Superannuation Acts Amendment Act 1978

Administered by Department of Finance

Legislation au C2004A01816 In force Act

Legislation content

SUPERANNUATION ACTS AMENDMENT ACT 1978

No. 17 of 1978

An Act to amend the Superannuation Act 1922, the Superannuation Act 1976 and the Superannuation Amendment Act 1976, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Superannuation Acts Amendment Act 1978.

Commencement

2. (1) Sections 1 and 2, sub-sections 6(2) and 18(2), sections 19, 20, 21 and 22, sub-section 23(2) and sections 26, 27, 52, 61, 62, 63, 64, 65, 67, 68, 69, 70, 77, 80 and 81 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Sections 9, 10, 11, 12 and 13 shall be deemed to have come into operation on 8 June 1973.

(3) The remaining provisions of this Act shall be deemed to have come into operation on 1 July 1976.

PART II—AMENDMENTS OF SUPERANNUATION ACT 1922

Principal Act

3. The Superannuation Act 1922 is in this Part referred to as the Principal Act.

Payments out of Consolidated Revenue Fund

4. Section 33 of the Principal Act is amended by omitting from sub-section (8) all the words after 1 July 1976 (first occurring).

Restoration of widows or widowers pension previously cancelled on remarriage

5. Section 48aa of the Principal Act is amended—

 

(a) by inserting in paragraph (b) of sub-section (1) , having regard to such matters (if any) as are prescribed and such other matters as he considers relevant, after the Commissioner (last occurring); and

(b) by inserting in sub-section (1) having regard to such matters (if any) as are prescribed and such other matters as he considers relevant after the Commissioner (last occurring).

Special grants of pension

6. (1) Section 48ab of the Principal Act is amended—

(a) by inserting in sub-section (1) , having regard to such matters (if any) as are prescribed and such other matters as he considers relevant, after the Commissioner (last occurring);

(b) by inserting after sub-section (1) the following sub-sections:

(1a) If, at any time after the commencement of the Superannuation Act 1976, a pension is not payable under section 46 or 48 of this Act in respect of a person in respect of whom pension would be payable at that time under Part VI of the Superannuation Act 1976 if that Act had come into force before the death of a deceased contributor (not being a person who, if that Act had come into force before the deceased contributor had died, would, at the time of the deceased contributors death, have been a spouse of the deceased contributor for the purposes of that Act), the Commissioner may grant, from such date as the Commissioner specifies, a pension in respect of the person under section 46 or 48 of this Act at such rate and on such conditions as the Commissioner, having regard to such matters (if any) as are prescribed and such other matters as he considers relevant, determines.

(1b) The date specified by the Commissioner under sub-section (1) or (1a) in relation to the granting of an entitlement to pension shall not, unless the Commissioner is satisfied that special circumstances exist that justify an earlier date being so specified, be a date earlier than the date of the direction, and shall not, in any event, be a date earlier than 1 July 1976.;

(c) by inserting in sub-section (3) , having regard to such matters (if any) as are prescribed and such other matters as he considers relevant, after the Commissioner (last occurring);

(d) by inserting after sub-section (3) the following sub-sections:

(3a) The Commissioner shall not grant a pension under sub-section (1) in relation to a deceased pensioner if the granting of that pension, or the granting of that pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under this Act at that time in relation to the deceased pensioner exceeding the rate of pension to which the deceased pensioner would have been entitled under this Act at that time if he had not died.

(3b) The Commissioner shall not grant a pension under sub-section (1a) in relation to a deceased contributor if the granting of that pension, or the granting of that pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under this Act at that time in relation to the deceased contributor exceeding the rate of pension to which the deceased contributor would have been entitled under this Act at that time if he had not died but had, on the day immediately following the date of his death, become entitled to pension under section 38.

(e) by omitting from sub-section (4) of this section (wherever occurring) and substituting or (1a); and

(f) by omitting from sub-section (5) sub-section (1) and substituting ‘‘this section

 

(2) Section 48ab of the Principal Act is amended by inserting after sub-section (1b) the following sub-section:

(1c) A determination by the Commissioner for the purposes of sub-section (1) or (1a) shall be in writing.

Circumstances in which person entitled to deferred benefits

7. Section 119w of the Principal Act is amended by omitting from sub-section (8) paragraph (a) of.

Application of Part on and after 1 July 1976

8. Section 119zea of the Principal Act is amended—

(a) by omitting from paragraph (c) and (last occurring);

(b) by inserting in paragraph (d) , the reference in sub-paragraph (i) of paragraph (a) of sub-section (8), and the reference in sub-paragraph (i) of paragraph (a) of sub-section (9), of section 119zc after of section 119x; and

(c) by adding at the end thereof the following word and paragraph:

; and (e) the references in paragraph (d) of sub-section (7) of section 119zc to a payment to be made out of the Fund or the Provident Account shall each be read as a reference to a payment to be made out of the new Superannuation Fund..

Increase in certain pensions for 1973-74

9. Section 119zg is amended by adding at the end thereof the following sub-section:

(4) Where, by reason of the death on 30 June 1973 of a person in receipt of a pension, a pension becomes payable on 1 July 1973 to another person, that other person shall be entitled to such an increase in the amount of the annual pension payable to the person as the person would have been entitled to had the pension become payable to the person on 30 June 1973..


Increase in certain pensions for 1974-75 and 1975-76

10. Section 119zh of the Principal Act is amended by adding at the end thereof the following sub-section:

 

(4) Where, by reason of the death on 30 June in the year immediately preceding a prescribed year of a person in receipt of a pension, a pension becomes payable on the following day to another person, that other person shall be entitled to such an increase in the amount of the annual pension payable to the person as the person would have been entitled to had the pension become payable to the person on that 30 June..

Adjustment of first increase under this Part in case of persons who retired after commencement of Superannuation (Pension Increases) Act 1971

11. Section 119zj of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:

(2) If the retirement referred to in paragraph (1)(a) or sub-paragraph (1)(b)(ii), or the death referred to in sub-paragraph (1)(b)(i), took place after 15 June 1973, or the pension that became payable by virtue of section 119w to the person, or, in a case where clause (1)(c)(ii)(b) applies, to the husband or wife of the person, became so payable after 16 June 1973, the person is not entitled to the increase.

(3) If the retirement referred to in paragraph (1)(a) or sub-paragraph (1)(b)(ii), or the death referred to in sub-paragraph (1)(b)(i), took place on or before 15 June 1973, or the pension that became payable by virtue of section 119w to the person, or, in a case where clause (1)(c)(ii)(b) applies, to the husband or wife of the person, became so payable on or before 16 June 1973, the amount of the increase is so much only of the amount that, but for this section, would have been the amount of the increase as bears to that last-mentioned amount the same proportion as the number of months in the period that commenced on the day next following the day on which the retirement or death took place, or the period that commenced on the day on which the pension became payable, and ended on 30 June 1973 bears to 21..

Adjustment of increase in case of persons who retired after previous increase granted under Part

12. Section 119zk of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:

(2) If the retirement referred to in paragraph (1)(a) or sub-paragraph (1)(b)(ii), or the death referred to in sub-paragraph (1)(b)(i), took place after 15 June in the immediately preceding year, or the pension that became payable by virtue of section 119w to the person, or, in a case where clause (1)(c)(ii)(b) applies, to the husband or wife of the person, became so payable after 16 June in the immediately preceding year, the person is not entitled to the increase.

