Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973 (Cth)

Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973

Statutory Rules No. 239, 1973

made under the

Papua New Guinea (Staffing Assistance) Act 1973

Compilation No. 8

Compilation date: 1 April 2025

Includes amendments: F2025L00179

About this compilation

This compilation

This is a compilation of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973 that shows the text of the law as amended and in force on 1 April 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

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Part IPreliminary1Name of Regulations

These Regulations are the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973.

4Interpretation

(1)
In these Regulations, unless the contrary intention appears:
children includes children adopted by a contributor or by a contributor to the Provident Account and dependent on him at the time of his death.
continuing contributor means a person who, by virtue of regulation 9, continues, on and after 1 July 1976, to make contributions for a pension payable under these Regulations.
minimum number of units, in relation to a contributor:
1. (a)
  means the number of units (not including reserve units or non‑contributory units) provided by a contribution equal to one‑tenth of the salary of the contributor; or
2. (b)
  if a contribution equal to one‑tenth of the salary of the contributor would provide a number of units (not including reserve units or non‑contributory units) and a fraction of a unit—means that number of units and does not include that fraction of a unit.
non‑contributory unit means a unit of pension which is applicable to a contributor by virtue of regulation 13.
pension:
1. (a)
  means a pension payable under these Regulations; and
2. (b)
  includes:
  1. (i)
    an associate pension under regulation 91; and
  2. (ii)
    a pension payable, before the commencement of these Regulations, under the Superannuation Ordinance, being a pension that is preserved and continued in existence by, and payable under, these Regulations.
pensioner means a person in receipt of a pension.
reserve unit means a unit of pension to which Division 5 of Part II applies.
salary, in relation to a continuing contributor, means the amount determined from time to time under regulation 4B as his salary for the purposes of these Regulations.
service means continuous service as an employee under Part II of the Act and includes continuous service that was service within the meaning of the Superannuation Ordinance.
serving employee means an employee who, immediately before the commencement of the Superannuation (Papua New Guinea) Ordinance 1951, was a contributor under the Superannuation Ordinance 1917‑1955 of the Territory of Papua, the Superannuation Ordinance 1928‑1955 of the Territory of New Guinea or the Superannuation Ordinances 1951.
student child means a child who has attained the age of sixteen years and is under the age of twenty‑one years, and is receiving full‑time education at a school, college or university.
Superannuation Ordinance means the Superannuation (Papua New Guinea) Ordinance 1951‑1973.
the Act means the Papua New Guinea (Staffing Assistance) Act 1973.
the maximum age for retirement means:
1. (a)
  in the case of a male contributor who made an election under regulation 16 of these Regulations as in force at any time before 1 July 1976 (other than a contributor in relation to whom subregulation 9(6) of these Regulations as in force on 30 June 1976 continues to apply)—the age of fifty‑five years;
2. (b)
  in the case of a female contributor who made an election under regulation 16 of these Regulations as in force at any time before 1 July 1976 (other than a contributor in relation to whom subregulation 9(6) of these Regulations as in force on 30 June 1976 continues to apply)—the age of fifty years;
3. (c)
  in the case of a contributor in relation to whom subregulation 9(6) of these Regulations as in force on 30 June 1976 continues to apply—the age at which he resigns or retires;
4. (d)
  in the case of any other male contributor—the age of sixty years; and
5. (e)
  in the case of any other female contributor—the age of fifty‑five years.
(2)
In these Regulations, a reference to an Ordinance is a reference to an Ordinance of Papua New Guinea as amended and in force at the relevant time.
(3)
A reference in these Regulations to the retirement of an employee upon his attaining the maximum age for retirement includes a reference to the case of an employee whose retirement takes place on the day before he attains that age.
(4)
For the purposes of the Act, a person who, immediately before the commencement of the Superannuation (Papua and New Guinea) Ordinance 1955, contributed to the Superannuation Fund or to the Provident Account as if he were an employee shall be deemed, during the period for which he was so contributing, to have been an employee.
(5)
In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule to these Regulations so numbered.
(6)
Unless the contrary intention appears, in the application of these Regulations on and after 1 July 1976 in relation to a continuing contributor:
1. (a)
  a reference to the Board shall be read as a reference to the Commissioner; and
2. (b)
  a reference to an employee or a contributor shall be read as a reference to a continuing contributor.

4AMeaning of retirement, resignation etc

(1)
In the application of these Regulations on and after 1 July 1976 in relation to a continuing contributor:
1. (a)
  a reference to his retirement shall, unless the contrary intention appears, be read as a reference to the completion by him of the term of the first contract of employment entered into by him with the Government of Papua New Guinea or, if that term would expire after 30 June 1978, as a reference to the completion by him of a period of service in pursuance of that contract ending on that date; and
2. (b)
  a reference to his resignation shall be read as a reference to the voluntary termination by him of that contract before the expiration of the term of that contract.
(2)
Where the contract of employment that a continuing contributor has entered into with the Government of Papua New Guinea is terminated in circumstances that, if that employment were employment under Part II of the Papua New Guinea (Staffing Assistance) Act 1973 as amended and in force on 30 June 1976, would be treated as retirement, retrenchment or dismissal, these Regulations shall, in their application, on and after 1 July 1976, to that continuing contributor, apply as if that termination was retirement, retrenchment or dismissal, as the case requires, in relation to employment under that Part.

4BSalary

(1)
The Commissioner shall, from time to time as circumstances require, determine, as the salary of a continuing contributor for the purposes of these Regulations, an amount ascertained by adding to the basic former salary of that continuing contributor an amount, or the sum of the amounts, by which a comparable salary payable to an officer of the Australian Public Service has been increased since the relevant date, and the Commissioner shall specify in the determination the date on which the last increase in a comparable salary payable to such an officer taken into account in making the determination took effect.
(2)
Where the Commissioner has made a determination under this regulation in relation to a continuing contributor, for the purposes of these Regulations the salary of that continuing contributor shall, during the period from and including the date specified in that determination in pursuance of subregulation (1) to and including the date immediately preceding the date on which:
1. (a)
  he ceases to be a continuing contributor; or
2. (b)
  another determination under this regulation is made in relation to him;
as the case may be, be deemed to be the amount so determined.
(3)
In determining, in relation to a continuing contributor, the amount referred to in subregulation (1), the Commissioner shall disregard any increase in the salary of that continuing contributor since the relevant date attributable to promotions received by him in the course of his service in pursuance of a contract of employment entered into by him with the Government of Papua New Guinea.
(4)
In this regulation:
basic former salary, in relation to a continuing contributor, means the salary that was payable to him on the relevant date in respect of his employment under Part II of the Papua New Guinea (Staffing Assistance) Act 1973 as amended and in force on that date.
relevant date means:
1. (a)
  in the case of a continuing contributor who, at any time during the period commencing on 1 July 1975 and ending on 30 June 1976, commenced service in pursuance of a contract of employment entered into by him with the Government of Papua New Guinea—the date immediately preceding the date on which he commenced that service; or
2. (b)
  in any other case—30 June 1976.

5Employees appointed to statutory offices

(1)
Where at any time after 9 August 1951 a contributor has been or is appointed for a term of years to a statutory office in Papua New Guinea, he shall, for the purposes of these Regulations, be deemed, so long as he continues to be employed in that office (whether during, or after the expiration of, the term for which he was appointed), to be, and at all times since his appointment to that office to have been, an employee, and the cessation of that employment (otherwise than by retrenchment, discharge, dismissal or resignation) shall be deemed to be retirement for the purposes of these Regulations.
(2)
If the retirement referred to in subregulation (1) takes place at an earlier age than the maximum age for retirement, and is not on the ground of the employee’s invalidity or physical or mental incapacity to perform his duties, it shall be deemed to be the retirement of a contributor before attaining the maximum age for retirement for the purposes of regulation 32, and the provisions of that regulation shall apply accordingly.
(3)
Notwithstanding anything contained in subregulations (1) and (2), if an employee who is the holder of a statutory office gives notice in writing to the authority administering the Ordinance under which he was appointed, that he does not desire re‑appointment at the expiration of the term for which he was appointed, the notice shall, unless he has attained:
1. (a)
  in the case of a male, the age of fifty years or, in the case of a female, the age of forty‑five years; or
2. (b)
  the age of retirement (if any) fixed by law in respect of that statutory office;
be deemed to be resignation for the purposes of regulation 39 or 76, as the case may be.

6Certain temporary employees to be deemed to be employees

(1)
Where:
1. (a)
  a person who was, immediately before the commencement of these Regulations, employed by the Administration of Papua New Guinea otherwise than in a permanent capacity was by the terms of his employment required to give the whole of his time to the duties of his employment;
2. (b)
  that person had been so employed for a continuous period of not less than three years;
3. (c)
  the prescribed officer or, on appeal from the prescribed officer, the Administrator, certified that that person’s employment was likely to be continued, in the case of a male, until he reaches the age of fifty‑five years or, in the case of a female, until she reaches the age of fifty years; and
4. (d)
  the Administrator had, by notice in the Papua New Guinea Government Gazette, declared that that person shall be deemed to be an employee within the meaning of section 4 of the Superannuation Ordinance;
that person shall be deemed to be an employee within the meaning of these Regulations.
(2)
Where:
1. (a)
  a person employed, on the date of commencement of the Superannuation (Papua and New Guinea) Ordinance (No. 2) 1957, by that Administration otherwise than in a permanent capacity was by the terms of his employment required to give the whole of his time to the duties of his employment;
2. (b)
  that person had been so employed for a continuous period of not less than three years;
3. (c)
  that person had applied within six months after that date to the Administrator for a declaration under subsection 4B(2) of the Superannuation Ordinance;
4. (d)
  that person had already been so employed for a period of not less than ten years or the Administrator was satisfied that that person’s employment was likely to be continued for a period which when added to the period during which that person had already been employed would result in the person having been employed for a period of not less than ten years; and
5. (e)
  the Administrator had, by notice in the Papua New Guinea Government Gazette, declared that that person shall be deemed to be an employee within the meaning of section 4 of the Superannuation Ordinance;
that person shall be deemed to be an employee within the meaning of these Regulations.

