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SALARIES LEGISLATION AMENDMENT (SALARY SACRIFICE) BILL 2008

                 PARLIAMENT OF VICTORIA

 Salaries Legislation Amendment (Salary Sacrifice)
                      Bill 2008



                      TABLE OF PROVISIONS
Clause                                                                   Page

PART 1--PRELIMINARY                                                         1
  1      Purposes                                                           1
  2      Commencement                                                       2

PART 2--AMENDMENTS TO CONSTITUTION ACT 1975                                 4
  3      Salary sacrifice arrangements for Judges of the Supreme
         Court                                                              4
  4      Salary sacrifice arrangements for acting Judges of the
         Supreme Court                                                      5
  5      Salary sacrifice arrangements for Masters of the Supreme
         Court                                                              7
  6      Changes to references to "master"                                  8

PART 3--AMENDMENTS TO COUNTY COURT ACT 1958                                 9
  7      Salary sacrifice arrangements for judges of the County Court       9
  8      Salary sacrifice arrangements for acting judges of the County
         Court                                                             10
  9      Salary sacrifice arrangements for masters of the County Court     12
  10     Changes to references to "master"                                 13

PART 4--AMENDMENTS TO MAGISTRATES' COURT
ACT 1989                                                                   14
  11     Salary sacrifice arrangements for magistrates                     14
  12     Salary sacrifice arrangements for acting magistrates              15

PART 5--AMENDMENT TO VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998                                           18
  13     New section 17A inserted                                          18
         17A    Salary sacrifice                                           18




561310B.I-2/12/2008                    i      BILL LA INTRODUCTION 2/12/2008

 


 

Clause Page PART 6--AMENDMENTS TO PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 20 14 New section 7A inserted 20 7A Salary sacrifice 20 15 Application of Consolidated Fund 21 16 Salary sacrifice 22 PART 7--AMENDMENT TO ATTORNEY-GENERAL AND SOLICITOR-GENERAL ACT 1972 23 17 New section 7 inserted 23 7 Salary sacrifice 23 PART 8--AMENDMENTS TO PUBLIC ADMINISTRATION ACT 2004 24 18 New section 115A inserted 24 115A Salary sacrifice by office holders 24 19 New Schedule 1A inserted 24 SCHEDULE 1A--Salary Sacrifice by Office Holders 24 1 Definitions 24 2 Application of Schedule 25 3 Salary sacrifice 26 4 Authorisation of past arrangements 27 PART 9--AMENDMENTS TO PUBLIC PROSECUTIONS ACT 1994 29 20 New section 15A inserted 29 15A Salary sacrifice--Chief Crown Prosecutor 29 21 New section 19A inserted 30 19A Salary sacrifice--Acting Chief Crown Prosecutor 30 22 New section 32A inserted 31 32A Salary sacrifice--Crown Prosecutors 31 23 New section 36BA inserted 33 36BA Salary sacrifice 33 PART 10--REPEAL OF AMENDING ACT 35 24 Repeal of amending Act 35 ENDNOTES 36 561310B.I-2/12/2008 ii BILL LA INTRODUCTION 2/12/2008

