Superannuation (Continuing Contributions for Benefits) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 115 1

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Superannuation (Continuing Contributions for Benefits) Regulations 2(Amendment)

I, The ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976.

Dated 26 April 1994.

 P. BENNETT

 Administrator

By His Excellency’s Command,

KIM C. BEAZLEY

Minister for Finance

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1.   Commencement

1.1   These Regulations are taken to have commenced on 3 December 1993.

2.   Amendment

2.1   The Superannuation (Continuing Contributions for Benefits) Regulations are amended as set out in these Regulations.

3.    Regulation 2 (Interpretation)

3.1   Insert the following definition:

“ ‘Commonwealth control’, in relation to a company, means the holding of a controlling interest in the company by all or any of the following:

• (a)

  the Commonwealth (or its nominees);

• (b)

  an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Commonwealth;

• (c)

  a company, or other body corporate, that is under Commonwealth control (within the meaning of this definition).”.

4. Regulation 3A (Classes of persons to which section 14A of the Act applies)

4.1   Add at the end:

• “;

  (l) a class of persons each of whom is a person:

  • (i)

    who is employed by Australian Meat Technology Pty Limited (in this paragraph called ‘AMT’), other than as a casual or temporary part-time employee; and

  • (ii)

    who, immediately before becoming, or last becoming, an employee of AMT:

    • (A)

      was employed by the Commonwealth Scientific and Industrial Research Organisation; and

    • (B)

      was an eligible employee; and

  • (iii)

    in respect of whom (if the person became, or last became, an employee of AMT before the day on which the making of the relevant amendment is notified in the Gazette):

    • (A)

      the person had made a request, in writing before that day, that the person continue to be treated as an eligible employee; and

    • (B)

      payment had been made before that day of all contributions that would have been payable under the Act before that day by the person if the relevant amendment had been made, and its making notified in the Gazette, on or before the day on which the person became an employee of AMT.

“(2)

A reference in a paragraph of subregulation (1) to the relevant amendment is a reference to the amendment by which that paragraph was inserted into that subregulation.”.

5.    Regulation 4 (When s. 14A no longer applies)

5.1   Subregulation 4 (3):

Omit “paragraph 3A (b), (c) or (ca)”, substitute “paragraph 3A (1) (b), (c) or (ca)”.

5.2   Subregulation 4 (5):

Omit “paragraph 3A (f)”, substitute “paragraph 3A (1) (f)”.

5.3   Subregulation 4 (6):

Omit “paragraph 3A (g)”, substitute “paragraph 3A (1) (g)”.

5.4   Paragraph 4 (6) (a):

Omit “subparagraph 3A (g) (iii)”, substitute “subparagraph 3A (1) (g) (iii)”.

5.5   Subregulation 4 (7):

Omit “paragraph 3A (h)”, substitute “paragraph 3A (1) (h)”.

5.6   Subregulation 4 (8):

Omit “paragraph 3A (j)”, substitute “paragraph 3A (1) (j)”.

5.7   Subregulation 4 (9):

Omit “paragraph 3A (k)”, substitute “paragraph 3A (1) (k)”.

5.8   Add at the end:

“(10)

Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (l) at the end of the first occurring of the following days:

• (a)

  the day on which the person ceases to be an employee of Australian Meat Technology Pty Limited (in this subregulation called ‘AMT’);

• (b)

  the day immediately before the day on which the person becomes a casual or temporary part-time employee of AMT;

• (c)

  the day immediately before the day on which the person becomes a member of a superannuation scheme applying to that person’s employment by AMT, other than:

  • (i)

    the scheme provided for under the Act; or

  • (ii)

    a superannuation scheme to which contributions are made only in relation to performance pay;

• (d)

  if Commonwealth control of AMT ceases—the last day on which Commonwealth control of AMT continued.”.

6.    Regulation 5 (Application of Act)

6.1   Subregulation 5 (2):

Omit “paragraph 3A (h).”, substitute “paragraph 3A (1) (h).”.

7.    Schedule 1 (Modification of Act)

7.1   Subitem 2.1 (inserted subsection 159 (1A)):

Add at the end:

• “;

  (i) Australian Meat Technology Pty Limited.”.

8.    Schedule 2 (Modifications of the Act in relation to persons eligible to be paid a mobility allowance)

8.1   Subitem 2.1 (substituted subsection 5 (2)):

Omit “paragraph 3A (h)”, substitute “paragraph 3A (1) (h)”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 May 1994.

2. Statutory Rules 1981 No. 36 as amended by 1987 No. 290; 1989 No. 168; 1990 Nos. 179 and 379; 1991 Nos. 97, 168, 446 and 465; 1992 Nos. 27, 213, 323, 428 and 460; 1993 Nos. 3, 50 and 348; 1994 No. 8.