Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 145, 1989
Compilation No. 21
Compilation date: 1 July 2016
Includes amendments up to: Act No. 4, 2016
Registered: 7 July 2016
This compilation includes commenced amendments made by Act No. 59, 2015
About this compilation
This compilation
This is a compilation of the Crimes (Superannuation Benefits) Act 1989 that shows the text of the law as amended and in force on 1 July 2016 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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--Introductory
1 Short title
2 Interpretation
3 Related offences
4 Abscond
5 Charge with offence
6 Conviction and quashing of conviction
7 Employee
8 Property of a person
9 Dealing with property
10 Effective control of property
11 Sufficient consideration
12 Application to convictions and offences
12A Application of the Criminal Code
13 Act binds the Crown
14 Application and extension of Act
Part 2--Superannuation orders
15 Notice of charge etc.
16 Authority to apply for superannuation order
17 Application for superannuation order
18 Application for superannuation order: evidence
19 Superannuation orders: making
20 When does a superannuation order take effect?
21 Effect of superannuation orders
22 Superannuation orders: variation
23 Superannuation orders: revocation
Part 3--Restraining orders
24 Application for restraining order
25 Making of restraining orders
26 Restraining order may be subject to conditions
27 Affidavit of police officer needed in certain cases
28 Notice of application for restraining order
28A Extension of certain restraining orders
29 Persons who may appear and adduce evidence
30 Witnesses not required to answer questions etc. in certain cases
31 Notice of restraining orders
32 Ancillary orders
33 Charge on property subject to restraining order
34 Registration of restraining orders
35 Contravention of restraining orders
36 Restraining orders: revocation
37 When do restraining orders cease to have effect?
38 Extension of period of effect of restraining orders
39 Notice of applications
Part 4--Miscellaneous
40 Court may lift corporate veil etc.
41 Amounts payable under section 19, 21 or 23
42 Multiple payments in respect of same employee contributions not allowed
43 Possible superannuation order not to be taken into account in sentencing
44 Constitution of appropriate courts
45 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Miscellaneous
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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in 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 |
145, 1989 | 23 Nov 1989 | 21 Dec 1989 |
| |
Australian Federal Police Legislation Amendment Act (No. 2) 1989 | 153, 1989 | 17 Dec 1989 | ss. 1, 2 and Part 3 (ss. 61, 62): Royal Assent | -- |
123, 1991 | 23 Aug 1991 | ss. 5-10, Parts 3-7 and 9 (ss. 11-34, 38, 39) and ss. 40-50: 20 Sept 1991 | ||
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 1992 | 94, 1992 | 30 June 1992 | -- | |
164, 1992 | 11 Dec 1992 | Part 1 (ss. 1, 2) and Parts 3-11 (ss. 18-53): 8 Jan 1993 | -- | |
as amended by |
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182, 1994 | 19 Dec 1994 | -- | ||
196, 1992 | 21 Dec 1992 | Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) (b) | ||
as amended by |
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60, 1993 | 3 Nov 1993 | 10 Mar 1993 | -- | |
168, 1994 | 16 Dec 1994 | -- | ||
182, 1994 | 19 Dec 1994 | -- | ||
20, 1997 | 7 Apr 1997 | Schedule 1 (items 10-16): Royal Assent (e) | -- | |
48, 1998 | 29 June 1998 | Sch 1 (items 39-41): never commenced (s 2(6)) | -- | |
as amended by |
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Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 | 44, 1999 | 17 June 1999 | Sch 6 (item 17): 17 June 1999 (s 3(1)) | -- |
194, 1999 | 23 Dec 1999 | Sch 10: 23 Dec 1999 (s 2(1)) | -- | |
9, 2000 | 7 Mar 2000 | Sch 2 (items 25, 26): 2 July 2000 (s 2(1) and gaz 2000, No S328) | Sch 3 (items 20, 34, 35) | |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1), (2) and Sch 18: 24 May 2001 (s 2(1)(a)) | s 4(1), (2) |
8, 2005 | 22 Feb 2005 | s 4 and Sch 1 (items 124, 125, 496): 22 Feb 2005 (s 2(1) items 2, 10) | s 4 and Sch 1 (item 496) | |
26, 2008 | 23 June 2008 | Sch 1 (items 55, 56): 23 June 2008 (s 2(1) item 4) | -- | |
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 | 144, 2008 | 9 Dec 2008 | Sch 2 (items 41, 42): 10 Dec 2008 | Sch. 2 (item 42) |
5, 2011 | 22 Mar 2011 | Sch 5 (items 71, 72): 19 Apr 2011 (s 2(1) item 13) | -- | |