(3) If the retirement referred to in paragraph (1)(a) or sub-paragraph (1)(b)(ii), or the death referred to in sub-paragraph (1)(b)(i), took place on or before 15 June in the immediately preceding year, or the pension that became payable by virtue of section 119w to the person, or, in a case where clause (1)(c)(ii)(b) applies, to the husband or wife of the person, became so payable on or before 16 June in the immediately preceding year, the amount of the increase is so much only of the amount that, but for this section, would have been the amount of the increase as bears to that last-mentioned amount the same proportion as the number of months in the period that commenced on the day next following the day on which the retirement or death took place, or the period that commenced on the day on which the pension became payable, and ended on 30 June in the immediately preceding year bears to 12..

Date of effect of increase

13. Section 119zo of the Principal Act is amended by inserting , or is, under sub-section (4) of section 119zg or sub-section (4) of section 119zh, to be treated as having been, after was.


Interpretation

14. Section 120 of the Principal Act is amended—

(a) by omitting the definition of pension in sub-section (1) and substituting the following definition—

“‘pension includes a pension payable by virtue of section 9 or 14 of the Superannuation Act (No. 2) 1956 or section 10 of the Superannuation (Pension Increases) Act 1971, but does not include—

(a) a pension that became payable under section 71 of this Act, not being such a pension for which contributions were made to a State Fund as defined by section 101 of this Act; or

(b) a pension payable (whether under section 71 of this Act or otherwise) in respect of a child;;

(b) by omitting from the definition of prescribed year in sub-section (1) , and each and substituting or a; and

(c) by inserting in sub-section (2) or publishes after has published.

Increases in pensions

15. Section 121 of the Principal Act is amended—

(a) by omitting from sub-section (3) the prescribed percentage is a percentage ascertained in accordance with the formula—

100 (A-B)

B

where— and substituting the prescribed percentage, in relation to a prescribed year, is the percentage that represents A—B expressed as a percentage of B, where—; and

(b) by adding at the end thereof the following sub-section:

(4) Where, by reason of the death on 30 June in the year immediately preceding a prescribed year of a person in receipt of a pension, a pension becomes payable on the following day to another person, that other person shall be entitled to such an increase in the rate of that pension as the person would have been entitled to had the pension become payable to the person on that 30 June..

Adjustment of increase in case of persons who become entitled to pension after previous increase

16. Section 122 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:

(2) If the retirement referred to in paragraph (1)(a) or sub-paragraph (1)(b)(ii), or the death referred to in sub-paragraph (1)(b)(i), took place after 15 June in the year immediately preceding the relevant prescribed year, or the pension that became payable by virtue of section 119w to the person, or, in a case where clause (1)(c)(ii)(b) applies, to the husband or wife of the person, became so payable after 16 June in the year immediately preceding the relevant prescribed year, the person is not entitled to the increase.

(3) If the retirement referred to in paragraph (1)(a) or sub-paragraph (1)(b)(ii), or the death referred to in sub-paragraph (1)(b)(i), took place on or before 15 June in the year immediately preceding the relevant prescribed year, or the pension that became payable by virtue of section 119w to the person, or, in a case where clause (1)(c)(ii)(b) applies, to the husband or wife of the person, became so payable on or before 16 June in the year immediately preceding the relevant prescribed year, the amount of the increase is so much only of the amount that, but for this section, would have been the amount of the increase as bears to that last-mentioned amount the same proportion as the number of months in the period that commenced on the day next following the day on which the retirement or death took place, or the period that commenced on the day on which the pension became payable, and ended on 30 June in that immediately preceding year bears to 12..

Date of effect of increases

17. Section 126 of the Principal Act is amended by inserting , or is, under sub-section (4) of section 121, to be treated as having been, after was.


18. (1) Before section 135 of the Principal Act the following section is inserted in Part XII:

Benefits to be paid out of Consolidated Revenue

134.(1) Instalments of pension, and any other benefits or moneys, that have become payable to a person under this Act (otherwise than by reason of, or for a reason connected with, the exercise by the Board of its power under section 12 to invest moneys of the Fund) or under another Superannuation Act, but have not been paid, or that became payable on or after 1 July 1976, shall be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

(2) In sub-section (1), another Superannuation Act means the Superannuation Act 1965, the Superannuation (Pension Increases) Act 1971, the Superannuation (Distribution of Surplus) Act 1974 and any other Act enacted before 1 July 1976 that is declared by the regulations to be a Superannuation Act for the purposes of this section..

(2) Instalments of pension, and any other benefits or moneys, referred to in section 134 of the Principal Act as amended by sub-section (1) that were paid on or after 1 July 1976 and before the commencement of this sub-section shall be deemed to have been paid out of the appropriation made by that section.

Repeal of section 141

19. (1) Section 141 of the Principal Act is repealed.

(2) The repeal effected by sub-section (1) shall not affect the hearing and determination of a proceeding instituted in the High Court under the section repealed by sub-section (1).

References to Board to include Commissioner

20. Section 149b of the Principal Act is amended by omitting all the words after before that date.

Formal amendments

21. The Principal Act is amended as set out in the Schedule.

PART III—AMENDMENTS OF SUPERANNUATION ACT 1976

Principal Act

22. The Superannuation Act 1976 is in this Part referred to as the Principal Act.

Interpretation

23. (1) Section 3 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of accumulated basic contributions and substituting the following definition:

“‘accumulated basic contributions, in relation to a person who has ceased to be an eligible employee, means an amount equal to the sum of the basic contributions that have been, or are deemed to have been, paid, or have become payable, by him on or after his first day of service and the amount of any interest that, in accordance with the regulations, is payable in respect of those contributions together with, in the case of a person who had previously ceased to be an eligible employee on an occasion earlier than his first day of service, any amount that, under section 7a, is to be added to the amount of his accumulated basic contributions;;

(b) by omitting from sub-section (1) the definition of accumulated supplementary contributions and substituting the following definition:

“‘accumulated supplementary contributions, in relation to a person who has ceased to be an eligible employee, means an amount equal to the sum of the supplementary contributions that have been, or are deemed to have been, paid, or have become payable, by him on or after his first day of service and the amount of any interest that, in accordance with the regulations, is payable in respect of those contributions together with, in the case of a person who had previously ceased to be an eligible employee on an occasion earlier than his first day of service, any amount that, under section 7a, is to be added to the amount of his accumulated supplementary contributions;

(c) by omitting from the definition of Defence Force Retirement and Death Benefits Act in sub-section (1) as amended and in force from time to time;


(d) by inserting in the definition of eligible employee in sub-section (1) (being a class that may be specified in the regulations by reference to criteria that may include whether or not the persons in that class have requested that they be treated as eligible employees and, for the purpose of specifying a class of persons, the regulations may make provision with respect to the time within which, and the manner in which, such a request shall be made) after a prescribed class of persons;

(e) by inserting in the definition of existing contributor in sub-section (1) who is, or has at any time been, a person after person;

(f) by omitting from the definition of Public Service Act in sub-section (1) as amended and in force from time to time; and

(g) by omitting from the definition of superseded Act in sub-section (1) as amended and in force from time to time.

(2) Section 3 of the Principal Act is amended by omitting from the definition of pensioner in sub-section (1) 154(6) and substituting 154(7).