7Employment by approved authority

Where a person employed by the Papua New Guinea Electricity Commission was required by the terms of his employment to give the whole of his time to the duties of his office and:
(a)
that person had, immediately before the commencement of these Regulations, been employed on such terms by the Administration of Papua New Guinea or that Commission, or both, for a continuous period of not less than three years and that Commission certified that that person’s employment was likely to be continued, in the case of a male, until he reaches the age of fifty‑five years or, in the case of a female, until she reaches the age of fifty years;
(b)
that person was, immediately before commencing his employment with that Commission, and had been for not less than six months, a contributor to a State Fund as defined in section 78 of the Superannuation Ordinance, or a Public Service Superannuation Fund as defined in section 82A of that Ordinance; or
(c)
the Administrator had, by notice in the Papua New Guinea Government Gazette, on the recommendation of that Commission, directed that that person be deemed to be an employee within the meaning of section 4 of that Ordinance;
that person shall be deemed to be an employee within the meaning of these Regulations.

8Female employee who marries

A female employee who marries after the commencement of these Regulations shall, for the purposes of these Regulations, be deemed to have resigned on the date of her marriage.

8AReports for previous years

(1)
The Commissioner shall, as soon as practicable, prepare a report on the operations of the Superannuation Board during the year ended on 30 June 1973 and on the general administration and operation of Parts V, VI and IX of the Act during each relevant financial year, and furnish the report to the Minister.
(2)
The Minister shall cause a copy of the Commissioner’s report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.
(3)
In subregulation (1), relevant financial year means the year ended on 30 June 1974, the year ended on 30 June 1975 and the year ended on 30 June 1976.

Part II—Contributions

Division 1—Contributions by continuing contributors

9Contributions by continuing contributors

(1)
A person who:
1. (a)
  on or before 1 July 1976, commenced service in pursuance of a contract of employment entered into by him with the Government of Papua New Guinea;
2. (b)
  was, immediately before the date on which he commenced that service, a contributor within the meaning of these Regulations as in force immediately before the last‑mentioned date; and
3. (c)
  made, on or before the date on which he commenced that service, an election to continue to make contributions for a pension payable under these Regulations;
may, subject to subregulation (4), continue, on and after 1 July 1976, to make contributions for a pension payable under these Regulations.
(2)
An election referred to in paragraph (1)(c) is irrevocable.
(3)
Contributions under this regulation shall be paid to the Commonwealth.
(4)
A continuing contributor is not entitled to make contributions under this regulation after:
1. (a)
  the date on which the contract of employment referred to in subregulation (1) entered into by him with the Government of Papua New Guinea is terminated (whether the term of that contract has expired or not); or
2. (b)
  30 June 1978;
whichever is the earlier.

Division 2—Scale of units

Subdivision 1Contributory units10Scale of units of pension

(1)
Subject to these Regulations, contributions by an employee shall be for units of pension.
(2)
Subject to these Regulations, the number of units of pension, ignoring any fraction of a unit, for which an employee shall contribute at any time is:
1. (a)
  in the case of an employee to whom paragraph (b) does not apply:
  1. (i)
    if the salary of the employee does not exceed the prescribed amount—the number of units ascertained in accordance with the formula
    ; or
  2. (ii)
    if the salary of the employee exceeds the prescribed amount—the amount of units ascertained in accordance with the formula
    ; or
2. (b)
  in the case of an employee:
  1. (i)
    who became an employee on or after 21 April 1960;
  2. (ii)
    whose salary exceeds Two thousand six hundred dollars; and
  3. (iii)
    the number of years of whose prospective service is less than twenty;
the number of units ascertained in accordance with the formula
.
(3)
For the purpose of the application at any time, in relation to an employee, of a formula contained in subregulation (2):
1. (a)
  A is the number of dollars in the salary of an employee at that time;
2. (b)
  B is the number of dollars in the prescribed amount;
3. (c)
  C is the number of dollars in the amount by which the salary of the employee at that time exceeds the prescribed amount;
4. (d)
  D is the number by which the number of years of prospective service of the employee at that time exceeds ten; and
5. (e)
  E is the number of units of pension for which the employee would be required to contribute at that time under paragraph 2(a) if that paragraph were applicable to him.
(4)
For the purposes of subregulations (2) and (3), the prescribed amount is:
1. (a)
  in relation to any time during the period that commenced on 19 August 1976 and ended on 24 November 1976—$15,340;
2. (b)
  in relation to any time during the period that commenced on 25 November 1976 and ended on 30 March 1977—$15,730;
3. (c)
  in relation to any time during the period that commenced on 31 March 1977 and ended on 25 May 1977—$15,990;
4. (d)
  in relation to any time during the period that commenced on 26 May 1977 and ended on 31 August 1977—$16,250;
5. (e)
  in relation to any time during the period that commenced on 1 September 1977 and ended on 21 December 1977—$16,510;
6. (f)
  in relation to any time during the period that commenced on 22 December 1977 and ended on 1 March 1978—$16,770;

1. (g)
  in relation to any time during the period that commenced on 2 March 1978 and ended on 7 June 1978—$16,900; and
(h) in relation to any time after 7 June 1978—$17,160.
(5)
Subject to these Regulations, a contributor is not eligible or required to begin to contribute for an additional unit of pension as from a date after he has attained the maximum age for retirement.
(6)
The number of units of pension (other than non‑contributory units) for which an employee would otherwise be required to contribute at any time shall be reduced by the number of units of pension (if any) by which the number of units of pension (including non‑contributory units) to which he was entitled immediately before that time exceeds the aggregate of:
1. (a)
  the number of units of pension for which he was then a contributor; and
2. (b)
  the number of non‑contributory units that were then applicable to him.
(7)
Where the salary of an employee whose requirement to contribute is reduced under subregulation (6) is increased and the employee does not make an election under regulation 11, he may, within twelve months from the date upon which payment of the increased salary rate is approved or twelve months from the date upon which salary at the increased rate becomes payable, whichever is the later, elect to contribute for such number of additional units of pension (not being non‑contributory units) as, together with the aggregate of:
1. (a)
  the number of units of pension for which he was a contributor immediately before the increase; and
2. (b)
  the number of non‑contributory units that were applicable to him immediately before the increase;
does not exceed the aggregate of:
1. (c)
  the number of units of pension to which he was entitled immediately after the increase; and
2. (d)
  the number of non‑contributory units that were applicable to him immediately after the increase.
(8)
In calculating entitlement for the purposes of subregulations (6) and (7), no account shall be taken of any election to reduce the number of units except in direct consequence of a reduction in salary.
(9)
An election under subregulation (7) does not have effect unless the employee satisfies the Board, within six months from the date of the election, that he is not suffering from any physical or mental defect (not being a defect that, in the opinion of the Board, is the result of the service of the contributor as a member of the Forces as defined by subregulation 121(2)) likely to render him incapable of performing his duties before attaining the maximum age for retirement.
(11)
Any additional contribution payable by reason of an election under subregulation (7) is payable as from the date of the election.
(12)
Subject to subregulation (13), where an employee:
1. (a)
  who became an employee on or after the date of commencement of the Superannuation (Papua and New Guinea) Ordinance 1960; and
2. (b)
  to whom regulation 32 applies;
ceases to be an employee at an earlier age than his selected retiring age:
1. (c)
  that earlier age shall be deemed to have been his selected retiring age; and
2. (d)
  where necessary by reason of reduction of the number of years of prospective service, the aggregate of the number of units of pension for which he was required to contribute and the number of non‑contributory units which were applicable to him shall be deemed to have been reduced accordingly, in reverse order of the order of acquisition of entitlement.
(13)
In the case of an employee:
1. (a)
  who became an employee on or after the date of commencement of the Superannuation (Papua and New Guinea) Ordinance 1960; and
2. (b)
  to whom subregulation 9(6) applies;
then:
1. (c)
  the age approved by the Board under that subregulation shall be deemed to be his selected retiring age; and
2. (d)
  where necessary by reason of the reduction of the number of years of prospective service, the aggregate of the number of units of pension for which he was required to contribute and the number of non‑contributory units which were applicable to him shall be deemed to have been reduced accordingly, in reverse order of the order of acquisition of entitlement.
(14)
For the purposes of this regulation:
1. (b)
  the selected retiring age of an employee is, subject to subregulation (13):
  1. (i)
    in the case of an employee who has made an election under regulation 16—the age of fifty‑five years in the case of a male officer or fifty years in the case of a female officer; and
  2. (ii)
    in any other case—the age of sixty years in the case of a male officer or fifty‑five years in the case of a female officer;
2. (c)
  subject to paragraph (d), the number of years of prospective service of an employee is the number of complete years between the date upon which he became an employee within the meaning of the Superannuation Ordinance and the date upon which he will attain his selected retiring age; and
3. (d)
  in the case of an employee who had paid to the Board, under section 82B of the Superannuation Ordinance, an amount refunded to him from a Public Service Superannuation Fund as defined in section 82A of that Ordinance, the number of years of his prospective service shall be calculated having regard to the period during which he was a contributor to that Fund.

