes of providing insurance under this clause.
(4) Any funds or other assets relating to insurance arrangements established under this clause may be held separately from any funds or other assets administered under Part 2 and Part 3.
9—Accounts and audit
(1) Super SA must, in respect of each financial year for which it is the manager of an administered scheme, in respect of each administered scheme—
(a) maintain proper accounts of amounts paid to Super SA for the purposes of the scheme; and
(b) maintain proper accounts of payments to, on behalf of, or in respect of, members of the scheme; and
(c) maintain proper accounts of any other associated receipts or payments; and
(d) prepare financial statements in relation to those receipts and payments.
(2) Subject to subclause (3), the Auditor-General must, on an annual basis, audit—
(a) the accounts and financial statements referred to in subclause (1); and
(b) any other accounts or financial statements of an administered scheme.
(3) The Auditor-General may, as the Auditor-General thinks fit, appoint or authorise another person to conduct an audit on behalf of, or instead of, the Auditor-General.
(4) The Auditor-General may, at any other time, audit the accounts and financial statements of Super SA under this Schedule, or of an administered scheme within the scope of this Schedule.
10—Reports
(1) Super SA must, in conjunction with each annual report of the Board under this Act, provide a report on the operation of this Schedule in relation to any administered scheme that is within the ambit of a declaration under clause 2(1)(b) during the financial year to which the annual report relates.
(2) A report under subclause (1) must include—
(a) a copy of any accounts or financial statements that are required to be audited under this Schedule in respect of each relevant scheme for the financial year; and
(b) if a fund has been managed under Part 3 Division 1 in respect of any part of the relevant financial year—a copy of the audited accounts and financial statements for that fund provided by the Superannuation Funds Management Corporation of South Australia.
(3) In addition, the trustee of an administered scheme that is within the ambit of a declaration that does not extend beyond clause 2(1)(a) must, on or before 31 October in each year, furnish to the Minister the trustee's annual report for the scheme for the financial year ending on 30 June in that year.
(4) The Minister must, within 6 sitting days after receiving a report under this clause, have copies of the report laid before both Houses of Parliament.
(5) Super SA must also report in accordance with any requirements imposed on Super SA under the rules of an administered scheme, or under the regulations.
11—Fees
(1) The Minister may establish and impose an administrative charge in connection with Super SA acting as manager of an administered scheme under this Schedule.
(2) The Board may, after consultation with the Minister, establish and impose an administrative charge in connection with the Board acting as trustee of an administered scheme under this Schedule.
(3) The Minister or the Board may, in connection with the operation of subclause (1) or (2)—
(a) fix different charges with respect to different funds or different circumstances;
(b) recover any charge imposed under this clause from any fund of an administered scheme or, if the trust deed of the administered scheme so provides, from any employer of any members of an administered scheme;
(c) arrange for any contribution account to be debited to reflect any charge imposed under this clause;
(d) vary a charge from time to time.
12—Cessation of scheme
(1) The Minister may, by notice in the Gazette, revoke a declaration relating to an administered scheme under this Schedule.
(2) The Minister may, by notice in the Gazette, transfer any assets of the relevant fund in order to give effect to the change in circumstances.
12A—Unclaimed superannuation benefits
If an amount of a superannuation fund of an administered scheme is attributable to an unclaimed superannuation benefit, the trustees of the scheme may, in accordance with the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth, pay an amount equal to the unpaid superannuation benefit, or any amount required to be paid under that Act on account of the unclaimed superannuation benefit, from the fund to the Commissioner of Taxation.
13—Stamp duty
(1) No stamp duty is payable under a law of this State in respect of any transfer of assets connected with, or arising out of, the operation of this Schedule.
(2) No person has an obligation under the Stamp Duties Act 1923 to lodge a statement or return relating to a matter referred to in subclause (1), or to include in a statement or return a record or information relating to such a matter.
14—Transitional provisions
(1) The Governor may, by regulation, make provisions of a saving or transitional nature in relation to a declaration of the Minister under this Schedule.
(2) A regulation made under subclause (1) may—
(a) modify the provisions of this Schedule in their application to a particular scheme;
(b) operate prospectively or retrospectively from a date specified in the regulation.
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 .