 

 

24. After section 7 of the Principal Act the following section is inserted:

Accumulated basic and supplementary contributions— additional amounts

7a. (1) Where—

(a) a person ceases to be an eligible employee and, upon his so ceasing, invalidity pension becomes payable to him in accordance with section 67 or 70; and

(b) his entitlement to the pension is cancelled under sub-section 76(1) upon his again becoming an eligible employee,

then, upon his next ceasing to be an eligible employee, there shall be added to the amount that, but for this sub-section, would be the amount of his accumulated basic contributions an amount equal to the amount paid to the Fund under sub-section 112(5) in respect of the person upon his again becoming an eligible employee as referred to in paragraph (b), together with the amount of any interest that, in accordance with the regulations, is payable in respect of the amount.

(2) Where—

(a) a person ceases to be an eligible employee and, upon his so ceasing, deferred benefits become applicable in relation to him by virtue of Division 3 of Part IX;

(b) a deferred benefit does not become payable to him; and

(c) those deferred benefits cease, by virtue of paragraph 144(1)(b), to be applicable in relation to the person upon his again becoming an eligible employee,

then, upon his next ceasing to be an eligible employee—

(d) there shall be added to the amount that, but for this sub-section, would be the amount of his accumulated basic contributions an amount equal to the amount that was his accumulated basic contributions upon his ceasing to be an eligible employee as referred to in paragraph (a), together with the amount of any interest that, in accordance with the regulations, is payable in respect of the amount; and

(e) there shall be added to the amount that, but for this sub-section, would be the amount of his accumulated supplementary contributions an amount equal to the amount that was his accumulated supplementary contributions upon his ceasing to be an eligible employee as referred to in paragraph (a), together with the amount of any interest that, in accordance with the regulations, is payable in respect of the amount.

(3) Where—

(a) a person ceases to be an eligible employee and, upon his so ceasing, deferred benefits become applicable in relation to him by virtue of Division 3 of Part IX;

(b) those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to him in accordance with section 67 or 70;

(c) the person does not, before again becoming an eligible employee, become entitled to deferred benefit by way of invalidity benefit otherwise than in accordance with section 67 or 70; and


(d) his entitlement to deferred benefit is cancelled under sub-section 76(1) upon his again becoming an eligible employee,

then, upon his next ceasing to be an eligible employee, there shall be added to the amount that, but for this sub-section, would be the amount of his accumulated basic contributions an amount equal to the amount paid to the Fund under sub-section 112(9) in respect of the person upon his entitlement to deferred benefit being cancelled under sub-section 76(1), together with the amount of any interest that, in accordance with the regulations, is payable in respect of the amount.

 

(4) Where—

(a) a person ceases to be an eligible employee and, upon his so ceasing, deferred benefits become applicable in relation to him by virtue of Division 3 of Part IX;

(b) those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to him in accordance with section 67 or 70;

(c) his entitlement to the deferred benefit is cancelled under sub-section 143(2) and deferred benefits again become applicable in relation to him;

(d) the person does not, before again becoming an eligible employee, become entitled to deferred benefit by way of invalidity benefit otherwise than in accordance with section 67 or 70; and

(e) those deferred benefits cease, by virtue of paragraph 144(1)(b), to be applicable in relation to the person upon his again becoming an eligible employee,

then, upon his next ceasing to be an eligible employee, there shall be added to the amount that, but for this sub-section, would be the amount of his accumulated basic contributions an amount equal to the amount paid, or last paid, to the Fund under sub-section 112(9) in respect of the person upon his entitlement to deferred benefit being cancelled under sub-section 143(2), together with the amount of any interest that, in accordance with the regulations, is payable in respect of the amount..

Temporary employees likely to be continued in employment

25. Section 11 of the Principal Act is amended by adding at the end thereof the following sub-section:

 

(4) The regulations may make provision for modifying this section in the application of the section to and in relation to a prescribed temporary employee, or to and in relation to a prescribed class of temporary employees..

Medical examinations and benefit classification certificates

26. Section 16 of the Principal Act is amended—

(a) by omitting sub-section (2) and substituting the following sub-section:

(2) The Commissioner may, for the purposes of this section, require a person (other than a person to whom section 184 applies) who proposes to become or becomes an eligible employee to undergo, within such period as the Commissioner specifies, such medical examination or examinations by an approved medical practitioner or practitioners as the Commissioner determines.;

(b) by inserting after sub-section (5) the following sub-section:

(5a) In the application of this Act to—

(a) an eligible employee who has previously ceased to be an eligible employee by reason of retirement on the ground of invalidity, being an eligible employee to whom, upon his so ceasing, invalidity benefit was payable in accordance with section 69, 72 or 73; or

(b) an eligible employee who has previously ceased to be an eligible employee otherwise than by reason of retirement on the ground of invalidity,

a reference in this Act to a benefit classification certificate that is in force in respect of the eligible employee shall be read as not including a reference to a benefit classification certificate (if any) that was issued in respect of him before or upon his so previously ceasing to be an eligible employee.

(c) by inserting in sub-section (6) (if any) after examination;

(d) by inserting in sub-section (8) (if any) after reports;

(e) by omitting from sub-section (8) (if any);

(f) by inserting in paragraph (a) of sub-section (8) continue to after cease to;

(g) by inserting in sub-section (9) under sub-section (8) after certificate;

(h) by adding at the end of paragraph (b) of sub-section (10) or by a physical or mental condition or conditions connected with such a condition or such conditions,;

(j) by omitting from sub-section (10) all the words after paragraph (b) and substituting the Commissioner shall issue in respect of the person a benefit classification certificate in which there is or are specified the physical or mental condition or conditions of the person which, in the opinion of the Commissioner, existed at the time the person became an eligible employee and, for the purposes of this Act, the certificate shall be deemed to have been in force in respect of the person immediately before his death or retirement;

(k) by omitting sub-section (11) and substituting the following sub-sections:

(11) Where—

(a) a person ceases to be an eligible employee by reason of death or retirement on the ground of invalidity;

(b) his period of contributory service is less than 20 years and, on the day on which he ceases to be an eligible employee, he has not attained his maximum retiring age;

(c) a benefit classification certificate is not in force in respect of the person immediately before his death or retirement or, if a benefit classification certificate is in force in respect of him at that time, the Commissioner is not of the opinion that the death or incapacity which was the ground for his retirement was caused, or substantially contributed to, by a physical or mental condition or conditions of the person specified in the certificate, or by a physical or mental condition or conditions connected with such a condition or such conditions; and

(d) the Commissioner is satisfied—

(i) that, at or in connexion with a medical examination which the person was required to undergo under this section, the person failed to furnish any information required to be furnished by him or furnished false information; and

(ii) that, if the person had not failed to furnish that information or had not furnished that false information, there would have been in force in respect of the person, immediately before his death or retirement, a benefit classification certificate in which there would have been specified the physical or mental condition or conditions which caused, or substantially contributed to, the death or retirement, or a physical or mental condition or conditions connected with such a condition or such conditions,

the Commissioner shall issue in respect of the person a benefit classification certificate in which there is or are specified the physical or mental condition or conditions of the person which, in the opinion of the Commissioner—

(e) in a case where a benefit classification certificate is in force in respect of the person at the time he dies or retires—would have been the physical or mental condition or conditions of the person specified in the certificate at that time; or

(f) in any other case—would have been the physical or mental condition or conditions of the person specified, at the time the person dies or retires, in the benefit classification certificate that would have been in force in respect of the person,

if the person had not failed to furnish that information or had not furnished that false information and, for the purposes of this Act, the certificate shall be deemed to have been in force in respect of the person immediately before his death or retirement.