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 | 58, 2011 | 28 June 2011 | Sch 1 (items 33, 34): 1 July 2011 (s 2(1) item 2) | -- |
Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012 | 167, 2012 | 28 Nov 2012 | Sch 3 (items 12, 13, 15): 29 Nov 2012 (s 2(1) item 7) | Sch 3 (item 15) |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (items 109, 110): 12 Apr 2013 (s 2(1) item 2) | -- |
62, 2014 | 30 June 2014 | Sch 8 (item 84) and Sch 14: 1 July 2014 (s 2(1) items 6, 14 ) | Sch 14 | |
as amended by |
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Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
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Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
59, 2015 | 26 May 2015 | Sch 2 (item 118): 1 July 2016 (s 2(1) item 5) | Sch 2 (items 356-396) | |
as amended by |
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33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | -- | |
Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 | 153, 2015 | 26 Nov 2015 | Sch 14 (items 7, 8): 27 Nov 2015 (s 2(1) item 2) | Sch 14 (item 8) |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 83): 10 Mar 2016 (s 2(1) item 6) | -- |
(a) The Crimes Legislation Amendment Act 1992 was amended by section 31 only of the Crimes and Other Legislation Amendment Act 1994, subsection 2(6) of which provides as follows:
(6) The amendment made by this Act to the Crimes Legislation Amendment Act 1992 is taken to have commenced on 8 January 1993 immediately after the commencement of section 34 of that Act.
(b) The Crimes (Superannuation Benefits) Act 1989 was amended by the Schedule (Parts 1 and 5) of the Qantas Sale Act 1992, subsections 2(2), (3)(a) and (c) of which provide as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule--the day is not earlier than the substantial minority sale day; and
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule--the day is not earlier than the 100% sale day.
(c) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(d) The Crimes (Superannuation Benefits) Act 1989 was amended by section 31 only of the Crimes and Other Legislation Amendment Act 1994, subsection 2(4) of which provides as follows:
(4) The amendments made by this Act to the Australian Federal Police Act 1979, the Crimes (Aviation) Act 1991 (other than the amendment made to Schedule 5 to that Act), the Crimes (Hostages) Act 1989, the Crimes (Internationally Protected Persons) Act 1976, the Crimes (Overseas) Act 1964 , the Crimes (Superannuation Benefits) Act 1989, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Extradition Act 1988, the Financial Transaction Reports Act 1988 and to sections 23 and 59 of the Proceeds of Crime Act 1987 commence on the 28th day after the day on which this Act receives the Royal Assent.
(e) The Crimes (Superannuation Benefits) Act 1989 was amended by Schedule 1 (items 10-16) only of the Crimes and Other Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
Provision affected | How affected |
Part 1 |
|
s. 2..................... | am. Nos. 94, 164 and 196, 1992; No. 20, 1997; No. 9, 2000; No. 26, 2008; Nos. 5 and 58, 2011 ; No 62, 2014 |
s 3..................... | rs No 153, 2015 |
s. 7..................... | am. No. 153, 1989; No. 194, 1999; No. 9, 2000; No. 13, 2013 |
s. 10.................... | am. No. 144, 2008 |
s. 12A................... | ad. No. 24, 2001 |
s 13.................... | am No 59, 2015 |
Part 2 |
|
s. 17.................... | am. No. 20, 1997 |
s. 18.................... | am. No. 123, 1991 |
s. 19.................... | am. No. 182, 1994; No. 167, 2012 |
s. 21.................... | am. No. 164, 1992 (as am. by No. 182, 1994) |
s. 23.................... | am. No. 20, 1997; No. 5, 2011 |
Part 3 |
|
s. 25.................... | am. No. 20, 1997 |
s. 28.................... | am. No. 123, 1991 |
s. 28A................... | ad. No. 123, 1991 |
s. 32.................... | am. No. 123, 1991 |
s. 35.................... | am. No. 24, 2001; No 4, 2016 |
s. 37.................... | am. No. 20, 1997 |
Part 4 |
|
s. 41.................... | am. No. 8, 2005; No. 5, 2011 |
This endnote sets out other information relating to the Crimes (Superannuation Benefits) Act 1989.
The Crimes (Superannuation Benefits) Act 1989 is affected by section 41 of the CSL Sale Act 1993 .
The Crimes (Superannuation Benefits) Act 1989 is affected by section 29 of the Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996 .