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AUSTRALIAN DEFENCE FORCE SUPERANNUATION ACT 2015 - NOTES

No. 119, 2015

Compilation No. 6

Compilation date: 28 September 2022

Includes amendments up to: Act No. 146, 2020

Registered: 5 October 2022

This compilation includes a commenced amendment made by Act No. 112, 2020

About this compilation

This compilation

This is a compilation of the Australian Defence Force Superannuation Act 2015 that shows the text of the law as amended and in force on 28 September 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Simplified outline

4 Definitions..................................

5 Application of Act

Part 2--The Trust Deed

6 Simplified outline of this Part

7 Trust Deed to establish the Australian Defence Force Superannuation Scheme

8 Amendment of the Trust Deed

9 Family law interest splitting

Part 3--Members of the Australian Defence Force Superannuation Scheme (ADF Super)

10 Simplified outline of this Part

11 Eligibility for membership of ADF Super

12 Becoming an ADF Super member

13 Continuous full-time Reservists whose undertakings span 30 June 2016

14 Duration of membership of ADF Super

15 ADF Super is the sole eligible choice fund in relation to certain members

16 Contributions to ADF Super by the Department

Part 4--Administration

Division 1--Simplified outline of this Part

17 Simplified outline of this Part

Division 2--Functions and powers of CSC

18 Functions and powers of CSC

Division 3--Costs of administration

19 Costs of administration of Act etc.

20 Payment of fees

Division 4--Other administrative matters

21 Amounts payable to CSC

22 Recovery of overpayments

23 CSC may rely on information supplied by the Department

24 CSC may require the Department to distribute information etc. to members of ADF Super

Part 5--Miscellaneous

25 Simplified outline of this Part

26 Persons subject to the Trust Deed

27 Termination and variation of rights by later legislation

28 Rules

29 Rules relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Australian Defence Force Superannuation Act 2015

119, 2015

10 Sept 2015

10 Sept 2015 (s 2(1) item 1)

 

Defence Legislation Amendment (Superannuation and ADF Cover) Act 2015

120, 2015

10 Sept 2015

Sch 3: 5 Mar 2016 (s 2(1) item 4)

--

Defence Legislation Amendment (First Principles) Act 2015

164, 2015

2 Dec 2015

Sch 2 (items 10-12, 80): 1 July 2016 (s 2(1) item 2)

Sch 2 (item 80)

Treasury Laws Amendment (Putting Consumers First--Establishment of the Australian Financial Complaints Authority) Act 2018

13, 2018

5 Mar 2018

s 4: 5 Mar 2018 (s 2(1) item 1)
Sch 3 (items 2, 32): 5 Mar 2022 (s 2(1) item 8)

s 4 and Sch 3 (item 32)

Defence Legislation Amendment (Miscellaneous Measures) Act 2020

45, 2020

25 May 2020

Sch 2 (items 1-5): 26 May 2020 (s 2(1) item 3)

--

Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020

112, 2020

8 Dec 2020

Sch 3 (item 8) and Sch 4 (items 1, 5): 28 Sept 2022 (s 2(1) item 1)

Sch 4 (items 1, 5)

Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Act 2020

146, 2020

17 Dec 2020

Sch 3 (items 3-5, 8, 9): 18 Dec 2020 (s 2(1) item 1)

Sch 3 (items 8, 9)

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

s 3.....................

am No 45, 2020

s 4.....................

am No 164, 2015; No 45, 2020

 

ed C3

 

am No 146, 2020

Part 2

 

s 7.....................

am No 120, 2015

s 8.....................

am No 120, 2015

s 9.....................

am No 112, 2020

Part 3

 

s 13....................

am No 146, 2020

s 16....................

am No 45, 2020

Part 4

 

Division 4

 

s 21....................

am No 120, 2015

s 24....................

am No 45, 2020

Part 5

 

s 26....................

am No 45, 2020

s 29....................

am No 13, 2018

 


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