(11a) Where a benefit classification certificate is in force in respect of a person in respect of whom a benefit classification certificate is issued under sub-section (11), the first-mentioned certificate shall be deemed to have been revoked by the second-mentioned certificate with effect from the time immediately before the death of the person or the retirement of the person by reason of which the second-mentioned certificate was issued.; and


(l) by omitting from sub-section (13) the Secretary to the Department of the Treasury and substituting the Permanent Head of the Department that deals with matters arising under this Act.

Investment of Fund

27. Section 42 of the Principal Act is amended by inserting after sub-section (5) the following sub-sections:

(5a) Subject to sub-section (5b), the Trust and the Fund are not otherwise subject to taxation under a law of the Commonwealth or to taxation under a law of a State or Territory to which the Commonwealth is not subject.

(5b) The regulations may provide that sub-section (5a) does not apply in relation to taxation under a specified law.

Leave of absence without pay

28. Section 51 of the Principal Act is amended—

(a) by omitting from sub-section (1) an eligible employee who and substituting a person who is, or at any time has been, an eligible employee and who, while an eligible employee,

(b) by inserting after sub-section (1) the following sub-section:

(1a) A direction by the Minister for the purposes of sub-section (1) does not, unless expressly provided by the direction, apply to a period of leave that has been completed before the direction is given.

(c) by omitting from sub-section (2) eligible employee in relation to whom the direction is given and substituting person on the leave, or on leave of a kind, to which the direction applies

(d) by omitting from sub-section (3) An eligible employee (first occurring) and substituting A person;

(e) by omitting from sub-section (3) an eligible employee (last occurring) and substituting a person; and

(f) by omitting from sub-section (3) eligible employees and substituting persons.

Entitlement to age retirement benefit

29. Section 55 of the Principal Act is amended—

(a) by omitting from sub-section (2) or retirement on the ground of invalidity;

(b) by omitting from sub-section (2) sub-section (3) and substituting sub-sections (2a) and (3); and

(c) by inserting after sub-section (2) the following sub-section:

(2a) Sub-section (2) does not apply to a person who ceases to be an eligible employee by reason of retirement on the ground of invalidity unless at the time that he ceases to be an eligible employee he has attained his maximum retiring age..

Rate of standard age retirement pension

30. Section 56 of the Principal Act is amended by omitting from sub-section (4) completed and substituting complete.

Rate of additional early retirement pension and amount of lump sum benefit

31. Section 61 of the Principal Act is amended by omitting sub-sections (3) and (4) and substituting the following sub-sections:

 

(3) The factor applicable to a person for the purposes of sub-sections (1) and (2) is such factor as, having regard to his age on his last day of service and such other matters (if any) as are prescribed, is applicable to him in accordance with regulations made for the purposes of this sub-section.

 

(4) In this section—

notional final annual rate of salary, in relation to a person, means the annual rate of the persons final annual rate of salary reduced by such percentage of that rate as, having regard to his age on his last day of service and such other matters (if any) as are prescribed, is applicable to him in accordance with regulations made for the purposes of this definition.


Entitlement to invalidity benefit

32. Section 66 of the Principal Act is amended—

(a) by omitting from sub-sections (1) and (2) (3) and (4) and substituting (3), (3a) and (4);

(b) by inserting in paragraph (c) of sub-section (2) or conditions after condition (second occurring); and

(c) by inserting after sub-section (3) the following sub-sections:

(3a) Where—

(a) a person ceases to be an eligible employee and, upon his so ceasing, deferred benefits become applicable in relation to him by virtue of Division 3 of Part IX;

(b) deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to him in accordance with section 68 or 71;

(c) the deferred benefit is cancelled under sub-section 76(1) upon his again becoming an eligible employee or is cancelled under sub-section 143(2); and

(d) the person later ceases to be an eligible employee by reason of retirement on the ground of invalidity before attaining his maximum retiring age or becomes entitled to deferred benefit by way of invalidity benefit,

the person is not entitled to invalidity benefit in accordance with section 67 or 70, but he is entitled to invalidity benefit in accordance with section 68 or 71, as the case may be, as if he had made an election under whichever of those sections is applicable.

 

(3b) Sub-sections (3) and (3a) shall not be taken to prevent a person who would, but for those sub-sections, be entitled to make an election under section 69 or 72 from making such an election and becoming entitled to invalidity benefit in accordance with whichever of those sections is applicable..

Cancellation of invalidity pension where invalidity pensioner again becomes eligible employee, &c.

33. Section 76 of the Principal Act is amended—

(a) by omitting from sub-section (2) after he again ceases to be an eligible employee and substituting upon or after his again ceasing to be an eligible employee as referred to in paragraph (c); and

(b) by omitting paragraphs (d) and (e) of sub-section (2) and substituting the following paragraphs:

(d) in the case of pension payable to the person—

(i) the rate at which the invalidity pension referred to in paragraph (a) would have been payable to him if he had not again become an eligible employee; or

(ii) if a lesser rate is applicable in relation to him under the regulations—that lesser rate; and

(e) in the case of pension payable in respect of the person—

(i) the rate at which that pension would have been payable in respect of him if he had not again become an eligible employee; or

(ii) if a lesser rate is applicable in relation to him under the regulations—that lesser rate.

Partial invalidity pension where eligible employees salary decreases for health reasons

34. Section 78 of the Principal Act is amended—

(a) by inserting in sub-paragraph (ii) of paragraph (b) of sub-section (1) or conditions after condition (second occurring); and

(b) by inserting in sub-paragraph (ii) of paragraph (b) of sub-section (2) or conditions after condition (second occurring).

Payment of accumulated contributions where no other benefit payable under Part

35. Section 80 of the Principal Act is amended—

(a) by omitting from sub-section (1) sub-section (2) and substituting sub-sections (2) and (3); and


(b) by omitting sub-section (2) and substituting the following sub-sections:

 

(2) Where—

(a) a person ceases to be an eligible employee and, upon his so ceasing, invalidity pension becomes payable to him in accordance with section 67 or 70;

(b) his entitlement to the pension is cancelled under sub-section 76 (1) upon his again becoming an eligible employee; and

(c) the person again ceases to be an eligible employee, otherwise than by reason of death, but, upon so ceasing,

does not become entitled to benefit under Division 1, 2 or 4 of this Part or under Division 3 of Part IX,

the person is entitled to a lump sum benefit equal to the sum of—

(d) an amount equal to so much of his accumulated basic contributions as would be applicable in relation to him but for section 7a;

(e) his accumulated supplementary contributions; and

(f) where the amount that, under section 7a, is to be added to the amount of his accumulated basic contributions exceeds the total of the amounts of invalidity pension at any time paid to him in accordance with section 67 or 70 and the amounts of deferred benefit by way of invalidity pension at any time paid to him in accordance with either of those sections (other than an amount (if any) taken into account in a previous application of this sub-section or sub-section (3) in relation to him)—the amount of that excess.

