Salaries Legislation Amendment (Salary Sacrifice) Act 2008

i Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 TABLE OF PROVISIONS Section 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 -- 1 of 38 -- Section Page ii 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 -- 2 of 38 -- 1 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 † No. 83 of 2008 [Assented to 11 December 2008] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to permit salary sacrifice arrangements by judges and magistrates, masters and associate judges by amending the Constitution Act 1975, the County Court Act 1958 and the Magistrates' Court Act 1989; Victoria -- 3 of 38 -- Part 1—Preliminary Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 2 (b) to amend the Victorian Civil and Administrative Tribunal Act 1998 to 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 Parliament; (d) to amend the Attorney-General and Solicitor-General Act 1972 to permit salary sacrifice arrangements by the Solicitor- General; (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 Crown Prosecutors; (g) to validate and save existing salary sacrifice arrangements entered into by those office holders. 2 Commencement (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 Assent; and (b) the day on which section 9 of the Courts Legislation Amendment (Associate Judges) Act 2008 comes into operation. s. 2 -- 4 of 38 -- Part 1—Preliminary Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 3 (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 Legislation Amendment (Associate Judges) Act 2008 comes into operation. __________________ s. 2 -- 5 of 38 -- Part 2—Amendments to Constitution Act 1975 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 4 PART 2—AMENDMENTS TO CONSTITUTION ACT 1975 3 Salary sacrifice arrangements for Judges of the Supreme Court (1) After section 82(3) of the Constitution Act 1975 insert— "(4) A Judge of the Court may by notice in writing to the Attorney-General enter into an arrangement under which the Judge agrees to receive the whole or part of his or her total amount of future salary as non-salary benefits of an equivalent value. (5) 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. (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. (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.". (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 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)". s. 3 See: Act No. 8750. Reprint No. 18 as at 31 October 2006 and amending Act Nos 24/2006, 24/2007, 23/2008, 24/2008 and 38/2008. LawToday: www. legislation. vic.gov.au -- 6 of 38 -- Part 2—Amendments to Constitution Act 1975 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 5 (4) After section 82(7) of the Constitution Act 1975 insert— "(7A) If, before the commencement of section 3 of the Salaries Legislation Amendment (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 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. (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).". (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 Act 2004.". 4 Salary sacrifice arrangements for acting Judges of the Supreme Court (1) After section 80D(11) of the Constitution Act 1975 insert— "(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 not payable at a sessional rate) as non-salary benefits of an equivalent value. s. 4 -- 7 of 38 -- Part 2—Amendments to Constitution Act 1975 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 6 (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. (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 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 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— "(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 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 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 in subsection (15) may only be varied or s. 4 -- 8 of 38 -- Part 2—Amendments to Constitution Act 1975 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 7 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 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 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 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 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 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 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 into the arrangement.". s. 5 -- 9 of 38 -- Part 2—Amendments to Constitution Act 1975 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 8 (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 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 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 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 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 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"; (b) in subsection (2A) for "a master" substitute "an Associate Judge"; (c) in subsections (2A) and (3A) for "the master" substitute "the Associate Judge". __________________ s. 6 -- 10 of 38 -- Part 3—Amendments to County Court Act 1958 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 9 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 1958 insert— "(4) A judge may by notice in writing to the Attorney-General enter into an arrangement under which the judge agrees to receive the whole or part of his or her total amount of future salary as a judge as non-salary benefits of an equivalent value. (5) 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. (5A) A judge may vary or revoke a notice he or she has given under subsection (4) by notice in writing to the Attorney-General. (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.". (2) After section 10(6B) of the County Court Act 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 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)". See: Act No. 6230. Reprint No. 12 as at 28 April 2006 and amending Act Nos 22/2007, 50/2007, 24/2007, 26/2007, 28/2007, 8/2008, 23/2008, 24/2008 and 51/2008. LawToday: www. legislation. vic.gov.au s. 7 -- 11 of 38 -- Part 3—Amendments to County Court Act 1958 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 10 (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 (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 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. (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).". (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 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— "(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 not payable at a sessional rate) as non-salary benefits of an equivalent value. s. 8 -- 12 of 38 -- Part 3—Amendments to County Court Act 1958 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 11 (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. (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 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 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— "(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 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 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 in subsection (15) may only be varied or s. 8 -- 13 of 38 -- Part 3—Amendments to County Court Act 1958 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 12 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 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 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 