Legislation repealed by principal Act
The Superannuation Act 1988 repealed the following:
Superannuation Act 1974
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Superannuation Act 1988
28.4.1988
1.7.1988 (Gazette 19.5.1988 p1246)
Superannuation Act Amendment Act 1989
30.3.1989
20.4.1989 (Gazette 13.4.1989 p1006) except s 9(b) & 14—1.7.1988: s 2(2)
Superannuation Act Amendment Act (No. 2) 1989
Superannuation Act Amendment Act 1990
20.12.1990
17.1.1991 (Gazette 17.1.1991 p182)
Superannuation (Miscellaneous) Amendment Act 1991
5.12.1991
19.12.1991 (Gazette 19.12.1991 p1905) except s 15—17.1.1991: s 2(1)
Statutes Amendment (Public Actuary) Act 1992
19.11.1992
10.12.1992 (Gazette 10.12.1992 p1752)
Superannuation (Scheme Revision) Amendment Act 1992
1.7.1992 except s 8(b) & (c)—10.12.1992: s 2
Police Superannuation (Superannuation Guarantee) Amendment Act 1993
25.3.1993
s 9—19.12.1991: s 2
Superannuation (Voluntary Separation) Amendment Act 1993
20.5.1993
27.5.1993 (Gazette 27.5.1993 p1753)
Passenger Transport Act 1994
26.5.1994
Sch 4—1.7.1994 (Gazette 30.6.1994 p1843)
Superannuation (Miscellaneous) Amendment Act 1994
2.6.1994 (Gazette 2.6.1994 p1524) except s 14(i)—5.6.1992: s 2(2)
Statutes Amendment (Closure of Superannuation Schemes) Act 1994 as amended by 53/1994 and 57/1994
9.6.1994
Pt 2 (ss 4 & 5)—3.5.1994 and Pt 4 (s 8)—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)
Superannuation (Contracting Out) Amendment Act 1995
7.12.1995
14.12.1995 (Gazette 14.12.1995 p1642)
Superannuation (Employee Mobility) Amendment Act 1997
Superannuation (Miscellaneous) Amendment Act 1997
24.7.1997 except s 8—1.7.1992: s 2
Statutes Amendment (Adjustment of Superannuation Pensions) Act 1998
2.4.1998
Pt 5 (s 7)—1.10.1997 : s 2
Superannuation (Miscellaneous) Amendment Act 1998
2.4.1998
16.4.1998 (Gazette 16.4.1998 p1707) except s 18(h)—1.7.1994 : s 2(2)
Statutes Amendment (Commutation for Superannuation Surcharge) Act 1999
Electricity Corporations (Restructuring and Disposal) Act 1999
Sch 3( Pt 3)—1.12.1999 (Gazette 23.9.1999 p1214)
Superannuation (Voluntary Separation Packages) Amendment Act 1999
12.8.1999
1.7.1999: s 2
District Court (Administrative and Disciplinary Division) Amendment Act 2000
20.4.2000
Sch 1 (cl 41)—1.6.2000 (Gazette 18.5.2000 p2554)
Superannuation (Miscellaneous) Amendment Act 2000
13.7.2000
17.8.2000 (Gazette 17.8.2000 p498) except s 13—1.7.1988: s 2(2)
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 6 (s 9)—1.1.2002: s 2
Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003
12.6.2003
Pt 5 (ss 11—13)—3.7.2003 (Gazette 3.7.2003 p2877)
Statutes Amendment (Notification of Superannuation Entitlements) Act 2003
17.7.2003
Pt 4 (ss 8—11)—17.8.2003: s 2
Statute Law Revision Act 2003
23.10.2003
Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003
20.11.2003
Pt 6 (s 28—33)—18.12.2003 (Gazette 18.12.2003 p4527)
Passenger Transport (Dissolution of Passenger Transport Board) Amendment Act 2003
4.12.2003
Sch 1 (cl 4)—1.1.2004 (Gazette 18.12.2003 p4525)
Statutes Amendment (Miscellaneous Superannuation Measures) Act 2004
5.8.2004
Pt 4 (ss 16—21)—19.8.2004 (Gazette 19.8.2004 p3280)
Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004
16.12.2004
Pt 6 (s 46)—3.7.2003: s 2(3); Pt 6 (ss 40—45)—13.1.2005 (Gazette 13.1.2005 p69)
Superannuation (Administered Schemes) Amendment Act 2006
Pt 2 (ss 3—10) & Sch 1 (cll 5 & 6)—23.6.2006
Statutes Amendment (Domestic Partners) Act 2006
14.12.2006
Pt 83 (ss 206—209)—1.6.2007 (Gazette 26.4.2007 p1352)
Statutes Amendment (Transition to Retirement—State Superannuation) Act 2008
13.3.2008
Pt 3 (ss 9—18) & Sch 1—1.7.2008 (Gazette 26.6.2008 p2554)
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 152 (s 347)—1.2.2010 (Gazette 28.1.2010 p320)
Statutes Amendment and Repeal (Superannuation) Act 2012
25.10.2012
Pt 7 (ss 19(1), (2), (4)—(6), 20—22, 24, 25(1)—(5)), Sch 1 (cl 1) & Sch 2—19.11.2012 (Gazette 15.11.2012 p5007); ss 19(3), 23, 25(6) & Sch 1 (cl 2)—15.6.2014 (Gazette 12.6.2014 p2485)
Statutes Amendment (Superannuation) Act 2014
