Senate debates
Wednesday, 26 November 2008
Same-Sex Relationships (Equal Treatment in Commonwealth Laws — Superannuation) Bill 2008
Consideration of House of Representatives Message
Message received from the House of Representatives returning the bill and informing the Senate that the House has agreed to amendments (2), (3) and (4) made by the Senate, disagreed to amendment (1), and made further amendments in place of the amendment; and requesting the reconsideration of the bill in respect of the amendment disagreed to and the concurrence of the Senate in the amendments made by the House of Representatives.
Ordered that the message be considered in Committee of the Whole immediately.
House of Representatives message—
- Schedule of the amendment made by the Senate to which the House of Representatives has disagreed
(1) Clause 2, page 2, omit the table, substitute:
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | |
2. Schedule 1 | 1 July 2008. | 1 July 2008 |
3. Schedules 2 and 3 | 1 July 2008. | 1 July 2008 |
4. Schedule 4 | 1 July 2008. | 1 July 2008 |
5. Schedule 5 | 1 July 2008. | 1 July 2008 |
(1) Clause 2, page 2 (table item 1, column 1), omit “3”, substitute “4”.
(2) Clause 2, page 2 (table item 3), omit the table item, substitute:
3. Schedule 2, Part 1 | The day on which this Act receives the Royal Assent. |
3A. Schedule 2, Part 2 | At the same time as the provision(s) covered by table item 2. |
3B. Schedule 2, Part 3 | The day on which this Act receives the Royal Assent. |
3C. Schedule 3 | At the same time as the provision(s) covered by table item 2. |
(3) Clause 2, page 2 (table item 4), omit the table item, substitute:
4. Schedule 4, Parts 1 and 2 | 1 July 2008. | 1 July 2008 |
4A. Schedule 4, Part 3 | The day on which this Act receives the Royal Assent. | |
(4) Page 2 (after line 11), after clause 3, insert:
- 4 Entitlements from 1 July 2008
(1) If:
(a) a person would have been entitled to one or more payments (the lost payments) under an Act that is amended by Schedule 1, 2, 3 or 5 to this Act if the relevant Schedule had commenced on 1 July 2008; and
(b) because the Schedule did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and
(c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;
the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.
(2) If:
(a) a person would have been entitled to one or more payments (the lost payments) under the Military Superannuation and Benefits Act 1991 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1 July 2008; and
(b) because that amendment did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and
(c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;
the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.
(3) If:
(a) a person would have been entitled to one or more payments (the lost payments) under the Superannuation Act 1990 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1 July 2008; and
(b) because that amendment did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and
(c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;
the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.
(4) A determination by the Finance Minister under this subsection must:
(a) be in writing; and
(b) set out:
(i) the amount and timing of the replacement payments; or
(ii) the method of determining the amount and timing of the replacement payments.
(5) An application must be in writing in the form approved by the Finance Minister.
(6) To avoid doubt, a determination of the Finance Minister that a person is entitled to one or more replacement payments does not affect the entitlements of any other person under an Act amended by Schedule 1, 2, 3 or 5 to this Act, the Military Superannuation and Benefits Act 1991 or the Superannuation Act 1990.
(7) Replacement payments are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
(8) A determination made under this section is not a legislative instrument.
(9) In this section:
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