Superannuation (Salary) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 273 1

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Superannuation (Salary) 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 26 July 1994.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

KIM C. BEAZLEY

Minister for Finance

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1.   Amendment

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

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

2.   Regulation 8P (Interpretation)

2.1   Paragraph 8P (b):

Omit “form;”, substitute “form (which may be in the form of a top-up arrangement);”.

2.2   Regulation 8P:

Add the following definition:

“ ‘top-up arrangement’ has the meaning given by subregulation (2).”.

2.3   Regulation 8P:

Add at the end:

“(2)

Subject to subregulations (3) and (4), a ‘top-up arrangement’ is an arrangement between the person (‘the payee’) to whom, under the arrangement, remuneration is paid and the person (‘the payer’) who pays the remuneration, by which the payer makes contributions in respect of the payee to a superannuation scheme.

“(3)

An arrangement is not a top-up arrangement unless:

• (a)

  the contributions mentioned in subregulation (2):

  • (i)

    constitute part of the payee’s overall remuneration; and

  • (ii)

    are not paid as an addition to remuneration otherwise payable; and

• (b)

  the payer makes payments under the Act:

  • (i)

    in respect of the payee; and

  • (ii)

    in relation to the employment or office to which the arrangement relates.

“(4)

The reference in subregulation (2) to a superannuation scheme is taken:

• (a)

  to include a reference to a scheme applying only in respect of the payee; and

• (b)

  not to include a reference to the scheme constituted by the Act.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 July 1994.

2. Statutory Rules 1978 No. 282 as amended by 1981 No. 5 ; 1985 Nos. 204 and 326; 1986 Nos. 43 and 49; 1987 No. 70; 1988 Nos. 171, 231, 250 and 350; 1989 No. 77; 1990 No. 128; 1991 Nos. 167, 312 and 466; 1992 Nos. 169, 219, 266, 290, 397, 427; 1994 Nos. 18 and 249.