Pt 5 (ss 10—12)—20.11.2014
Statutes Amendment (Registered Relationships) Act 2017
26.4.2017
Pt 13 (ss 20 & 21)—1.8.2017 (Gazette 1.8.2017 p3039)
Statutes Amendment (SACAT No 2) Act 2017
28.11.2017
Pt 45 (ss 237 to 242)—5.7.2018 (Gazette 28.6.2018 p2618)
Education and Children's Services Act 2019
8.8.2019
Sch 1 (cl 15)—1.7.2020 (Gazette 11.6.2020 p3305)
Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019
19.12.2019
Pt 19 (s 39)—1.5.2020 (Gazette 30.4.2020 p838)
Statutes Amendment (Fund Selection and Other Superannuation Matters) Act 2021
Pt 3 (s 17)—20.5.2021: s 2(1), (2); ss 15, 16 & 18—uncommenced
Statutes Amendment (Superannuation and Other Payments) Act 2025
Pt 7 (ss 39 to 45)—4.12.2025: s 2(1)
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 by 44/2003 s 3(1) (Sch 1)
Pt 1
Part Part 1 - Superannuation Act 1988 - Interpretation | Zoe
adjusted salary
approved form
inserted by 37/2012 s 19(1)
Board
the Board amended to read Board by 37/2012 Sch 2
co-contribution
inserted by 51/2004 s 40(1)
co-contribution account
inserted by 51/2004 s 40(1)
Commonwealth Act
the Commonwealth Act inserted by 91/1992 s 3(a)
the Commonwealth Act amended to read Commonwealth Act by 37/2012 Sch 2
Consumer Price Index
the Consumer Price Index amended to read Consumer Price Index by 37/2012 Sch 2
contracting out agreement
inserted by 97/1995 s 3(a)
contribution month
substituted by 24/1998 s 3(a)
contributor
amended by 5/2006 s 3(1)
deferred superannuation contributions surcharge
inserted by 37/2004 s 16(1)
Division 293 release authority
inserted by 18/2014 s 10(1)
Division 293 tax
inserted by 18/2014 s 10(1)
employee
amended by 30/1994 Sch 4 cl 2(c)(i)
amended by 54/2003 Sch 1 cl 4
1.1.2004
amended by 84/2009 s 347
1.2.2010
amended by 19/2019 Sch 1 cl 15
1.7.2020
Fund
the Fund amended to read Fund by 37/2012 Sch 2
month
substituted by 24/1998 s 3(b)
new scheme contributor
non-monetary salary
inserted by 4/2008 s 9(1)
notional salary
amended by 9/1989 s 3(a)
outplaced employee
inserted by 97/1995 s 3(b)
pensioner
amended by 5/2006 s 3(2)
preservation age
inserted by 4/2008 s 9(2)
private sector employer
inserted by 97/1995 s 3(c)
Public Sector Employees Superannuation Scheme
inserted by 91/1992 s 3(b)
public sector superannuation scheme
inserted by 79/2025 s 39
putative spouse
inserted by 13/2003 s 11
substituted by 43/2006 s 206
registered relationship
inserted by 13/2017 s 20
repealed Act
the repealed Act amended to read repealed Act by 37/2012 Sch 2
retrench
to retrench amended to read retrench by 37/2012 Sch 2
salary
inserted by 41/2000 s 3(a)
salary (second occurring)
amended by 9/1989 s 3(b), (c)
amended by 41/2000 s 3(b), (c)
amended by 4/2008 s 9(3)
(da) deleted by 4/2008 s 9(4)
Scheme
the Scheme inserted by 54/1989 s 10 (Sch)
the Scheme amended by 5/2006 s 3(3)
the Scheme amended to read Scheme by 37/2012 Sch 2
SIS Act
inserted by 37/2012 s 19(2)
Southern State Superannuation Fund
inserted by 51/2004 s 40(2)
special deposit account
inserted by 24/1998 s 3(c)
Superannuation Contributions Tax Act
inserted by 37/2004 s 16(2)
Superannuation Funds Management Corporation of South Australia or the Corporation
the Superannuation Funds Management Corporation of South Australia or Corporation inserted by 38/1995 Sch 2
the Superannuation Funds Management Corporation of South Australia or the Corporation amended to read Superannuation Funds Management Corporation of South Australia or Corporation by 37/2012 Sch 2
surcharge notice
inserted by 37/2004 s 16(3)
Taxation Administration Act
inserted by 18/2014 s 10(2)
TEC contract
inserted by 41/2000 s 3(d)
Tribunal
inserted by 51/2017 s 237
Triple S scheme
inserted by 51/2004 s 40(3)
the Trust
unclaimed superannuation benefit
inserted by 37/2012 s 19(3)
s 4(2)
s 4(2a)
inserted by 24/1998 s 3(d)
s 4(2b)
s 4(2c)
substituted by 4/2008 s 9(5)
s 4(2d)—(2f)
deleted by 4/2008 s 9(5)
s 4(3)
amended by 41/2000 s 3(f)
amended by 37/2012 s 19(4), Sch 2
s 4(4)
amended by 91/1992 s 3(c)
amended by 37/2012 s 19(5)
s 4(4a)—(4c)
inserted by 37/2012 s 19(6)
s 4(5)