 

(3) Where—

(a) a person ceases to be an eligible employee and, upon his so ceasing, deferred benefits become applicable in relation to him by virtue of Division 3 of Part IX;

(b) those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to him in accordance with section 67 or 70;

(c) the person does not, before again becoming an eligible employee, become entitled to deferred benefit by way of invalidity benefit otherwise than in accordance with section 67 or 70;

(d) his entitlement to deferred benefit is cancelled under sub-section 76(1) upon his again becoming an eligible employee or is cancelled under sub-section 143(2) and he later becomes an eligible employee; and

(e) the person again ceases to be an eligible employee, otherwise than by reason of death, but, upon so ceasing, does not become entitled to benefit under Division 1, 2 or 4 of this Part or under Division 3 of Part IX,

the person is entitled to a lump sum benefit equal to the sum of—

 

(f) an amount equal to so much of his accumulated basic contributions as would be applicable in relation to him but for section 7a;

(g) his accumulated supplementary contributions; and

(h) where the amount that, under section 7a, is to be added to the amount of his accumulated basic contributions exceeds the total of the amounts of invalidity pension at any time paid to him in accordance with section 67 or 70 and the amounts of deferred benefit by way of invalidity pension at any time paid to him in accordance with either of those sections (other than an amount (if any) taken into account in a previous application of this sub-section or sub-section (2) in relation to him)—the amount of that excess..

Entitlement to spouses benefit under Division

36. Section 81 of the Principal Act is amended—

(a) by inserting in paragraph (c) of sub-section (2) or conditions after condition (second occurring);

(b) by inserting in sub-section (3) or (3a) after 66(3); and


(c) by inserting after sub-section (3) the following sub-section:

(3a) Sub-section (3) shall not be taken to prevent a spouse who would, but for that sub-section, be entitled to make an election under sub-section 84(1) or 87(1) from making such an election and becoming entitled to spouses benefit in accordance with section 84 or 87, as the case may be..

Orphan benefitdeath of eligible employee before attaining maximum retiring age where benefit not reduced on medical grounds and direction not given under section 99

37. Section 98 of the Principal Act is amended by inserting in sub-section (5) or (3a) after 66(3).

Orphan benefitdeath of eligible employee before attaining maximum retiring age where benefit not reduced on medical grounds, period of prospective service less than 8 years and direction given under this section

38. Section 99 of the Principal Act is amended by inserting in paragraph (c) of sub-section (1) or conditions after condition (second occurring).

Orphan benefitdeath of eligible employee before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service not less than 8 years

39. Section 100 of the Principal Act is amended—

(a) by inserting in paragraph (c) of sub-section (1) or conditions after condition (second occurring); and

 

(b) by inserting in sub-section (5) or (3a) after 66(3).

Orphan benefit—death of eligible employee before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service less than 8 years

40. Section 101 of the Principal Act is amended—

(a) by inserting in paragraph (d) of sub-section (1) or conditions after condition (second occurring); and

 

(b) by omitting from paragraph (f) of sub-section (1) children (first occurring) and substituting child.

Orphan benefitdeath of spouse of deceased eligible employee who died before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service not less than 8 years

41. Section 104 of the Principal Act is amended by omitting from sub-section (1) sub-section (3) and substituting sub-section (2).

 

 

42. Section 110 of the Principal Act is repealed and the following section is substituted:

Eligible employee or retirement pensioner survived by more than one spouse

110. (1) Where a person (in this section referred to as the deceased person) who is an eligible employee or a retirement pensioner dies and is survived by 2 or more persons (in this section referred to as the surviving spouses) who are spouses of the deceased person, benefit is not payable under Division 1, 2 or 3 to the surviving spouses except in accordance with this section.

 

(2) Subject to the succeeding provisions of this section, benefit payable under Division 1, 2 or 3 to the surviving spouses of a deceased person is such benefit as would be payable in respect of the deceased person if the deceased person had had only one spouse who survived him.

 

(3) The Commissioner shall, having regard to the respective needs of the surviving spouses of a deceased person and to such other matters as he considers relevant, allocate any benefit payable in respect of the deceased person under Division 1, 2 or 3 (other than a benefit payable in accordance with section 91) among the surviving spouses and benefit is payable accordingly.

 

(4) Where the deceased person was, immediately before his death, an eligible employee who had attained his maximum retiring age—

(a) the Commissioner, having regard to the respective needs of the surviving spouses of the deceased person and to such other matters as he considers relevant, shall, for the purpose of ascertaining the benefit payable in accordance with section 91, allocate the accumulated contributions of the deceased person among the surviving spouses; and


(b) section 91 applies in relation to a spouse of the deceased person as if—

(i) the deceased person had had only one spouse who survived him and that person were that spouse;

(ii) the accumulated contributions of the deceased person were the part of those contributions allocated to that spouse under paragraph (a); and

(iii) each reference in that section to 13.4 per centum were a reference to such percentage as bears to 13.4 per centum the same proportion as the part of the accumulated contributions of the deceased person allocated to that spouse under paragraph (a) bears to the accumulated contributions of the deceased person.

 

(5) Each of the surviving spouses of a deceased person may make such elections under this Act in relation to the part of a benefit payable in accordance with this section to the spouse as could be made by the spouse in relation to the benefit if the deceased person had had only one spouse who survived him and that person were that spouse.

 

(6) Where a pension is payable to 2 or more of the surviving spouses of a deceased person in accordance with an allocation made under sub-section (3), the Commissioner, having regard to the respective needs of those spouses and to such other matters as he considers relevant, may, from time to time, vary that allocation.

 

(7) Where pension is payable to 2 or more of the surviving spouses of a deceased person in accordance with an allocation under sub-section (3) of a spouses pension, then, if one of the surviving spouses dies—

(a) subject to paragraph (b), the rate of the pension payable to the survivor, or the rate of the pension available for allocation under sub-section (3) amongst the survivors, is a rate that bears to the rate (in this sub-section referred to as the basic rate) that would have been the rate of the spouses pension payable if the deceased person had had only one surviving spouse the same proportion as the rate of pension that was payable (or would but for sub-section 114(1) have been payable) to the survivor, or the aggregate of the rates of pension that were payable (or would but for sub-section 114(1) have been payable) to the survivors, immediately before the death of the deceased spouse bore to the basic rate at that time; and

(b) if there is an eligible child or there are eligible children of the deceased person, the Commissioner may, in his discretion and from time to time, direct that the rate of the pension shall, from such date (not being a date earlier than the date of the death of the deceased spouse) as he specifies, be increased to such rate as he specifies (not being a rate greater than the basic rate) and, when the Commissioner gives such a direction, he shall attribute that increase to that child, or such of those children as he determines, and in such proportions as he determines, and may, from time to time, vary such a determination.

 

(8) Where—

(a) benefit is payable to the surviving spouses of a deceased person by virtue of sub-section 81(1) or (2);

(b) the spouses are entitled by virtue of sub-section (5) of this section to make an election under section 84 or 87; and

(c) one or more, but not all, of the surviving spouses make such an election,

then—

(d) unless the Commissioner otherwise directs, orphan pension is not payable in respect of a child (including an adopted child, an ex-nuptial child, a foster child, a step child or a ward) of a spouse who makes such an election; and

(e) if orphan pension becomes payable in respect of an eligible child or eligible children of the deceased person, the rate of the pension shall be such rate as the Commissioner determines, being a rate equal to such rate as the Commissioner considers would have been the rate of pension payable to, or for the benefit of, that child or those children but for paragraph (d).