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 A Bill for an Act to amend the Constitution Act 1975, the Attorney- General and Solicitor-General Act 1972, the County Court Act 1958, the Magistrates' Court Act 1989, the Parliamentary Salaries and Superannuation Act 1968, the Public Administration Act 2004, the Public Prosecutions Act 1994 and the Victorian Civil and Administrative Tribunal Act 1998 in relation to salary sacrifice and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are-- (a) to permit salary sacrifice arrangements by 5 judges and magistrates, masters and associate judges by amending the Constitution Act 1975, the County Court 561310B.I-2/12/2008 1 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 1--Preliminary s. 2 Act 1958 and the Magistrates' Court Act 1989; (b) to amend the Victorian Civil and Administrative Tribunal Act 1998 to 5 permit salary sacrifice arrangements by Tribunal members; (c) to amend the Parliamentary Salaries and Superannuation Act 1968 to permit salary sacrifice arrangements by Members of 10 Parliament; (d) to amend the Attorney-General and Solicitor-General Act 1972 to permit salary sacrifice arrangements by the Solicitor- General; 15 (e) to amend the Public Administration Act 2004 to permit salary sacrifice arrangements by public office holders; (f) to amend the Public Prosecutions Act 1994 to permit salary sacrifice arrangements by 20 Crown Prosecutors; (g) to validate and save existing salary sacrifice arrangements entered into by those office holders. 2 Commencement 25 (1) This Act (except sections 6 and 10) comes into operation on the day on which it receives the Royal Assent. (2) Section 6 comes into operation on the later of-- (a) the day on which this Act receives the Royal 30 Assent; and (b) the day on which section 9 of the Courts Legislation Amendment (Associate Judges) Act 2008 comes into operation. 561310B.I-2/12/2008 2 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 1--Preliminary s. 2 (3) Section 10 comes into operation on the later of-- (a) the day on which this Act receives the Royal Assent; and (b) the day on which section 55 of the Courts 5 Legislation Amendment (Associate Judges) Act 2008 comes into operation. __________________ 561310B.I-2/12/2008 3 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 2--Amendments to Constitution Act 1975 s. 3 PART 2--AMENDMENTS TO CONSTITUTION ACT 1975 3 Salary sacrifice arrangements for Judges of the Supreme Court See: (1) After section 82(3) of the Constitution Act 1975 Act No. 5 8750. insert-- Reprint No. 18 as at "(4) A Judge of the Court may by notice in 31 October 2006 writing to the Attorney-General enter into an and arrangement under which the Judge agrees to amending Act Nos receive the whole or part of his or her total 10 24/2006, amount of future salary as non-salary 24/2007, 23/2008, benefits of an equivalent value. 24/2008 and 38/2008. (5) The notice must specify a date from which LawToday: the arrangement is to take effect which must www. legislation. be the date on which the notice is given or a 15 vic.gov.au later date. (5A) A Judge of the Court may vary or revoke a notice he or she has given under subsection (4) by notice in writing to the Attorney- General. 20 (6) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.". 25 (2) After section 82(6B) of the Constitution Act 1975 insert-- "(6C) An arrangement referred to in subsection (4) or (7A) does not constitute and is deemed never to have constituted a reduction in the 30 salary of the Judge of the Court who enters or entered into the arrangement.". (3) In section 82(7)(a) of the Constitution Act 1975 after "salaries" insert "(including the amount of any non-salary benefits)". 561310B.I-2/12/2008 4 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 2--Amendments to Constitution Act 1975 s. 4 (4) After section 82(7) of the Constitution Act 1975 insert-- "(7A) If, before the commencement of section 3 of the Salaries Legislation Amendment 5 (Salary Sacrifice) Act 2008 (the 2008 Act), a Judge of the Court entered into an arrangement under which the Judge agreed to receive the whole or part of his or her total amount of salary as a Judge as non-salary 10 benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. 15 (7B) On and after the commencement of section 3 of the 2008 Act, an arrangement referred to in subsection (7A) may only be varied or revoked in accordance with subsection (5A).". 20 (5) After section 82(9) of the Constitution Act 1975 insert-- "(10) In subsection (4), non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration 25 Act 2004.". 4 Salary sacrifice arrangements for acting Judges of the Supreme Court (1) After section 80D(11) of the Constitution Act 1975 insert-- 30 "(11A) An acting Judge of the Court may by notice in writing to the Attorney-General enter into an arrangement under which the acting Judge agrees to receive the whole or part of his or her total amount of future salary (whether or 35 not payable at a sessional rate) as non-salary benefits of an equivalent value. 