Explanatory Memorandum
Circulated by authority of the Minister for Superannuation and Corporate Law, Senator the Hon Nick SherrySCHEDULE 1 - MAIN AMENDMENTS
8. Schedule 1 contains amendments to a range of legislation to reflect the introduction of the PSSAP and the consolidation of the governance arrangements for the main superannuation schemes for Australian Government civilian employees.
9. The PSSAP commenced on 1 July 2005 and replaced the PSS as the main superannuation scheme for new Australian Government employees and office holders. The PSSAP was established by trust deed made under the Superannuation Act 2005 . The Schedule includes amendments to a number of other Acts to include appropriate references to the PSSAP or the 2005 Act.
10. Many Commonwealth Acts include employment or appointment conditions for Australian Government employees and office holders, including in relation to the termination of that employment or appointment on invalidity grounds. Section 43 of the 2005 Act provides that those provisions can not be applied to a PSSAP contributory member who is under age 60 unless ARIA has approved the retirement and certified that the member will be eligible for a PSSAP invalidity benefit on that retirement.
11. Section 43 of the 2005 Act applies notwithstanding anything contained in any Act, award, determination, agreement or contract of employment. The Schedule includes amendments to various Acts to emphasise the conditions imposed on invalidity retirements by section 43 of the 2005 Act. These changes will ensure that those requirements are not overlooked when consideration is given to the possible invalidity retirement of a PSSAP contributory member.
12. In each case similar provisions are already included in the Acts in relation to the invalidity retirements of a member of the CSS or the PSS. The legislation providing for the CSS and the PSS, the 1976 Act and the 1990 Act respectively, includes similar provisions to section 43 of the 2005 Act in relation to the members of those schemes.
13. The Schedule also includes changes to various Acts to reflect the consolidation of the governance arrangements for the CSS, the PSS and the PSSAP under the one trustee, ARIA, from 1 July 2006. Before that date the CSS Board was the trustee for the CSS while the PSS Board was the trustee for the PSS and the PSSAP. On 1 July 2006 the functions of the CSS Board were transferred to the PSS Board, which was renamed ARIA.
14. Many Commonwealth Acts include references to the trustees of the PSS and the CSS. Amendments made by the Schedule update any reference to the PSS and the CSS Boards, including references to those Boards under their earlier names of the Commonwealth Superannuation Board of Trustees No 1 for the PSS Board and the Commonwealth Superannuation Board of Trustees No 2 for the CSS Board.
Administrative Appeals Tribunal Act 1975 ( AAT Act )
Items 1, 4, 5 and 8 - Invalidity retirement of PSSAP members
15. Item 1 of Schedule 1 inserts paragraph 13(9)(c) in the AAT Act to allow the Governor-General to retire a member of the Administrative Appeals Tribunal who is a PSSAP contributory member, on the ground of incapacity if the member agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 13(14) of the AAT Act inserted by item 4 of Schedule 1 .
16. Item 5 of Schedule 1 inserts paragraph 24K(3)(c) in the AAT Act to allow the Governor-General to retire a Registrar of the Administrative Appeals Tribunal who is a PSSAP contributory member, on the ground of incapacity if the Registrar agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 24K(6) of the AAT Act inserted by item 8 of Schedule 1 .
Items 2, 3, 6 and 7 - Introduction of ARIA
17. Items 2 and 6 of Schedule 1 amend subsections 13(12) and 24K(4) of the AAT Act respectively to update the references to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
18. Items 3 and 7 of Schedule 1 amend subsections 13(13) and 24K(5) of the AAT Act respectively to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Auditor - General Act 1997 ( AG Act )
Items 9, 12, 13 and 16 - Invalidity retirement of PSSAP members
19. Item 9 of Schedule 1 inserts paragraph 6(3)(c) in Schedule 1 to the AG Act to allow the Governor-General to retire an Auditor-General who is a PSSAP contributory member, on the ground of incapacity if the Auditor-General agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subclause 6(6) of Schedule 1 to the AG Act inserted by item 12 of Schedule 1 .
20. Item 13 of Schedule 1 inserts paragraph 5(3)(c) in Schedule 2 to the AG Act to allow the Governor-General to retire an Independent Auditor who is a PSSAP contributory member, on the ground of incapacity if the Independent Auditor agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subclause 5(6) of Schedule 2 to the AG Act inserted by item 16 of Schedule 1 .
