Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS—SUPERANNUATION) BILL 2008

A message from the House of Representatives was reported as follows:

 Message no. 213, dated 25 November 2008—Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill 2008, agreeing to amendments nos 2, 3 and 4 made by the Senate, disagreeing to amendment no. 1 and making amendments in place of that amendment.

Ordered, on the motion of the Minister for Superannuation and Corporate Law (Senator Sherry), that the message be considered in committee of the whole immediately.

In the committee


SCHEDULE OF THE AMENDMENT MADE BY THE SENATE TO WHICH THE

HOUSE OF REPRESENTATIVES HAS DISAGREED

 (1) Clause 2, page 2, omit the table, substitute:

Commencement information

Column 1Column 2Column 3

Provision(s)CommencementDate/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this tableThe day on which this Act receives the Royal Assent.

2. Schedule 11 July 2008.1 July 2008

3. Schedules 2 and 31 July 2008.1 July 2008

4. Schedule 41 July 2008.1 July 2008

5. Schedule 51 July 2008.1 July 2008

SCHEDULE OF THE FURTHER AMENDMENTS

MADE BY THE HOUSE OF REPRESENTATIVES

 (1) Clause 2, page 2 (table item 1, column 1), omit "3", substitute "4".

 (2) Clause 2, page 2 (table item 3), omit the table item, substitute:

3. Schedule 2, Part 1The day on which this Act receives the Royal Assent.

3A. Schedule 2, Part 2At the same time as the provision(s) covered by table item 2.

3B. Schedule 2, Part 3The day on which this Act receives the Royal Assent.

3C. Schedule 3At the same time as the provision(s) covered by table item 2.

(3) Clause 2, page 2 (table item 4), omit the table item, substitute:

4. Schedule 4, Parts 1 and 21 July 2008.

1 July 2008

4A. Schedule 4, Part 3The day on which this Act receives the Royal Assent.

(4) Page 2 (after line 11), after clause 3, insert:

 

4 Entitlements from 1 July 2008

  (1) If:

 (a) a person would have been entitled to one or more payments (the lost payments) under an Act that is amended by Schedule 1, 2, 3 or 5 to this Act if the relevant Schedule had commenced on 1 July 2008; and


 (b) because the Schedule did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and

 (c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;

   the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.

  (2) If:

 (a) a person would have been entitled to one or more payments (the lost payments) under the Military Superannuation and Benefits Act 1991 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1 July 2008; and

 (b) because that amendment did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and

 (c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;

   the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.

  (3) If:

 (a) a person would have been entitled to one or more payments (the lost payments) under the Superannuation Act 1990 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1 July 2008; and

 (b) because that amendment did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and

 (c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;

   the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.

  (4) A determination by the Finance Minister under this subsection must:

 (a) be in writing; and

 (b) set out:

 (i) the amount and timing of the replacement payments; or

 (ii) the method of determining the amount and timing of the replacement payments.

  (5) An application must be in writing in the form approved by the Finance Minister.

  (6) To avoid doubt, a determination of the Finance Minister that a person is entitled to one or more replacement payments does not affect the entitlements of any other person under an Act amended by Schedule 1, 2, 3 or 5 to this Act, the Military Superannuation and Benefits Act 1991 or the Superannuation Act 1990.

  (7) Replacement payments are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.


  (8) A determination made under this section is not a legislative instrument.

  (9) In this section:

   Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997 .

Senator Sherry moved—That the committee does not insist on its amendment to which the House of Representatives has disagreed and agrees to the amendments made by the House in place of that amendment.

Debate ensued.

Question put and passed.

Resolution to be reported.

The Acting Deputy President (Senator Carol Brown) resumed the chair and the Temporary Chair of Committees reported that the committee had considered message no. 213 from the House of Representatives relating to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill 2008 and had resolved not to insist on the amendment made by the Senate to which the House had disagreed and had agreed to the amendments made in place of that amendment.

On the motion of Senator Sherry the report from the committee was adopted.