561310B.I-2/12/2008 5 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 2--Amendments to Constitution Act 1975 s. 4 (11B) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date. 5 (11C) An acting Judge of the Court may vary or revoke a notice he or she has given under subsection (11A) by notice in writing to the Attorney-General. (11D) The notice of variation or revocation must 10 specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.". (2) In section 80D(14)(a) of the Constitution Act 15 1975 for "amounts payable under this section to" insert "amounts (including the amount of any non-salary benefits) payable to or for". (3) After section 80D(14) of the Constitution Act 1975 insert-- 20 "(15) If, before the commencement of section 4 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), an acting Judge of the Court entered into an arrangement under which the acting Judge 25 agreed to receive the whole or part of his or her total amount of salary (whether or not payable at a sessional rate) as an acting Judge as non-salary benefits of an equivalent value, that arrangement, by virtue of this 30 subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. (16) On and after the commencement of section 4 of the 2008 Act, an arrangement referred to 35 in subsection (15) may only be varied or 561310B.I-2/12/2008 6 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 2--Amendments to Constitution Act 1975 s. 5 revoked in accordance with subsection (11C). (17) In subsection (11A), non-salary benefits has the same meaning as it has in clause 3(5) of 5 Schedule 1A to the Public Administration Act 2004.". 5 Salary sacrifice arrangements for Masters of the Supreme Court (1) After section 83A(2) of the Constitution Act 10 1975 insert-- "(2A) A master may by notice in writing to the Attorney-General enter into an arrangement under which the master agrees to receive the whole or part of his or her total amount of 15 future salary as a master as non-salary benefits of an equivalent value. (2B) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a 20 later date. (2C) A master may vary or revoke a notice he or she has given under subsection (2A) by notice in writing to the Attorney-General. (2D) The notice of variation or revocation must 25 specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.". (2) After section 83A(3) of the Constitution Act 30 1975 insert-- "(3A) An arrangement referred to in subsection (2A) or (5) does not constitute and is deemed never to have constituted a reduction in the salary of the master who enters or entered 35 into the arrangement.". 561310B.I-2/12/2008 7 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 2--Amendments to Constitution Act 1975 s. 6 (3) In section 83A(4)(a) of the Constitution Act 1975 after "salaries" insert "(including the amount of any non-salary benefits)". (4) After section 83A(4) of the Constitution Act 5 1975 insert-- "(5) If, before the commencement of section 5 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a master entered into an arrangement under 10 which the master agreed to receive the whole or part of his or her total amount of salary as a master as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always 15 to have had full effect according to its tenor as if it had been authorised under this section. (6) On and after the commencement of section 5 of the 2008 Act, an arrangement referred to 20 in subsection (5) may only be varied or revoked in accordance with subsection (2C). (7) In subsection (2A) non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration 25 Act 2004.". 6 Changes to references to "master" In section 83A of the Constitution Act 1975-- (a) in subsections (2A) and (2C) for "A master" substitute "An Associate Judge"; 30 (b) in subsection (2A) for "a master" substitute "an Associate Judge"; (c) in subsections (2A) and (3A) for "the master" substitute "the Associate Judge". __________________ 561310B.I-2/12/2008 8 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 3--Amendments to County Court Act 1958 s. 7 PART 3--AMENDMENTS TO COUNTY COURT ACT 1958 7 Salary sacrifice arrangements for judges of the County Court (1) After section 10(3) of the County Court Act See: Act No. 5 1958 insert-- 6230. Reprint No. 12 "(4) A judge may by notice in writing to the as at 28 April 2006 Attorney-General enter into an arrangement and under which the judge agrees to receive the amending Act Nos whole or part of his or her total amount of 22/2007, 10 future salary as a judge as non-salary 50/2007, 24/2007, benefits of an equivalent value. 26/2007, 28/2007, (5) The notice must specify a date from which 8/2008, the arrangement is to take effect which must 23/2008, 24/2008 and be the date on which the notice is given or a 51/2008. 15 later date. LawToday: www. (5A) A judge may vary or revoke a notice he or legislation. vic.gov.au she has given under subsection (4) by notice in writing to the Attorney-General. (6) The notice of variation or revocation must 20 specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.". (2) After section 10(6B) of the County Court Act 25 1958 insert-- "(6C) An arrangement referred to in subsection (4) or (7A) does not constitute and is deemed never to have constituted a reduction in the salary of the judge of the Court who enters or 30 entered into the arrangement.". (3) In section 10(7)(a) of the County Court Act 1958 after "salaries" insert "(including the amount of any non-salary benefits)". 561310B.I-2/12/2008 9 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 3--Amendments to County Court Act 1958 s. 8 (4) After section 10(7) of the County Court Act 1958 insert-- "(7A) If, before the commencement of section 7 of the Salaries Legislation Amendment 5 (Salary Sacrifice) Act 2008 (the 2008 Act), a judge entered into an arrangement under which the judge agreed to receive the whole or part of his or her total amount of salary as a judge as non-salary benefits of an 10 equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. 15 (7B) On and after the commencement of section 7 of the 2008 Act, an arrangement referred to in subsection (7A) may only be varied or revoked in accordance with subsection (5A).". 