inserted by 9/1989 s 3(d)
amended by 45/1997 s 3(a)
s 4(6)
P
inserted by 45/1997 s 3(b)
s 4(6)
inserted by 9/1989 s 3(d)
amended by 91/1992 s 3(d)
amended by 37/1994 s 3(a)
s 4(7)
inserted by 91/1992 s 3(e)
s 4(8)—(10)
inserted by 37/1994 s 3(b)
s 4A
inserted by 13/2003 s 12
s 4A(1)
substituted by 43/2006 s 207
amended by 13/2017 s 21(1)
amended by 46/2019 s 39(1)
(b) deleted by 46/2019 s 39(2)
s 4A(2)
substituted by 13/2017 s 21(2)
amended by 51/2017 s 238(1)
s 4A(2a)
inserted by 13/2017 s 21(2)
s 4A(3)
amended by 51/2017 s 238(2), (3)
s 4A(4)
amended by 51/2017 s 238(4)
s 4A(5)
amended by 51/2017 s 238(5)
s 4B
inserted by 13/2003 s 12
s 4B(4)
amended by 51/2017 s 239(1), (2)
s 5
s 5(1)
amended by 54/1989 ss 2, 10 (Sch)
s 5(1a)
inserted by 91/1992 s 4(a)
s 5(1b)
inserted by 41/2000 s 4(a)
s 5(2a)
inserted by 41/2000 s 4(b)
s 5(3)
inserted by 91/1992 s 4(b)
amended by 41/2000 s 4(c), (d)
s 5(4)—(7)
inserted by 41/2000 s 4(e)
Pt 2
Pt 2 Div 1
s 6
s 6(3) and (4)
s 7
s 7(2)
deleted by 46/1994 s 4
inserted by 79/2025 s 40
s 8
s 8(1)
amended by 45/1997 s 4(a)
amended by 37/2012 s 20(1)
s 8(2)
amended by 69/1992 s 26
amended by 45/1997 s 4(b)
amended by 37/2012 s 20(2)
amended by 16/2021 s 15
s 8(4)
amended by 24/1998 s 4
s 8(7)
inserted by 37/1994 s 4
amended by 45/1997 s 4(c)
amended by 79/2025 s 41
s 9
s 9(2)
s 9(4a)
inserted by 24/1998 s 5
s 9(4b)
inserted by 37/2012 s 21
s 9A
inserted by 16/2021 s 16
s 10
s 10(1)
amended by 16/2021 s 17(1)
s 10(4)
amended by 79/2025 s 42(1)
s 10(5)
substituted by 79/2025 s 42(2)
s 10(6)
s 10A
inserted by 91/1992 s 5
Pt 2 Div 2
amended by 54/1989 ss 3, 4
amended by 69/1992 s 27
amended by 37/1994 s 5
Pt 2 Div 3
s 17
substituted by 54/1989 s 5
s 17(3)
s 17(4)
substituted by 51/2004 s 41(1)
s 17(6)
amended by 51/2004 s 41(2)—(4)
s 17(7)
amended by 24/1998 s 6
s 17(8)
s 18
amended by 9/1989 s 4
deleted by 54/1989 s 6
s 19
s 19(1) and (2)
s 19(3)
substituted by 37/1994 s 6(a)
s 19(3a)
inserted by 37/1994 s 6(a)
s 19(4)
amended by 37/1994 s 6(b)
s 20
amended by 78/1990 s 3
Pt 2 Div 3A
inserted by 54/1989 s 7
heading substituted by 44/2003 s 3(1) (Sch 1)
s 20A
s 20A(1)
amended by 91/1992 s 6
s 20A(2)
s 20A(3)
amended by 45/1997 s 5(a)
s 20A(4)
amended by 37/2004 s 17(1)
s 20A(4a) and (4b)
inserted by 37/2004 s 17(2)
s 20A(5)
s 20A(6)
substituted by 24/1998 s 7
s 20A(6a)
inserted by 24/1998 s 7
s 20A(7)
inserted by 45/1997 s 5(b)
s 20ABA
inserted by 51/2004 s 42
amended by 79/2025 s 43
s 20AB
inserted by 91/1992 s 7
Pt 2 Div 3B
inserted by 54/1989 s 7
heading substituted by 44/2003 s 3(1) (Sch 1)
s 20B
s 20B(1)
amended by 24/1998 s 8(a)
amended by 49/2003 s 28
s 20B(2)
amended by 24/1998 s 8(b)
amended by 41/2000 s 5
s 20B(3)
inserted by 51/2004 s 43
s 20B(4)
inserted by 5/2006 s 4
Pt 2 Div 4
s 21
s 21(2) and (3)
s 21(2)
inserted by 16/2021 s 18
s 21(4)
amended by 78/1990 s 4
substituted by 69/1992 s 28
amended by 41/2000 s 6
s 21(4a)
inserted by 69/1992 s 28
Pt 3
s 22
s 22(1)
s 22(5)
substituted by 91/1992 s 8(a)
s 22(5a)
inserted by 91/1992 s 8(b)
s 22(6)
amended by 78/1990 s 5
s 22(7)
substituted by 91/1992 s 8(c)
s 22(8)
s 22(9)
inserted by 91/1992 s 8(d)
s 22(10)
inserted by 46/1994 s 5
amended by 46/1994 s 8(a) as substituted by 57/1994 s 3
21.10.1994
s 22(11) and (12)
inserted by 46/1994 s 5
s 22(13)
inserted by 46/1994 s 8(b) as substituted by 57/1994 s 3
21.10.1994
s 22(14)
amended by 36/1999 Sch 3 (Pt 3 cl 3(a))
s 22(15) and (16)
s 22(17) and (18)
amended by 36/1999 Sch 3 (Pt 3 cl 3(a))
s 22(19)
ETSA superannuation scheme
deleted by 36/1999 Sch 3 (Pt 3 cl 3(b))
s 23
s 23(1)
s 23(2)
amended by 24/1998 s 9(a)
amended by 41/2000 s 7(a)
s 23(2a)—(2b)
inserted by 41/2000 s 7(b)
s 23(3)
amended by 91/1992 s 9(a)
s 23(3a)
inserted by 91/1992 s 9(b)
s 23(4)
amended by 78/1990 s 6
amended by 24/1998 s 9(b)
s 23(6)
amended by 37/1994 s 7(a)
amended by 24/1998 s 9(c)
s 23(6a)
inserted by 37/1994 s 7(b)
s 23(7)
amended by 9/1989 s 5
substituted by 24/1998 s 9(d)
s 24
s 24(1)
s 24(3)
s 24(4)
amended by 78/1990 s 7
s 25
s 25(2)
substituted by 78/1990 s 8
Pt 4
s 26A