11Election to reduce to minimum number of units

Where, whether before or after the commencement of the Superannuation (Papua and New Guinea) Ordinance 1960, a contributor became or becomes liable to contribute for or in respect of a unit or units of pension such that the total number of units for or in respect of which he was or is liable to contribute is greater than the minimum number of units, he may, within six months after the date on which he became or becomes liable to contribute for the first‑mentioned unit or units, elect to reduce the number of units for or in respect of which he is liable to contribute to a number of units not less than:
(a)
the minimum number of units; or
(b)
the number of units for or in respect of which he was contributing immediately before he became liable to contribute for or in respect of the first‑mentioned unit or units;
whichever is the greater.

12Contributor reduced in salary

(1)
Where the salary of a contributor is reduced, and the number of units of pension to which he was entitled immediately after the reduction is less than the number of units of pension to which he was entitled immediately before the reduction, he may elect to reduce the number of units of pension for or in respect of which he shall contribute to a number of units not less than that first‑mentioned number of units.
(2)
In calculating entitlement for the purposes of subregulation (1), no account shall be taken of any election to reduce the number of units except in direct consequence of a reduction in salary.
(3)
Nothing in subregulation (1) applies to or in respect of non‑contributory units.

Subdivision 2Non‑contributory units13Right to non‑contributory units

(1)
Where a contributor makes an election under regulation 11, he may at the same time elect that some or all of the number of units by which he has elected to reduce his liability to contribute shall be applicable to him as non‑contributory units.
(2)
Where a pensioner fails to make an election to contribute for additional units of pension under subregulation 9(7), a number of non‑contributory units equal to the number of those additional units is applicable to him.
(3)
Subject to subregulation (4), where immediately before the commencement of the Superannuation (Non‑contributory Units) Ordinance 1971 the number of units of pension for or in respect of which a contributor was otherwise liable to contribute was reduced by virtue of an election under regulation 11, he may, within six months after that commencement, elect that some or all of the number of units by which his liability to contribute was so reduced shall be applicable to him as non‑contributory units.
(4)
An election under subregulation (3) does not have effect unless the contributor satisfies the Board that he is not suffering from any physical or mental defect (not being a defect that, in the opinion of the Board, is the result of the service of the contributor as a member of the Forces as defined in subregulation 121(2)) which is likely to render him incapable of performing his duties before attaining the maximum age for retirement.
(5)
Notwithstanding anything contained in these Regulations, non‑contributory units do not become available to a contributor by reason of an increase in salary received after and as from a date after he attains:
1. (a)
  in the case of a male contributor—the age of sixty years; and
2. (b)
  in the case of a female contributor—the age of fifty‑five years.

14Non‑contributory units not available for conversion

Notwithstanding anything contained in these Regulations, where, by virtue of an election under regulation 13, non‑contributory units are available to a contributor:
(a)
those units are not available to become fully paid‑up units;
(b)
his right and liability to contribute for or in respect of units of pension is and shall remain reduced by the number of non‑contributory units; and
(c)
subregulation 10(7) does not apply to or in relation to the number of those non‑contributory units.

Division 3Scale of contributions by employees15Contributions by employees

(1)
Subject to these Regulations, the amount of contribution to be paid by an employee is an amount ascertained in accordance with Schedule 1 or Schedule 2, whichever is applicable.
(2)
The amount of contribution to be paid by an employee who had elected that section 29C of the Superannuation Ordinance should not apply to him is, in respect of:
1. (a)
  units of pension in respect of which the obligation to contribute came or comes into existence on or after the date of commencement of the Superannuation (Papua and New Guinea) Ordinance 1960; or
2. (b)
  reserve units of pension for which he elected or elects to contribute on or after that date;
an amount ascertained in accordance with the rates of contribution specified in Schedule 3.
(3)
Contribution is not payable for or in respect of non‑contributory units.

16Contribution for full pension at 55 years or 50 years of age

(3)
A contributor who made an election in accordance with regulation 16 of these Regulations as in force at any time before 1 July 1976 is entitled, upon retirement on attaining the age of fifty‑five years or fifty years, as the case may be, to receive full pension according to the number of units for which he was contributing at the time of his retirement, plus the value of any non‑contributory units that were applicable to him at the time of his retirement, ascertained in accordance with regulation 45.
(4)
Where a contributor who made an election in accordance with regulation 16 of these Regulations as in force at any time before 1 July 1976 does not retire upon attaining the age of fifty‑five years or of fifty years, as the case may be, the contributor shall not be required to make contributions after attaining the maximum age for retirement and is not entitled to receive pension until retirement.
(5)
The Board shall make such adjustment of contributions as, in its opinion, is necessary by reason of the election of a contributor to contribute at rates based on a retiring age of fifty‑five years or fifty years, as the case may be.

17Election to contribute for additional unit at 60 years of age

(1)
Subject to these Regulations, a contributor who made an election in accordance with regulation 16 of these Regulations as in force at any time before 1 July 1976 and becomes eligible or is required to contribute for an additional unit or units of pension in pursuance of these Regulations may, within six months from the date upon which the increased contribution becomes payable, elect to contribute for that additional unit or those additional units, at the appropriate rate based on a retiring age of sixty years in the case of a male or fifty‑five years in the case of a female.
(2)
A contributor who:
1. (a)
  made an election in accordance with regulation 16 of these Regulations as in force at any time before 1 July 1976 to contribute at rates based on a retiring age of fifty‑five years or fifty years, as the case may be;
2. (b)
  has attained that age but has not attained the age of sixty years or fifty‑five years, whichever is appropriate; and
3. (c)
  but for the provisions of subregulation 10(5), would have been eligible or required to contribute for an additional unit of pension;
may, within six months from the date upon which, but for subregulation 10(5), the increased contribution would have become payable, elect to contribute for that additional unit at the appropriate rate based on a retiring age of sixty years or fifty‑five years, whichever is appropriate.
(3)
Where a contributor has made an election under subregulation (1) or (2):
1. (a)
  any further additional unit of pension for which he commences to contribute after that election shall be at the appropriate rate based on a retiring age of sixty years in the case of a male, or of fifty‑five years in the case of a female; and
2. (b)
  the maximum age for retirement of that contributor is, in respect of the additional units of pension in relation to which this regulation applies, sixty years in the case of a male or fifty‑five years in the case of a female.

Division 4Contributions for additional benefits for widows18Additional contributions by existing contributors

(1)
In this regulation:
1. (a)
  references to a contributor are references to a male contributor whose obligation to contribute to the Superannuation Fund came into existence before the commencement of the Superannuation (Papua and New Guinea) Ordinance 1960; and
2. (b)
  references to a unit of pension include references to a reserve unit of pension and a fraction of a unit of pension, but do not include references to a non‑contributory unit.
(2)
A contributor who has not made an election under subsection 29C(2) of the Superannuation Ordinance shall make such contributions (if any) to the Superannuation Fund as are specified in Schedule 4.
(3)
Contributions by a contributor who has not made an election under subsection 29C(2) of the Superannuation Ordinance, being contributions in respect of:
1. (a)
  units of pension in respect of which the obligation to contribute comes into existence on or after the date of commencement of these Regulations; or
2. (b)
  reserve units of pension for which such a contributor elects to contribute on or after that date;
shall be at the rates of contribution specified in Schedule 1 or Schedule 2, whichever is applicable.
(4)
Contributions payable under subregulation (2) are in addition to any other contributions payable by the contributor.

19Cessation of additional contributions under previous sections

(1)
The succeeding provisions of this regulation have effect in respect of contributions under regulation 18.
(2)
The contributor shall, subject to subregulation (3), be liable to pay the contributions in respect of each unit of pension until immediately after the last fortnightly payment before he ceases to be an employee.
(3)
In the case of a contributor whose initial payment in respect of the contributions in respect of a unit of pension is made within twelve months before, or at any time after, he attains the maximum age for retirement, he shall pay those contributions until he ceases to be an employee by reason of his death or retirement on the ground of invalidity or physical or mental incapacity to perform his duties, or until he has paid twenty‑six contributions, whichever first happens.

Division 5Reserve units of pension21Conversion of reserve units to active units

(1)
Where a contributor who is contributing for one or more reserve units of pension becomes eligible or is required to contribute for one or more additional units of pension in pursuance of these Regulations, he may elect to convert to units of pension a number of reserve units of pension not exceeding the number of those additional units of pension.
(2)
Where a contributor so elects, no further contributions shall be paid in respect of the reserve units of pension to which the election applies, and the contributions payable by the contributor in respect of so many of the additional units of pension as is equal to the number of those reserve units of pension shall be at the same rate as the contributions paid in respect of those reserve units of pension.
(3)
An election under subregulation (1) does not have any effect in relation to a reserve unit if it purports to be made in respect of a non‑contributory unit.

22Discontinuance of contributions

(1)
A contributor who is contributing for one or more reserve units of pension may elect to discontinue his contributions in respect of any or all of those units, in which case he shall be paid the amount of the contributions already made by him in respect of those reserve units of pension, together with compound interest on those contributions at the specified rate from the respective dates of payment, less the amount, if any, of a refund paid or payable to the contributor by virtue of the provisions of the Superannuation (Papua and New Guinea) Ordinance 1959.
(2)
Where a contributor who is contributing for one or more reserve units of pension ceases to be an employee, there shall be paid to him or to his personal representatives the amount of those contributions, together with compound interest on those contributions at the specified rate from the respective dates of payment, less the amount, if any, of a refund paid or payable to the contributor or his personal representatives by virtue of the provisions of the Superannuation (Papua and New Guinea) Ordinance 1959.
(3)
For the purposes of this regulation, the specified rate means, in relation to any period, a rate determined by the Board in respect of that period.

