Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 135, 1991
Compilation No. 27
Compilation date: 28 September 2022
Includes amendments up to: Act No. 146, 2020
Registered: 29 September 2022
This compilation includes a commenced amendment made by Act No. 112, 2020
About this compilation
This compilation
This is a compilation of the Military Superannuation and Benefits Act 1991 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Interpretation
3A Application of the Criminal Code
Part 2--The Trust Deed
4 Deed to establish Superannuation Scheme etc.
5 Amendment of Trust Deed
5A Amendments of Trust Deed to implement family law interest splitting
Part 3--Members of Superannuation Scheme
6 Membership of Superannuation Scheme
7 Persons excluded from membership of Superannuation Scheme
8 Cases where person taken not to have ceased to be a member
Part 4--Contributions
9 Contributions of members to Superannuation Scheme etc. to be deducted from salary
10 Contributions to Superannuation Scheme etc. by Department
Part 5--Payment of benefits
11 Interpretation
12 Member benefits
13 Employer benefits
14 Preserved benefits
15 Payment by or to the Commonwealth on reclassification of invalidity pensioner
16 Payment by Commonwealth where an invalidity pensioner again becomes a member
16A Payments relating to associate benefits
16B Recoverable payments
16C Recoverable death payments
16D Reports about recoverable payments and recoverable death payments
17 Appropriation
Part 6--CSC
18 Functions and powers
Part 9--Miscellaneous
42 Cost of administration of Act etc.
42A CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997
43 Recovery of unpaid contributions etc.
44 Payment of fees
45 Assignment of benefits
46 Member etc. bound by Rules
47 Indemnification
48 Bank not liable in respect of certain payments out of account of deceased pensioner
48A CSC may rely on information supplied by the Department
49 Amendments to Trust Deed disallowable under the Legislation Act 2003
51 Delegation by Minister
51A Transitional--MSB Instrument No. 3 of 1993 to have retrospective effect
51B Transitional--recoverable payments relating to retention benefit
51C Transitional--reports about recoverable payments
52 Regulations
Schedule--Form of Trust Deed
Military Superannuation and Benefits Rules
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 |
135, 1991 | 7 Sept 1991 | Parts 1 and 2 (s 1-5), 6 and 7 (s 18-28), s 42, 47, 49(1)(a) and 50-52: Royal Assent |
| |
91, 1992 | 30 June 1992 | s 13 and 14: 1 Sept 1992 (gaz 1992, No. S211) Remainder: Royal Assent | -- | |
Superannuation Guarantee (Consequential Amendments) Act 1992 | 92, 1992 | 30 June 1992 | 1 July 1992 | -- |
Superannuation Industry (Supervision) Consequential Amendments Act 1993 | 82, 1993 | 30 Nov 1993 | s 1, 2, 14, 16(2), 41, 42, 45, 46, 48(1) and 52-64: 1 Dec 1993 | s 40 |
95, 1993 | 22 Dec 1993 | 22 Dec 1993 | ||
43, 1995 | 15 June 1995 | Sch 4: Royal Assent (a) | -- | |
58, 1996 | 20 Nov 1996 | Sch 2 (item 2): Royal Assent (b) | -- | |
1, 1997 | 19 Feb 1997 | Sch 2 (items 5, 28, 50, 85, 89, 111, 145): Royal Assent (c) | -- | |
39, 1997 | 17 Apr 1997 | Sch 3 (item 104): (d) | -- | |
152, 1997 | 24 Oct 1997 | Sch 2 (items 937, 938): 1 Jan 1998 (gaz 1997, No GN49) (e) | -- | |
