COMSUPER BILL 2011

i ComSuper Bill 2011 No. , 2011

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Definitions

.........................................................................................

Part 2--ComSuper

4 Establishment

.....................................................................................

5 Constitution........................................................................................

6 Function

.............................................................................................

Part 3--Chief Executive Officer, staff and consultants

Division 1--Function and powers of the CEO

Chief Executive Officer ..................................................................... 5

Function and powers of the CEO ....................................................... 5

Division 2--Appointment of the CEO

9 Appointment

......................................................................................

Term of appointment ......................................................................... 7

11 Acting

CEO

.......................................................................................

Division 3--Terms and conditions of the CEO's appointment

12 Remuneration

and

allowances ........................................................... 8

Leave of absence ................................................................................ 8

14 Outside

employment

..........................................................................

15 Disclosure

interests ........................................................................ 8

16 Other

terms

and

conditions ................................................................ 9

17 Resignation

........................................................................................

18 Termination

appointment .............................................................. 9

Division 4--Staff and consultants

19 Staff

.................................................................................................

20 Consultants

......................................................................................

Part 4--Finance and reporting requirements

Division 1--ComSuper Special Account

21 ComSuper

Special Account ............................................................. 11

Credits to the Account ..................................................................... 11

Purposes of the Account .................................................................. 11

Division 2--Reporting requirements

24 Annual

report

...................................................................................

Part 1 Preliminary

Section 3

2 ComSuper Bill 2011 No. , 2011

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s) Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Sections 3 to

At the same time as section 2 of the

Governance of Australian Government

Superannuation Schemes Act 2011

commences.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Definitions

In this Act:

CEO: see Chief Executive Officer.

Chief Executive Officer or CEO means the Chief Executive

Officer of ComSuper.

ComSuper means the body established by section 4.

CSC has the same meaning as in the Governance of Australian

Government Superannuation Schemes Act 2011.

Defence Minister means the Minister who administers the Defence

Act 1903.

Chief Executive Officer, staff and consultants Part 3

Function and powers of the CEO Division 1

Section 7

ComSuper Bill 2011 No. , 2011 5

Part 3--Chief Executive Officer, staff and

consultants

Division 1--Function and powers of the CEO

7 Chief Executive Officer

(1) There is to be a Chief Executive Officer of ComSuper.

(2) To avoid doubt, the CEO is not an officer (within the meaning of

the Commonwealth Authorities and Companies Act 1997).

8 Function and powers of the CEO

(1) The CEO's main function is to provide administrative services to

CSC in the performance of CSC's functions in relation to a

superannuation scheme administered by CSC.

Note:

The CEO has other functions allowed by Commonwealth law.

(2) The CEO has the power to do all things necessary or convenient to

be done for or in connection with the performance of his or her

function.

(3) Subject to subsections (5) and (6), when providing administrative

services to CSC, the CEO:

(a) is subject to the directions of CSC; and

(b) must endeavour to act in accordance with policies, guidelines

and standards determined by CSC.

(4) If a direction is given in writing, the direction is not a legislative

instrument.

(5) Subsection (3) does not apply to the extent that:

(a) compliance with the direction would be inconsistent with the

CEO's performance of functions or exercise of powers under

the Financial Management and Accountability Act 1997 in

relation to ComSuper; or

Part 3 Chief Executive Officer, staff and consultants

Division 1 Function and powers of the CEO

Section 8

6 ComSuper Bill 2011 No. , 2011

(b) the direction relates to the CEO's performance of functions

or exercise of powers under the Public Service Act 1999 in

relation to ComSuper; or

(i) another law of the Commonwealth; or

(ii) policies of the Commonwealth in relation to the

administration of an Australian government

superannuation scheme.

(6) In relation to the PSSAP:

(a)

subsections (1) and (3) have effect subject to such

modifications (if any) as are prescribed by the regulations;

and

(b)

the regulations may provide that subsections (1) and (3) cease

to have effect at a specified time.

Chief Executive Officer, staff and consultants Part 3

Appointment of the CEO Division 2

Section 9

ComSuper Bill 2011 No. , 2011 7

Division 2--Appointment of the CEO

9 Appointment

(1) The CEO is to be appointed by the Minister by written instrument,

on a full-time basis.

(2) Before making an appointment, the Minister must consult the

Defence Minister.

(3) The appointment of a person as CEO is not invalid merely because

of a defect or irregularity in connection with the person's

appointment.

10 Term of appointment

The CEO holds office for the period specified in the instrument of

appointment. The period must not exceed 5 years.

Note:

The CEO is eligible for reappointment: see the Acts Interpretation Act

1901.

11 Acting CEO

(1) The Minister may appoint a person to act as CEO:

(a) during a vacancy in the office of CEO, whether or not an

appointment has previously been made to that office; or

(b) during any period, or during all periods, when the CEO is

absent from duty or from Australia or is, for any other reason,

unable to perform the duties of the office of CEO.

(2) Anything done by or in relation to a person purporting to act under

subsection (1) is not invalid merely because:

(a) the occasion for the person's appointment had not arisen; or

(b) there is a defect or irregularity in connection with the

person's appointment; or

(d) the occasion for the person to act had not arisen or had

ceased.

Note: See

the

Acts Interpretation Act 1901.

