Superannuation (No. 2)
No. 57 of 1968
An Act to amend the Superannuation Act 1922–1967 in relation to the Retrenchment of
Employees and to make consequential amendments of the Superannuation Act 1968.
[Assented to 25 June 1968]
BE it enacted by the Queen’s Most Excellent
Majesty, the Senate, and the House of Representatives of the Commonwealth of
Australia, as follows:—
Part I.—Preliminary.
Short
title and citation.
1.—(1.) This Act may be cited as the Superannuation Act (No. 2) 1968.
(2.) The Superannuation
Act 1922–1967 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may
be cited as the Superannuation Act 1922–1968.
Commencement.
2.—(1.) This
Act (other than Part III.) shall be deemed to have come into operation on the first
day of September, One thousand nine hundred and sixty-seven.
(2.) Part III. of this Act shall come into
operation on the date of commencement of the Superannuation Act 1968.
Parts.
3. This
Act is divided into Parts, as follows:—
Part
I.—Preliminary (Sections 1–3).
Part
II.—Amendments of the Principal Act (Sections 4–11).
Part
III.—Amendments of the Superannuation Act
1968 (Sections 12–13).
Part II.—Amendments of the Principal Act.
4. Section
39 of the Principal Act is repealed and the following section inserted in its
stead:—
Retrenchment.
“39.
Subject to section forty-one of this Act, the compulsory termination of the
service of a contributor for the reason that his service or position is not
necessary shall, for the purposes of this Act, be deemed to be retrenchment.”.
Dismissal.
5.Section
40 of the Principal Act is amended by omitting from paragraph (b) the words “or discharge”.
Holders
of statutory offices.
6.Section
41b of the Principal Act is
amended by omitting paragraph (b) and
inserting in its stead the following paragraph:—
“(b)
in the case of any other contributor who has not attained the age of sixty
years—be deemed to be retrenchment; and”.
7. Section
87 of the Principal Act is repealed and the following section inserted in its
stead:—
Retrenchment.
“87. Subject to section eighty-seven b of this Act, the compulsory
termination of the service of a contributor to the Provident Account for the
reason that his service or position is not necessary shall, for the purposes of
this Act, be deemed to be retrenchment.”.
Dismissal.
8.Section
87a of the Principal Act is
amended by omitting the words “, retrenchment or discharge” and inserting in
their stead the words “or retrenchment”.
Holders
of statutory offices.
9.Section
87d of the Principal Act is
amended by omitting paragraph (b) and
inserting in its stead the following paragraph:—
“(b)
in the case of any other contributor who has not attained the age of sixty
years—be deemed to be retrenchment; and”.
Date
of becoming employee or contributor for certain purposes.
10.Section
114 of the Principal Act is
amended by omitting from sub-section (1.)
the words “sections twenty and thirty-nine” and inserting in their stead
the words “section twenty”.
Retrenchment.
11.Section
118 of the Principal Act is
amended by omitting from sub-section (1.)
the words “for the purposes of section thirty-nine of this Act, be
deemed to be an employee, and shall,”.
Part III.—Amendments of
the Superannuation Act 1968.
Title.
12.The
title of the Superannuation Act 1968 is amended by inserting after the
words “Superannuation Act 1922–1967” the words “, as amended by
the Superannuation Act (No. 2)
1968,”.
Short
title and citation.
13.Section
1 of the Superannuation Act 1968 is
amended by omitting sub-section (3.) and
inserting in its stead the following sub-sections:—
“(3.) Section
1 of the Superannuation Act (No. 2) 1968 is amended by omitting
sub-section (3.).
“(4.) The
Principal Act, as amended by the Superannuation
Act (No. 2) 1968 and by this Act, may be cited as the Superannuation Act 1922