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

Statutory Rules 1996

No. 297 1

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

I, The 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 11 December 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN FAHEY

Minister for Finance

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1.   Commencement

1.1 These Regulations are taken to have commenced on 1 July 1996.

 

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:

“‘ACT Government 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 Australian Capital Territory (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 Australian Capital Territory;

• (c)

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

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

4.1   Subregulation 3A (1):

Add at the end:

• “(o)

  a class of persons each of whom:

  • (i)

    is a person who, on or after 1 July 1996, became, or becomes, an employee of ACTTAB Limited; and

  • (ii)

    is either:

    • (A)

      a person who, immediately before becoming so employed, was an eligible employee under the Act; or

    • (B)

      a person to whom invalidity pension under the Act was, or would have been (but for the suspension of payment), payable immediately before becoming so employed; or

    • (C)

      a person to whom deferred benefits under the Act were applicable immediately before becoming so employed; or

    • (D)

      a person who, because of the person’s employment in ACTTAB Limited, would be a re-employed former contributor with preserved rights if ACTTAB Limited were an approved authority; and

  • (iii)

    does not cease to be an employee of ACTTAB Limited; and

  • (iv)

    is not, in relation to the person’s employment in ACTTAB 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.”. 

4.2   Subregulation 3A (1A):

Omit “and (1) (n) (iv) (C),”, substitute “, (1) (n) (iv) (C) and (1) (o) (iv) (C),”.

 

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

5.1   Add at the end:

 “(15) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (o) at the end of the day on which ACT Government control of ACTTAB Limited ceases.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 December 1996.

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 and 97.