Part 3 Chief Executive Officer, staff and consultants

Division 3 Terms and conditions of the CEO's appointment

Section 12

8 ComSuper Bill 2011 No. , 2011

Division 3--Terms and conditions of the CEO's

appointment

12 Remuneration and allowances

(1) The CEO is to be paid the remuneration that is determined by the

Remuneration Tribunal. If no determination of that remuneration

by the Tribunal is in operation, the CEO is to be paid the

remuneration that is prescribed by the regulations.

(2) The CEO is to be paid the allowances that are prescribed by the

regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

13 Leave of absence

(1) The CEO has the recreation leave entitlements that are determined

by the Remuneration Tribunal.

(2) The Minister may grant to the CEO leave of absence, other than

recreation leave, on the terms and conditions as to remuneration or

otherwise that the Minister determines in writing.

14 Outside employment

The CEO must not engage in paid employment outside the duties

of his or her office without the Minister's approval.

15 Disclosure of interests

The CEO must give written notice to the Minister of all interests,

pecuniary or otherwise, that the CEO has or acquires and that

conflict or could conflict with the proper performance of the

CEO's functions.

Chief Executive Officer, staff and consultants Part 3

Terms and conditions of the CEO's appointment Division 3

Section 16

ComSuper Bill 2011 No. , 2011 9

16 Other terms and conditions

The CEO holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined, in

writing, by the Minister.

17 Resignation

(1) The CEO may resign his or her appointment by giving the Minister

a signed notice of resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

18 Termination of appointment

(1) The Minister may terminate the appointment of the CEO:

(a) for misbehaviour or physical or mental incapacity; or

(b) if the CEO:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

consecutive days or for 28 days in any 12 months; or

(d) if the CEO engages, without the Minister's approval, in paid

employment outside the duties of his or her office (see

section 14); or

(e) if the CEO fails, without reasonable excuse, to comply with

section 15.

(2) Before terminating the appointment of the CEO, the Minister must

consult the Defence Minister.

Part 3 Chief Executive Officer, staff and consultants

Division 4 Staff and consultants

Section 19

10 ComSuper Bill 2011 No. , 2011

Division 4--Staff and consultants

19 Staff

(1) The staff of ComSuper are to be persons engaged under the Public

Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the CEO and the staff of ComSuper together constitute a

Statutory Agency; and

(b) the CEO is the Head of that Statutory Agency.

20 Consultants

The CEO may, on behalf of the Commonwealth, engage

consultants to assist in the performance of the CEO's function.

Finance and reporting requirements Part 4

ComSuper Special Account Division 1

Section 21

ComSuper Bill 2011 No. , 2011 11

Part 4--Finance and reporting requirements

Division 1--ComSuper Special Account

21 ComSuper Special Account

(1) The ComSuper Special Account is established by this section.

(2) The Account is a Special Account for the purposes of the Financial

Management and Accountability Act 1997.

22 Credits to the Account

There must be credited to the Account amounts equal to all money

received from any person for the purposes of the Account.

Note:

An Appropriation Act provides for amounts to be credited to a Special

Account if any of the purposes of the Account is a purpose that is

covered by an item in the Appropriation Act.

23 Purposes of the Account

(1) This section sets out the purposes of the Account.

(2) Amounts standing to the credit of the Account may be debited for

the following purposes:

(a) to pay or discharge the costs, expenses or other obligations

incurred by ComSuper in the performance of its function

under this Act or another law of the Commonwealth;

(b) to pay any remuneration and allowances payable to any

person under this Act;

relation to a superannuation scheme administered by CSC, as

agreed between ComSuper and CSC;

(d) to meet the expenses of administering the Account;

(e) to repay amounts required by law;

(f) to reduce the balance of the Special Account (and, therefore,

the available appropriation for the Account) without making

a real or notional payment.

Finance and reporting requirements Part 4

Reporting requirements Division 2

Section 24

ComSuper Bill 2011 No. , 2011 13

Division 2--Reporting requirements

24 Annual report

Annual report to be given to Minister

(1) The CEO must, as soon as practicable after 30 June in each

financial year, prepare and give to the Minister a report for

presentation to the Parliament (an annual report) relating to the

performance of the CEO's function during the year.

Note:

See also section 34C of the Acts Interpretation Act 1901, which

contains provisions about annual reports.

Contents of annual report

(2) The CEO must include in the annual report the following:

(a) particulars of any directions given to the CEO by CSC during

the year and the impact of the directions on the performance

of the CEO's function;

(b) the financial statements required by section 49 of the

Financial Management and Accountability Act 1997;

Financial Management and Accountability Act 1997.

Part 5 Miscellaneous

Section 25

14 ComSuper Bill 2011 No. , 2011

Part 5--Miscellaneous

25 Delegation by the CEO

(1) The CEO may delegate, in writing, the CEO's function and/or all

or any of the CEO's powers under this Act to an SES employee or

acting SES employee in ComSuper.

(2) In performing the function or exercising powers under a

delegation, the delegate must comply with any written directions of

the CEO.

26 Indemnification

(1) Anything done, or omitted to be done, in good faith by:

(a) the CEO in the performance of his or her function under this

Act; or

(b) a member of the staff of ComSuper in the performance of

that function;

does not subject him or her personally to any action, liability, claim

or demand.

(2) Subsection (1) does not prevent CSC from being subject to an

action, liability, claim or demand.

Note:

See section 35 of the Governance of Australian Government

Superannuation Schemes Act 2011.

27 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Commonwealth of Australia Bills

COMSUPER BILL 2011