Items 10, 11, 14 and 15 - Introduction of ARIA
21. Items 10 and 14 of Schedule 1 amend paragraphs 6(4)(b) of Schedule 1 and 5(4)(b) of Schedule 2 to the AG Act respectively to update the references to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
22. Items 11 and 15 of Schedule 1 amend paragraphs 6(5)(b) of Schedule 1 and 5(5)(b) of Schedule 2 to the AG Act respectively to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Australian Crime Commission Act 2002 ( ACC Act )
Items 17, 18, 20 and 21 - Introduction of ARIA
23. Items 17 and 20 of Schedule 1 amend subsections 44(4) and 46H(3) of the ACC Act respectively to update the references to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
24. Items 18 and 21 of Schedule 1 amend subsections 44(5) and 46H(4) of the ACC Act respectively to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Items 19 and 22 - Invalidity retirement of PSSAP members
25. Subsection 44(1) of the ACC Act allows the Governor-General to terminate the appointment of the Chief Executive Officer of the Australian Crime Commission because of physical or mental incapacity. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 44(6) of the ACC Act inserted by item 19 of Schedule 1 .
26. Subsection 46H(1) of the ACC Act allows the Governor-General to terminate the appointment of an examiner of the Australian Crime Commission because of physical or mental incapacity. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 46H(5) of the ACC Act inserted by item 22 of Schedule 1 .
Australian Federal Police Act 1979 ( AFP Act )
Items 23 and 26 - Invalidity retirement of PSSAP members
27. Subsection 32(1) of the AFP Act allows the Commissioner of Police to retire an Australian Federal Police employee because of physical or mental incapacity. Subsection 32(3) of the AFP Act provides that AFP employees whose engagement ends and who are not re-engaged for a further period solely due to physical or mental incapacity are taken to be retired under section 32, for the purposes of the 1976 Act and the 1990 Act, at the end of their engagement period. Item 23 of Schedule 1 amends subsection 32(3) of the AFP Act so that it also applies for the purposes of 2005 Act.
28. However, section 43 of the 2005 Act requires a certificate to first be received from ARIA before certain PSSAP contributory members may be retired on the grounds of invalidity. This is acknowledged in the new subsection 32(6) of the AFP Act inserted by item 26 of Schedule 1 .
Items 24, 25, 27 and 28 - Introduction of ARIA
29. Items 24 and 27 of Schedule 1 amend subsection 32(4) and subparagraph (a)(i) of the definition of "superannuation authority" in section 41 of the AFP Act respectively to update the references to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
30. Items 25 and 28 of Schedule 1 amend subsection 32(5) and paragraph (ab) of the definition of "superannuation authority" in section 41 of the AFP Act respectively to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Australian Film Commission Act 1975 ( AFC Act )
Items 29 and 30 - Introduction of ARIA
31. Item 29 of Schedule 1 amends subsection 28H(3) of the AFC Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
32. Item 30 of Schedule 1 amends subsection 28H(4) of the AFC Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Item 31 - Invalidity retirement of PSSAP members
33. Subsection 28H(1) of the AFC Act allows the Minister to terminate the appointment of the Chief Executive Officer of the Australian Film Commission because of physical or mental incapacity. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 28H(5) of the AFC Act inserted by item 31 of Schedule 1 .
Australian Prudential Regulation Authority Act 1998 ( APRA Act )
Items 32 and 33 - Introduction of ARIA
34. Item 32 of Schedule 1 amends subsection 25(3) of the APRA Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
35. Item 33 of Schedule 1 amends subsection 25(4) of the AFC Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Item 34 - Invalidity retirement of PSSAP members
36. Paragraph 25(2)(a) of the APRA Act allows the Governor-General to terminate the appointment of an Australian Prudential Regulation Authority member because of physical or mental incapacity. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 25(5) of the APRA Act inserted by item 34 of Schedule 1 .
Australian Radiation Protection and Nuclear Safety Act 1998 ( ARPANS Act )
Items 35 and 38 - Invalidity retirement of PSSAP members
37. Item 35 of Schedule 1 inserts paragraph 51(3)(c) in the ARPANS Act to allow the Governor-General to retire a CEO of the Australian Radiation Protection and Nuclear Safety Agency who is a PSSAP contributory member, on the ground of incapacity if the CEO agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 51(6) of the ARPANS Act inserted by item 38 of Schedule 1 .