Division 6Miscellaneous23Preservation of rights of certain former employees to contribute

Where a person:
(a)
at any time during the period commencing on 1 July 1975 and ending on 30 June 1976, commenced service in pursuance of a contract of employment entered into by him with the Government of Papua New Guinea;
(b)
was, immediately before the date on which he commenced that service, a contributor within the meaning of these Regulations as in force immediately before the last‑mentioned date; and
(c)
in pursuance of an election made by him, continued, on and after the date on which he commenced that service, to make contributions for a pension payable under these Regulations;
that person shall be deemed to have been entitled to so continue to make those contributions.

Part IIIPensions and benefitsDivision 1Grant of pensions and benefitsSubdivision 1Contributory units26Application of Subdivision 1

This Subdivision applies to and in respect of units of pension other that non‑contributory units.

27Disregard of reserve and non‑contributory units

In calculating additional pensions or benefits under this Subdivision, no regard shall be had to reserve units, as such, in respect of which contributions are being made, or to non‑contributory units.

29Pension unit

The unit of pension is Ninety‑one dollars per annum.

30Amount of pension on retirement on or after maximum age for retirement

(1)
Where a contributor retires on or after attaining the maximum age for retirement, he shall be entitled to receive a pension according to the number of units in respect of which his contributions had been fully paid.
(2)
Where a contributor, being a male, retires not less than one year after attaining the maximum age for retirement, the pension payable to him in accordance with subregulation (1) shall be increased by an amount ascertained by multiplying the portion of the pension equivalent to the contributions made by him by a percentage ascertained in accordance with the following table:

Maximum Age for Retirement—55 years		Maximum Age for Retirement—60 years
Age Attained on Retirement	Percentage	Age Attained on Retirement	Percentage
56 years	6	61 years	6
57 years	12	62 years	13
58 years	18	63 years	20
59 years	25	64 years	28
60 years or over	33	65 years or over	37

(3)
Where a contributor, being a female, retires not less than one year after attaining the maximum age for retirement, the pension payable to her in accordance with subregulation (1) shall be increased by an amount ascertained by multiplying the portion of the pension equivalent to the contributions made by her by a percentage ascertained in accordance with the following table:

Maximum Age for Retirement—50 years		Maximum Age for Retirement—55 years
Age Attained on Retirement	Percentage	Age Attained on Retirement	Percentage
51 years	6	56 years	6
52 years	12	57 years	12
53 years	18	58 years	19
54 years	25	59 years	27
55 years or over	32	60 years or over	35

(4)
Where a male contributor who has attained the maximum age for retirement dies before retirement and is survived by a widow, the pension that would be payable to the widow under the provisions of these Regulations other than this regulation shall be increased by an amount ascertained by multiplying that portion of the pension that is equivalent to the contributions made by her husband by the percentage that would have been applicable under subregulation (2) in relation to his pension, if he had retired immediately before his death.
(6)
For the purposes of this regulation, a contributor who resigns on or after attaining the maximum age for retirement, or whose services are terminated by reason of the fact that he has attained that age, shall be deemed to have retired.
(7)
Subregulations (2), (3) and (4) do not apply to or in relation to a contributor to whom regulation 32 applies.

31Increased benefit for certain contributors

(1)
A contributor who becomes a pensioner under regulation 30 or 34 is entitled to receive, in addition to his pension:
1. (a)
  an amount calculated at the rate of Two dollars per unit of pension for each complete financial year during the period commencing on 1 July 1957 and ending on 30 June 1967 for which the contributor paid contributions for that unit; and
2. (b)
  an amount calculated at the rate of Three dollars per unit of pension for each complete financial year commencing with the financial year that commenced on 1 July 1967 for which the contributor paid contributions for that unit.
(2)
For the purposes of this regulation, a contributor who has completed payments for a unit of pension shall be deemed to be contributing for that unit.

32Early retirement

(1)
Subject to Divisions 2 and 3 of Part III and to subregulation (2), a male contributor who retires after attaining the age of fifty years or a female contributor who retires after attaining the age of forty‑five years and before attaining the maximum age for retirement, other than upon the ground of invalidity or physical or mental incapacity to perform his or her duties, shall be entitled, as from the date of retirement, to the pension which is certified by the Commonwealth Actuary to be four and one‑fifth times the actuarial equivalent of the amount obtained by deducting from the contributions made by the contributor the amount, if any, of a refund paid or payable to the contributor by virtue of the provisions of the Superannuation (Papua and New Guinea) Ordinance 1959.
(2)
A contributor to whom subregulation 9(6) applies is entitled, as from the date of retirement, to the pension referred to in that subregulation.

33Reduction of benefits in certain cases

(1)
A contributor who became a pensioner under section 41 or 44 of the Superannuation Ordinance on or before 30 June 1967 is entitled to be paid an amount equal to the amount specified in subregulation 31(1) reduced:
1. (a)
  by four‑tenths of one per centum for each calendar month or part of a month for the first thirty‑six months remaining between the date of his becoming a pensioner and the earliest date on which he could have received a pension under regulation 30; and
2. (b)
  after that, by three‑tenths of one per centum for each calendar month or part of a month remaining in excess of those thirty‑six months.
(2)
Subject to subregulation (3), a contributor who became or becomes a pensioner under regulation 32 or 36 after 30 June 1967 is entitled to be paid an amount equal to the amount specified in subregulation 31(1), reduced by four and three‑quarters per centum for each complete year (calculated from the date of retirement) between the date of his retirement and the date on which he would have reached the maximum age for retirement.
(3)
An amount payable under subregulation (2) shall not be less than two‑thirds of the amount that he would have received if the amount to which he would have been entitled under that subregulation had not been reduced in accordance with that subregulation.
(4)
Where a pensioner is receiving a pension under regulation 32, the additional pension payable under subregulation 37(1) or subsection 44B(2) of the Superannuation Ordinance shall be reduced by the proportion A/B where:
A is the actuarial equivalent pension payable to the pensioner; and
B is the amount of annual pension that would have been payable to him if, upon retirement, he had become entitled to receive a pension under regulation 30 according to the number of units of pension for which he was contributing at the time of his retirement or resignation.

34Premature termination of contract through invalidity – amount of pension

(1)
Subject to subregulation (2), when a contract of employment that a continuing contributor has entered into with the Government of Papua New Guinea is terminated on the ground of his invalidity or his physical or mental incapacity to perform his duties, he is entitled to the full pension for which he was contributing at the time of the termination.
(2)
If the invalidity or incapacity referred to in subregulation (1) is due, in the opinion of the Board, to wilful action on the part of the contributor for the purpose of obtaining pension, he is entitled only to a refund of the contributions paid by him, reduced by:
1. (a)
  the amount of any interest payable by the contributor under regulation 114; and
2. (b)
  the amount of any refund paid or payable to him by virtue of the Superannuation (Papua and New Guinea) Ordinance 1959.

35Pensions to widows and children in certain cases

(1)
A pension shall, subject to this regulation, be paid to the widow of a person referred to in the first column of Schedule 5, as follows:
1. (a)
  during her own life, a pension at the rate specified in the second column of that Schedule opposite to the reference to that person in the first column; and
2. (b)
  in respect of each of her or of that person’s children who is under the age of 16 years or is a student child (other than a child or student child of her re‑marriage):
  1. (i)
    where there are less than 3 such children or student children—a pension at the rate per annum equal to 11/67 of the annual rate of pension to which the widow is entitled under this regulation; and
  2. (ii)
    in any other case—a pension at the rate per annum equal to the amount ascertained by dividing 33/67 of the annual rate of pension to which the widow is entitled under this regulation by the total number of children and student children.
(2)
Notwithstanding the provisions of paragraph (1)(b), where the annual rate of pension payable on a day under that paragraph in respect of a child or student child is less than $208, the annual rate of pension so payable on that day in respect of that child or student child is increased by an amount equal to the difference between the first‑mentioned rate and the rate of $208 per annum.
(3)
Where, on 1 July 1979, a widow was entitled to a pension under paragraph (1)(a), the annual rate of that pension shall, on and after 12 July 1979, be increased by an amount ascertained by multiplying the annual rate of pension to which the widow would, but for this subregulation, be entitled on 12 July 1979 by 0.072.
(4)
On the death of a widow who was in receipt of a pension under this regulation, pension is payable in respect of each child or student child referred to in paragraph (1)(b) as follows:
1. (a)
  where there is 1 such child or student child—at an annual rate equal to 45/67 of the prescribed pension;
2. (b)
  where there are 2 such children or student children—at an annual rate equal to 40/67 of the prescribed pension;
3. (c)
  where there are 3 such children or student children—at an annual rate equal to 30/67 of the prescribed pension; and
4. (d)
  where there are 4 or more such children or student children—at an annual rate ascertained by dividing 100/67 of the prescribed pension by the number of children and student children.
(5)
Notwithstanding the provisions of subregulation (4), the annual rate of pension payable under a paragraph of that subregulation shall not in any case be less than whichever is the greater of:
1. (a)
  $520; or
2. (b)
  the sum of $208 and ¼ of the prescribed pension.
(6)
In subregulations (4) and (5), prescribed pension, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension to which the widow would, but for her death, have been entitled on that day.
(7)
In paragraph (1)(b) and subregulations (3) and (6), the reference to pension to which the widow is entitled under this regulation does not include a reference to pension payable to the widow in respect of a child or student child.