Superannuation Legislation Amendment (Superannuation Contributions Tax) Act 1997 | 187, 1997 | 7 Dec 1997 | Sch 7: 7 Dec 1997 (s 2(1)) | -- |
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 | 44, 1999 | 17 June 1999 | Sch 7 (items 119-121): 1 July 1999 (s 3(2)(e) and gaz 1999, No S283) | -- |
as amended by |
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|
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160, 2000 | 21 Dec 2000 | Sch 4 (item 4): 18 Jan 2000 (s 2(1)) | -- | |
Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 | 10, 2001 | 22 Mar 2001 | Sch 2 (items 66, 94, 95): 19 Apr 2001 (s 2(1)) | Sch 2 (items 94, 95) |
Defence Legislation Amendment (Application of Criminal Code) Act 2001 | 141, 2001 | 1 Oct 2001 | s 4: 1 Oct 2001 (s 2(1)) | |
as amended by |
|
|
|
|
135, 2003 | 17 Dec 2003 | Sch 2 (item 28): 1 Oct 2001 (s 2(1) item 9) | -- | |
Superannuation (Government Co-contribution for Low Income Earners) (Consequential Amendments) Act 2003 | 111, 2003 | 12 Nov 2003 | Sch 1 (items 9, 25): 12 Nov 2003 (s 2(1) items 2, 4) | Sch 1 (item 25) |
Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004 | 58, 2004 | 4 May 2004 | s 4: 4 May 2004 (s 2(1) item 1) | |
121, 2005 | 6 Oct 2005 | Sch 4: 6 Oct 2005 (s 2(1) item 2) | Sch 4 (item 4) | |
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 | 58, 2011 | 28 June 2011 | Sch 1 (items 104-114, 247(1)): 1 July 2011 (s 2(1) item 2) | -- |
82, 2012 | 28 June 2012 | Sch 1 (items 73, 74): 29 June 2012 (s 2(1) item 2) | -- | |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 9 (item 7): 24 June 2014 (s 2(1) item 9) | -- |
62, 2014 | 30 June 2014 | Sch 10 (items 12-16) 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) | -- |
Governance of Australian Government Superannuation Schemes Legislation Amendment Act 2015 | 65, 2015 | 17 June 2015 | Sch 1 (items 21-28) and Sch 2: 1 July 2015 (s 2(1) item 2) | Sch 1 (items 23, 26) and Sch 2 |
Defence Legislation Amendment (Superannuation and ADF Cover) Act 2015 | 120, 2015 | 10 Sept 2015 | Sch 1 (items 57-60): 11 Sept 2015 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 386-388): 5 Mar 2016 (s 2(1) item 2) | -- |
Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 | 112, 2020 | 8 Dec 2020 | Sch 3 (item 58) 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 6-9): 18 Dec 2020 (s 2(1) item 1) | Sch 3 (items 8, 9) |
(a) The Military Superannuation and Benefits Act 1991 was amended by Schedule 4 only of the Defence Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:
(1) Except as indicated in subsections (2), (3) and (4), this Act commences on the day on which it receives the Royal Assent.
(b) The Military Superannuation and Benefits Act 1991 was amended by Schedule 2 (item 2) only of the CFM Sale Act 1996, 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.
(c) The Military Superannuation and Benefits Act 1991 was amended by Schedule 2 (items 28, 85, 111 and 145) only of the Defence Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(d) The Military Superannuation and Benefits Act 1991 was amended by Schedule 3 (item 104) only of the Income Tax (Consequential Amendments) Act 1997, section 2 of which provides as follows:
2. This Act commences on 1 July 1997.
(e) The Military Superannuation and Benefits Act 1991 was amended by Schedule 2 (items 937 and 938) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
Provision affected | How affected |
Part 1 |
|
s 2..................... | am No 121, 2005 |
s 3..................... | am No 58, 2004; No 58, 2011; No 120, 2015 |
s 3A.................... | ad No 141, 2001 |
Part 2 |
|
s 5..................... | am No 82, 1993; No 43, 1995; No 111, 2003; No 121, 2005; No 58, 2011 |
s 5A.................... | ad No 58, 2004 |
| am No 121, 2005; No 58, 2011; No 126, 2015; No 112, 2020 |
Part 3 |
|
s 6..................... | am No 92, 1992; No 10, 2001 |
| rs No 120, 2015 |
| am No 146, 2020 |
s 7..................... | rep No 92, 1992 |
| ad No 120, 2015 |
| am No 146, 2020 |
Part 4 |
|
s 9..................... | am No 58, 2011 |
s 10.................... | am No 58, 2011 |
Part 5 |
|
s 11.................... | am No 58, 2011 |
s 12.................... | am No 58, 2011 |
s 13.................... | am No 58, 2011 |
s 14.................... | am No 58, 2011 |
s 15.................... | am No 58, 2011 |
s 16.................... | am No 58, 2011 |
s 16A................... | ad No 58, 2004 |
| am No 58, 2011 |
s 16B................... | ad No 82, 2012 |
| am No 62, 2014; No 65, 2015 |
s 16C................... | ad No 82, 2012 |
| am No 62, 2014; No 65, 2015 |
s 16D................... | ad No 82, 2012 |
| am No 62, 2014 |
| rs No 65, 2015 |
Part 6 |
|
Part 6................... | rs No 58, 2011 |
s 18.................... | rs No 58, 2011 |
s 19.................... | am No 152, 1997 |
| rep No 58, 2011 |
s 20.................... | am No 121, 2005 |
| rep No 58, 2011 |
s 21.................... | rep No 58, 2011 |
s 22.................... | rep No 58, 2011 |
s 23.................... | rep No 58, 2011 |
s 24.................... | am No 39, 1997; No 187, 1997 |
| rep No 58, 2011 |
s 25.................... | rs No 152, 1997 |
| rep No 58, 2011 |
s 25A................... | ad No 152, 1997 |
| rep No 58, 2011 |
s 25B................... | ad No 152, 1997 |
| rep No 58, 2011 |
s 26.................... | am No 43, 1995 |
| rep No 58, 2011 |
Part 7................... | rep No 58, 2011 |
s 27.................... | rep No 58, 2011 |
s 28.................... | rep No 58, 2011 |
Part 8................... | rep No 121, 2005 |
s 29.................... | rep No 121, 2005 |
s 30.................... | am No 1, 1997; No 121, 2005 |
| rep No 121, 2005 |
s 31.................... | rep No 121, 2005 |
s 32.................... | rep No 121, 2005 |
s 33.................... | rep No 121, 2005 |
s 34.................... | rep No 121, 2005 |
s 35.................... | rep No 121, 2005 |
s 36.................... | am No 1, 1997 |
| rep No 121, 2005 |
s 37.................... | rep No 121, 2005 |
s 38.................... | rep No 121, 2005 |
s 39.................... | rep No 121, 2005 |
s 40.................... | rep No 121, 2005 |
Part 9 |
|
s 41.................... | rep No 58, 1996 |
s 42.................... | am No 58, 2011 |
s 42A................... | ad No 187, 1997 |
| am No 58, 2011 |
s 43.................... | am No 58, 2011 |
s 44.................... | am No 58, 2011 |
s 46.................... | am No 58, 2004 |
s 47.................... | am No 91, 1992; No 58, 2011 |
s 48.................... | am No 44, 1999 |
s 48A................... | ad No 120, 2015 |
s 49.................... | rep No 121, 2005 |
| ad No 58, 2011 |
| am No 126, 2015 |
s 50.................... | rep No 43, 1995 |
s 51.................... | am No 58, 2011; No 65, 2015; No 120, 2015 |
s 51A................... | ad No 95, 1993 |
s 51B................... | ad No 82, 2012;No 62, 2014 |
s 51C................... | ad No 82, 2012 |
| am No 62, 2014 |
s 52.................... | am No 43, 1995; No 121, 2005; No 58, 2011 |
Part 10.................. | rep No 31, 2014 |
s 53.................... | rep No 31, 2014 |
s 54.................... | rep No 31, 2014 |
s 55.................... | rep No 31, 2014 |
s 56.................... | rep No 31, 2014 |
s 57.................... | rep No 31, 2014 |
s 58.................... | rep No 31, 2014 |
s 59.................... | rep No 31, 2014 |
s 60.................... | rep No 31, 2014 |
s 61.................... | rep No 31, 2014 |
Schedule |
|
Schedule................. | am No 58, 2011 |