inserted by 4/2008 s 10
s 27
s 27(1)
s 27(2)
substituted by 91/1992 s 10
s 27(4)
inserted by 97/1995 s 4
s 28
s 28(1)
amended by 45/1997 s 6
s 28(1a) and (1b)
inserted by 78/1990 s 9
s 28(1c)
inserted by 91/1992 s 11(a)
amended by 24/1998 s 10(a)
amended by 21/2003 s 8(a)
s 28(1d)
inserted by 91/1992 s 11(a)
amended by 37/1994 s 8(a)
s 28(1e)
inserted by 37/1994 s 8(b)
s 28(1f)
inserted by 37/1994 s 8(b)
substituted by 24/1998 s 10(b)
s 28(2)
amended by 24/1998 s 10(c)
amended by 21/2003 s 8(b)
s 28(3)
s 28(4)
substituted by 67/1991 s 3
substituted by 91/1992 s 11(b)
X
s 28(5)
amended by 91/1992 s 11(c)
s 28(6)
deleted by 91/1992 s 11(d)
s 28(7)
amended by 24/1998 s 10(d)
s 28(8)
inserted by 97/1995 s 5
s 28A
inserted by 44/1993 s 3
27.5.1993
s 28A(1)
amended by 4/2008 s 11(1)
s 28A(1a)
inserted by 4/2008 s 11(2)
s 28A(2)
amended by 4/2008 s 11(3)
s 28A(3)
substituted by 57/1999 s 3
s 28A(3a) and (3b)
s 28A(3c)
amended by 21/2003 s 9
s 28A(3d) and (3e)
s 28B
inserted by 97/1995 s 6
s 28B(4)
s 28C
inserted by 97/1995 s 6
s 28C(4) and (5)
s 29
s 29(1)
amended by 24/1998 s 11(a)
s 29(1a) and (1b)
inserted by 24/1998 s 11(b)
s 29(2)
amended by 91/1992 s 12(a)
s 29(3)
deleted by 91/1992 s 12(b)
s 29(4) and (5)
s 30
s 30(3)
amended by 9/1989 s 6
s 30(8)
s 30A
inserted by 78/1990 s 10
s 30A(1)
s 31
s 31(1)
substituted by 37/1994 s 9(a)
s 31(2)
amended by 91/1992 s 13(a)
A
amended by 78/1990 s 11(a)
amended by 67/1991 s 4
Pn
inserted by 91/1992 s 13(b)
X
M
inserted by 91/1992 s 13(c)
s 31(2a)
inserted by 78/1990 s 11(b)
s 31(2b)
inserted by 37/1994 s 9(b)
amended by 24/1998 s 12
s 31(2c)
inserted by 37/1994 s 9(b)
s 31(3)
substituted by 78/1990 s 11(c)
amended by 45/1997 s 7
s 31(4)
substituted by 78/1990 s 11(c)
s 32
s 32(1)
amended by 67/1991 s 5(a)
s 32(2)
amended by 91/1992 s 14(a)
A
amended by 67/1991 s 5(b)
X
Pn
inserted by 91/1992 s 14(b)
M
inserted by 91/1992 s 14(b)
s 32(2a)
inserted by 49/2003 s 29
s 32(3)
A
amended by 67/1991 s 5(c)
s 32(3a)
inserted by 67/1991 s 5(d)
substituted by 91/1992 s 14(c)
amended by 24/1998 s 13
M
s 32(5)
amended by 67/1991 s 5(e)
amended by 91/1992 s 14(d)
s 32A
inserted by 91/1992 s 15
s 32A(2)
amended by 24/1998 s 14
s 32A(3), (7) and (8)
ss 32B—32D
inserted by 37/2004 s 18
18.9.2004
s 32E
inserted by 18/2014 s 11
Pt 5
s 33A
inserted by 4/2008 s 12
s 34
amended by 9/1989 s 7
amended by 69/1992 s 29
substituted by 91/1992 s 16
s 34(1)
amended by 41/2000 s 8(a)
n
amended by 45/1997 s 8
s 34(2)
amended by 34/2000 s 8(b)
B
amended by 37/1994 s 10(a)
n
amended by 45/1997 s 8
s 34(5)
inserted by 37/1994 s 10(b)
s 34(6)
inserted by 37/1994 s 10(b)
amended by 24/1998 s 15
s 34(7)
inserted by 97/1995 s 7
s 35
s 35(1)
amended by 91/1992 s 17(a)
s 35(2)
A
amended by 67/1991 s 6(a)
s 35(2a)
inserted by 67/1991 s 6(b)
s 35(2b)
inserted by 91/1992 s 17(b)
s 35(4)
amended by 91/1992 s 17(c)
amended by 37/1994 s 11(a)
s 35(5)
amended by 91/1992 s 17(d)
Pn
FS
M
s 35(6)
inserted by 37/1994 s 11(b)
s 36
s 36(1)
substituted by 9/1989 s 8(a)
s 36(3)
amended by 9/1989 s 8(b)
s 36(8)
s 36A
inserted by 78/1990 s 12
s 36A(1)
s 37
s 37(1)
substituted by 37/1994 s 12(a)
s 37(2)
amended by 67/1991 s 7(a)
substituted by 91/1992 s 18
s 37(2a)
inserted by 67/1991 s 7(b)
s 37(3a)
inserted by 37/1994 s 12(b)
amended by 24/1998 s 16
s 37(3b) and (3c)
inserted by 37/1994 s 12(b)
s 37(4)
substituted by 78/1990 s 13
s 37(5)
substituted by 78/1990 s 13
s 38
s 38(1)
amended by 67/1991 s 8(a)
amended by 12/1993 s 9(a)
amended by 45/1997 s 9(a)
amended by 43/2006 s 208(1)
s 38(1a)
inserted by 45/1997 s 9(b)
amended by 13/2003 s 13
deleted by 43/2006 s 208(2)
s 38(1b)
inserted by 49/2003 s 30
s 38(2)
s 38(4)
amended by 67/1991 s 8(b), (c)
amended by 37/1994 s 13
s 38(6)
inserted by 67/1991 s 8(d)
amended by 24/1998 s 17
s 38(7)
inserted by 67/1991 s 8(d)
amended by 91/1992 s 19(a)
amended by 12/1993 s 9(b)
X
substituted by 91/1992 s 19(b)
Pn
inserted by 91/1992 s 19(b)
M
inserted by 91/1992 s 19(b)
s 39
s 39(1)
amended by 78/1990 s 14(a)
amended by 37/1994 s 14(a)
s 39(1a) and (1b)