Items 36 and 37 - Introduction of ARIA
38. Item 36 of Schedule 1 amends paragraph 51(4)(b) of the ARPANS Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
39. Item 37 of Schedule 1 amends paragraph 51(5)(b) of the ARPANS Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Australian Securities and Investments Commission Act 2001 ( ASIC Act )
Items 39 and 42 - Invalidity retirement of PSSAP members
40. Item 39 of Schedule 1 inserts paragraph 111(2)(c) in the ASIC Act to allow the Governor-General to retire a full-time member of the Australian Securities and Investments Commission who is a PSSAP contributory member, on the ground of incapacity if the member agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 111(5) of the ASIC Act inserted by item 42 of Schedule 1 .
Items 40 and 41 - Introduction of ARIA
41. Item 40 of Schedule 1 amends subsection 111(3) of the ASIC Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
42. Item 41 of Schedule 1 amends subsection 111(4) of the ASIC Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Building and Construction Industry Improvement Act 2005 ( BCII Act )
Items 43 and 46 - Invalidity retirement of PSSAP members
43. Subsection 24(2) of the BCII Act allows the Minister to terminate the appointment of an Australian Building and Construction Commissioner or Deputy Commissioner because of physical or mental incapacity. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 24(5) of the BCII Act as inserted by item 46 of Schedule 1 .
44. Item 43 of Schedule 1 makes a consequential amendment to subsection 24(2) of the BCII Act to ensure that it is subject to the new subsection 24(5).
Items 44 and 45 - Introduction of ARIA
45. Item 44 of Schedule 1 amends subsection 24(3) of the BCII Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
46. Item 45 of Schedule 1 amends subsection 24(4) of the BCII Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Classification ( Publications, Films and Computer Games ) Act 1995 ( Classification Act )
Items 47, 50, 51 and 54 - Invalidity retirement of PSSAP members
47. Item 47 of Schedule 1 inserts paragraph 65(3)(c) in the Classification Act to allow the Governor-General to retire a member of the Classification Board who is a PSSAP contributory member, on the ground of incapacity if the member agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 65(5A) of the Classification Act inserted by item 50 of Schedule 1 .
48. Item 51 of Schedule 1 inserts paragraph 83(3)(c) in the Classification Act to allow the Governor-General to retire a member of the Classification Review Board who is a PSSAP contributory member, on the ground of incapacity if the member agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 83(6) of the Classification Act inserted by item 54 of Schedule 1 .
Items 48, 49, 52, and 53 - Introduction of ARIA
49. Items 48 and 52 of Schedule 1 amend subsections 65(4) and 83(4) of the Classification Act respectively to update the references to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
50. Items 49 and 53 of Schedule 1 amend subsections 65(5) and 83(5) of the Classification Act respectively to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Crimes ( Superannuation Benefits ) Act 1989 ( CSB Act )
Items 55 and 56 - Introduction of ARIA
51. Item 55 of Schedule 1 amends subparagraph (a)(i) of the definition of "superannuation authority" in subsection 2(1) of the CSB Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
52. Item 56 of Schedule 1 amends paragraph (ab) of the definition of "superannuation authority" in subsection 2(1) of the CSB Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Defence Force Retirement and Death Benefits Act 1973 ( DFRDB Act )
Item 57 - Introduction of ARIA
53. Item 57 of Schedule 1 amends the definition of "Board" in subsection 3(1) of the DFRDB Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Director of Public Prosecutions Act 1983 ( DPP Act )
Items 58 and 59 - Introduction of ARIA
54. Item 58 of Schedule 1 amends subsection 23(3) of the DPP Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
55. Item 59 of Schedule 1 amends subsection 23(4) of the DPP Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Item 60 - Invalidity retirement of PSSAP members
56. Subsection 23(1) of the DPP Act allows the Governor-General to terminate the appointment of the Director of Public Prosecutions or the Associate Director of Public Prosecutions because of physical or mental incapacity. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 25(5) of the DPP Act inserted by item 60 of Schedule 1 .
Family Law Act 1975 ( FL Act )
Items 61 and 64 - Invalidity retirement of PSSAP members
57. Item 61 of Schedule 1 inserts paragraph 38K(3)(c) in the FL Act to allow the Governor-General to retire a Chief Executive Officer of the Family Court who is a PSSAP contributory member, on the ground of incapacity if the Chief Executive Officer agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 38K(6) of the FL Act inserted by item 64 of Schedule 1 .