37Additional benefits for certain pensioners

(1)
A pensioner, other than a widow or child pensioner, who became entitled to a pension before 30 June 1973, is entitled, in addition to that pension and to any benefits payable under subsection 44A(1), (1A) or (1B) of the Superannuation Ordinance, to receive an additional pension each fortnight at the rate of Four cents in respect of each unit of pension for each complete financial year for which he had been a pensioner during the period commencing on 1 July 1967.
(2)
In the case of a pensioner receiving a pension under regulation 32 or 36, for the purposes of a calculation under subregulation (1), the number of units of pension shall be ascertained by dividing the annual amount of the pension by Ninety‑one dollars.

38Refund of contributions

A continuing contributor who, on:
(a)
the date on which the first contract of employment entered into by him with the Government of Papua New Guinea is terminated; or
(b)
30 June 1978;
whichever first occurs, is not entitled to a pension under these Regulations is entitled, in addition to any other amount to which he is entitled under these Regulations, to be refunded an amount equal to the sum of the contributions paid by him since he entered into that contract, plus interest at the rate determined by the Commissioner.

40Payment of additional sum when contributions refunded

Where, on or after 1 July 1967, a contributor receives or has received a refund of his contributions under regulation 39, he is entitled to be paid an additional sum of:
(a)
Two dollars per unit of pension for each complete year of service during the period that commenced on 1 July 1957 and ended on 30 June 1967; and
(b)
Three dollars per unit of pension for each complete year of service during the period that commenced on 1 July 1967;
less a reduction of four and three‑quarters per centum for each complete year between the date of his resignation, retirement or dismissal and the date on which he would reach the maximum age for retirement, subject to a minimum payment of two‑thirds of the benefit that would have been payable to him under paragraph (a) or (b).

41Death of married contributor

(1)
On the death of a married contributor before retirement or resignation, pension shall be paid to his widow as follows:
1. (a)
  during her own life 67 per cent of the pension for which her husband was contributing, or had completed contributions for, at the time of his death; and
2. (b)
  in respect of each of her or the contributor’s children who is under the age of 16 years or is a student child (other than a child or student child of her re‑marriage):
  1. (i)
    where there are less than 3 such children or student children—a pension at the rate per annum equal to 11 per cent of the prescribed pension; and
  2. (ii)
    in any other case—a pension at a rate per annum equal to the amount ascertained by dividing 33 per cent of the prescribed pension by the number of children and student children.
(1A)
Notwithstanding the provisions of paragraph (1)(b), where the annual rate of pension payable on a day under that paragraph in respect of a child or student child is less than $208, the annual rate of pension so payable on that day in respect of that child or student child is increased by an amount equal to the difference between the first‑mentioned rate and the rate of $208 per annum.
(2)
On the death of a widow who was in receipt of a pension under this regulation, pension is payable in respect of each child or student child referred to in paragraph (1)(b) as follows:
1. (a)
  where there is 1 such child or student child—at an annual rate equal to 45 per cent of the prescribed pension;
2. (b)
  where there are 2 such children or student children—at an annual rate equal to 40 per cent of the prescribed pension;
3. (c)
  where there are 3 such children or student children—at an annual rate equal to 30 per cent of the prescribed pension; and
4. (d)
  where there are 4 or more such children or student children—at an annual rate ascertained by dividing the prescribed pension by the number of children and student children.
(2A)
Notwithstanding the provisions of subregulation (2), the annual rate of pension payable under a paragraph of that subregulation shall not in any case be less than whichever is the greater of:
1. (a)
  $520; or
2. (b)
  the sum of $208 and:
  1. (i)
    where there are not more than 4 children or student children—¾ of the relevant pension; and
  2. (ii)
    in any other case—the amount of the relevant pension divided by the number of children and student children.
(2B)
In subregulation (2A), relevant pension, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non‑contributory units) to which the widow would, but for her death, have been entitled on that day, other than pension payable to her in respect of a child or student child.
(3)
A widow receiving a pension under this regulation shall be entitled to receive an additional amount by way of pension equal to 67 per cent of the additional benefit to which her deceased husband contributor would have been entitled under the provisions of regulation 37 if he had been a pensioner to whom those provisions applied.
(4)
Where a widow became entitled to a pension after 30 June 1967 but before 1 July 1973 she is entitled to receive an additional pension or a further additional pension, as the case requires, equal to 67 per cent of the additional benefits to which her deceased husband would have been entitled under subregulation 37(1).
(5)
In the application of subregulations (1) and (3) to the pension or additional benefit of a widow whose husband elected that section 29C of the Superannuation Ordinance should not apply to him, the reference in paragraph (1)(a) to 67 per cent of the pension and the references in subregulations (3) and (4) to 67 per cent of the additional benefits shall be read as references to 54 per cent of the pension and 54 per cent of the additional benefits respectively.
(6)
A pension payable in respect of a widow’s or contributor’s children under paragraph (1)(b) shall be increased, if a pension under paragraph 46(1)(b) of the Superannuation Ordinance was being paid on 30 June 1962, by an amount of Fifty cents per fortnight.
(7)
A pension payable under subregulation (2) shall be increased, if the pension payable under subsection 46(2) of the Superannuation Ordinance was being paid on 30 June 1962, by an amount of One dollar fifty cents per fortnight.
(8)
In subregulations (1) and (2), prescribed pension, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non‑contributory units) that would have been payable to the contributor on that day if he had not died but had been in receipt of a pension payable under regulation 34.

42Death of married pensioner

(1)
On the death of a male pensioner, a pension shall be paid to his widow as follows:
1. (a)
  during her own life, 67 per cent of the pension payable to her husband at the time of his death; and
2. (b)
  in respect of each of her or the pensioner’s children who is under the age of 16 years or is a student child (other than a child or student child of her re‑marriage):
  1. (i)
    where there are less than 3 such children or student children—a pension at the rate per annum equal to 11 per cent of the prescribed pension; and
  2. (ii)
    in any other case—a pension at a rate per annum equal to the amount ascertained by dividing 33 per cent of the prescribed pension by the number of children and student children.
(1A)
Notwithstanding the provisions of paragraph (1)(b), where the annual rate of pension payable on a day under that paragraph in respect of a child or student child is less than $208, the annual rate of pension so payable on that day in respect of that child or student child shall be increased by an amount equal to the difference between the first‑mentioned rate and the rate of $208 per annum.
(1B)
However, subregulations (1) and (1A) do not apply to an associate pension under Part IX that a deceased pensioner was receiving at the time of his or her death.
(2)
A widow receiving a pension under this regulation shall be entitled to receive additional amounts by way of pension each fortnight equal to 67 per cent of the additional benefits to which her deceased husband pensioner, but for his death, would have been entitled under the provisions of regulation 37.
(3)
In the application of subregulations (1) and (2) to the pension of the widow whose husband elected that section 29C of the Superannuation Ordinance should not apply to him, the references in paragraph (1)(a) and in subregulation (2) to 67 per cent of the pension or benefit, as the case may be, shall be read as references to 54 per cent of that pension or benefit as the case may be.
(4)
Where additional pension is payable to a widow under subregulation (2) by reason of regulation 37(1), the calculation of the complete financial year for the purpose of determining the amount payable shall be based:
1. (a)
  if the deceased husband died after 30 June 1962 and before 1 July 1967—on the date of his retirement or on 1 July 1962, whichever was the later; and
2. (b)
  if the deceased husband died after 30 June 1967 and before 1 July 1970—on the date of his retirement or on 1 July 1967, whichever was the later.
(5)
A pension payable in respect of a widow’s or pensioner’s children under paragraph (1)(b) shall be increased, if a pension under paragraph 47(1)(b) of the Superannuation Ordinance was being paid on 30 June 1962, by an amount of Fifty cents per fortnight.
(6)
On the death of a widow who was in receipt of a pension under subregulation (1), pension is payable in respect of each child or student child referred to in paragraph (1)(b) as follows:
1. (a)
  where there is 1 such child or student child—at an annual rate equal to 45 per cent of the prescribed pension;
2. (b)
  where there are 2 such children or student children—at an annual rate equal to 40 per cent of the prescribed pension;
3. (c)
  where there are 3 such children or student children—at an annual rate equal to 30 per cent of the prescribed pension; and
4. (d)
  where there are 4 or more such children or student children—at an annual rate ascertained by dividing the prescribed pension by the number of children and student children.
(6A)
Notwithstanding the provisions of subregulation (6), the annual rate of pension payable under a paragraph of that subregulation shall not in any case be less than whichever is the greater of:
1. (a)
  $520; or
2. (b)
  the sum of $208 and:
  1. (i)
    where there are not more than 4 children or student children—¼ of the relevant pension; and
  2. (ii)
    in any other case—the amount of the relevant pension divided by the number of children and student children.
(6B)
In subregulation (6A), relevant pension, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non‑contributory units) that would have been payable to the widow on that day if she had not died but had been in receipt of pension, other than pension payable to her in respect of a child or student child.

(7)
A pension payable under subregulation (6) shall be increased, if the pension payable under subsection 47(6) of the Superannuation Ordinance was being paid on 30 June 1962, by an amount of One dollar fifty cents per fortnight.
(8)
In subregulations (1) and (6), prescribed pension, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non‑contributory units) that would have been payable to the pensioner on that day if he had not died.