inserted by 78/1990 s 14(b)
s 39(1c)
amended by 24/1998 s 18(a), (b)
amended by 21/2003 s 10(a)
(a)—(d) redesignated as (b)—(e) by 24/1998 s 18(a)
s 39(1d)
amended by 37/1994 s 14(b), (c)
s 39(1da)
inserted by 37/1994 s 14(d)
s 39(1db)
inserted by 37/1994 s 14(d)
substituted by 24/1998 s 18(c)
s 39(1e)
deleted by 24/1998 s 18(d)
s 39(2)
amended by 78/1990 s 14(c)
amended by 24/1998 s 18(e)
amended by 21/2003 s 10(b)
s 39(3)
amended by 91/1992 s 20(b)
s 39(4)
amended by 37/1994 s 14(e)
s 39(5)
amended by 67/1991 s 9(a)
amended by 24/1998 s 18(f)
amended by 21/2003 s 10(c)
s 39(6)
amended by 9/1989 s 9(a)
amended by 24/1998 s 18(g)
s 39(7)
amended by 91/1992 s 20(c), (d)
substituted by 37/1994 s 14(f)
amended by 41/2000 s 9(a)
M
substituted by 41/2000 s 9(b)
NM
amended by 45/1997 s 10
substituted by 41/2000 s 9(c)
S
amended by 41/2000 s 9(d)
s 39(7a)
inserted by 41/2000 s 9(e)
prescribed age
the prescribed age amended to read prescribed age by 37/2012 Sch 2
s 39(8)
amended by 37/1994 s 14(g)
s 39(8a)
inserted by 67/1991 s 9(b)
s 39(8b)
inserted by 67/1991 s 9(b)
amended by 91/1992 s 20(e)
X
substituted by 91/1992 s 20(f)
Pn
inserted by 91/1992 s 20(f)
M
inserted by 91/1992 s 20(f)
s 39(8c)
inserted by 91/1992 s 20(g)
amended by 37/1994 s 14(h)
s 39(9)
inserted by 9/1989 s 9(b)
s 39(10)
inserted by 37/1994 s 14(i)
5.6.1994
s 39(10a) and (10b)
inserted by 24/1998 s 18(h)
s 39(11)
inserted by 97/1995 s 8
s 39A
inserted by 44/1993 s 4
27.5.1993
s 39A(1)
amended by 37/1994 s 15(a)
s 39A(2)
substituted by 37/1994 s 15(b)
s 39A(3)
substituted by 57/1999 s 4
s 39A(3a)—(3c)
s 39A(3d)
amended by 21/2003 s 11
s 39A(3e)—(3g)
s 39A(3h) and (3i)
inserted by 4/2008 s 13
s 39A(4)
substituted by 37/1994 s 15(c)
s 39A(5)
amended by 37/1994 s 15(d)
s 39B
inserted by 97/1995 s 9
s 39B(4) and (5)
s 39C
inserted by 97/1995 s 9
s 39C(4) and (7)
s 40
s 40(4)
inserted by 67/1991 s 10
s 40A
inserted by 23/1999 s 6
s 40A(2)
amended by 37/2004 s 19(1)
s 40A(3)
amended by 37/2004 s 19(2)
s 40A(4)
amended by 37/2004 s 19(3)
s 40A(8)
deleted by 37/2004 s 19(4)
s 40AB
inserted by 18/2014 s 12
s 40B
inserted by 4/2008 s 14
s 42A
inserted by 41/2000 s 10
s 43
amended by 78/1990 s 15
substituted by 67/1991 s 11
s 43A
inserted by 54/1989 s 8
amended by 37/1994 s 16
substituted by 41/2000 s 11
deleted by 4/2008 s 15
s 43AA
inserted by 41/2000 s 12
Pt 5A
inserted by 49/2003 s 31
s 43AB
amended by 5/2006 s 5
s 43AC
SIS Act
deleted by 37/2012 s 22
Southern State Superannuation Fund
deleted by 51/2004 s 44
s 43AF
s 43AF(6)
inserted by 4/2008 s 16
s 43AG
substituted by 51/2004 s 45
s 43AN
s 43AN(2)
Pt 6
s 43B
inserted by 91/1992 s 21
s 43B(1)
s 43B redesignated as s 43B(1) by 37/1994 s 17
s 43B(2)
inserted by 37/1994 s 17
s 44
s 44(1)
amended by 37/1994 s 18(a)
amended by 24/1998 s 19
amended by 4/2000 s 9(1) (Sch 1 cl 41(a))
substituted by 51/2017 s 240(1)
s 44(2)
amended by 37/1994 s 18(b)
deleted by 4/2000 s 9(1) (Sch 1 cl 41(b))
inserted by 51/2017 s 240(1)
s 44(3)
deleted by 4/2000 s 9(1) (Sch 1 cl 41(c))
s 44(4)
inserted by 37/1994 s 18(c)
amended by 4/2000 s 9(1) (Sch 1 cl 41(d))
amended by 51/2017 s 240(2)
s 45
s 45(1)
amended by 9/1989 s 10
amended by 41/2000 s 13(a)—(c)
amended by 37/2004 s 20(1)—(6)
(e) deleted by 37/2004 s 20(3)
s 45(1aa)
inserted by 4/2008 s 17
s 45(1a)
inserted by 24/1998 s 20(a)
substituted by 41/2000 s 13(d)
amended by 37/2004 s 20(7)
s 45(2)
amended by 24/1998 s 20(b)
amended by 41/2000 s 13(e)
(ba) deleted by 37/2004 s 20(8)
s 45(3)
s 45(4)
substituted by 67/1991 s 12
amended by 37/2004 s 20(9)
s 45(5)
s 45(6)
inserted by 37/1994 s 19
amended by 41/2000 s 13(f)
s 45(7)
inserted by 37/2004 s 20(10)
s 46
s 46(2)
s 46(4)
inserted by 9/1989 s 11
s 46(5)
inserted by 9/1989 s 11
s 47
s 47(1)
amended by 78/1990 s 16
substituted by 20/1998 s 7(a)
amended by 40/2001 s 9(a)
s 47(2)
amended by 20/1998 s 7(b)
substituted by 40/2001 s 9(a)
s 47(4)
amended by 40/2001 s 9(b)
s 47(5)
amended by 40/2001 s 9(c), (d)
s 47(6)
substituted by 40/2001 s 9(e)
ss 47A and 47B
inserted by 24/1998 s 21
ss 47C and 47D
