WAIn ForceAct
Superannuation and Family Benefits Act 1938
22The *Superannuation Legislation Amendment and Validation Act 2006* s. 17 and 20 read as follows:
Start here
Get a plain-English read of 22
Turn the raw legal text into a practical explanation grounded in Superannuation and Family Benefits Act 1938.
22 The *Superannuation Legislation Amendment and Validation Act 2006* s. 17 and 20 read as follows:
“
17. Validation of certain payments
Superannuation Act means the *State Superannuation Act 2000*, the *Government Employees Superannuation Act 1987* or the *Superannuation and Family Benefits Act 1938*.
(2) A payment or purported payment of a benefit under the *State Superannuation Act 2000*, the *Government Employees Superannuation Act 1987* or the *Superannuation and Family Benefits Act 1938* that was —
(a) made before this section came into operation; and
(b) invalid or ineffective because of the *Administration Act 1903* section 10,
is, and is to be taken always to have been, as valid and effective as it would have been if the *State Superannuation Act 2000* section 40, as inserted by section 15 of this Act, had been in operation in respect of each Superannuation Act at the time of the payment.
(3) If —
(a) a benefit under the *State Superannuation Act 2000*, the *Government Employees Superannuation Act 1987* or the *Superannuation and Family Benefits Act 1938* was paid to an executor or administrator of the estate of a deceased person before this section came into operation; and
(b) the executor or administrator paid, or purportedly paid, some or all of the benefit to another person before this section came into operation; and
(c) the payment was invalid or ineffective because of the *Administration Act 1903* section 10,
the executor or administrator is, and is to be taken always to have been, as liable for the payment referred to in paragraph (b) as the executor or administrator would have been if the *State Superannuation Act 2000* section 40, as inserted by section 15 of this Act, had been in operation in respect of each Superannuation Act at the time of the payment referred to in paragraph (a).
20. Validation of certain things done under the *Superannuation and Family Benefits Act 1938*
A thing done or purportedly done —
(a) under the *Superannuation and Family Benefits Act 1938* (whether as continued in force by the *State Superannuation (Transitional and Consequential Provisions) Act 2000* section 26 or not); and
(b) before the *State Superannuation Amendment Regulations (No. 4) 2003* came into operation,
is, and is to be taken always to have been, as valid and effective as it would have been if the definition of “department” in the *Superannuation and Family Benefits Act 1938* section 6(1) had been amended on 1 January 1997 by inserting after “port authority” —
“
, every college (within the meaning of the *Vocational Education and Training Act 1996*)
”.
23 The *State Superannuation Amendment Regulations (No. 4) 2008* Pt. 3 published in *Gazette* 23 Jun 2008 p. 2763‑99 will not come into operation because it was purported to come into operation on the commencement of the *State Superannuation Amendment Act 2007* Pt. 3 which was repealed by the *State Superannuation Amendment Act 2011* s. 4. It reads as follows:
“