Superannuation Acts Amendment Act 1978 (Cth)

SUPERANNUATION ACTS AMENDMENT ACT 1978

No. 17 of 1978

An Act to amend the Superannuation Act 1922, the Superannuation Act 1976 and the Superannuation Amendment Act 1976, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title 1. This Act may be cited as the Superannuation Acts Amendment Act 1978.

Commencement 2. (1) Sections 1 and 2, sub-sections 6(2) and 18(2), sections 19, 20, 21 and 22, sub-section 23(2) and sections 26, 27, 52, 61, 62, 63, 64, 65, 67, 68, 69, 70, 77, 80 and 81 shall come into operation on the day on which this Act receives the Royal Assent. (2) Sections 9, 10, 11, 12 and 13 shall be deemed to have come into operation on 8 June 1973. (3) The remaining provisions of this Act shall be deemed to have come into operation on 1 July 1976.

PART II—AMENDMENTS OF SUPERANNUATION ACT 1922

Principal Act 3. The Superannuation Act 1922 is in this Part referred to as the Principal Act.

Payments out of Consolidated Revenue Fund 4. Section 33 of the Principal Act is amended by omitting from sub-section (8) all the words after "1 July 1976" (first occurring).

Restoration of widows' or widowers' pension previously cancelled on remarriage 5. Section 48aa of the Principal Act is amended—

(a) by inserting in paragraph (b) of sub-section (1) ", having regard to such matters (if any) as are prescribed and such other matters as he considers relevant," after "the Commissioner" (last occurring); and (b) by inserting in sub-section (1) "having regard to such matters (if any) as are prescribed and such other matters as he considers relevant" after "the Commissioner" (last occurring).

Special grants of pension 6. (1) Section 48ab of the Principal Act is amended— (a) by inserting in sub-section (1) ", having regard to such matters (if any) as are prescribed and such other matters as he considers relevant," after "the Commissioner" (last occurring); (b) by inserting after sub-section (1) the following sub-sections: "(1a) If, at any time after the commencement of the Superannuation Act 1976, a pension is not payable under section 46 or 48 of this Act in respect of a person in respect of whom pension would be payable at that time under Part VI of the Superannuation Act 1976 if that Act had come into force before the death of a deceased contributor (not being a person who, if that Act had come into force before the deceased contributor had died, would, at the time of the deceased contributor's death, have been a spouse of the deceased contributor for the purposes of that Act), the Commissioner may grant, from such date as the Commissioner specifies, a pension in respect of the person under section 46 or 48 of this Act at such rate and on such conditions as the Commissioner, having regard to such matters (if any) as are prescribed and such other matters as he considers relevant, determines. "(1b) The date specified by the Commissioner under sub-section (1) or (1a) in relation to the granting of an entitlement to pension shall not, unless the Commissioner is satisfied that special circumstances exist that justify an earlier date being so specified, be a date earlier than the date of the direction, and shall not, in any event, be a date earlier than 1 July 1976."; (c) by inserting in sub-section (3) ", having regard to such matters (if any) as are prescribed and such other matters as he considers relevant," after "the Commissioner" (last occurring); (d) by inserting after sub-section (3) the following sub-sections: "(3a) The Commissioner shall not grant a pension under sub-section (1) in relation to a deceased pensioner if the granting of that pension, or the granting of that pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under this Act at that time in relation to the deceased pensioner exceeding the rate of pension to which the deceased pensioner would have been entitled under this Act at that time if he had not died. "(3b) The Commissioner shall not grant a pension under sub-section (1a) in relation to a deceased contributor if the granting of that pension, or the granting of that pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under this Act at that time in relation to the deceased contributor exceeding the rate of pension to which the deceased contributor would have been entitled under this Act at that time if he had not died but had, on the day immediately following the date of his death, become entitled to pension under section 38. (e) by omitting from sub-section (4) "of this section" (wherever occurring) and substituting "or (1a)"; and (f) by omitting from sub-section (5) "sub-section (1)" and substituting ''this section'