20 (5) After section 10(9) of the County Court Act 1958 insert-- "(10) In subsection (4), non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration 25 Act 2004.". 8 Salary sacrifice arrangements for acting judges of the County Court (1) After section 11(11) of the County Court Act 1958 insert-- 30 "(11A) An acting judge of the court may by notice in writing to the Attorney-General enter into an arrangement under which the acting judge agrees to receive the whole or part of his or her total amount of future salary (whether or 35 not payable at a sessional rate) as non-salary benefits of an equivalent value. 561310B.I-2/12/2008 10 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 3--Amendments to County Court Act 1958 s. 8 (11B) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date. 5 (11C) An acting judge of the court may vary or revoke a notice he or she has given under subsection (11A) by notice in writing to the Attorney-General. (11D) The notice of variation or revocation must 10 specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.". (2) In section 11(14)(a) of the County Court Act 15 1958 for "amounts payable under this section to" insert "amounts (including the amount of any non-salary benefits) payable to or for". (3) After section 11(14) of the County Court Act 1958 insert-- 20 "(15) If, before the commencement of section 8 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), an acting judge of the court entered into an arrangement under which the acting judge 25 agreed to receive the whole or part of his or her total amount of salary (whether or not payable at a sessional rate) as an acting judge as non-salary benefits of an equivalent value, that arrangement, by virtue of this 30 subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. (16) On and after the commencement of section 8 of the 2008 Act, an arrangement referred to 35 in subsection (15) may only be varied or 561310B.I-2/12/2008 11 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 3--Amendments to County Court Act 1958 s. 9 revoked in accordance with subsection (11C). (17) In subsection (11A), non-salary benefits has the same meaning as it has in clause 3(5) of 5 Schedule 1A to the Public Administration Act 2004.". 9 Salary sacrifice arrangements for masters of the County Court (1) After section 17AA(2) of the County Court Act 10 1958 insert-- "(2A) A master may by notice in writing to the Attorney-General enter into an arrangement under which the master agrees to receive the whole or part of his or her total amount of 15 future salary as a master as non-salary benefits of an equivalent value. (2B) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a 20 later date. (2C) A master may vary or revoke a notice he or she has given under subsection (2A) by notice in writing to the Attorney-General. (2D) The notice of variation or revocation must 25 specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.". (2) After section 17AA(3) of the County Court Act 30 1958 insert-- "(3A) An arrangement referred to in subsection (2A) or (5) does not constitute and is deemed never to have constituted a reduction in the salary of the master who enters or entered 35 into the arrangement.". 561310B.I-2/12/2008 12 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 3--Amendments to County Court Act 1958 s. 10 (3) In section 17AA(4)(a) of the County Court Act 1958 after "salaries" insert "(including the amount of any non-salary benefits)". (4) After section 17AA(4) of the County Court Act 5 1958 insert-- "(5) If, before the commencement of section 9 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a master entered into an arrangement under 10 which the master agreed to receive the whole or part of his or her total amount of salary as a master as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always 15 to have had full effect according to its tenor as if it had been authorised under this section. (6) On and after the commencement of section 9 of the 2008 Act, an arrangement referred to 20 in subsection (5) may only be varied or revoked in accordance with subsection (2C). (7) In subsection (2A) non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration 25 Act 2004.". 10 Changes to references to "master" In section 17AA of the County Court Act 1958-- (a) in subsections (2A) and (2C) for "A master" 30 substitute "An associate judge"; (b) in subsection (2A) for "a master" substitute "an associate judge"; (c) in subsections (2A) and (3A) for "the master" substitute "the associate judge". __________________ 561310B.I-2/12/2008 13 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 4--Amendments to Magistrates' Court Act 1989 s. 11 PART 4--AMENDMENTS TO MAGISTRATES' COURT ACT 1989 11 Salary sacrifice arrangements for magistrates See: (1) After clause 4 of Schedule 1 to the Magistrates' Act No. 5 51/1989. Court Act 1989 insert-- Reprint No. 14 as at "5. A magistrate may by notice in writing to the 21 August 2008 Attorney-General enter into an arrangement and under which the magistrate agrees to receive amending Act Nos the whole or part of his or her total amount 10 77/2004, of future salary as a magistrate as non-salary 51/2006, 12/2008, benefits of an equivalent value. 34/2008, 38/2008, 6. The notice must specify a date from which 52/2008 and the arrangement is to take effect which must 68/2008. LawToday: be the date on which the notice is given or a 15 www. later date. legislation. vic.gov.au 7. A magistrate may vary or revoke a notice he or she has given under clause 5 by notice in writing to the Attorney-General. 