Items 62 and 63 - Introduction of ARIA
58. Item 62 of Schedule 1 amends subsection 38K(4) of the FL Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
59. Item 63 of Schedule 1 amends subsection 38K(5) of the FL Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Federal Court of Australia Act 1976 ( FCA Act )
Items 65, 68, 69 and 72 - Invalidity retirement of PSSAP members
60. Item 65 of Schedule 1 inserts paragraph 18K(3)(c) in the FCA Act to allow the Governor-General to retire a Registrar of the Federal Court of Australia who is a PSSAP contributory member, on the ground of incapacity if the Registrar agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 18K(6) of the FCA Act inserted by item 68 of Schedule 1 .
61. Item 69 of Schedule 1 inserts paragraph 37I(2)(c) in the FCA Act to allow the Governor-General to retire an assessor who is a PSSAP contributory member, on the ground of incapacity if the assessor agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 37I(5) of the FCA Act inserted by item 72 of Schedule 1 .
Items 66, 67, 70 and 71 - Introduction of ARIA
62. Items 66 and 70 of Schedule 1 amend subsections 18K(4) and 37I(3) of the FCA Act respectively to update the references to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
63. Items 67 and 71 of Schedule 1 amend subsections 18K(5) and 37I(4) of the FCA Act respectively to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Gene Technology Act 2000 ( GT Act )
Items 73 and 76 - Invalidity retirement of PSSAP members
64. Item 73 of Schedule 1 inserts paragraph 119(4)(c) in the GT Act to allow the Governor-General to retire a Gene Technology Regulator who is a PSSAP contributory member, on the ground of incapacity if the Regulator agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 119(7) of the GT Act inserted by item 76 of Schedule 1 .
Items 74 and 75 - Introduction of ARIA
65. Item 74 of Schedule 1 amends paragraph 119(5)(b) of the GT Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
66. Item 75 of Schedule 1 amends subsection 119(6)(b) of the GT Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Inspector - General of Taxation Act 2003 ( IGT Act )
Items 77 and 80 - Invalidity retirement of PSSAP members
67. Subsection 35(2) of the IGT Act allows the Governor-General to terminate the appointment of Inspector-General of Taxation because of physical or mental incapacity. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 35(5) of the IGT Act as inserted by item 80 of Schedule 1 .
68. Item 77 of Schedule 1 makes a consequential amendment to subsection 35(2) of the IGT Act to ensure that it is subject to the new subsection 35(5).
Items 78 and 79 - Introduction of ARIA
69. Item 78 of Schedule 1 amends subsection 35(3) of the IGT Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
70. Item 79 of Schedule 1 amends subsection 35(4) of the IGT Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Intelligence Services Act 2001 ( IS Act )
Item 81 - Invalidity retirement of PSSAP members
71. Item 81 of Schedule 1 inserts paragraph 23(3)(c) in the IS Act to allow the Governor-General to retire a Director-General of the Australian Secret Intelligence Service who is a PSSAP contributory member, on the ground of incapacity if the Director-General agrees. However, before the member may be retired a certificate must be received from ARIA in accordance with section 43 of the 2005 Act.
Law Officers Act 1964 ( LO Act )
Items 82 to 85 - Election to cease PSSAP membership
72. Section 14 of the LO Act allows the Solicitor-General the option of remaining in the CSS or the PSS if they had been a member of either of these schemes immediately before being appointed as the Solicitor-General. Alternatively, the Solicitor-General may elect to cease membership of the CSS or the PSS and have the Judges' Pensions Act 1968 apply to him or her. Items 82 to 85 of Schedule 1 extend these provisions to a Solicitor-General who was a PSSAP member immediately before appointment.
73. Item 82 of Schedule 1 amends subparagraph 14(1)(a)(ii) of the LO Act to make a technical change consequential to the new subparagraph 14(1)(a)(iii) inserted by item 83 of Schedule 1 .
74. Item 83 of Schedule 1 amends paragraph 14(1)(a) of the LO Act to insert a new subparagraph (iii) allowing the Solicitor-General to remain a PSSAP contributory member if he or she was such a member immediately before being appointed.
75. Item 84 of Schedule 1 amends subsection 14(2) of the LO Act to insert a new paragraph (c) allowing the Solicitor-General to elect to cease to be a contributory member of the PSSAP.
76. Item 85 of Schedule 1 amends paragraph 14(2B)(b) of the LO Act to insert a new subparagraph (iii) as a consequence of allowing the Solicitor-General an election under the new paragraph 14(2)(c). Subsection 14(2B) of the LO Act sets out the consequences of the Solicitor-General making an election under subsection 14(2).
