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Superannuation Legislation (Commonwealth Employment—Saving and Transitional Provisions) Bill 1998

Part 2 Provisions consequential on amendments of the Superannuation Act 1976 made by Part 1 of Schedule 1 to the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 199 8

   

4   Transitional provision consequential on vesting of assets and liabilities in Commonwealth Superannuation Board

             (1)  This section applies in relation to assets that vest in, or liabilities that become liabilities of, the Commonwealth Superannuation Board under section 40A of the Superannuation Act 1976 .

             (2)  All proceedings relating to those assets or liabilities that were begun before 1 July 1998 by or against the CSS Board and were pending immediately before that date are taken to be proceedings pending by or against the Commonwealth Superannuation Board.

             (3)  Any act, matter or thing done or omitted to be done in relation to those assets or liabilities before 1 July 1998 by, to or in respect of the CSS Board is (to the extent that the act, matter or thing has any effect) taken to have been done or omitted by, to or in respect of the Commonwealth Superannuation Board.

             (4)  A reference in any Act, in any instrument made under any Act or in any document of any kind to the CSS Board is, to the extent that it relates to any of those assets or liabilities, taken to be, or to include, a reference to the Commonwealth Superannuation Board.

5   Transfers of land may be registered

             (1)  This section applies if:

                     (a)  any right, title or interest in particular land vests in the Commonwealth Superannuation Board under subsection 40A(2) of the Superannuation Act 1976 ; and

                     (b)  there is lodged with a land registration official a certificate that:

                              (i)  is signed by the Minister or by a person authorised under subsection (4); and

                             (ii)  identifies the land, whether by reference to a map or otherwise; and

                            (iii)  states that the right, title or interest has become vested in the Commonwealth Superannuation Board under subsection 40A(2) of the Superannuation Act 1976 .

             (2)  The land registration official may:

                     (a)  register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and

                     (b)  deal with, and give effect to, the certificate.

             (3)  A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.

             (4)  The Minister may, by writing, authorise a person to sign certificates under subsection (1).

             (5)  The Lands Acquisition Act 1989 does not apply in relation to anything done under this section.

             (6)  In this section:

land registration official , in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.

6   Certificates in relation to assets other than land

             (1)  This section applies if:

                     (a)  an asset other than land vests in the Commonwealth Superannuation Board under subsection 40A(2) of the Superannuation Act 1976 ; and

                     (b)  there is lodged with an assets official a certificate that:

                              (i)  is signed by the Minister or by a person authorised under subsection (4) of this section; and

                             (ii)  identifies the asset; and

                            (iii)  states that the asset has become vested in the Commonwealth Superannuation Board under subsection 40A(2) of that Act.

             (2)  The assets official may:

                     (a)  deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

                     (b)  make such entries in the register as are necessary having regard to the effect of subsection 40A(2) of the Superannuation Act 1976 .

             (3)  A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.

             (4)  The Minister may, by writing, appoint a person to sign certificates under subsection (1).

             (5)  In this section:

assets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.

7   Transitional provision relating to annual report and financial statements of CSS Board

                   Despite the repeals of sections 161, 161A and 162 of the Superannuation Act 1976 effected by Part 1 of Schedule 1 to the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 1998 , those sections continue to apply in respect of financial years that began before the repeal of those sections, but:

                     (a)  the Commonwealth Superannuation Board is to perform any obligations under those sections of the CSS Board or Commissioner for Superannuation referred to in those sections; and

                     (b)  the reference in section 161 of the Superannuation Act 1976 to the performance of the functions of the CSS Board during a financial year includes a reference to the doing of anything that is taken, by section 7 of this Act, to have been done under that Act during that financial year by the Commonwealth Superannuation Board.

8   Saving of modifications in force under section 14A of the Superannuation Act 1976

                   Despite the repeal of section 14A of the Superannuation Act 1976 effected by Part 1 of Schedule 1 to the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 1998 , the modifications of the Superannuation Act 1976 made by regulations in force under subsection (3) of that section immediately before the repeal continue to apply in relation to people to whom those modifications applied at that time.

9   Saving of pending applications to Administrative Appeals Tribunal

                   If:

                     (a)  an application to the Administrative Appeals Tribunal for a review of a decision was made under subsection 154(6) of the Superannuation Act 1976 before the repeal of section 154 that was effected by Part 1 of Schedule 1 to the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 1998 ; and

                     (b)  the application had not been determined by the Tribunal before that section was repealed;

the following paragraphs have effect:

                     (c)  the Tribunal may continue to hear and determine the application as if that section had not been repealed; and

                     (d)  if the Tribunal varies the decision or sets aside the decision and substitutes a different decision, the decision as varied, or the substituted decision, as the case may be, is taken to be a decision of the Commonwealth Superannuation Board.

10   Things done by or in relation to former authorities to be treated as having been done by or in relation to Commonwealth Superannuation Board

             (1)  Any determination, declaration, decision or payment made, any direction, approval or notice given, any contract or arrangement entered into, any report or statement furnished, or any other thing done, under or for the purposes of the Superannuation Act 1976 or the regulations in force under that Act, at a time (the relevant time ) before the commencement of this Part, by:

                     (a)  the CSS Board that existed under section 27A of that Act as in force at the relevant time; or

                     (b)  the Commissioner for Superannuation referred to in Part II of that Act as so in force; or

                     (c)  a delegate of that Board or of the Commissioner;

is taken, for all purposes, to have been made, given, entered into, furnished or done by the Commonwealth Superannuation Board as if that Board had been in existence at the relevant time.

             (2)  Any payment made, any notice given, or any other thing done, under or for the purposes of the Superannuation Act 1976 or the regulations in force under that Act, at a time (the relevant time ) before the commencement of this Part, to or in respect of:

                     (a)  the CSS Board that existed under section 27A of that Act as in force at the relevant time; or

                     (b)  the Commissioner for Superannuation referred to in Part II of that Act as so in force; or

                     (c)  a delegate of that Board or of the Commissioner;

is taken, for all purposes, to have been made, given or done to or in respect of the Commonwealth Superannuation Board as if that Board had been in existence at the relevant time.