 


(9) Orphan benefit is not payable under section 102, 103, 104, 107 or 108 in respect of the eligible children of a deceased person until the death of the last of the surviving spouses entitled to pension in accordance with this section.

 

(10) Where the deceased person was, immediately before his death, an eligible employee or a person to whom deferred benefits were applicable by virtue of Division 3 of Part IX, section 112 (other than sub-section (2) ) does not apply in relation to the payment of benefit in respect of the deceased person under Division 1, 2 or 3 of this Part, but there shall, if the Commissioner so directs, be paid out of the Superannuation Fund into the Consolidated Revenue, Fund an amount equal to so much of the accumulated contributions of the deceased person as the Commissioner determines.

Payment of accumulated contributions where no other benefit payable, &c.

43. Section 111 of the Principal Act is amended—

(a) by omitting from sub-section (2 ) (excluding, if he is a person who at any time ceased to be an eligible employee otherwise than by reason of having been retired on the ground of invalidity, any benefit or benefits paid to him before he so ceased) and substituting (other than any benefit or benefits, or a part of any benefit or benefits, that, by virtue of sub-section (4), (5) or (6), is or are to be excluded from consideration for the purposes of this sub-section);

(b) by inserting in sub-section (2) or, if the person had ceased to be an eligible employee on more than one occasion, as at the time when he last ceased to be an eligible employee after eligible employee (last occurring);

(c) by inserting in sub-section (2) the person, or, if the person has died, to after paid to (last occurring); and

(d) by adding at the end thereof the following sub-sections:

(4) Where a person ceased to be an eligible employee on an occasion earlier than his first day of service and, upon his so ceasing, the person was not entitled to benefit under Division 1, 2 or 4 of Part V or under Division 3 of Part IX, any benefit or benefits paid to or in respect of him before he so ceased or last so ceased, or upon his so ceasing or last so ceasing, shall be excluded from consideration for the purposes of sub-section (2).

(5) Where a person ceased to be an eligible employee by reason of retirement on the ground of invalidity on an occasion earlier than his first day of service and, upon his so ceasing, invalidity benefit was paid to him in accordance with section 68, 69, 71, 72 or 73, any benefit or benefits paid to or in respect of him before he so ceased or last so ceased, or upon his so ceasing or last so ceasing, (other than any benefit or benefits, or a part of any benefit or benefits, that, by virtue of sub-section (7), is or are to be taken into account in relation to the person for the purposes of this sub-section) shall be excluded from consideration for the purposes of sub-section (2).

(6) Where a person became entitled to a deferred benefit by way of invalidity benefit in accordance with section 68, 69, 71, 72 or 73 on an occasion earlier than his first day of service, any benefit or benefits paid to or in respect of him before he became entitled to such a deferred benefit or last became entitled to such a deferred benefit, or upon his becoming entitled to such a deferred benefit or last becoming entitled to such a deferred benefit, (other than any benefit or benefits, or a part of any benefit or benefits, that, by virtue of sub-section (7), is or are to be taken into account in relation to the person for the purposes of this sub-section) shall be excluded from consideration for the purposes of sub-section (2).

 

 (7) For the purposes of sub-sections (5) and (6)—

(a) such part of any invalidity pension paid to a person in accordance with section 67 or 70 as would have been paid to him in accordance with section 68 or 71, as the case may be, if the person had made an election under sub-section 68(1) or 71(1), as the case may be;

(b) such part of any deferred benefit paid to a person by way of invalidity pension in accordance with section 67 or 70 as would have been paid to him in accordance with section 68 or 71, as the case may be, if the person had made an election under sub-section 68(1) or 71(1), as the case may be;

(c) any invalidity pension paid to a person in accordance with section 68 or 71; and


(d) any deferred benefit paid to a person by way of invalidity pension in accordance with section 68 or 71,

shall be taken into account in relation to the person..

 

Payments into and out of Consolidated Revenue Fund

44. Section 112 of the Principal Act is amended—

(a) by omitting from sub-section (1) (3) and (4) and substituting (3), (4) and (4a);

(b) by inserting after sub-section (4) the following sub-section:

(4a) Where a person ceases to be an eligible employee and, upon his so ceasing, deferred benefits become applicable in relation to him by virtue of Division 3 of Part IX, sub-section (1) does not apply in relation to him.; and

(c) by adding at the end thereof the following sub-sections:

(6) Subject to sub-sections (7) and (8), where deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to or in respect of the person, the accumulated contributions of the person shall be paid out of the Superannuation Fund into the Consolidated Revenue Fund.

 

(7) Where deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit by way of a lump sum benefit equal to his accumulated contributions becoming payable to or in respect of him out of the Superannuation Fund, sub-section (6) does not apply in relation to him.

 

(8) Where deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit by way of a lump sum benefit equal to his accumulated supplementary contributions becoming payable to or in respect of him out of the Superannuation Fund, sub-section (6) does not apply in relation to him, but his accumulated basic contributions shall be paid out of the Superannuation Fund into the Consolidated Revenue Fund.

 

(9) Where—

(a) a deferred benefit by way of invalidity pension is payable to a person in accordance with section 67 or 70; and

(b) the deferred benefit is cancelled under sub-section 76(1) or 143(2),

an amount equal to the amount that was paid in respect of the person out of the Superannuation Fund into the Consolidated Revenue Fund upon that deferred benefit becoming payable to him shall be paid to the Superannuation Fund out of the Consolidated Revenue Fund, which is appropriated accordingly.

Modification of Act in relation to eligible employees who were previously members of a superannuation scheme

45. Section 126 of the Principal Act is amended by omitting from sub-section (1) immediately and substituting at any time.

Payment of transfer values to Commissioner

46. Section 128 of the Principal Act is amended by omitting sub-section (4) and substituting the following sub-section:

(4) If, upon the person ceasing to be an eligible employee, a lump sum benefit becomes payable to or in respect of him under section 80 or 111 and the amount, or a part of the amount, paid into the Consolidated Revenue Fund in respect of him under paragraph (2)(b) of this section is an amount that, whether or not he engaged in further employment, was payable to him upon the termination of his previous employment under a superannuation scheme applicable to that employment, there is payable to or in respect of the person an additional lump sum benefit of an amount equal to that last-mentioned amount..

Eligible employment

47. Section 132 of the Principal Act is amended—

(a) by omitting from sub-paragraph (i) of paragraph (c) of sub-section (1) to (last occurring) and substituting of;

(b) by adding at the end of paragraph (a) of sub-section (3) and an amount that was based, or included an amount based, on that lump sum was not paid to or in respect of the person under this Act or, if such an amount was paid to or in respect of the person under this Act, an amount that was based, or included an amount based, on that lump sum was later paid to the Commissioner in accordance with paragraph 128(1)(a); and

(c) by omitting sub-sections (4), (5) and (6) and substituting the following sub-sections:

(4) Paragraph (1)(c) does not apply in relation to a period of employment of a person by reason of the operation of sub-paragraph (1)(c)(i) unless an amount equal to the lump sum referred to in that sub-paragraph, or an amount that included an amount based on that lump sum, was paid to the Commissioner in accordance with paragraph 128(1)(a) and an amount that was based, or included an amount based, on that lump sum was not paid to or in respect of the person under this Act or, if such an amount was paid to or in respect of the person under this Act, an amount that was based, or included an amount based, on that lump sum was later paid to the Commissioner in accordance with paragraph 128(1)(a).

