Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1)1

Select Legislative Instrument 2011 No. 131

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976, the Superannuation Act 1990 and the Papua New Guinea (Staffing Assistance) Act 1973.

Dated 30 June 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

PENELOPE YING YEN WONG

Minister for Finance and Deregulation

Contents

 1 Name of Regulations 

 2 Commencement 

 3 Amendment of Superannuation (Cost of Administration) Regulations             

 4 Amendment of Superannuation (CSS) Deferred Benefits Regulations             

 5 Amendment of Superannuation (CSS) (Superannuation Guarantee) Regulations 2008

 6 Amendment of Superannuation (CSS) Fees Regulations 

 7 Amendment of Superannuation (PSS) Fees Regulations 

 8 Amendment of Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973

 9 Amendment of Superannuation (CSS) Former Eligible Employees Regulations             

 10 Amendment of Superannuation (CSS) Salary Regulations 1978

 11 Amendment of Superannuation (CSS) Former Provident Account Contributors Regulations             

 12 Superannuation (CSS) (Liability to Taxation) Regulations 2000 — repeal             

 13 Superannuation (CSS) Unclaimed Money Regulations — repeal             

 14 Superannuation (PSS) (Liability to Taxation) Regulations 2000 — repeal             

Schedule 1 Amendments of Superannuation (Cost of Administration) Regulations             

Schedule 2 Amendments of Superannuation (CSS) Deferred Benefits Regulations             

Schedule 3 Amendment of Superannuation (CSS) (Superannuation Guarantee) Regulations 2008

Schedule 4 Amendments of Superannuation (CSS) Fees Regulations             

Schedule 5 Amendments of Superannuation (PSS) Fees Regulations             

Schedule 6 Amendment of Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973

Schedule 7 Amendments of Superannuation (CSS) Former Eligible Employees Regulations             

1 Name of Regulations

  These Regulations are the Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1).

2 Commencement

  These Regulations commence on the commencement of the Governance of Australian Government Superannuation Schemes Act 2011.

3 Amendment of Superannuation (Cost of Administration) Regulations

  Schedule 1 amends the Superannuation (Cost of Administration) Regulations.

4 Amendment of Superannuation (CSS) Deferred Benefits Regulations 

  Schedule 2 amends the Superannuation (CSS) Deferred Benefits Regulations.

5 Amendment of Superannuation (CSS) (Superannuation Guarantee) Regulations 2008

  Schedule 3 amends the Superannuation (CSS) (Superannuation Guarantee) Regulations 2008.

6 Amendment of Superannuation (CSS) Fees Regulations 

  Schedule 4 amends the Superannuation (CSS) Fees Regulations.

7 Amendment of Superannuation (PSS) Fees Regulations 

  Schedule 5 amends the Superannuation (PSS) Fees Regulations.

8 Amendment of Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973

 (1) Schedule 6 amends the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973.

 (2) Despite the repeal of regulation 8B of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973 by Schedule 6, a request may be made to the Commonwealth Superannuation Corporation, on or after the day on which these Regulations commence, for reconsideration of a decision of the Commissioner for Superannuation that was made before that day as if:

 (a) the regulation had not been repealed; and

 (b) the references in subregulation 8B (2) to the Commissioner (other than the first reference) were references to the Commonwealth Superannuation Corporation; and

 (c) the references in subregulations 8B (4) and (5) to the Commissioner were references to the Commonwealth Superannuation Corporation.

Note   Subregulation 8B (2), as affected by this subregulation, specifies time limits within which requests may be made.

 (3) Despite the repeal of regulation 8B of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973 by Schedule 6, an application may be made to the Administrative Appeals Tribunal, on or after the day on which these Regulations commence, for review of a decision of the Commissioner for Superannuation that was made before that day as if the regulation had not been repealed.

Note   The Administrative Appeals Tribunal Act 1975 specifies time limits within which applications may be made.

9 Amendment of Superannuation (CSS) Former Eligible Employees Regulations

  Schedule 7 amends the Superannuation (CSS) Former Eligible Employees Regulations.