National Blood Authority Act 2003 ( NBA Act )
Items 86 and 89 - Invalidity retirement of PSSAP members
77. Item 86 of Schedule 1 inserts paragraph 35(3)(c) in the NBA Act to allow the Minister to retire a General Manager of the National Blood Authority who is a PSSAP contributory member, on the ground of incapacity if the General Manager agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 35(6) of the NBA Act inserted by item 89 of Schedule 1 .
Items 87 and 88 - Introduction of ARIA
78. Item 87 of Schedule 1 amends paragraph 35(4)(b) of the NBA Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
79. Item 88 of Schedule 1 amends paragraph 35(5)(b) of the NBA Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Native Title Act 1993 ( NT Act )
Items 90, 93, 94 and 97 - Invalidity retirement of PSSAP members
80. Item 90 of Schedule 1 inserts paragraph 104(3)(c) in the NT Act to allow the Governor-General to retire a Native Title Registrar who is a PSSAP contributory member, on the ground of incapacity if the Registrar agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 104(6) of the NT Act inserted by item 93 of Schedule 1 .
81. Item 94 of Schedule 1 inserts paragraph 119(3)(c) in the NT Act to allow the Governor-General to retire a member of the National Native Title Tribunal, other than a Judge or an assessor, who is a PSSAP contributory member, on the ground of incapacity if the member agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 119(6) of the NT Act inserted by item 97 of Schedule 1 .
Items 91, 92, 95 and 96 - Introduction of ARIA
82. Items 91 and 95 of Schedule 1 amend subsections 104(4) and 119(4) of the NT Act respectively to update the references to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
83. Items 92 and 96 of Schedule 1 amend subsections 104(5) and 119(5) of the NT Act respectively to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Ombudsman Act 1976 ( Ombudsman Act )
Items 98 and 101 - Invalidity retirement of PSSAP members
84. Item 98 of Schedule 1 inserts a new subsection 28A(5) in the Ombudsman Act to deem an Ombudsman who is removed from office following suspension on the ground of physical or mental incapacity under section 28 of that Act to have been retired on the ground of invalidity, for the purposes of the 2005 Act. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 28A(6) of the Ombudsman Act also inserted by item 98 of Schedule 1 .
85. Subsection 28(1) of the Ombudsman Act allows the Governor-General to remove an Ombudsman from office because of physical or mental incapacity in certain circumstances. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 28B(3) of the Ombudsman Act inserted by item 101 of Schedule 1 .
Items 99 and 100 - Introduction of ARIA
86. Item 99 of Schedule 1 amends subsection 28B(1) of the Ombudsman Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
87. Item 100 of Schedule 1 amends subsection 28B(2) of the Ombudsman Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Parliamentary Contributory Superannuation Act 1948 ( PCS Act )
Items 102 to 104 - Introduction of ARIA
88. Items 102 to 104 of Schedule 1 amend subsections 16A(1) and 22Q(5) of the PCS Act to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Productivity Commission Act 1998 ( PC Act )
Items 105 and 108 - Invalidity retirement of PSSAP members
89. Item 105 of Schedule 1 inserts a new subsection 36(5) in the PC Act to deem a Commissioner or Associate Commissioner who is a PSSAP contributory member who is removed from office on the ground of physical or mental incapacity under section 35 of that Act to have been retired on the ground of invalidity, for the purposes of the 2005 Act on the day of the removal. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 36(6) of the PC Act also inserted by item 105 of Schedule 1 .
90. Sections 34 and 35 of the PC Act contain provisions relating to the retirement and termination of appointment of a Commissioner or an Associate Commissioner because of physical or mental incapacity. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 37(3) of the PC Act inserted by item 108 of Schedule 1 .
Items 106 and 107 - Introduction of ARIA
91. Item 106 of Schedule 1 amends subsection 37(1) of the PC Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
92. Item 107 of Schedule 1 amends subsection 37(2) of the PC Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Renewable Energy ( Electricity ) Act 2000 ( REE Act )
Items 109 and 112 - Invalidity retirement of PSSAP members
93. Item 109 of Schedule 1 inserts paragraph 147(4)(c) in the REE Act to allow the Minister to retire a Renewable Energy Regulator who is a PSSAP contributory member, on the ground of incapacity if the Regulator agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 147(7) of the REE Act inserted by item 112 of Schedule 1 .
