An Act to provide for the making of superannuation contributions
in respect of members of Parliament, and for related purposes
Part 1—Preliminary
1
Short title [see Note 1]
This Act may be cited as the Parliamentary
Superannuation Act 2004.
2
Commencement
(1) Each provision of this Act specified in
column 1 of the table commences, or is taken to have commenced, in accordance
with column 2 of the table. Any other statement in column 2 has effect
according to its terms.
|
Commencement
information
|
|
Column 1
|
Column 2
|
Column 3
|
|
Provision(s)
|
Commencement
|
Date/Details
|
|
1. Sections 1 and 2 and anything in this Act not
elsewhere covered by this table
|
The day after the day on which this Act receives the Royal
Assent.
|
24 June 2004
|
|
2. Sections 3 to 19
|
At the same time as Schedule 1 to the Parliamentary
Superannuation and Other Entitlements Legislation Amendment Act 2004.
|
26 June 2004
|
Note: This table
relates only to the provisions of this Act as originally passed by the Parliament
and assented to. It will not be expanded to deal with provisions inserted in
this Act after assent.
(2) Column 3 of the table contains additional
information that is not part of this Act. Information in this column may be
added to or edited in any published version of this Act.
3
Definitions
In this Act:
administering authority means:
(a) in relation to a person who is or
will be a senator—the Clerk of the Senate; and
(b) in relation to a person who is a
member of the House of Representatives—the Clerk of the House of
Representatives.
allowance by way of salary does not include:
(a) special allowance of office; or
(b) electorate allowance; or
(c) travelling allowance; or
(d) any allowance, or allowance
included in a class of allowances, specified in regulations for the purposes of
this definition.
basic contributions fund, in relation to a
person at a particular time, means:
(a) if a choice notice given by the
member is in force under Division 2 of Part 2 at that time—the fund
that is, at that time, specified in the notice as the chosen fund; or
(b) otherwise—the fund or scheme that
is, at that time, the default fund under Division 3 of Part 2.
complying superannuation fund has the meaning
given by section 4.
month means one of the 12 months of the year.
new scheme contribution period, in relation
to a person, has the meaning given by section 6.
new scheme entry time, in relation to a
person, has the meaning given by section 5.
office holder means a person who:
(a) is entitled to a parliamentary
allowance; and
(b) holds an office in, or in relation
to, the Parliament or either House of the Parliament, being an office in
respect of which he or she is entitled to an allowance by way of salary;
but does not include a Minister of State.
parliamentary allowance means:
(a) an allowance by way of salary
under clause 1 of Schedule 3 to the Remuneration and Allowances
Act 1990:
(i) as in force before the
commencement of Schedule 2 (the amending Schedule) to the Remuneration
and Other Legislation Amendment Act 2011; or
(ii) as continued in force
by item 21 of the amending Schedule; or
(b) parliamentary base salary (within
the meaning of the Remuneration Tribunal Act 1973).
RSA has the same meaning as in the Retirement
Savings Accounts Act 1997.
salary, in relation to a Minister of State,
does not include any allowance.
self managed superannuation fund has the same
meaning as in the Superannuation Industry (Supervision) Act 1993.
4
Meaning of complying superannuation fund
(1) For the purposes of this Act, a fund or
scheme is a complying superannuation fund at a particular time
if, and only if:
(a) the fund or scheme is a complying
superannuation fund for the purposes of the Income Tax Assessment Act 1997 in
relation to the year of income in which the time occurs; and
(b) the fund or scheme is a
superannuation fund as defined by subsection 6(1) of the Income Tax
Assessment Act 1936.
(2) In applying paragraph (1)(a) in
relation to a fund or scheme and a particular time, the following are to be
disregarded:
(a) any notice that is given after
that time under section 40 of the Superannuation Industry (Supervision)
Act 1993 and that relates to the fund or scheme and the year of income in
which the time occurs;
(b) any revocation or setting aside,
after that time, of a notice given before that time under section 40 of
the Superannuation Industry (Supervision) Act 1993 and that relates to
the fund or scheme and the year of income in which the time occurs or an
earlier year of income.
5
Meaning of new scheme entry time
(1) For the purposes of this Act, the new
scheme entry time for a person is the first time after the commencement
of this Act in relation to which the following conditions are satisfied:
(a) the time is on or after the
polling day for the first general election following the commencement of this
Act;
(b) the person becomes entitled to a
parliamentary allowance at that time;
(c) the person was not entitled to a
parliamentary allowance immediately before that time.
(2) For the purposes of subsection (1),
if:
(a) a person ceased to be a member of
the House of Representatives upon the dissolution or expiration of that House;
and
(b) was elected as a member of the
Senate within 3 months after so ceasing to be a member of the House of
Representatives;
then the person is taken to have been entitled to a
parliamentary allowance from the time of so ceasing to be a member of the House
of Representatives until the time the person first becomes entitled to
parliamentary allowance after being so elected as a member of the Senate.