10 Amendment of Superannuation (CSS) Salary Regulations 1978

  Schedule 8 amends the Superannuation (CSS) Salary Regulations 1978.

11 Amendment of Superannuation (CSS) Former Provident Account Contributors Regulations

  Schedule 9 amends the Superannuation (CSS) Former Provident Account Contributors Regulations.

12 Superannuation (CSS) (Liability to Taxation) Regulations 2000 — repeal

  Statutory Rules 2000 No. 154 are repealed.

13 Superannuation (CSS) Unclaimed Money Regulations — repeal

  Statutory Rules 1997 No. 99 are repealed.

14 Superannuation (PSS) (Liability to Taxation) Regulations 2000 — repeal

  Statutory Rules 2000 No. 155 are repealed.

Schedule 1 Amendments of Superannuation (Cost of Administration) Regulations

(regulation 3)

[1] Regulation 1

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1 Name of Regulations

  These Regulations are the Superannuation (Cost of Administration) Regulations 1980.

[2] Regulation 3

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Schedule 2 Amendments of Superannuation (CSS) Deferred Benefits Regulations

(regulation 4)

[1] Regulation 1

substitute

1 Name of Regulations

  These Regulations are the Superannuation (CSS) Deferred Benefits Regulations 1979.

[2] Regulation 4

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Schedule 3 Amendment of Superannuation (CSS) (Superannuation Guarantee) Regulations 2008

(regulation 5)

[1] Subregulation 5 (3)

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[2] Subregulation 5 (4)

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[3] Subregulation 5 (5)

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Schedule 4 Amendments of Superannuation (CSS) Fees Regulations

(regulation 6)

[1] Regulation 1

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1 Name of Regulations

  These Regulations are the Superannuation (CSS) Fees Regulations 1993.

[2] Subregulation 3 (2)

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[3] Paragraph 3 (3) (a)

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[4] Paragraph 3 (3) (c)

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Schedule 5 Amendments of Superannuation (PSS) Fees Regulations

(regulation 7)

[1] Regulation 1

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1 Name of Regulations

  These Regulations are the Superannuation (PSS) Fees Regulations 1993.

[2] Regulation 3

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Schedule 6 Amendment of Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973

(regulation 8)

[1] Regulation 8B

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Schedule 7 Amendments of Superannuation (CSS) Former Eligible Employees Regulations

(regulation 9)

[1] Regulation 1

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1 Name of Regulations [see Note 1]

  These Regulations are the Superannuation (CSS) Former Eligible Employees Regulations 1986.

[2] Subregulation 15A (2)

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[3] Subparagraph 15A (3) (d) (ii)

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[4] Subparagraph 15A (5) (c) (i)

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[5] Subparagraph 15A (5) (c) (ii)

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[6] Schedule 5, substituted Division 3 of Part IX

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[7] Schedule 5, substituted subsection 133 (3)

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[8] Schedule 10A, item 2, substituted section 110T

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[9] Schedule 10A, item 6, substituted subsection 137 (2)

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[10] Schedule 10A, item 7, substituted subsection 138 (1)

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[11] Schedule 11A, item 5, new subsection 62 (1A)

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Schedule 8 Amendments of Superannuation (CSS) Salary Regulations 1978

(regulation 10)

[1] Paragraph 12 (a)

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[2] Subparagraph 13 (2) (b) (i)

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[3] Subparagraph 13 (2) (c) (i)

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Schedule 9 Amendments of Superannuation (CSS) Former Provident Account Contributors Regulations

(regulation 11)

[1] Regulation 1

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1 Name of Regulations

  These Regulations are the Superannuation (CSS) Former Provident Account Contributors Regulations 1978.

[2] Schedule, new subparagraph 80AB (2) (b) (ii)

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[3] Schedule, new subparagraph 211 (2) (b) (ii)

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[4] Schedule, new subsection 222 (1), definition of rate of fund contribution tax

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1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.