Government Superannuation Fund Amendment Act 1995

1: Short Title and commencement
1: This Act may be cited as the Government Superannuation Fund Amendment Act 1995, and shall be read together with and deemed part of The Government Superannuation Fund Act 1956
2: Except as otherwise provided in sections 2 6 7 8 19 20
1: Amendments to principal Act
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20: Amendment to
Government Superannuation Fund Amendment Act 1972
1: Section 6 Government Superannuation Fund Amendment Act 1972 subsection (6)
2: This section shall be deemed to have come into force on the 1st day of April 1988.
2: General provisions
Transitional provisions relating to restructuring of board and management of fund and schemes
21: Interpretation
In this Part of this Act, unless the context otherwise requires,— Board Instrument
a: Any instrument (other than this Act) of any form or kind that creates, evidences, modifies, or extinguishes rights, interests, or liabilities or would do so if it, or a copy of it, were lodged, filed, or registered under any enactment:
b: Any judgment, order, or process of a court: Liabilities Property
a: Choses in action and money:
b: Goodwill:
c: Rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise, and whether liquidated or unliquidated, actual, contingent, or prospective. 1986 No 129 2 1990 No 126 2
22: Interim management of schemes
The Superintendent shall be deemed to have been appointed by the Minister under section 19
23: Interim management of investment of Fund
The Superintendent shall be deemed to have been appointed by the Minister under section 19
24: Interim custodian of assets of Fund
The Superintendent shall be deemed to have been appointed by the Minister under section 19A
25: Vesting of property and liabilities of Board
1: Without limiting section 19 section 19A
2: This section shall have effect notwithstanding any other enactment or rule of law or agreement.
26: Registers
1: No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged solely by reason of the foregoing provisions of this Act to change the name of the Board to the Superintendent in those books or registers or in any document.
2: The presentation to any registrar or other person of any instrument, whether or not comprising an instrument of transfer,—
a: Executed or purporting to be executed by the Superintendent; and
b: Relating to any property held immediately before the 1st day of October 1995 by the Board; and
c: Containing a recital that the property has vested in the Superintendent by virtue of the provisions of this Act— shall, in the absence of evidence to the contrary, be sufficient proof that the property is vested in the Superintendent. 1986 No 129 11 1990 No 126 33
27: Assets held in Superintendent's name
All assets of the Fund held by the Superintendent shall be held in the name The Superintendent of the Government Superannuation Fund
28: Certain matters not affected by restructuring
Nothing effected or authorised by any provision of this Act in relation to the restructuring of the Board or the restructuring of the management of the Fund or the schemes—
a: Shall be regarded as placing the Crown or the Board (or any member of the Board) or any other person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making any of them guilty of a civil wrong; or
b: Shall be regarded as giving rise to any cause of action against the Crown or the Board or any member of the Board; or
c: Shall be regarded as giving rise to a right for any person to—
i: Terminate or cancel or modify a contract or agreement; or
ii: Enforce or accelerate the performance of an obligation; or
iii: Require the performance of an obligation not otherwise arising for performance; or
d: Shall be regarded as placing the Crown or the Board (or any member of the Board) or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer or issue of any property or the disclosure of any information; or
e: Shall release any surety wholly or in part from all or any obligation; or
f: Shall invalidate or discharge any contract or security. 1990 No 126 23
29: Taxes and duties
For the purposes of the Acts specified in Schedule 1 to The Inland Revenue Department Act 1974
a: A trustee substituted for the Board (as constituted immediately before the commencement of this section) or the previous custodian, as the case may be, as trustee of the Fund:
b: The same person as the Board (as so constituted). Consequential amendments
30: Consequential amendments to principal Act
The principal Act is hereby consequentially amended in the manner indicated in Schedule 3
31: Consequential amendments to other Acts
The enactments specified in Schedule 4
32: Amendments to Higher Salaries Commission Act 1977
1: Section 12(1) Higher Salaries Commission Act 1977 paragraph (ba)
ba: To consider and make determinations with respect to the superannuation rights and obligations of those members of the House of Representatives who are not contributors under Part VI of The Government Superannuation Fund Act 1956 .
2: Section 12B(2) Higher Salaries Commission Act 1977 paragraph (b)
b: The superannuation rights and obligations of those judicial officers specified in subsection (1) of this section Part IV Part V Part VA of The Government Superannuation Fund Act 1956 .
33: References to Board in enactments and instruments
Unless the context otherwise requires, every reference in any enactment (other than this Act) or in any regulation, order, or notice made or given under any such enactment, or in any instrument to the Board shall be read and construed as a reference to the Superintendent.