(3) For the purposes of subsection (1),
if:
(a) a person resigned as a member of
the Senate; and
(b) was elected as a member of the
House of Representatives within 3 months after the resignation;
then the person is taken to have been entitled to a
parliamentary allowance from the time the person resigned as a member of the
Senate until the time the person was elected as a member of the House of
Representatives.
(4) For the purposes of subsections (2)
and (3), a person who is elected as a result of a polling is taken to be
elected on the polling day.
(5) In this section:
general election means a general election of
the members of the House of Representatives.
6
Meaning of new scheme contribution period
(1) For the purposes of this Act, a new
scheme contribution period of a person is a period described in subsection (2)
or (3).
(2) The period that starts at the new scheme
entry time for the person and that ends when the person next ceases to be
entitled to a parliamentary allowance is a new scheme contribution period
of the person.
(3) The period that starts at any later
time in relation to which the following conditions are satisfied:
(a) the person becomes entitled to a
parliamentary allowance at that time;
(b) the person was not entitled to a
parliamentary allowance immediately before that time;
and that ends when the person next ceases to be entitled
to a parliamentary allowance is a new scheme contribution period of
the person.
Part 2—The new parliamentary superannuation scheme
Division 1—Commonwealth’s obligations to make contributions
7
Persons to whom this Division applies
This Division applies to a person (the member)
in respect of a month if all or part of the month is in a new scheme
contribution period of the person.
8 The
Commonwealth’s obligations to make contributions
(1) If this Division applies to the member in
respect of a month, the Commonwealth must make a contribution, in respect of
the member, to the basic contributions fund of the member.
Note: The basic contributions fund of
the member is defined in section 3. It will be either a fund, scheme or
account chosen by the member under Division 2 or the default fund under
Division 3.
(2) Subject to subsections (3) and (4),
the amount of the contribution is an amount equal to 15.4% of the sum of:
(a) the amount of parliamentary
allowance to which the person is entitled in respect of the month; and
(b) the amount (if any) of salary to
which the member is entitled because he or she was a Minister of State for some
or all of the month; and
(c) the amount (if any) of allowance
by way of salary to which the member is entitled because he or she was an
office holder for some or all of the month.
(3) For the purpose of paragraph (2)(a),
any reduction under Part 1 of Schedule 3 to the Remuneration and
Allowances Act 1990 (about salary sacrifice) of the member’s entitlement to
parliamentary allowance is to be disregarded.
(4) An amount of parliamentary allowance,
salary, or allowance by way of salary, is not to be taken into account under subsection (2)
to the extent (if any) that it does not count as salary or wages for the
purposes of section 19 of the Superannuation Guarantee (Administration)
Act 1992.
(5) If:
(a) this Division applies to the
member in respect of one or more of the months in a quarter (as defined in the Superannuation
Guarantee (Administration) Act 1992); and
(b) the Commonwealth makes
contributions as required by this section in respect of the member and the
month or months in the quarter in respect of which this Division applies; and
(c) the Commonwealth would otherwise
have an individual superannuation guarantee shortfall, in respect of the member
and the quarter, for the purposes of the Superannuation Guarantee
(Administration) Act 1992;
then, for the purposes of the Superannuation Guarantee
(Administration) Act 1992, the Commonwealth is, by making those
contributions, taken to have reduced its charge percentage for the quarter to
nil under whichever of section 22 or 23 of that Act is applicable.
(6) Despite anything else in this section,
the Commonwealth is not required by this section to pay contributions to the
person’s basic contributions fund if, under the Superannuation Industry
(Supervision) Act 1993 (including the regulations under that Act), the
basic contributions fund is not permitted to receive those contributions.
Division 2—Choice of funds
9
Meaning of fund—includes schemes and accounts
In this Division:
fund includes a scheme or account.
10
When may a person choose a fund?
A person (the member) may
choose a fund as described in section 11 if, and only if:
(a) the choice is made during a new
scheme contribution period of the person; or
(b) the choice is made before the
start of a new scheme contribution period of the person and at a time when:
(i) the person has been
elected to the Senate, but his or her entitlement to parliamentary allowance as
a senator has not yet commenced; or
(ii) the person has been
chosen or appointed to hold the place of a senator in accordance with section 15
of the Constitution, but his or her entitlement to parliamentary allowance as a
senator has not yet commenced.
11 The
nature of the choice
(1) The member may choose a fund (the chosen
fund) to be the fund to which contributions are made under this Act in
respect of the member.
Note: The choice can be varied or revoked (see
sections 14 and 15).
(2) The chosen fund must, at the time the
choice is made, be either:
(a) a complying superannuation fund,
other than a self managed superannuation fund; or
(b) an RSA.
(3) There can only be one chosen fund at any
particular time in relation to the member.
12 How
to make a choice
(1) A choice of a fund must be made by notice
in writing (a choice notice) signed by the member.