43Pension payable in respect of orphans

(1)
On the death of a contributor or a pensioner whose wife is dead or divorced, a pension is payable under these Regulations in respect of each child under the age of 16 years or student child of the contributor or pensioner or of his wife (except a child or student child of her re‑marriage), being a child or student child who was dependent on him at the time of his death, as follows:
1. (a)
  where there is 1 such child or student child—at an annual rate equal to 45 per cent of the prescribed pension;
2. (b)
  where there are 2 such children or student children—at an annual rate equal to 40 per cent of the prescribed pension;
3. (c)
  where there are 3 such children or student children—at an annual rate equal to 30 per cent of the prescribed pension; and
4. (d)
  where there are 4 or more such children or student children—at an annual rate ascertained by dividing the prescribed pension by the number of children and student children.
(1A)
In subregulation (1), prescribed pension means:
1. (a)
  in relation to a rate of pension payable on a day in respect of a child or student child of a deceased contributor or of his wife—the annual rate of pension (including any amount payable in respect of non‑contributory units) that would have been payable to the contributor on that day if he had not died but had been in receipt of a pension payable under regulation 34; and
2. (b)
  in relation to a rate of pension payable on a day in respect of a child or student child of a deceased pensioner or of his wife—the annual rate of pension (including any amount payable in respect of non‑contributory units) that would have been payable to the pensioner on that day if he had not died.
(1B)
Notwithstanding the provisions of subregulation (1), the annual rate of pension payable under a paragraph of that subregulation shall not in any case be less than whichever is the greater of:
1. (a)
  $520; or
2. (b)
  the sum of $208 and:
  1. (i)
    where there are not more than 4 children or student children—¼ of the relevant pension; and
  2. (ii)
    in any other case—the amount of the relevant pension divided by the number of children and student children.
(1C)
In subregulation (1B), relevant pension, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non‑contributory units) that, but for the death or divorce of the wife referred to in subregulation (1), would have been payable to her on that day, other than pension payable to her in respect of a child or student child.
(2)
A pension payable under subregulation (1) shall be increased, if the pension payable under paragraph 48(1)(a) of the Superannuation Ordinance was being paid on 30 June 1962, by an amount of One dollar fifty cents per fortnight.
(3)
Where the present value, as determined by the Commonwealth Actuary, of a pension or pensions payable on the death of a contributor in pursuance of subregulation (1) is less than the sum obtained by deducting from the contributions made by the contributor any refund paid or payable to the contributor or his personal representatives by virtue of the provisions of the Superannuation (Papua and New Guinea) Ordinance 1959, the amount of the difference shall be paid to the personal representatives of the contributor or, failing them, to such persons (if any) as the Board determines.

44Benefits on death of unmarried contributor

Where a contributor, who is unmarried or is a widower without children under the age of sixteen years or student children, dies before retirement or resignation, the contributions made by him, less the amount if any, of a refund paid or payable to him by virtue of the provisions of the Superannuation (Papua and New Guinea) Ordinance 1959, shall be paid to his personal representatives, or, if there are no such representatives, to such persons (if any) as the Board determines.

Subdivision 2Non‑contributory units45Value of non‑contributory units

(1)
In addition to any pension payable to or in respect of a pensioner to whom, immediately before he ceased to be an employee, a non‑contributory unit was applicable, pension shall be paid at the following rate for that unit:
1. (a)
  in the case of a male pensioner who retired on or after attaining the age of sixty years—Sixty‑nine dollars thirty‑three cents per annum;
2. (b)
  in the case of a female pensioner who retired on or after attaining the age of fifty‑five years—Sixty‑nine dollars thirty‑three cents per annum;
3. (c)
  in the case of a male pensioner who retired on or after attaining the age of fifty‑five years but before attaining the age of sixty years—an amount per annum certified by the Commonwealth Actuary to be the actuarial equivalent of the additional pension which the pensioner would have received under paragraph (a) had he retired on attaining the age of sixty years;
4. (d)
  in the case of a female pensioner who retired on or after attaining the age of fifty years but before attaining the age of fifty‑five years—an amount per annum certified by the Commonwealth Actuary to be the actuarial equivalent of the additional pension which the contributor would have received under paragraph (b) if she had retired on attaining the age of fifty‑five years;
5. (e)
  in the case of a pensioner who is in receipt of a pension under regulation 34(1)—Sixty‑nine dollars thirty‑three cents per annum;
6. (f)
  in the case of a pensioner who is in receipt of a pension under paragraph 36(1)(b)—an amount per annum certified by the Commonwealth Actuary to be the actuarial equivalent of sixteen twenty‑firsts of the pension which the pensioner would have received in respect of that unit had it been a unit of pension:
  1. (i)
    in the case of a non‑contributory unit which became applicable to him by virtue of an election under section 27B of the Superannuation Ordinance or regulation 13—for which the pensioner had been paying contributions as from the date on which he became eligible to contribute for the additional unit of pension in respect of which he made that election; and
  2. (ii)
    in the case of a non‑contributory unit which became applicable to him by virtue of a failure to make an election under subsection 25(5) of the Superannuation Ordinance or subregulation 9(7)—for which he had made the contributions required by subsection 25(6) of that Ordinance or subregulation 9(9);
7. (g)
  in the case of a widow who was entitled to a pension under regulation 41 on 1 July 1979—$46.45; and
8. (h)
  in any other case—nil.
(2)
An additional pension payable under subregulation (1) is payable in the same manner and subject to the same conditions as the equivalent pension under Subdivision 1 of this Division.

Division 2Special provisions on early retirement46Application of Division

This Division applies also to the persons referred to in regulation 5.

47Election to receive full pension on early retirement

(1)
Notwithstanding the provisions of regulations 32 and 45, a male contributor who retires on or after reaching the age of fifty years, or a female contributor who retires on or after reaching the age of forty‑five years may elect to receive a pension.
(2)
The pension entitlement is an amount per annum equal to the sum of:
1. (a)
  an amount of Ninety‑one dollars multiplied by the number of units to which the contributor was entitled at the time of retirement; and
2. (b)
  an amount certified by the Commonwealth Actuary to be the actuarial equivalent of the sum of Sixty‑nine dollars thirty‑three cents multiplied by the number of non‑contributory units which would have been applicable to the contributor on reaching sixty years of age in the case of a male contributor or fifty‑five years of age in the case of a female contributor.
(3)
The pension shall be payable when the contributor has contributed such amount as the Board determines to enable the pension calculated in accordance with subregulation (2) to be paid to the contributor.
(4)
An amount to be contributed in accordance with subregulation (3) may be paid:
1. (a)
  in a lump sum; or
2. (b)
  where the relevant contributor has been granted permission under regulation 51, by way of deductions from the fortnightly payments of pension in accordance with that regulation.
(5)
In calculating the number of units to which a contributor is entitled in accordance with paragraph (2)(a), where the contributor became a contributor on or after the date of commencement of the Superannuation (Papua and New Guinea) Ordinance 1960 and by virtue of his retirement ceases to be a contributor at an earlier age than his selected retiring age:
1. (a)
  that earlier age shall be deemed to have been his selected retiring age; and
2. (b)
  where necessary, by reason of reduction of the number of years of prospective service, the aggregate of the number of units of pension for which he was required to contribute and the number of non‑contributory units which were applicable to him shall be deemed to have been reduced accordingly, in reverse order to the order of acquisition of entitlement.
(6)
For the purposes of this regulation:
1. (a)
  the selected retiring age of a contributor is:
  1. (i)
    in the case of a contributor who has made an election under section 29A of the Superannuation Ordinance or under regulation 16—the age of fifty‑five years in the case of a male contributor or fifty years in the case of a female contributor; and
  2. (ii)
    in any other case—the age of sixty years in the case of a male contributor or fifty‑five years in the case of a female contributor; and
2. (b)
  the number of years of prospective service of a contributor is:
  1. (i)
    in the case of a contributor who has paid to the Board under section 82B of the Superannuation Ordinance an amount refunded to him from a Public Service Superannuation Fund as defined in section 82A of that Ordinance—the number of completed years between the date he became a contributor to that Public Service Superannuation Fund and the date upon which he will attain his selected retiring age; and
  2. (ii)
    in any other case—the number of complete years between the date he became an employee and the date upon which he will attain his selected retiring age.

48Additional lump sum benefits for certain contributors on early retirement

(1)
Subject to subregulation (2), a contributor referred to in regulation 47 is entitled to receive, in addition to the pension payable under that regulation, an additional sum of:
1. (a)
  Two dollars per unit of pension for each complete year of service during the period that commenced on 1 July 1957 and ended on 30 June 1967; and
2. (b)
  Three dollars per unit of pension for each complete year of service during the period that commenced on 1 July 1967;
less an amount that is equivalent to four and three‑quarters per centum for each complete year of service between the date of his retirement and the date on which he would reach the maximum age of retirement.
(2)
An amount payable under subregulation (1) shall not be less than two‑thirds of the amount that the contributor would have received if the amount to which he had been entitled under that subregulation had not been reduced in accordance with that subregulation.

49Variation of entitlement

(1)
Where the salary of a contributor referred to in regulation 47 is increased after, but as from a date before, the date of his retirement and the number of units of pension to which he would become entitled if he had been a contributor who had not so retired is greater than the number of units of pension to which he was entitled immediately before his retirement, he may elect to contribute for additional units of pension, but so that the total number of units does not exceed that first‑mentioned number of units.
(2)
In calculating entitlement to additional units of pension, no account shall be taken of any election to reduce the number of units except in direct consequence of a reduction in salary.
(3)
The contributions payable by the contributor for the additional units shall be an amount which in the opinion of the Board is necessary to purchase the additional units if they had been taken into account under regulation 47.
(4)
Upon payment of the amount referred to in subregulation (3), pension in respect of the additional units becomes payable as from the date of retirement.

50No contribution for additional unit of pension after early retirement

Subject to regulation 49, a contributor who retires is not entitled or required to begin to contribute for an additional unit of pension after he has retired.