8. The notice of variation or revocation must 20 specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.". (2) After clause 9 of Schedule 1 to the Magistrates' 25 Court Act 1989 insert-- "9A. An arrangement referred to in clause 5 or 10A does not constitute and is deemed never to have constituted a reduction in the salary of the magistrate who enters or 30 entered into the arrangement.". (3) In clause 10(a) of Schedule 1 to the Magistrates' Court Act 1989 after "salaries" insert "(including the amount of any non-salary benefits)". 561310B.I-2/12/2008 14 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 4--Amendments to Magistrates' Court Act 1989 s. 12 (4) After clause 10 of Schedule 1 to the Magistrates' Court Act 1989 insert-- "10A. If, before the commencement of section 11 the Salaries Legislation Amendment 5 (Salary Sacrifice) Act 2008 (the 2008 Act), a magistrate entered into an arrangement under which the magistrate agreed to receive the whole or part of his or her total amount of salary as a magistrate as non-salary 10 benefits of an equivalent value, that arrangement, by virtue of this clause, has and is deemed always to have had full effect according to its tenor as if it had been authorised under clause 5. 15 10B. On and after the commencement of section 11 of the 2008 Act, an arrangement referred to in clause 10A may only be varied or revoked in accordance with clause 7. 10C. In clause 5, non-salary benefits has the same 20 meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.". 12 Salary sacrifice arrangements for acting magistrates (1) After clause 11C of Schedule 1 to the 25 Magistrates' Court Act 1989 insert-- "11D. An acting magistrate may by notice in writing to the Attorney-General enter into an arrangement under which the acting magistrate agrees to receive the whole or part 30 of his or her total amount of future remuneration (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value. 561310B.I-2/12/2008 15 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 4--Amendments to Magistrates' Court Act 1989 s. 12 11E. The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date. 5 11F. An acting magistrate may vary or revoke a notice he or she has given under clause 11D by notice in writing to the Attorney-General. 11G. The notice of variation or revocation must specify a date from which the variation or 10 revocation is to take effect which must be the date on which the notice is given or a later date.". (2) In clause 12 of Schedule 1 to the Magistrates' Court Act 1989 after "remuneration" insert 15 "(including the amount of any non-salary benefits)". (3) After clause 12 of Schedule 1 to the Magistrates' Court Act 1989 insert-- "13. If, before the commencement of section 12 20 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), an acting magistrate entered into an arrangement under which the acting magistrate agreed to receive the whole or 25 part of his or her total amount of salary (whether or not payable at a sessional rate) as an acting magistrate as non-salary benefits of an equivalent value, that arrangement, by virtue of this clause, has and is deemed 30 always to have had full effect according to its tenor as if it had been authorised under clause 11D. 14. On and after the commencement of section 12 of the 2008 Act, an arrangement 35 referred to in clause 13 may only be varied or revoked in accordance with clause 11F. 561310B.I-2/12/2008 16 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 4--Amendments to Magistrates' Court Act 1989 s. 12 15. In clause 11D, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.". __________________ 561310B.I-2/12/2008 17 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 5--Amendment to Victorian Civil and Administrative Tribunal Act s. 13 1998 PART 5--AMENDMENT TO VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 13 New section 17A inserted See: After section 17 of the Victorian Civil and Act No. 5 53/1998. Administrative Tribunal Act 1998 insert-- Reprint No. 5 as at "17A Salary sacrifice 1 April 2007 and (1) A member may by notice in writing to the amending Act Nos Attorney-General enter into an arrangement 97/2005, under which the member agrees to receive 16/2006, 10 23/2006, the whole or part of his or her total amount 24/2006, of future remuneration as a member as non- 48/2006, 69/2006, salary benefits of an equivalent value. 24/2007, 26/2007, (2) The notice must specify a date from which 28/2007, 4/2008, the arrangement is to take effect which must 15 44/2008, be the date on which the notice is given or a 46/2008, 52/2008 and later date. 67/2008. LawToday: (3) A member may vary or revoke a notice he or www. she has given under subsection (1) by notice legislation. vic.gov.au in writing to the Attorney-General. 20 (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. 25 (5) If, before the commencement of section 13 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a member entered into an arrangement under which the member agreed to receive the 30 whole or part of his or her total amount of salary as a member as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to 561310B.I-2/12/2008 18 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 5--Amendment to Victorian Civil and Administrative Tribunal Act s. 13 1998 its tenor as if it had been authorised under this section. (6) On and after the commencement of section 13 of the 2008 Act, an arrangement 5 referred to in subsection (5) may only be varied or revoked in accordance with subsection (3). (7) In subsection (1), non-salary benefits has the same meaning as it has in clauses 3(5) 10 and 3(6) of Schedule 1A to the Public Administration Act 2004.". __________________ 561310B.I-2/12/2008 19 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 6--Amendments