Superannuation (Eligible Employees) Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 429 1

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Superannuation (Eligible Employees) 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 17 December 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

RALPH WILLIS

Minister of State for Finance

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1.   Amendment

1.1   The Superannuation (Eligible Employees) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 3 (Interpretation)

2.1   Insert the following definitions:

“ ‘ADI’ means Australian Defence Industries Pty. Ltd.;

‘mobility allowance’ means an allowance of that name payable in accordance with a determination made under section 82d of the Public Service Act 1922;”.

3.   Regulation 4 (Persons not included in the definition of “eligible employee”)

3.1   Paragraph 4 (a):

Add at the end:

• “; and (iii)

  are not eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving;”.

3.2   Paragraph 4 (aa):

Add at the end:

• “; and (iv)

  are not eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving;”.

3.3   Paragraph 4 (d):

Omit the paragraph.

3.4   Paragraph 4 (la):

Add at the end:

• “; and (iii)

  are not eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving;”.

3.5   Paragraph 4 (o):

Add at the end:

• “; and (iv)

  who are not eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving;”.

3.6   Paragraph 4 (zj):

Omit the paragraph, substitute:

• “(zj)

  persons (including persons referred to in a direction given under section 11 or 13 of the Act) who are directors or employees of ADI, other than:

  • (i)

    a person:

     (a) who became a director or an employee before 23 May 1990 and has, since becoming a director or an employee, at all times been a director or an employee; and

     (b) who was an eligible employee immediately before becoming a director or an employee; and

    (c) who is in the employment of ADI by operation of a declaration under section 81c of the Public Service Act 1922, section 42d of the Naval Defence Act 1910 or section 10a of the Supply and Development Act 1939; and

  • (ii)

    a person:

     (a) who became a director or an employee before 23 May 1990 and who has, since becoming a director or an employee, at all times been a director or an employee; and

     (b) who was an eligible employee immediately before becoming a director or an employee; and

    (c) who is not in the employment of ADI by operation of a declaration under section 81c of the Public Service Act 1922, section 42d of the Naval Defence Act 1910 or section 10a of the Supply and Development Act 1939; and

     (d) who did not ask in writing before 23 May 1990 not to be treated as an eligible employee; and

  • (iii)

    a person who is a director or an employee during a period while on leave of absence without pay from his or her employment by the Commonwealth or an approved authority other than ADI; and

  • (iv)

    a person who was an invalidity pensioner immediately before becoming a director or an employee; and

  • (v)

    a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies;”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1992.

2. Statutory Rules 1976 No. 140 amended by 1977 No. 157; 1978 Nos.15 and 280; 1980 No. 181; 1982 No. 235; 1983 Nos 76 and 77; 1984 No.113; 1985 Nos. 343 and 375; 1986 Nos. 265, 345 and 373; 1987 Nos. 10, 62, 114, 225 and 306; 1988 Nos. 41, 59 and 149; 1989 Nos. 37, 85, 98, 121 and 169; 1990 Nos. 97, 142, 178 and 180.