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 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 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 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 into the arrangement.". s. 9 -- 14 of 38 -- Part 3—Amendments to County Court Act 1958 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 13 (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 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 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 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 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 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" 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". __________________ s. 10 -- 15 of 38 -- Part 4—Amendments to Magistrates' Court Act 1989 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 14 PART 4—AMENDMENTS TO MAGISTRATES' COURT ACT 1989 11 Salary sacrifice arrangements for magistrates (1) After clause 4 of Schedule 1 to the Magistrates' Court Act 1989 insert— "5. A magistrate may by notice in writing to the Attorney-General enter into an arrangement under which the magistrate agrees to receive the whole or part of his or her total amount of future salary as a magistrate as non-salary benefits of an equivalent value. 6. 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. 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 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' 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 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)". See: Act No. 51/1989. Reprint No. 14 as at 21 August 2008 and amending Act Nos 77/2004, 51/2006, 12/2008, 34/2008, 38/2008, 52/2008 and 68/2008. LawToday: www. legislation. vic.gov.au s. 11 -- 16 of 38 -- Part 4—Amendments to Magistrates' Court Act 1989 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 15 (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 (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 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. 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 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 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 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. s. 12 -- 17 of 38 -- Part 4—Amendments to Magistrates' Court Act 1989 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 16 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. 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 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 "(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 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 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 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 referred to in clause 13 may only be varied or revoked in accordance with clause 11F. s. 12 -- 18 of 38 -- Part 4—Amendments to Magistrates' Court Act 1989 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 17 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.". __________________ s. 12 -- 19 of 38 -- Part 5—Amendment to Victorian Civil and Administrative Tribunal Act 1998 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 18 PART 5—AMENDMENT TO VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 13 New section 17A inserted After section 17 of the Victorian Civil and Administrative Tribunal Act 1998 insert— "17A Salary sacrifice (1) A member may by notice in writing to the Attorney-General enter into an arrangement under which the member agrees to receive the whole or part of his or her total amount of future remuneration as a member 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 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. (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. (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 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 See: Act No. 53/1998. Reprint No. 5 as at 1 April 2007 and amending Act Nos 97/2005, 16/2006, 23/2006, 24/2006, 48/2006, 69/2006, 24/2007, 26/2007, 28/2007, 4/2008, 44/2008, 46/2008, 52/2008 and 67/2008. LawToday: www. legislation. vic.gov.au s. 13 -- 20 of 38 -- Part 5—Amendment to Victorian Civil and Administrative Tribunal Act 1998 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 19 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 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) and 3(6) of Schedule 1A to the Public Administration Act 2004.". __________________ s. 13 -- 21 of 38 -- Part 6—Amendments to Parliamentary Salaries and Superannuation Act 1968 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 20 PART 6—AMENDMENTS TO PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 14 New section 7A inserted After section 7 of the Parliamentary Salaries and Superannuation Act 1968 insert— "7A Salary sacrifice (1) A member may by notice in writing enter into an arrangement under which the member 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 the arrangement is to take effect which must 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). (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. (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 (b) in relation to a person who is a member of the Legislative Council, the Clerk of the Legislative Council. See: Act No. 7723. Reprint No. 9 as at 1 December 2005 and amending Act Nos 97/2005, 4/2007, 41/2007 and 12/2008. LawToday: www. legislation. vic.gov.au s. 14 -- 22 of 38 -- Part 6—Amendments to Parliamentary Salaries and Superannuation Act 1968 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 21 (6) This section does not apply to permit an arrangement under this section to salary sacrifice contributions— (a) to the Parliamentary Contributory 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 (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 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. (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). (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 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)". s. 15 -- 23 of 38 -- Part 6—Amendments to Parliamentary Salaries and Superannuation Act 1968 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 22 16 Salary sacrifice (1) In sections 41(1) and 41(6) of the Parliamentary Salaries and Superannuation Act 1968, omit "signed by the member". (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.". (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 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 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— "(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 effect according to its tenor as if it had been made under this section as amended by that section 16.". __________________ s. 16 -- 24 of 38 -- Part 7—Amendment to Attorney-General and Solicitor-General Act 1972 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 23 PART 7—AMENDMENT TO ATTORNEY-GENERAL AND SOLICITOR-GENERAL ACT 1972 17 New section 7 inserted After section 6 of the Attorney-General and Solicitor-General Act 1972 insert— "7 Salary sacrifice (1) The Solicitor-General may by notice in writing to the Attorney-General enter into an arrangement under which the Solicitor- General agrees to receive the whole or part of his or her total amount of future salary 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 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. (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. (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.". __________________ See: Act No. 8305. Reprint No. 2 as at 17 June 2003 and amending Act Nos 79/2006 and 23/2008. LawToday: www. legislation. vic.gov.au s. 17 -- 25 of 38 -- Part 8—Amendments to Public Administration Act 2004 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 24 PART 8—AMENDMENTS TO PUBLIC ADMINISTRATION ACT 2004 18 New section 115A inserted After section 115 of the Public Administration Act 2004 insert— "115A Salary sacrifice by office holders Schedule 1A has effect. 