to Parliamentary Salaries and Superannuation Act 1968 s. 14 PART 6--AMENDMENTS TO PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 14 New section 7A inserted See: After section 7 of the Parliamentary Salaries Act No. 5 7723. and Superannuation Act 1968 insert-- Reprint No. 9 as at "7A Salary sacrifice 1 December 2005 (1) A member may by notice in writing enter and amending into an arrangement under which the Act Nos member agrees to receive the whole or part 97/2005, 10 4/2007, of his or her total amount of future 41/2007 and remuneration as non-salary benefits of an 12/2008. LawToday: equivalent value. www. legislation. (2) The notice must specify a date from which vic.gov.au the arrangement is to take effect which must 15 be the date on which the notice is given or a later date. (3) A member may by notice in writing vary or revoke a notice he or she has given under subsection (1). 20 (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. 25 (5) A notice under this section must be given to-- (a) in relation to a person who is a member of the Legislative Assembly, the Clerk of the Legislative Assembly; and 30 (b) in relation to a person who is a member of the Legislative Council, the Clerk of the Legislative Council. 561310B.I-2/12/2008 20 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 6--Amendments to Parliamentary Salaries and Superannuation Act 1968 s. 15 (6) This section does not apply to permit an arrangement under this section to salary sacrifice contributions-- (a) to the Parliamentary Contributory 5 Superannuation Fund; or (b) to the chosen fund or default fund under Part 4. (7) If, before the commencement of section 14 of the Salaries Legislation Amendment 10 (Salary Sacrifice) Act 2008 (the 2008 Act), a member entered into an arrangement under which the member agreed to receive the whole or part of his or her total amount of salary as a member as non-salary benefits of 15 an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. 20 (8) On and after the commencement of section 14 of the 2008 Act, an arrangement referred to in subsection (7) may only be varied or revoked in accordance with subsection (3). 25 (9) In subsection (1), non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.". 15 Application of Consolidated Fund 30 In section 9(1) of the Parliamentary Salaries and Superannuation Act 1968, after "Part" insert "(including the amount of any non-salary benefits and any amount salary sacrificed under Part 4)". 561310B.I-2/12/2008 21 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 6--Amendments to Parliamentary Salaries and Superannuation Act 1968 s. 16 16 Salary sacrifice (1) In sections 41(1) and 41(6) of the Parliamentary Salaries and Superannuation Act 1968, omit "signed by the member". 5 (2) For section 41(2) of the Parliamentary Salaries and Superannuation Act 1968 substitute-- "(2) An election under subsection (1) can only be made in respect of a member's future parliamentary salary.". 10 (3) For section 41(3)(a) of the Parliamentary Salaries and Superannuation Act 1968 substitute-- "(a) specify an amount of his or her parliamentary salary, which must not exceed 15 50% of that salary, which is to be used to make member contributions;". (4) For section 41(8) of the Parliamentary Salaries and Superannuation Act 1968 substitute-- "(8) The member may revoke a notice he or she 20 has given under subsection (1) by notice in writing given to the administering authority.". (5) After section 41(10) of the Parliamentary Salaries and Superannuation Act 1968 insert-- 25 "(11) An election made by a member under this section as in force before the commencement of section 16 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 is deemed to have and always to have had full 30 effect according to its tenor as if it had been made under this section as amended by that section 16.". __________________ 561310B.I-2/12/2008 22 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 7--Amendment to Attorney-General and Solicitor-General Act 1972 s. 17 PART 7--AMENDMENT TO ATTORNEY-GENERAL AND SOLICITOR-GENERAL ACT 1972 17 New section 7 inserted After section 6 of the Attorney-General and See: Act No. 5 Solicitor-General Act 1972 insert-- 8305. Reprint No. 2 "7 Salary sacrifice as at 17 June 2003 (1) The Solicitor-General may by notice in and amending writing to the Attorney-General enter into an Act Nos arrangement under which the Solicitor- 79/2006 and 23/2008. 10 General agrees to receive the whole or part LawToday: of his or her total amount of future salary as www. legislation. non-salary benefits of an equivalent value. vic.gov.au (2) The notice must specify a date from which the arrangement is to take effect which must 15 be the date on which the notice is given or a later date. (3) A member may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General. 20 (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. 