51Payment of contributions by instalments

(1)
Where a contributor referred to in regulation 47 does not pay contributions becoming due in a lump sum as provided for in that regulation, the Board may, upon receiving an application in writing from the contributor, permit the contributions to be paid by way of deductions from the fortnightly payments of pension over such period, not exceeding ten years, as the Board determines on such security as the Board approves.
(2)
The amount to be deducted from the fortnightly payments of pension shall be such amounts as the Board approves.
(3)
Contributions paid by way of deductions from fortnightly payments of pension under this regulation shall be deemed to be contributions in arrear for the purpose of regulation 114.
(4)
Payment of pension to a contributor who has applied to the Board for permission to pay contributions by way of deductions from fortnightly payments of pension shall not commence until permission for that payment has been given in accordance with this regulation.

Division 4General provisions as to pensions and benefits57Additional benefits payable on the death of a contributor

(1)
On the death of a contributor there shall be payable, in addition to the pension or refund of contributions payable under whichever of regulation 41, 43 or 44 is applicable, an amount calculated as being equal to the amount which would be payable under regulation 31 if he was a contributor whose date of retirement was the actual date of his death.
(2)
An amount payable under subregulation (1) shall be paid:
1. (a)
  in the case of a contributor to whom regulation 41 applies, to the widow and where the widow is deceased then to the personal representative of the widow and where there is no personal representative to such person, if any, as the Board directs;
2. (b)
  in the case of a contributor to whom regulation 43 applies, to the person entitled to payment of any amount under subregulation 43(2); or
3. (c)
  in the case of a contributor to whom regulation 44 applies, to his personal representative, or, if there is no personal representative, to such person, if any, as the Board directs.

58Certain contributors retired to be deemed on leave of absence

A pensioner in receipt of pension under section 42 of the Superannuation Ordinance or regulation 34 shall, for the purposes of these Regulations, be deemed to be on leave of absence without pay, and:
(a)
shall not be required to contribute in respect of the period of that leave; and
(b)
is not entitled to any additional units of pension or non‑contributory units during that period.

59Power of Board to require certain pensioners to be medically examined and to furnish information as to employment

(1)
The Board may, by notice in writing to a person who has been retired on pension under section 42 of the Superannuation Ordinance or regulation 34, require that person:
1. (a)
  to submit himself for medical examination by a medical practitioner nominated by the Board at a time and place specified in the notice;
2. (b)
  to furnish to the Board, in a statutory declaration or in such other written form as is permitted or required by the notice and within such period as is specified in the notice, such information as is required by the notice with respect to any employment (whether as an employee or on his own account) in which the person has been engaged during such period as is specified in the notice; and
3. (c)
  to attend such office as is specified in the notice, at the time or within the period specified in the notice, for an interview with a view to employment being found for him.
(2)
A notice to a person under subregulation (1) may be given by delivering it to him personally or by sending it by post addressed to him at his address last known to the Board.
(3)
Where a person fails to comply with a notice given to him under this regulation and does not satisfy the Board that there was reasonable excuse for the failure, the Board may suspend the person’s pension.
(4)
Where the Board suspends a person’s pension under this regulation because of the person having failed to comply with a notice requiring him to submit himself for medical examination, his pension is not payable in respect of the period that commenced on the day on which he was required by the notice to submit himself for examination, and ends on the day immediately preceding the day on which he submits himself for medical examination at a time and place approved by the Board.
(5)
Where the Board suspends a person’s pension under this regulation by virtue of the person having failed to comply with a notice requiring him to furnish information to the Board, his pension is not payable in respect of the period that commenced upon the expiration of the period within which he was required by the notice to furnish the information and ends on the day immediately preceding the day on which he furnished the information to the Board.
(6)
The cost of any medical examination carried out for the purposes of this regulation shall be treated as part of the cost of the administration of these Regulations.
(7)
Where the Board suspends a person’s pension under this regulation because of his having failed to comply with a notice under paragraph (1)(c), his pension is not payable in respect of the period that commenced on the date on which, or on the expiration of the period within which, he was required by the notice to attend and ends on the day immediately preceding the day on which he attends for interview at that office.

60Recall to service of pensioner restored to health

(1)
If, in the opinion of the Commissioner, the health of a pensioner to whom a pension under regulation 34 is being paid has become so restored as to enable him to perform duties which, in the opinion of the Commissioner, are suitable to be performed by the pensioner, having regard to the duties performed by him immediately before his retirement, the Commissioner shall so inform such person or authority as the Commissioner considers appropriate with a view to suitable employment being found for the pensioner.
(2)
If suitable employment is offered to a pensioner to whom subregulation (1) applies, at a salary not less than two‑thirds of the salary payable, on the date on which the suitable employment is offered to him, in respect of the position, or a comparable position to that, the duties of which he performed immediately before his retirement or at such salary as is agreed upon between him and the person or authority referred to in subregulation (1), the Commissioner may cancel the pension and thereupon it shall cease to be payable.
(3)
In the event of the recurrence of his infirmity, a contributor who has been re‑employed by Australia or an approved authority shall be entitled to pension at a rate not less than the amount of the pension on which he was first retired.
(4)
If, in the opinion of the Commissioner, the health of a pensioner to whom a pension under regulation 34 is being paid has become so restored as to enable him to perform duties which, in the opinion of the Commissioner, are suitable to be performed by the pensioner, having regard to the duties performed by him immediately before his retirement, and suitable permanent employment under Australia or an approved authority cannot be offered to him, but the pensioner is engaged in temporary employment under Australia, or in other employment (whether as an employee or on his own account), at a remuneration not less than two‑thirds of the salary payable, on or at any time after the date on which he became so engaged, in respect of the position, or a comparable position to that, the duties of which he performed immediately before his retirement, the Commissioner may suspend the pension, and thereupon it shall cease to be payable so long as he continues in such employment.

1.15	2.97
52 ..................................................................................	1.30	4.00
53 ..................................................................................	1.51	6.06
54 ..................................................................................	1.77	12.15
55 ..................................................................................	2.15	12.88
56 ..................................................................................	2.71	....
57 ..................................................................................	3.65	....
58 ..................................................................................	5.51	....
59 ..................................................................................	11.01	....
60 ..................................................................................	11.55	....

Part II

Additional rate of contribution to be paid fortnightly for first unit effected by male employees

Age next birthday at entry	Additional contribution by all male employees for benefits provided for children
$
All ages ........................................................................	0.02

Schedule 4

(subregulation 18(2))

Rates of additional contribution in respect of each unit of pension to be paid fortnightly by male employees for an additional widow’s pension, based on the age next birthday of the employee on 21 April 1960

Age next birthday	Additional contribution in respect of each unit where the unit is for a retiring age of—
60 years	55 years
$	$
16 ..................................................................................	0.01	0.01
17 ..................................................................................	0.01	0.01
18 ..................................................................................	0.01	0.01
19 ..................................................................................	0.01	0.01
20 ..................................................................................	0.01	0.01
21 ..................................................................................	0.01	0.01
22 ..................................................................................	0.01	0.01
23 ..................................................................................	0.01	0.01
24 ..................................................................................	0.01	0.01
25 ..................................................................................	0.01	0.01
26 ..................................................................................	0.01	0.01
27 ..................................................................................	0.01	0.02
28 ..................................................................................	0.02	0.02
29 ..................................................................................	0.02	0.02
30 ..................................................................................	0.02	0.02
31 ..................................................................................	0.02	0.02
32 ..................................................................................	0.02	0.02
33 ..................................................................................	0.02	0.02
34 ..................................................................................	0.02	0.03
35 ..................................................................................	0.02	0.03
36 ..................................................................................	0.02	0.03
37 ..................................................................................	0.03	0.03
38 ..................................................................................	0.03	0.03
39 ..................................................................................	0.03	0.03
40 ..................................................................................	0.03	0.04
41 ..................................................................................	0.03	0.04
42 ..................................................................................	0.03	0.04
43 ..................................................................................	0.03	0.04
44 ..................................................................................	0.04	0.04
45 ..................................................................................	0.04	0.04
46 ..................................................................................	0.04	0.05
47 ..................................................................................	0.04	0.05
48 ..................................................................................	0.05	0.06
49 ..................................................................................	0.05	0.07
50 ..................................................................................	0.06	0.09
51 ..................................................................................	0.06	0.10
52 ..................................................................................	0.07	0.13
53 ..................................................................................	0.07	0.19
54 ..................................................................................	0.09	0.35
55 ..................................................................................	0.10	0.35
56 ..................................................................................	0.12	0.38
57 ..................................................................................	0.15	0.42
58 ..................................................................................	0.22	0.44
59 ..................................................................................	0.40	0.48
60 ..................................................................................	0.40	0.50
61 ..................................................................................	0.40	....
62 ..................................................................................	0.43	....
63 ..................................................................................	0.46	....
64 ..................................................................................	0.48	....
65 ..................................................................................	0.52	....