(5) Paragraph (1)(d) does not apply in relation to a period of employment of a person unless—

(a) an amount equal to the amount paid to the person from the relevant State Superannuation Fund was paid to the Commissioner and an amount that was based, or included an amount based, on that first-mentioned amount was not paid to or in respect of the person under this Act or, if such an amount was paid to or in respect of the person under this Act, an amount that was based, or included an amount based, on that first-mentioned amount was later paid to the Commissioner in accordance with paragraph 128(1)(a) or sub-section 129(1) or partly in accordance with that paragraph and partly in accordance with that sub-section; and

(b) the person became an eligible employee immediately after, or within a period of 3 months after, his period of employment during which he was a contributor to a State Superannuation Fund and, if he later ceased to be an eligible employee on an occasion earlier than his first day of service—

(i) the person again became an eligible employee within a period of 3 months after so ceasing to be an eligible employee; or

(ii) the person became employed in other eligible employment immediately after, or within a period of 3 months after, so ceasing to be an eligible employee and subsequently did not cease, before his first day of service, to be employed in eligible employment for a period of 3 months or more.

(6) A reference in paragraph (1)(b), (c) or (d) to a period of employment of a person who has ceased to be an eligible employee does not include a reference to—

(a) a period of employment in relation to which a preceding paragraph of that sub-section applies;

(b) where the person had previously ceased to be an eligible employee by reason of retirement on the ground of invalidity on an occasion earlier than his first day of service and, upon his so ceasing, invalidity benefit was paid to him in accordance with section 69, 72 or 73—a period of employment before he so ceased or last so ceased; or

(c) where the person became entitled to a deferred benefit by way of invalidity benefit in accordance with section 69, 72 or 73 on an occasion earlier than his first day of service—a period of employment before he became entitled to such a deferred benefit or last became entitled to such a deferred benefit..

Deferred benefits

48. Section 136 of the principal Act is amended by adding at the end thereof the foliowing sub-sections:

 

(4) Where—

(a) a person ceases to be an eligible employee and, upon his so ceasing, deferred benefits become applicable in relation to him under this Division;


(b) those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity benefit becoming payable to him in accordance with section 67, 68, 70 or 71; and

(c) his entitlement to the deferred benefit is cancelled under sub-section 143 (2) and deferred benefits again become applicable in relation to him,

this sub-section applies to the person.

 

(5) The regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision to and in relation to a person to whom sub-section (4) applies, or to and in relation to a prescribed class of persons to whom that sub-section applies.

(6) The modifications that may be made by regulations in pursuance of sub-section (5) include, but are not limited to, modifications providing for the payment of benefits in substitution for benefits provided for by this Act..

Election that Division apply

49. Section 137 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

 

(1) Where a person ceases to be an eligible employee and, upon so ceasing, is not entitled to pension under this Act or invalidity benefit in accordance with section 69, 72 or 73, he may, not later than 21 days after he so ceases to be an eligible employee, elect, by notice in writing to the Commissioner, that this Division apply in relation to him..

Circumstances in which person entitled to deferred benefits

50. Section 139 of the Principal Act is amended by omitting from sub-paragraph (i) of paragraph (c) of sub-section (2) or and substituting and.

Person who is entitled to rights under Division not entitled to rights under other provisions of Act

51. Section 140 of the Principal Act is amended by omitting from sub-section (1) , before attaining the age of 65 years, otherwise than by reason of retirement on the ground of invalidity or death.

Certain former eligible employees not entitled to benefits under Division

52. Section 141 of the Principal Act is amended by inserting in paragraph (c) of sub-section (2) or, in a case approved by the Commissioner, a lesser amount after benefit (last occurring).

Invalid pensioner restored to health

53. Section 143 of the Principal Act is amended by omitting from paragraph (a) of sub-section (1) 139(2)(a) or 139(2)(b) and substituting 139(2)(b), (c) or (d).

Person entitled to deferred benefits again becoming an eligible employee, &c.

54. Section 144 of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1) 60 and substituting 65; and

(b) by omitting sub-section (2) and substituting the following sub-section:

 

(2) Where—

(a) a deferred benefit by way of invalidity pension becomes payable to a person;

(b) his entitlement to the deferred benefit is cancelled under sub-section 76(1) upon his again becoming an eligible employee or is cancelled under sub-section 143(2) and he again becomes an eligible employee; and

(c) he again ceases to be an eligible employee before attaining his maximum retiring age by reason of death or retirement on the ground of invalidity,

the annual rate of any pension that becomes payable under this Act to or in respect of him upon or after his again ceasing to be an eligible employee as referred to in paragraph (c) shall not be less than—

(d) in the case of pension payable to the person—

(i) the rate at which the deferred benefit referred to in paragraph (a) would have been payable to him if it had not been cancelled; or

(ii) if a lesser rate is applicable in relation to him under the regulations—that lesser rate; and

(e) in the case of pension payable in respect of the person—

(i) the rate at which that pension would have been payable in respect of him if the deferred benefit referred to in paragraph (a) had not been cancelled; or

(ii) if a lesser rate is applicable in relation to him under the regulations—that lesser rate..

Special provisions affecting certain former contributors under certain superannuation schemes

55. Section 145 of the Principal Act is amended—

(a) by omitting from paragraph (c) of sub-section (7) and;

(b) by omitting from sub-paragraph (i) of paragraph (d) of sub-section (7) and;

(c) by omitting sub-paragraph (ii) of paragraph (d) of sub-section (7) and substituting the following sub-paragraphs:

(ii) pay to him out of the Superannuation Fund an amount equal to his accumulated supplementary contributions; and

(iii) pay out of the Superannuation Fund and into the Consolidated Revenue Fund an amount equal to the amount that, but for this Part, would have been payable to the former contributor under section 80 less any amounts paid to him under sub-paragraphs (i) and (ii) of this paragraph; and;

(d) by adding at the end of sub-section (7) the following paragraph:

(e) section 112 does not apply in relation to the former contributor.;

(e) by omitting sub-paragraph (i) of paragraph (a) of sub-section (8) and substituting the following sub-paragraph:

(i) pay into the Superannuation Fund an amount equal to the amount that, but for sub-section (2), would have been paid by the Commissioner into the Superannuation Fund and the amount of any interest that, in accordance with the regulations, is payable in respect of that amount; and

(f) by omitting sub-paragraph (i) of paragraph (a) of sub-section (9) and substituting the following sub-paragraph:

(i) pay into the Superannuation Fund an amount equal to the amount that, but for sub-section (2), would have been paid by the Commissioner into the Superannuation Fund and the amount of any interest that, in accordance with the regulations, is payable in respect of that amount;

56. Section 146 of the Principal Act is repealed and the following section substituted:

Application of section 112 to payment of transfer value

146. Section 112 applies in relation to a payment of a transfer value under section 138 as if that payment were a payment of benefit under this Act..