25 (5) In this section non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.". __________________ 561310B.I-2/12/2008 23 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 8--Amendments to Public Administration Act 2004 s. 18 PART 8--AMENDMENTS TO PUBLIC ADMINISTRATION ACT 2004 18 New section 115A inserted See: After section 115 of the Public Administration Act No. 5 108/2004. Act 2004 insert-- Reprint No. 1 as at "115A Salary sacrifice by office holders 11 October 2006 Schedule 1A has effect. and amending Act Nos 23/2006, 24/2006, 43/2006, 28/2007, 58/2007, 4/2008 and 24/2008. LawToday: www. legislation. vic.gov.au 19 New Schedule 1A inserted After Schedule 1 to the Public Administration 10 Act 2004 insert-- "SCHEDULE 1A SALARY SACRIFICE BY OFFICE HOLDERS 1 Definitions (1) In this Schedule-- 15 commencement day means the date of commencement of section 18 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008; 561310B.I-2/12/2008 24 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 8--Amendments to Public Administration Act 2004 s. 19 office holder means-- (a) a prerogative officer holder appointed by the Governor in Council under section 88 of the 5 Constitution Act 1975; (b) a person appointed to a public office whose remuneration is-- (i) fixed by the Act establishing the office; 10 (ii) fixed in the person's instrument of appointment or determined from time to time in accordance with that instrument; 15 (iii) fixed or determined by the Governor in Council (whether at the time of appointment or from time to time); 20 (iv) fixed by a Minister (whether at the time of appointment or from time to time); relevant Minister in relation to an office holder means the Minister 25 administering the Act under which the office holder is appointed; remuneration includes salary or fee. 2 Application of Schedule This Schedule does not apply to-- 30 (a) a judge or acting judge; (b) a magistrate or acting magistrate; (c) a master or Associate Judge of the Supreme Court; 561310B.I-2/12/2008 25 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 8--Amendments to Public Administration Act 2004 s. 19 (d) a master or associate judge of the County Court; (e) a member of the Victorian Civil and Administrative Tribunal; 5 (f) the Solicitor-General; (g) the Auditor-General; (h) the Director of Public Prosecutions; (i) the Chief Crown Prosecutor, an Acting Chief Crown Prosecutor, a Crown 10 Prosecutor or an Associate Crown Prosecutor. 3 Salary sacrifice (1) An office holder may by notice in writing to the relevant Minister enter into an 15 arrangement under which the office holder agrees to receive the whole or part of his or her total amount of future remuneration as non-salary benefits of an equivalent value. (2) The notice must specify a date from which 20 the arrangement is to take effect which must be the date on which the notice is given or a later date. (3) An office holder may vary or revoke a notice he or she has given under subclause (1) by 25 notice in writing to the relevant Minister. (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later 30 date. (5) In this clause, non-salary benefits means superannuation contributions or other benefits of a kind that could be the subject of a salary sacrifice arrangement under the rules 561310B.I-2/12/2008 26 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 8--Amendments to Public Administration Act 2004 s. 19 or arrangements applying to salary sacrifice by an executive but does not include-- (a) superannuation contributions to a superannuation fund established by or 5 under an Act unless that Act expressly authorises such an arrangement; or (b) superannuation contributions to a superannuation fund unless-- (i) the fund will accept the 10 contributions; and (ii) the fund is a complying superannuation fund within the meaning of section 45 of the Superannuation Industry 15 (Supervision) Act 1993 of the Commonwealth. (6) For the purposes of this clause, in subclause (5) non-salary benefits includes any taxes, costs or charges associated with the salary 20 sacrifice arrangement. 4 Authorisation of past arrangements (1) This clause applies to an office holder who, before the commencement day, entered into an arrangement under which the office 25 holder agreed to receive the whole or part of his or her total amount of remuneration as non-salary benefits of an equivalent value. (2) An arrangement referred to in subclause (1), by virtue of this subclause, has and is 30 deemed always to have had full effect according to its tenor as if it had been authorised under clause 3. 561310B.I-2/12/2008 27 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 8--Amendments to Public Administration Act 2004 s. 19 (3) On and after the commencement day, an arrangement referred to in subclause (1) may only be varied or revoked in accordance with clause 3. 5 __________________". __________________ 561310B.I-2/12/2008 28 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 9--Amendments to Public Prosecutions Act 1994 s. 20 PART 9--AMENDMENTS TO PUBLIC PROSECUTIONS ACT 1994 20 New section 15A inserted After section 15 of the Public Prosecutions Act See: Act No. 5 1994 insert-- 43/1994. Reprint No. 3 "15A Salary sacrifice--Chief Crown Prosecutor as at 21 March (1) The Chief Crown Prosecutor may by notice 2007 and in writing to the Attorney-General enter into amending an arrangement under which the Chief Act No. 23/2008. 10 Crown Prosecutor agrees to receive the LawToday: whole or part of his or her total amount of www. legislation. future salary as a Chief Crown Prosecutor as vic.gov.au non-salary benefits of an equivalent value. (2) The notice must specify a date from which 15 the arrangement is to take effect which must be the date on which the notice is given or a later date. (3) The Chief Crown Prosecutor may vary or revoke a notice he or she has given under 20 subsection (1) by notice in writing to the Attorney-General. (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the 25 date on which the notice is given or a later date. (5) If, before the commencement of section 20 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), 30 a Chief Crown Prosecutor entered into an arrangement under which the Chief Crown Prosecutor agreed to receive the whole or part of his or her total amount of salary as Chief Crown Prosecutor as non-salary 561310B.I-2/12/2008 29 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 9--Amendments to Public Prosecutions Act 1994 s. 21 benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been 5 authorised under this section. (6) On and after the commencement of section 20 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with 10 subsection (3). (7) In subsection (1) non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.". 