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

Statutory Rules 1998No. 242 1

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Superannuation (CSS) Continuing Contributions for Benefits Regulations2 (Amendment)

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976.

Dated 30 July 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN FAHEY

Minister for Finance and Administration

____________

1.   Commencement

1.1   Subject to subregulation 1.2, these Regulations are taken to have commenced on 1 June 1998.

1.2   Regulation 4, and subregulations 6.1 and 6.2, commence on 1 August 1998.

2.   Amendment

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

3.   Regulation 2 (Interpretation)

3.1   Subregulation 2 (1):

Insert the following definition:

“AWB Limited means the company (ACN 081890459) that was established under the Corporations Law on 1 June 1998.”.

4. Regulation 3 (Classes of persons to which section 14A of the Act does not apply)

4.1   After paragraph 3 (1) (o), insert:

• “; (p)

  a class of persons each of whom:

  • (i)

    on or after 1 August 1998, becomes a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; and

  • (ii)

    is not a person to whom, because of subregulation (1B), this paragraph does not apply.”.

4.2   After subregulation 3 (1A), insert:

 “(1B) Paragraph (1) (p) does not apply to a person if:

• (a)

  a body known as the Australian Government Solicitor is established by statute; and

• (b)

  the person becomes an employee of that body by reason of a declaration under subsection 81C (1) of the Public Service Act.”.

5. Regulation 3A (Classes of persons to which s 14A of the Act applies)

5.1   After paragraph 3A (1) (s), insert:

• “; (t)

  a class of persons each of whom:

  • (i)

    became an employee of AWB Limited during the period from 1 June 1998 to 30 June 1999 (inclusive); and

  • (ii)

    immediately before becoming so employed was an eligible employee employed by the Australian Wheat Board; and

  • (iii)

    is not, in relation to the person’s employment with AWB Limited, a member of a superannuation scheme, other than:

    • (A)

      the scheme provided for by the Act; or

    • (B)

      a scheme to which contributions are made in respect of the person only in relation to performance pay; or

    • (C)

      in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies—a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and

  • (iv)

    is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies.”.

5.2   Subregulation 3A (1A):

Omit “and (1) (s) (iii) (C),”, substitute “, (1) (s) (iii) (C) and (1) (t) (iii) (C),”.

6. Regulation 4 (When s 14A of the Act no longer applies)

6.1   After subparagraph 4 (1) (c) (ii), insert:

• “or 

   (iii) in the case of a person who, but for subparagraph 3 (1) (p) (ii), would not be a relevant person—a terminating event mentioned in subregulation (1B) occurs;”.

6.2   After subregulation 4 (1A), insert:

 “(1B) For subparagraph (1) (c) (iii), the following events are terminating events:

• (a)

  the person ceases to be employed by the body mentioned, in relation to the person, in subregulation 3 (1B);

• (b)

  that body becomes neither:

  • (i)

    an Agency within the meaning of the Financial Management and Accountability Act 1997; nor

  • (ii)

    a Commonwealth authority, or a Commonwealth company, within the meaning of the Commonwealth Authorities and Companies Act 1997.”.

6.3   Subregulation 4 (1A):

Omit “and (19) (b) (iii),”, substitute “, (19) (b) (iii) and (20) (b) (iii),”.

6.4   After subregulation 4 (19), insert:

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

• (a)

  the day on which the person ceases to be an employee of AWB Limited;

• (b)

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

  • (i)

    the scheme provided for in the Act; or

  • (ii)

    a scheme to which contributions are made in respect of the person only in relation to performance pay; or

  • (iii)

    in the case of a person to whom, under subregulation (1A), this subparagraph applies—a scheme of which the person is taken, under subregulation 2 (2), to be a member for top‑up purposes;

• (c)

  if Commonwealth control of AWB Limited ceases—the last day on which AWB Limited is under Commonwealth control.”.

7.   Schedule 1 (Modification of Act)

7.1   Subclause 2.1:

After inserted paragraph 159 (1A) (p), insert:

• “; (q)

  AWB Limited.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 July 1998.

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 (as amended by 1992 No. 213) and 465; 1992 Nos. 27, 213, 323, 428 and 460 (as amended by 1994 No. 271); 1993 Nos. 3, 50 and 348; 1994 Nos. 8, 115, 116, 248, 271 and 335; 1995 Nos. 97, 201, 349 and 438; 1996 Nos. 6, 97 and 297; 1997 No. 47 and 215; 1998 No. 91.