inserted by 4/2008 s 18
s 48
s 48(1)
substituted by 9/1989 s 12(a)
s 48(2)
amended by 9/1989 s 12(b)
substituted by 41/2000 s 14
substituted by 12/2001 s 26
1.7.2001
s 48(2a) and (2b)
inserted by 41/2000 s 14
s 48(3)
inserted by 9/1989 s 12(c)
s 49
s 49(1) and (2)
s 50A
inserted by 37/2012 s 23
s 51A
inserted by 41/2000 s 15
s 54
s 54(1)
amended by 37/2004 s 21(1)
s 54(5)
s 54(6) and (7)
inserted by 37/2004 s 21(2)
s 55
s 55(1)
amended by 24/1998 s 22
(a)—(d) redesignated as (b)—(e) by 24/1998 s 22
amended by 5/2006 s 6(1)—(5)
amended by 51/2017 s 241
s 55(1a)
inserted by 49/2003 s 32
s 55(2)
substituted by 5/2006 s 6(6)
s 56
s 56(1)
s 56 substituted by 24/1998 s 23
s 56 amended and redesignated as s 56(1) by 5/2006 s 7(1)—(4)
s 56(2)—(4)
inserted by 5/2006 s 7(4)
s 57
deleted by 37/2012 Sch 2
s 58
s 58(1)
s 58A
inserted by 91/1992 s 22
s 59
s 59(1a)
inserted by 78/1990 s 17
amended by 67/1991 s 13
amended by 49/2003 s 33
amended by 5/2006 s 8
amended by 37/2012 s 24, Sch 2
s 59(2)
s 59(3)
inserted by 79/2025 s 44
s 60
inserted by 9/1989 s 13
deleted by 54/1989 s 9
Sch 1
cl 1
cl 1(1)
cl 1(2)
cl 1(2a)
inserted by 9/1989 s 14
cl 2
cl 2(1)
cl 2(4)
amended by 67/1991 s 14
deleted by 24/1998 s 24(a)
cl 3A
inserted by 78/1990 s 18
cl 4
cl 5
cl 5(1)
cl 6
cl 6(1)
amended by 9/1989 s 15(a)
amended by 37/1994 s 20(a)
FS
substituted by 37/1994 s 20(b)
Z
inserted by 9/1989 s 15(b)
Pn
inserted by 37/1994 s 20(c)
M
inserted by 37/1994 s 20(c)
cl 7
cl 7(3)
inserted by 91/1992 s 23(a)
cl 9
cl 9(1a)
inserted by 9/1989 s 16(a)
amended by 69/1992 s 30(a)
cl 9(2)
amended by 69/1992 s 30(b)
cl 9(3)
inserted by 9/1989 s 16(b)
amended by 69/1992 s 30(c)
amended by 91/1992 s 23(b)
cl 10
substituted by 9/1989 s 17
cl 11
cl 11(2)
cl 12
cl 12(2)
inserted by 54/1989 s 10 (Sch)
cl 15
inserted by 91/1992 s 23(c)
cl 15(1)
amended by 37/1994 s 20(d)
cl 15(3)
inserted by 37/1994 s 20(e)
cl 15A
inserted by 37/1994 s 20(f)
cl 16
inserted by 91/1992 s 23(c)
cl 17
inserted by 37/1994 s 20(g)
cll 18—20
inserted by 24/1998 s 24(b)
cl 21
inserted by 51/2004 s 46
Sch 1A
inserted by 78/1990 s 19
cl 1
heading
inserted by 37/2012 Sch 2
amended by 79/2025 s 45(1)
cl 1(1)
amended by 37/1994 s 21
amended by 79/2025 s 45(2)
cl 1(2)
amended by 67/1991 s 15(a)
amended by 30/1994 Sch 4 cl 2(c)(ii)
substituted by 5/2006 s 9
cl 1A
inserted by 79/2025 s 45(3)
cl 2
heading
inserted by 37/2012 Sch 2
cl 2(1)
cl 2 amended and redesignated as cl 2(1) by 67/1991 s 15(b), (c)
cl 2(2)
inserted by 67/1991 s 15(c)
cl 3
heading inserted by 37/2012 Sch 2
deleted by 79/2025 s 45(4)
Sch 1B
inserted by 36/1999 Sch 3 (Pt 3 cl 3(c))
cl 1
contributory lump sum schemes
the contributory lump sum schemes amended to read contributory lump sum schemes by 37/2012 Sch 2
Electricity Industry pension scheme
the Electricity Industry pension scheme amended to read Electricity Industry pension scheme by 37/2012 Sch 2
Electricity Industry Superannuation Board
the Electricity Industry Superannuation Board amended to read Electricity Industry Superannuation Board by 37/2012 Sch 2
Electricity Industry Superannuation Scheme
the Electricity Industry Superannuation Scheme amended to read Electricity Industry Superannuation Scheme by 37/2012 Sch 2
relevant day
the relevant day amended to read relevant day by 37/2012 Sch 2
State Scheme
the State Scheme amended to read State Scheme by 37/2012 Sch 2
cl 2
cl 2(3) and (4)
cl 3
cl 3(3), (5) and (6)
cl 4
cl 4(7)
substituted by 41/2000 s 16
cl 4(8)
cl 4(9)
cl 4(10)
Sch 3
deleted by 91/1992 s 24
inserted by 5/2006 s 10
cl 4
cl 4(1)
amended by 37/2012 s 25(1), Sch 2
cl 4(2)
amended by 37/2012 s 25(2)
cl 5
substituted by 37/2012 s 25(3)
cl 6
cl 6(1)
amended by 37/2012 s 25(4)
cl 10
cl 10(2)
amended by 37/2012 s 25(5)
cl 12A
inserted by 37/2012 s 25(6)
Transitional etc provisions associated with Act or amendments
Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003, Sch 1
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.
Superannuation (Administered Schemes) Amendment Act 2006, Sch 1
5—Interpretation
In this Part—