(2) The notice must:
(a) specify the name of, and contact
details for, the chosen fund; and
(b) specify the date (the start
date) from which the notice is to have effect, being the date the
notice is given or a later date; and
(c) contain such other information (if
any) as is required by the regulations.
(3) The notice must be accompanied by
evidence that the chosen fund will accept contributions under this Act.
(4) The notice must be given to the
administering authority.
13
Duration of a choice notice
If sections 10, 11 and 12 are
complied with, a choice notice comes into force on the start date for the
notice and remains in force until whichever of the following occurs first:
(a) the contribution payable under
this Act in respect of the month in which the member next ceases to be
entitled to parliamentary allowance has been paid; or
(b) a revocation of the notice takes
effect (see section 15); or
(c) the chosen fund ceases to exist;
or
(d) the chosen fund ceases to accept
contributions under this Act; or
(e) the chosen fund ceases to be a
complying superannuation fund or an RSA; or
(f) the chosen fund becomes a self
managed superannuation fund.
14
Variation of a choice notice
(1) The member may vary a choice notice he or
she has given by notice in writing signed by the member and given to the
administering authority.
(2) The only variations that are permitted
are:
(a) to change the chosen fund to
another fund that is, at the time the notice is given:
(i) a complying
superannuation fund, other than a self managed superannuation fund; or
(ii) an RSA; or
(b) to change the start date to a
later date (but only if the start date has not already occurred).
(3) The notice of variation must specify a
date (the variation date) from which the variation is to take effect,
being the date on which the notice is given or a later date.
(4) A notice of variation to change the
chosen fund to another complying superannuation fund or RSA (the new fund)
must:
(a) specify the name of, and contact
details for, the new fund; and
(b) be accompanied by evidence that
the new fund will accept contributions under this Act.
(5) If the notice of variation complies with
this section, it varies the choice notice accordingly (subject to any later
variations) with effect from the variation date.
15
Revocation of a choice notice
(1) The member may revoke a choice notice he
or she has given by notice in writing signed by the member and given to the
administering authority.
(2) The notice of revocation must specify a
date from which the revocation is to take effect, being the date on which the
notice of revocation is given or a later date.
(3) If the notice of revocation complies with
this section, the revocation takes effect on the specified date.
16
Obligation to notify person of right to choose a fund
(1) Within 28 days after a person (the member)
becomes a person who, under section 10, can choose a fund as described in
section 11, the administering authority must cause the member to be given
written notice containing the following information:
(a) a statement that the member may
choose a complying superannuation fund (other than a self managed fund) or an
RSA as the fund to which contributions in respect of the member will be paid
under this Act;
(b) a statement to the effect that if
the member does not choose a fund, the contributions will be paid to the fund
that is, from time to time, the default fund;
(c) such other information (if any) as
is required by the regulations.
(2) For the purposes of subsection (1),
a person becomes a person who, under section 10, can choose a fund as
described in section 11, on whichever of the following days applies:
(a) in the case of a person to whom
paragraph 10(a) applies:
(i) unless subparagraph (ii)
applies—the first day of the relevant new scheme contribution period of the
person; or
(ii) if the day on which
the person is declared, under section 283 or 284 of the Commonwealth
Electoral Act 1918, to have been elected is later than the day applicable
under subparagraph (i)—that later day;
(b) in the case of a person to whom
subparagraph 10(b)(i) applies—the day on which the person is declared, under
section 283 of the Commonwealth Electoral Act 1918, to have been
elected to the Senate;
(c) in the case of a person to whom
subparagraph 10(b)(ii) applies—the day on which the person is chosen or
appointed as mentioned in that subparagraph.
Division 3—The default fund
17
Declaration of the default fund
(1) The Minister may, by notice in writing
signed by the Minister, declare that a fund or scheme is the default fund for
the purposes of this Act. At the time the declaration is made, the fund or
scheme must be a complying superannuation fund (other than a self managed
fund).
(2) A declaration under subsection (1)
must specify the date of effect of the declaration. The specified date may be
the day on which the declaration is signed, or an earlier or later day.
(3) The Minister must make a declaration
under subsection (1) as soon as practicable after the commencement of this
section.
(4) The Minister must ensure that there is
only one default fund at any one time.
(5) The Minister may, by notice in writing
signed by the Minister, revoke a declaration made under subsection (1) at
any time.
(6) A revocation under subsection (5)
must specify the date of effect of the revocation. The specified date may be
the day on which the notice is signed, or an earlier or later day.
(7) If the Minister, under subsection (5),
revokes a declaration under subsection (1), the Minister must make another
declaration under subsection (1) which takes effect immediately after the
revocation takes effect.
Part 3—Miscellaneous
18
Appropriation
The Consolidated Revenue Fund is
appropriated for the purposes of paying contributions under this Act.
19
Regulations
The Governor‑General may make
regulations prescribing matters:
(a) required or permitted by this Act
to be prescribed; or
(b) necessary or convenient to be
prescribed for carrying out or giving effect to this Act.