19 New Schedule 1A inserted After Schedule 1 to the Public Administration Act 2004 insert— "SCHEDULE 1A SALARY SACRIFICE BY OFFICE HOLDERS 1 Definitions (1) In this Schedule— commencement day means the date of commencement of section 18 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008; See: Act No. 108/2004. Reprint No. 1 as at 11 October 2006 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 s. 18 -- 26 of 38 -- Part 8—Amendments to Public Administration Act 2004 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 25 office holder means— (a) a prerogative officer holder appointed by the Governor in Council under section 88 of the Constitution Act 1975; (b) a person appointed to a public office whose remuneration is— (i) fixed by the Act establishing the office; (ii) fixed in the person's instrument of appointment or determined from time to time in accordance with that instrument; (iii) fixed or determined by the Governor in Council (whether at the time of appointment or from time to time); (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 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— (a) a judge or acting judge; (b) a magistrate or acting magistrate; (c) a master or Associate Judge of the Supreme Court; s. 19 -- 27 of 38 -- Part 8—Amendments to Public Administration Act 2004 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 26 (d) a master or associate judge of the County Court; (e) a member of the Victorian Civil and Administrative Tribunal; (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 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 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 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 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 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 s. 19 -- 28 of 38 -- Part 8—Amendments to Public Administration Act 2004 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 27 or arrangements applying to salary sacrifice by an executive but does not include— (a) superannuation contributions to a superannuation fund established by or 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 contributions; and (ii) the fund is a complying superannuation fund within the meaning of section 45 of the Superannuation Industry (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 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 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 deemed always to have had full effect according to its tenor as if it had been authorised under clause 3. s. 19 -- 29 of 38 -- Part 8—Amendments to Public Administration Act 2004 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 28 (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. __________________". __________________ s. 19 -- 30 of 38 -- Part 9—Amendments to Public Prosecutions Act 1994 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 29 PART 9—AMENDMENTS TO PUBLIC PROSECUTIONS ACT 1994 20 New section 15A inserted After section 15 of the Public Prosecutions Act 1994 insert— "15A Salary sacrifice—Chief Crown Prosecutor (1) The Chief Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Chief Crown Prosecutor agrees to receive the whole or part of his or her total amount of future salary as a 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 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 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 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), 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 See: Act No. 43/1994. Reprint No. 3 as at 21 March 2007 and amending Act No. 23/2008. LawToday: www. legislation. vic.gov.au s. 20 -- 31 of 38 -- Part 9—Amendments to Public Prosecutions Act 1994 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 30 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. (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 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.". 21 New section 19A inserted After section 19 of the Public Prosecutions Act 1994 insert— "19A Salary sacrifice—Acting Chief Crown Prosecutor (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 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 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 Attorney-General. s. 21 -- 32 of 38 -- Part 9—Amendments to Public Prosecutions Act 1994 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 31 (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. (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 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 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. (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). (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 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 arrangement under which the Crown Prosecutor agrees to receive the whole or s. 22 -- 33 of 38 -- Part 9—Amendments to Public Prosecutions Act 1994 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 32 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 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 (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 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), 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- 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. (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). s. 22 -- 34 of 38 -- Part 9—Amendments to Public Prosecutions Act 1994 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 33 (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.". 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 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 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 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. (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. (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 Crown Prosecutor agreed to receive the whole or part of his or her total amount of s. 23 -- 35 of 38 -- Part 9—Amendments to Public Prosecutions Act 1994 Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 34 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 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 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 Administration Act 2004.". __________________ s. 23 -- 36 of 38 -- Part 10—Repeal of Amending Act Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 35 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. 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). ═══════════════ s. 24 -- 37 of 38 -- Salaries Legislation Amendment (Salary Sacrifice) Act 2008 No. 83 of 2008 36 ENDNOTES † Minister's second reading speech— Legislative Assembly: 2 December 2008 Legislative Council: 2 December 2008 The long title for the Bill for this Act was "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." Constitution Act 1975: Absolute majorities: Legislative Assembly: 2 December 2008 Legislative Council: 2 December 2008 Endnotes -- 38 of 38 --