principal Act means the Superannuation Act 1988.
6—Transitional provision
Subsections (2) and (3) of section 56 of the principal Act (as enacted by this Act) do not apply with respect to a matter where the relevant time limit expired, or the procedural step was required to be taken, before the commencement of this clause unless the South Australian Superannuation Board is satisfied, on application by a person seeking to obtain the benefit of this clause, that the failure to comply with the time limit or procedural step was attributable to a person's physical or mental disability at the relevant time.
Statutes Amendment (Domestic Partners) Act 2006
209—Transitional provision
An amendment made by a provision of this Act to a provision of the Superannuation Act 1988 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 (Transition to Retirement—State Superannuation) Act 2008, Sch 1
In this Schedule—
principal Act means the Superannuation Act 1988.
2—Transitional provisions
(1) A person—
(a) who has, before the commencement of this subclause, resigned from employment in circumstances that fall within the ambit of subsection (1) of section 28A of the principal Act (as in existence immediately before that commencement); and
(b) who has not received any benefit under that section before the commencement of this subclause,
will have 3 months from that commencement to make an election under this subclause and if such an election is not made by the expiration of that period then section 28 of the principal Act will apply to the person to the exclusion of section 28A of the principal Act.
(2) A person to whom section 39A of the principal Act applies—
(a) who resigned or retired from employment before the commencement of this subclause; and
(b) who has not made an election under subsection (3)(b) of that section before the commencement of this subclause,
will have 3 months from that commencement to make such election (so that any election made after the expiration of that period by such a person will have no effect).
(3) Section 40B of the principal Act, as enacted by this Act, applies only to a person whose right to the payment of a pension under the principal Act arises after the commencement of this subclause.
Statutes Amendment and Repeal (Superannuation) Act 2012, Sch 1—Transitional provisions
1—Superannuation Act and Superannuation Funds Management Corporation of South Australia Act
(1) Regulations made under the Superannuation Act 1988 or the Superannuation Funds Management Corporation of South Australia Act 1995 before the commencement of this clause are to be read as if the amendments to the regulation making powers under those Acts effected by this Act had been in force when the regulations were made.
(2) The person holding the office of elected member of the South Australian Superannuation Board pursuant to section 8(1)(b) of the Superannuation Act 1988 (the principal Act) immediately before the commencement of section 20 of this Act will, despite the amendments effected by that section, continue to hold office for the balance of his or her term of election (subject to any provision of the principal Act relating to the conditions of his or her office).
(3) The person holding the office of elected member of the board of directors of the Superannuation Funds Management Corporation of South Australia pursuant to section 9(2)(a) of the Superannuation Funds Management Corporation of South Australia Act 1995 (the principal Act) immediately before the commencement of section 26 of this Act will, despite the amendments effected by that section, continue to hold office for the balance of his or her term of election (subject to any provision of the principal Act relating to the conditions of his or her office).
Statutes Amendment (SACAT No 2) Act 2017, Pt 45
242—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 44 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 Superannuation Act 1988;
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 amendment not included in Reprints 20—23 (see 51/2004)