Schedule 5Persons to whose widows and children regulation 35 applies

(regulation 35)

First column	Second column
Name	Annual pension
$
John Thomas Marlow Carstens.....................................................................	796.25
William Robert Alan Parker...........................................................................	910.00
Douglas Holland Ward....................................................................................	682.50

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Number and year	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
1973 No. 239	27 Nov 1973	1 Dec 1973 (see r. 2 and Gazette 1973, No. 178A)
1974 No. 128	30 July 1974	30 July 1974	—
1974 No. 156	12 Sept 1974	12 Sept 1974	—
1975 No. 134	1 July 1975	1 July 1975	—
1975 No. 179	9 Sept 1975	9 Sept 1975	—
1976 No. 74	5 Mar 1976	5 Mar 1976	—
1976 No.138	24 June 1976	1 July 1976	r. 7(3) and (4)
1976 No.183	25 Aug 1976	25 Aug 1976	—
1977 No. 65	30 May 1977	1 July 1976	rr. 6(2), (3), 30(2) and 36
1977 No. 145	23 Aug 1977	23 Aug 1977	—
1977 No. 218	18 Nov 1977	18 Nov 1977	—
1978 No. 92	27 June 1978	27 June 1978	—
1978 No. 155	29 Aug 1978	29 Aug 1978	—
1981 No. 387	31 Dec 1981	r. 2: 9 June 1976 rr. 3–10: 1 July 1979 r. 11(1): 1 July 1976 r. 11(2): 1 Dec 1973 Remainder: 31 Dec 1981	—
1987 No. 63	1 May 1987	1 May 1987	—
2001 No. 309	15 Oct 2001	15 Oct 2001	r. 4
2002 No. 37	7 Mar 2002	7 Mar 2002	—
2004 No. 124	18 June 2004	18 June 2004	—
2011 No. 131	30 June 2011 (see F2011L01374)	1 July 2011 (see r. 2)	r. 8
as amended by
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024	11 Oct 2024 (F2024L01299)	Sch 6: 14 Oct 2024 (s 2(1) item 1)	—

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Superannuation and Other Benefits Legislation Amendment Act 1986	93, 1986	13 Oct 1986	s 16–18: 10 Oct 1986 (s 2)	s 18
Superannuation and Other Benefits Legislation Amendment Act 1989	125, 1989	17 Oct 1989	s 11 and 12: 20 Oct 1989 (s 2)	s 12

Name	Registration	Commencement	Application, saving and transitional provisions
Superannuation Legislation Amendment (Western Australia De Facto Superannuation Splitting) Regulations 2021	23 Dec 2021 (F2021L01893)	Sch 1 (items 142–154): 28 Sept 2022 (s 2(1) item 1)	—
Family and Other Laws (Superannuation) (Repeal and Consequential Amendments) Regulations 2025	24 Feb 2025 (F2025L00179)	Sch 1 (items 6–8): 1 Apr 2025 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part I
r. 1.............................................	rs. 2001 No. 309
r 2.............................................	rep LA s 48D
r. 3.............................................	rep. 1977 No. 65
r. 4.............................................	am. 1977 No. 65; 1981 No. 387; 2004 No. 124
r. 4A..........................................	ad. 1977 No. 65
r. 4B..........................................	ad. 1977 No. 65
r. 8A..........................................	ad. 1977 No. 65
r. 8B..........................................	ad. 1977 No. 65
rep. 2011 No. 131
Part II
Division 1
Div. 1 of Part II...........................	rs. 1977 No. 65
r. 9.............................................	rs. 1977 No. 65
Division 2
Subdivision 1
r. 10...........................................	am. 1974 Nos. 128 and 156; 1975 Nos. 134 and 179; 1976 Nos. 74 and 183; 1977 Nos. 65, 145 and 218; 1978 Nos. 92 and 155
Division 3
r. 16...........................................	am. 1977 No. 65
r. 17...........................................	am. 1977 No. 65
Division 5
r. 20...........................................	rep. 1977 No. 65
r. 21...........................................	am. 1977 No. 65
r. 22...........................................	am. 1977 No. 65
Division 6
Div. 6 of Part II...........................	rs. 1977 No. 65
r. 23...........................................	rs. 1977 No. 65
Div. 7 of Part II ..........................	rep. 1977 No. 65
rr. 24, 25....................................	rep. 1977 No. 65
Part III
Division 1
Subdivision 1
r 28............................................	rep No 65, 1977
r. 30...........................................	am. 1977 No. 65
r. 32...........................................	am. 1977 No. 65
r. 34...........................................	am. 1977 No. 65
r. 35...........................................	am. 1977 No. 65; 1981 No. 387
r. 36...........................................	rep. 1977 No. 65
r. 37...........................................	am. 1977 No. 65
r. 38...........................................	rs. 1977 No. 65
r. 39...........................................	rep. 1977 No. 65
r. 41...........................................	am. 1981 No. 387
r 42............................................	am No 387, 1981; No 124, 2004
ed C8
r. 43...........................................	am. 1981 No. 387
Subdivision 2
r. 45...........................................	am. 1981 No. 387
Division 2
r. 47...........................................	am. 1977 No. 65
r. 50...........................................	am. 1977 No. 65
Div. 3 of Part III .........................	rep. 1977 No. 65
rr. 52–56....................................	rep. 1977 No. 65
Division 4
r. 60 ..........................................	am. 1977 No. 65
r. 64...........................................	am. 1977 No. 65
r. 65...........................................	am. 1981 No. 387
r. 65A........................................	ad. 1981 No. 387
r. 66...........................................	am. 1977 No. 65
r. 69...........................................	rep. 1977 No. 65
Part IV ......................................	rep. 1977 No. 65
rr. 70–78....................................	rep. 1977 No. 65
Part V .......................................	rep. 1977 No. 65
rr. 79–83....................................	rep. 1977 No. 65
Part IX
Part IX heading (prev Part 9 heading)
Part IX.......................................	rep No 65, 1977
Part 9 heading.............................	renum
ed C8
Part 9.........................................	ad No 124, 2004
Division 1
r 89............................................	rep No 65, 1977
r 90............................................	rep No 65, 1977
ad No 124, 2004
am F2021L01893
ed C7
am F2025L00179
ed C8
Division 2
r 91............................................	rep No 65, 1977
ad No 124, 2004
am F2021L01893; F2025L00179
r 92............................................	rep No 65, 1977
ad No 124, 2004
r 93............................................	rep No 65, 1977
ad No 124, 2004
am F2025L00179
r 94............................................	rep No 65, 1977
r 95............................................	rep No 65, 1977
r 96............................................	rep No 65, 1977
r 97............................................	rep No 65, 1977
r 98............................................	rep No 65, 1977
r 99............................................	rep No 65, 1977
r 100..........................................	rep No 65, 1977
r 101..........................................	rep No 65, 1977
r 102..........................................	rep No 65, 1977
Heading to Part X........................	rs. 1976 No. 138
rep. 2001 No. 309
r. 103.........................................	am. 1976 No. 138
rep. 2001 No. 309
rr. 104, 105.................................	rep. 2001 No. 309
r. 106.........................................	am. 1976 No. 138
rep. 2001 No. 309
rr. 107–109.................................	rep. 2001 No. 309
r. 110.........................................	rep. 1976 No. 138
r. 111.........................................	rep. 2001 No. 309
Part XA
Heading to Part XA.....................	rs. 2001 No. 309
Part XA .....................................	ad. 1976 No. 138
r. 111A......................................	ad. 1976 No. 138
am. 1987 No. 63; 2001 No. 309
r. 111B.......................................	ad. 1976 No. 138
am. 1987 No. 63; 2001 No. 309
r. 111C.......................................	ad. 1976 No. 138
am. 2001 No. 309
r. 111D......................................	ad. 1976 No. 138
am. Act No. 93, 1986; 2001 No. 309
r. 111E.......................................	ad. 1976 No. 138
am. 2001 No. 309
r. 111EA....................................	ad. Act No. 93, 1986
rep. 2001 No. 309
r. 111EB....................................	ad. Act No. 125, 1989
rep. 2001 No. 309
Part XB
Part XB .....................................	ad. 1981 No. 387
r. 111F.......................................	ad. 1981 No. 387
r. 111G......................................	ad. 1981 No. 387
r. 111H......................................	ad. 1981 No. 387
r 111J.........................................	ad No 387, 1981
am No 124, 2004
ed C8
r. 111K......................................	ad. 1981 No. 387
r. 111L.......................................	ad. 1981 No. 387
r. 111M......................................	ad. 1981 No. 387
Part XC
Part XC .....................................	ad. 1981 No. 387
r. 111N......................................	ad. 1981 No. 387
r. 111O......................................	ad. 1981 No. 387
r. 111P.......................................	ad. 1981 No. 387
r. 111Q......................................	ad. 1981 No. 387
r. 111R.......................................	ad. 1981 No. 387
r. 111S.......................................	ad. 1981 No. 387
r. 111T.......................................	ad. 1981 No. 387
Part XD
Part XD .....................................	ad. 1981 No. 387
r. 111U......................................	ad. 1981 No. 387
r. 111V......................................	ad. 1981 No. 387
r. 111W......................................	ad. 1981 No. 387
r. 111X......................................	ad. 1981 No. 387
r. 111Y......................................	ad. 1981 No. 387
r. 111Z.......................................	ad. 1981 No. 387
r. 111ZA....................................	ad. 1981 No. 387
Part XI
r. 112.........................................	am. 1977 No. 65
rs. 2002 No. 37
r. 113.........................................	am. 1977 No. 65
r. 119.........................................	rep. 1977 No. 65
rr. 121, 122.................................	rep. 1977 No. 65
r. 124.........................................	am. 1977 No. 65
r. 125.........................................	am. 1976 No. 138; 1981 No. 387
Part XII
Part XII......................................	ad F2021L01893
r 127..........................................	ad F2021L01893

Endnote 5Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Part 9 (heading)

Kind of editorial change

Numbering or renumbering of provisions

Details of editorial change

This compilation was editorially changed by renumbering Part 9 as Part IX to reflect the Part numbering within the rest of these regulations.

Subregulation 42(1B), regulation 90 (heading) and subregulation 111J(1A)

Kind of editorial change

Updates to references of a law or a provision

Details of editorial change

Subregulation 42(1B), the heading to regulation 90 and subregulation 111J(1A) refer to “Part 9” instead of “Part IX”.

This compilation was editorially changed to update the references from “Part 9” to “Part IX” in subregulation 42(1B), the heading to regulation 90 and subregulation 111J(1A).