Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011
149ABMaking false statements to CSC
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(1) If a person is convicted of an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act, the court may, in addition to imposing a penalty in respect of the offence, order the person to pay to CSC an amount equal to any amount of benefit paid to the person as a result of the act, failure or omission in respect of which the person was convicted.
(2) For the purposes of subsection (1), a certificate by CSC stating that an amount specified in the certificate is the amount of benefit that has been paid to a person specified in the certificate in consequence of an act, failure or omission specified in the certificate is prima facie evidence of the matters specified in the certificate.
(3) In any proceeding, a document purporting to be a certificate under subsection (2) is taken, unless the contrary is proved, to be such a certificate and to have been duly given.
(4) In this section:
benefit includes pension or other money payable.
172 Section 149B
Omit “On and after 1 July 1976”, substitute “From 1 July 1976 to 30 June 2011 (both dates inclusive)”.
173 Section 149B
Omit “that date” wherever occurring, substitute “1 July 1976”.
Superannuation Act 1976
174 Subsection 3(1) (at the end of the definition of Commissioner)
Add “appointed under section 17, as in force before its repeal by item 183 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011”.
Note: For other amendments of this Act, see Part 2 of this Schedule.
175 Subsection 3(1)
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
176 Subsection 3(1) (at the end of paragraphs (a) to (ec) of the definition of eligible employee)
Add “and”.
177 Subsection 3(1) (at the end of paragraph (f) of the definition of eligible employee)
Omit “and”.
178 Subsection 3(1) (paragraph (g) of the definition of eligible employee)
Repeal the paragraph.
179 Subsection 3(1) (at the end of the definition of Fund or Superannuation Fund)
Add:
Note: From 1 July 2011, the CSS Fund is vested in CSC.
180 Subparagraph 4B(c)(iii)
Omit “(including the office of Commissioner)”.
181 Subsection 15(1)
Omit “(1)”.
182 Subsection 15A(2)
Omit all the words before paragraph (c), substitute:
(2) If, on or after 1 July 1990, a person (other than a person to whom subsection (1) applies) becomes a permanent employee, that person is excluded from the definition of eligible employee in subsection 3(1) unless:
183 Part II
Repeal the Part.
184 Paragraph 27C(1)(b)
Omit “other than section 154”.
185 At the end of subsection 27C(1)
Add:
Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.
186 Sections 27Q and 27R
Repeal the sections.
187 Subsection 42(5)
Omit “, and is not subject to taxation under a law of the Commonwealth (other than the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997) or a law of, a Territory or a State”.
188 Subsections 42(5A) and (5B)
Repeal the subsections.
189 Sections 44 and 44A
Repeal the sections.
190 Subsection 74(11)
Repeal the subsection, substitute:
(11) Nothing in this section shall be taken, by implication, to exclude or limit the application of Part XIA of the superseded Act to decisions of CSC (within the meaning of that Act) under this section.
191 Paragraph 135(1A)(d)
Omit “the Commissioner or”.
192 Paragraphs 136(2A)(d) and (2F)(d)
Omit “the Commissioner or”.
193 Section 154
Repeal the section.
194 Subsection 156A(1)
Omit “the Commissioner or” (wherever occurring).
195 Sections 161, 161A and 162
Repeal the sections.
196 Subsection 163(1)
Repeal the subsection.
197 Section 163
Omit “(3)”.
198 Subsection 163A(7)
Omit “, under the Commissioner’s hand,”.
199 Section 163B
Repeal the section.
200 Section 164
Omit “, the Commissioner or the Board,”, substitute “or CSC”.
201 Paragraphs 165(b), (c) and (d)
Repeal the paragraphs, substitute:
(b) a director (within the meaning of the Governance of Australian Government Superannuation Schemes Act 2011); or
(c) the CEO of ComSuper; or
(d) a member of the staff of ComSuper in the performance of the CEO’s functions in relation to this Act; or
202 Subsection 167(3)
Repeal the subsection, substitute:
(3) If a person is convicted of an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act, the Court may, in addition to imposing a penalty in respect of the offence, order the person to pay CSC an amount equal to any amount of benefit paid to the person as a result of the act, failure or omission in respect of which the person was convicted.
Note: The heading to section 167 is altered by omitting “, Commissioner etc.”.
203 Subsection 167(4)
Omit “the Commissioner or”.
204 Subsection 167(5)
Repeal the subsection.
205 Paragraph 168(14)(b)
After “section 154”, insert “, as in force at the commencement of this subsection,”.
206 Subsection 240(1)
Omit “(1)”.
Superannuation Act 1990
207 Section 3 (at the end of the definition of Board)
Add “, as in force before its repeal by item 216 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011”.
Note: For other amendments of this Act, see Part 2 of this Schedule.
208 Section 3 (definition of Chairperson)
Repeal the definition.
209 Section 3 (definition of Commissioner)
Repeal the definition.
210 Section 3
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
211 Section 3 (at the end of the definition of PSS Fund)
Add:
Note: From 1 July 2011, the Fund is vested in CSC.
212 Section 3 (definition of trustee)
Repeal the definition.
213 Subsection 5(1AA)
Repeal the subsection.
214 Paragraph 6(1)(b)
Repeal the paragraph.
215 Paragraph 6B(1)(a)
Omit “a member of PSSAP (other than by paragraph 13(2)(a) of that Act)”, substitute “an ordinary employer‑sponsored member of PSSAP (within the meaning of that Act), other than by paragraph 13(2)(a) of that Act”.
216 Parts 6 and 7
Repeal the Parts, substitute:
Section 149AB - Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 - Making false statements to CSC | Zoe