1999

THE PARLIAMENT OF THE COMMONWEALTH
OF AUSTRALIA

HOUSE OF REPRESENTATIVES

STATUTE STOCKTAKE BILL 1999

SUPPLEMENTARY
EXPLANATORY MEMORANDUM

Amendments and New Clauses to be Moved on Behalf of the Government

(Circulated by authority of the
Attorney-General,
the Honourable Daryl Williams AM QC MP)

ISBN:  0642 403341

STATUTE STOCKTAKE BILL 1999 
OUTLINE
I.	The purpose of the amendments to the Statute Stocktake Bill is to:
•	preserve the effect of arrangements entered into under the Commonwealth Legal Aid Act 1977; and 
•	ensure the existing rights of persons who are members of the Commonwealth Superannuation Scheme established by the Superannuation Act 1976 
after the repeal of the Commonwealth Legal Aid Act 1977.
FINANCIAL IMPACT
I.	The amendments will have no financial impact.

NOTES ON CLAUSES
Clause 1—
II.	Clause 1 provides for a saving provision to be inserted in Schedule 1 of the Statute Stocktake Bill to ensure that obligations on State and Territory Governments to make payments to the Commonwealth under arrangements for payment of employer superannuation liabilities entered into under the Commonwealth Legal Aid Act 1977 do not cease on repeal of the Act.   
Clause 2—
III.	Clause 2 provides for the omission of amendments to Paragraph 244(2B)(b) of the Superannuation Act 1976  and insertion of a new section 3AA in that Act in Schedule 2 of the Bill.  
IV.	The new section provides that the Superannuation Act 1976 is to apply as if the Commonwealth Legal Aid Act 1977 had not been repealed and any arrangements entered into under that Act continue to apply.  
V.	The new section will ensure that the rights of persons who as a result of the application of provisions of the Commonwealth Legal Aid Act 1977 are entitled to be members of the Commonwealth Superannuation Scheme established by the Superannuation Act 1976, are not affected by repeal of the Commonwealth Legal Aid Act.