Items 110 and 111 - Introduction of ARIA
94. Item 110 of Schedule 1 amends paragraph 147(5)(b) of the REE Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
95. Item 111 of Schedule 1 amends paragraph 147(6)(b) of the REE Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Social Security ( Administration ) Act 1999 ( SSA Act )
Items 113 and 116 - Invalidity retirement of PSSAP members
96. Item 113 of Schedule 1 inserts paragraph 17(6)(c) in Schedule 3 to the SSA Act to allow the Governor-General to retire a member of the Social Security Appeals Tribunal who is a PSSAP contributory member, on the ground of incapacity if the member agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subclause 17(11) of Schedule 3 to the SSA Act inserted by item 116 of Schedule 1 .
Items 114 and 115 - Introduction of ARIA
97. Item 114 of Schedule 1 amends subclause 17(9) of Schedule 3 to the SSA Act to update the reference to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
98. Item 115 of Schedule 1 amends subclause 17(10) of Schedule 3 to the SSA Act to update the reference to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Superannuation ( Consequential Amendments ) Act 2005 ( SCA Act )
Items 117 to 121 - Introduction of ARIA
99. Items 117 to 121 of Schedule 1 amend item 3 of the SCA Act to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Veterans' Entitlements Act 1986 ( VE Act )
Items 122, 125, 126 and 129 - Invalidity retirement of PSSAP members
100. Item 122 of Schedule 1 inserts paragraph 164(6)(c) in the VE Act to allow the Governor-General to retire a member of the Veterans' Review Board who is a PSSAP contributory member, on the ground of incapacity if the member agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 164(10) of the VE Act inserted by item 125 of Schedule 1 .
101. Item 126 of Schedule 1 inserts paragraph 188(7)(c) in the VE Act to allow the Governor-General to retire a commissioner of the Repatriation Commission who is a PSSAP contributory member, on the ground of incapacity if the commissioner agrees. However, a certificate must first be received from ARIA in accordance with section 43 of the 2005 Act. This is acknowledged in the new subsection 188(11) of the VE Act inserted by item 129 of Schedule 1 .
Items 123, 124, 127 and 128 - Introduction of ARIA
102. Items 123 and 127 of Schedule 1 amend subsections 164(8) and 188(9) of the VE Act respectively to update the references to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
103. Items 124 and 128 of Schedule 1 amend subsections 164(9) and 188(10) of the VE Act respectively to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Workplace Relations Act 1996 ( WR Act )
Items 130 to 135 - Introduction of ARIA
104. Items 130, 132 and 134 of Schedule 1 amend subsections 35(3), 43(3) and 56(4) of the WR Act respectively to update the references to the trustee Board for the CSS. Since 1 July 2006 ARIA has been the trustee for the CSS. ARIA is the "Board" as defined in the 1976 Act.
105. Items 131, 133 and 135 of Schedule 1 amend subsections 35(4), 43(4) and 56(5) of the WR Act respectively to update the references to the trustee Board for the PSS. On 1 July 2006 the Board was renamed as ARIA. ARIA is the "Board" as defined in the 1990 Act.
Items 136 to 139 - Election to cease PSSAP membership
106. Section 80 of the WR Act allows a Presidential Member the option of remaining in the CSS or the PSS if they had been a member of either of these schemes immediately before being appointed as a Presidential Member. Alternatively, a Presidential Member may elect to cease membership of the CSS or the PSS and have the Judges' Pensions Act 1968 apply to him or her. Items 136 to 139 of Schedule 1 extend these provisions to a Presidential Member who was a PSSAP member immediately before appointment.
107. Item 136 of Schedule 1 amends subparagraph 80(1)(a)(ii) of the WR Act to make a technical change consequential to the new subparagraph 80(1)(a)(iii) inserted by item 137 of Schedule 1 .
108. Item 137 of Schedule 1 amends paragraph 80(1)(a) of the WR Act to insert a new subparagraph (iii) allowing a Presidential Member to remain a PSSAP contributory member if he or she was such a member immediately before being appointed.
109. Item 138 of Schedule 1 amends subsection 80(2) of the WR Act to insert a new paragraph (c) allowing a Presidential Member to elect to cease to be a contributory member of the PSSAP.
110. Item 139 of Schedule 1 amends paragraph 80(4)(b) of the WR Act to insert a new subparagraph (iii) as a consequence of allowing a Presidential Member an election under the new paragraph 80(2)(c). Subsection 80(4) of the WR Act sets out the consequences of a Presidential Member making an election under subsection 80(2).
Item 140 - Meaning of "relevant law"
111. Item 140 of Schedule 1 amends the definition of "relevant law" in section 116 of the WR Act to exclude the 2005 Act.