National Security (Supplementary) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 127.

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1943.

Dated this twenty-second day of August, 1944.

GOWRIE

Governor-General.

By His Excellency’s Command,

ARTHUR S. DRAKEFORD

for Minister of State for Defence.

 

Amendment of the National Security (Supplementary) Regulations.

The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—

Superannuation rights of certain airmen.

“128.—(1.) Where a person is enlisted in or appointed to the Citizen Air Force and, immediately prior to that enlistment or appointment, he was, by reason of his being a member of the Permanent Air Force, an employee within the meaning of section 60a of the Superannuation Act 1922-1943 and a contributor under that Act, he shall, notwithstanding his discharge from the Permanent Air Force, continue to be an employee within the meaning of that section while he remains a member of the Citizen Air Force, and the provisions of that Act shall apply to him accordingly.

“(2.) A person to whom the provisions of the last preceding sub-regulation would be applicable but for the fact that his enlistment in, or

 

* Notified in the Commonwealth Gazette on 24th August, 1944.

Statutory Rules 1940, No. 126, as amended to date. For previous National security (Supplementary) Regulations, see footnote   to Statutory Rules 1944, No. 2, and see also Statutory Rules 1944, Nos. 5, 43, 45, 58, 62, 66, 74, 81, 88, 92 and 104.

6224.—Price 3d.

appointment to, the Citizen Air Force took place before the commencement of this regulation may, by notice in writing to the Superannuation Board, within six months after the commencement of this regulation, elect—

(a) to continue his contributions under the Superannuation Act 1922-1943 as if he had in fact remained, or

(b) to contribute under that Act as if, upon making that election, he had in fact become,

an employee within the meaning of section 60a of that Act, and, thereupon, he shall be deemed to be, while he remains a member of the Citizen Air Force, and at all times after his election to have been, an employee within the meaning of section 60a of the Superannuation Act 1922-1943, and the provisions of that Act shall apply to him accordingly.

“(3.) Any person who elects, in accordance with sub-regulation (2.) of this regulation, to continue his contributions under the Superannuation Act 1922-1943 as if he had in fact remained an employee within the meaning of section 60a of that Act, shall be liable to repay to the Superannuation Board the amount of any refund of his contributions upon his discharge from the Permanent Air Force and to contribute the contributions which would have been payable by him if he had so remained up to the date of his election.

“(4.) Where any person would have been eligible to make an election under sub-regulation (2.) of this regulation if he had not died while still a member of the Citizen Air Force, his legal personal representative or his widow may, by notice in writing to the Superannuation Board, within six months after the commencement of this regulation, pay, or undertake to pay, to the Superannuation Board the amount of—

(a) any refund of contributions made to the deceased upon his discharge from the Permanent Air Force; and

(b) the contributions which would have been payable by the deceased if he had remained an employee within the meaning of section 60a of the Superannuation Act 1922-1943 up to the date of his death,

and, thereupon, the deceased shall be deemed to have continued to be an employee within the meaning of that section from the date of his discharge from the Permanent Air Force until the date of his death, and the provisions of that Act shall apply to, and in relation to, him accordingly”.

 

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.