15 21 New section 19A inserted After section 19 of the Public Prosecutions Act 1994 insert-- "19A Salary sacrifice--Acting Chief Crown Prosecutor 20 (1) An Acting Chief Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Acting Chief Crown Prosecutor agrees to receive the whole or part of his or her total 25 amount of future remuneration as Acting Chief Crown Prosecutor as non-salary benefits of an equivalent value. (2) The notice must specify a date from which the arrangement is to take effect which must 30 be the date on which the notice is given or a later date. (3) An Acting Chief Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the 35 Attorney-General. 561310B.I-2/12/2008 30 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 9--Amendments to Public Prosecutions Act 1994 s. 22 (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later 5 date. (5) If, before the commencement of section 21 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), an Acting Chief Crown Prosecutor entered 10 into an arrangement under which the Acting Chief Crown Prosecutor agreed to receive the whole or part of his or her total amount of remuneration as Acting Chief Crown Prosecutor as non-salary benefits of an 15 equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. 20 (6) On and after the commencement of section 21 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3). 25 (7) In subsection (1) non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.". 22 New section 32A inserted 30 After section 32 of the Public Prosecutions Act 1994 insert-- "32A Salary sacrifice--Crown Prosecutors (1) A Crown Prosecutor may by notice in writing to the Attorney-General enter into an 35 arrangement under which the Crown Prosecutor agrees to receive the whole or 561310B.I-2/12/2008 31 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 9--Amendments to Public Prosecutions Act 1994 s. 22 part of his or her total amount of future remuneration as Crown Prosecutor as non- salary benefits of an equivalent value. (2) The notice must specify a date from which 5 the arrangement is to take effect which must be the date on which the notice is given or a later date. (3) A Crown Prosecutor may vary or revoke a notice he or she has given under subsection 10 (1) by notice in writing to the Attorney- General. (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the 15 date on which the notice is given or a later date. (5) If, before the commencement of section 22 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), 20 a Crown Prosecutor entered into an arrangement under which the Crown Prosecutor agreed to receive the whole or part of his or her total amount of remuneration as a Crown Prosecutor as non- 25 salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. 30 (6) On and after the commencement of section 22 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3). 561310B.I-2/12/2008 32 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 9--Amendments to Public Prosecutions Act 1994 s. 23 (7) In subsection (1) non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.". 5 23 New section 36BA inserted After section 36B of the Public Prosecutions Act 1994 insert-- "36BA Salary sacrifice (1) An Associate Crown Prosecutor may by 10 notice in writing to the Attorney-General enter into an arrangement under which the Associate Crown Prosecutor agrees to receive the whole or part of his or her total amount of future remuneration as Associate 15 Crown Prosecutor as non-salary benefits of an equivalent value. (2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a 20 later date. (3) An Associate Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General. 25 (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. 30 (5) If, before the commencement of section 23 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), an Associate Crown Prosecutor entered into an arrangement under which the Associate 35 Crown Prosecutor agreed to receive the whole or part of his or her total amount of 561310B.I-2/12/2008 33 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 9--Amendments to Public Prosecutions Act 1994 s. 23 remuneration as Associate Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to 5 have had full effect according to its tenor as if it had been authorised under this section. (6) On and after the commencement of section 23 of the 2008 Act, an arrangement referred to in subsection (5) may only be 10 varied or revoked in accordance with subsection (3). (7) In subsection (1), non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public 15 Administration Act 2004.". __________________ 561310B.I-2/12/2008 34 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Part 10--Repeal of Amending Act s. 24 PART 10--REPEAL OF AMENDING ACT 24 Repeal of amending Act This Act is repealed on the first anniversary of the day on which all of its provisions are in operation. 5 Note The repeal this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 561310B.I-2/12/2008 35 BILL LA INTRODUCTION 2/12/2008

 


 

Salaries Legislation Amendment (Salary Sacrifice) Bill 2008 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561310B.I-2/12/2008 36 BILL LA INTRODUCTION 2/12/2008

 


 

 


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