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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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