Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if:
(a) a person who is, or has previously been, the Governor - General dies on or after 1 July 2006 without leaving a spouse; or
(b) a person who is, or has previously been, the Governor - General has died leaving a spouse or spouses and:
(i) if there was only one spouse--that spouse dies on or after 1 July 2006; or
(ii) if there was more than one spouse--both or all of the spouses have died and the death of the last surviving spouse occurs on or after 1 July 2006;
and, on the last day on which the person held office as Governor - General, the person was not a qualified employee (within the meaning of the Superannuation (Productivity Benefit) Act 1988 ).
Benefit
(2) Subject to subsection (3), there is payable to the personal representative of the person an amount of benefit equal to the sum of the following amounts:
(a) the total of the minimum amounts that the Commonwealth would have had to contribute to a complying superannuation fund or scheme for the benefit of the person in order to avoid having any individual superannuation guarantee shortfalls in respect of the person if it were assumed that:
(i) the person was an employee of the Commonwealth (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) in his or her capacity as the Governor - General and had never been an employee of the Commonwealth (within the meaning of that Act) in any other capacity; and
(ii) section 4 of this Act had not been enacted; and
(iii) those contributions were made on a monthly basis;
(b) the interest that would have accrued on the contributions covered by paragraph (a) if it were assumed that interest on those contributions had accrued in accordance with the method set out in a determination made by the Minister under subsection (6).
Personal representatives
(3) The amount of benefit payable to the personal representative of the person under subsection (2) is to be reduced by the sum of the amounts of the allowances (if any) that were paid to the person or any spouse of the person under section 4.
(4) If an amount of benefit is payable under subsection (2) to the personal representative of the person and no personal representative can be found, the amount is to be paid to any individual or individuals that the Minister determines.
Appropriation
(5) A benefit under subsection (2) is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
Interest method determination
(6) The Minister must, by writing, determine a method for the purposes of paragraph (2)(b).
(7) A method determined under subsection (6) may provide for different interest rates for different periods.
(8) A method determined under subsection (6) may be expressed to relate to a period that began before the determination was made.
(9) A determination under subsection (6) may be varied, but not revoked, in accordance with subsection 33(3) of the Acts Interpretation Act 1901 .
(10) Subsection (9) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.
(11) A determination under subsection (6) is a legislative instrument.
(12) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 , section 42 (disallowance) of that Act applies to a determination under subsection (6) of this section.
Definitions
(13) In this section:
"complying superannuation fund or scheme" has the same meaning as in the Superannuation Guarantee (Administration) Act 1992 .
"individual superannuation guarantee shortfall" has the same meaning as in the Superannuation Guarantee (Administration) Act 1992 .