Interpretation

57. Section 147 of the Principal Act is amended—

(a) by omitting from paragraph (d) of the definition of pension to which this Part applies in sub-section (1) or;

(b) by adding at the end of the definition of pension to which this Part applies in sub-section (1) the following word and paragraph:

or (f) deferred benefit by way of pension of a kind referred to in paragraph (a), (c) or (d);;

(c) by omitting from the definition of prescribed year in sub-section (1) , and each and substituting or a; and

(d) by inserting in sub-section (2) or publishes after has published.


Increases in pensions

58. Section 148 of the Principal Act is amended—

(a) by omitting from sub-section (3) the prescribed percentage is a percentage ascertained in accordance with the formula—

100 (A-B)

B

where— and substituting the prescribed percentage, in relation to a prescribed year, is. the percentage that represents A—B expressed as a percentage of B, where—; and

(b) by adding at the end thereof the following sub-section:

(4) Where, by reason of the death on 30 June in the year immediately preceding a prescribed year of a person in receipt of a pension under this Act, a pension to which this Part applies becomes payable on the following day to another person, that other person shall be entitled to such an increase in the rate of that pension as the person would have been entitled to had the pension become payable to the person on that 30 June.

Adjustment of increase in case of certain pensions

59. Section 150 of the Principal Act is amended—

(a) by omitting sub-sections (1), (2) and (3) and substituting the following sub-sections:

(1) Where a person to whom pension has become payable (whether or not it has become payable to the person by virtue of section 136) would, but for this section, be entitled to an increase in the rate at which the pension was payable to or in respect of the person immediately before the commencement of a prescribed year and—

(a) in a case where the pension is age retirement pension, early retirement pension or invalidity pension—it became payable to the person during the year (in this section referred to as the preceding year) immediately preceding the prescribed year;

(b) in a case where the pension is spouses pension—

(i) if, immediately before the death of the person by reason of whose death the spouses pension became payable, a pension (other than a partial invalidity pension) was not payable to the deceased person—the spouses pension became payable during the preceding year; or

(ii) if, immediately before the death of the person by reason of whose death the spouses pension became payable, a pension (other than a partial invalidity pension) was payable to the deceased person—the pension that was payable to the deceased person became payable during the preceding year; or

(c) in a case where the pension is orphan pension—

(i) if, immediately before the death of the person by reason of whose death the orphan pension became payable, a pension (other than a partial invalidity pension) was not payable to the deceased person—the orphan pension became payable during the preceding year;

(ii) if, immediately before the death of the person by reason of whose death the orphan pension became payable, spouses pension was payable to the deceased person—the spouses pension became payable during the preceding year and pension (other than partial invalidity pension) was not payable to the person in relation to whom the deceased person was a spouse or was not payable for the part of the year that spouses pension was not payable to the deceased person; or

(iii) if, immediately before the death of the person by reason of whose death the orphan pension became payable, a pension (other than a partial invalidity pension or a spouses pension) was payable to the deceased person—the pension that was payable to the deceased person became payable during the preceding year,

the following provisions of this section have effect in relation to that first-mentioned pension.

(2) If—

(a) the pension;


(b) where clause (1)(b)(ii) or (1)(c)(iii) applies—the pension that was payable to the deceased person;

(c) where clause (1)(c)(ii) applies and pension was not payable to the person in relation to whom the deceased person was a spouse—the pension that was payable to the deceased person; or

(d) where clause (1)(c)(ii) applies and pension was payable to the person in relation to whom the deceased person was a spouse—that last-mentioned pension,

became payable after 16 June in the preceding year, the person is not entitled to the increase.

(3) If—

(a) the pension;

(b) where clause (1)(b)(ii) or (1)(c)(iii) applies—the pension that was payable to the deceased person;

(c) where clause (1)(c)(ii) applies and pension was not payable to the person in relation to whom the deceased person was a spouse—the pension that was payable to the deceased person; or

(d) where clause (1)(c)(ii) applies and pension was payable to the person in relation to whom the deceased person was a spouse—that last-mentioned pension,

became payable on or before 16 June in the preceding year, the amount of the increase is so much only of the amount that but for this section would have been the amount of the increase as bears to that last-mentioned amount the same proportion as the number of months in the period that commenced on the day on which the pension referred to in whichever of paragraphs (a), (b), (c) and (d) is applicable became payable and ended on 30 June in the preceding year bears to 12.; and

(b) by omitting sub-section (6).

 

60. Section 153 of the Principal Act is repealed and the following section is substituted:

Date of effect of increases

153. (1) An increase payable by virtue of a provision of this Part, other than section 152, in the rate of a pension that was, or is, under sub-section 148(4), to be treated as having been, payable to a person on 30 June in a year applies in relation to the instalment of pension falling due on the first pension pay day occurring after that day and in relation to all subsequent instalments.

 

(2) An increase payable by virtue of section 152 in the rate of a pension that was payable to or in respect of a person immediately before an anniversary of the persons birthday applies in relation to the instalment of pension falling due on the first pension pay day occurring after that anniversary and in relation to all subsequent instalments..

 

61. (1) Section 154 of the Principal Act is repealed and the following section is substituted:

Review of decisions

154. (1) In this section—

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975;

reviewable decision means a decision of the Commissioner, or a delegate of the Commissioner, under this Act, under the superseded Act or under the regulations made under either of those Acts, and includes a decision of the Superannuation Board, or a delegate of the Superannuation Board (other than a decision under section 141 of the superseded Act);

Superannuation Board means the Superannuation Board established by the superseded Act.

 

(2) A person affected by a reviewable decision who is dissatisfied with the decision may, by notice in writing given to the Commissioner within the period of 30 days after the day on which the decision first comes to the notice of the person, or within such further period as the Commissioner allows, request the Commissioner to reconsider the decision.

 

(3) There shall be set out in the request the reasons for making the request.

 

(4) Upon receipt of the request, the Commissioner shall reconsider the decision and may confirm or revoke the decision or vary the decision in such manner as he thinks fit.

(5) Where the Commissioner confirms, revokes or varies a decision, he shall, by notice in writing served either personally or by post on the person who made the request, inform the person of the result of his reconsideration of the decision and his reasons for confirming, revoking or varying the decision, as the case may be.

 

(6) Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions that have been confirmed or varied under sub-section (4) and for review of decisions of the Superannuation Board, or delegates of the Superannuation Board, made under section 141 of the superseded Act.

 

(7) For the purposes of such a review, the Tribunal shall, subject to sub-sections 21(1a) and 23(1) of the Administrative Appeals Tribunal Act 1975, be constituted by a presidential member and 2 non-presidential members, of whom at least one shall be an eligible employee or a pensioner, or by 3 non-presidential members, of whom at least one shall be an eligible employee or a pensioner and at least one shall be a senior non-presidential member..

 

(2) Notwithstanding the repeal of section 154 of the Principal Act effected by sub-section (1) of this section, that section continues to apply to and in relation to—

(a) a request made under sub-section 154(2) of the Principal Act (other than such a request in respect of a decision of the Commissioner for Superannuation under sub-section 184(2) of the Principal Act); and

(b) a decision of the Commissioner, or a delegate of the Commissioner, made under that section or that section as continued in force by this sub-section.

 

 

62. After section 155 of the Principal Act the following section is inserted:

Modification of Act in relation to person who is or was an eligible employee to whom age or early retirement pension is or was payable

155a. (1) This section applies to a person who is, or at any time has been, an eligible employee and who, while an eligible employee, has been in receipt of an age retirement pension, an early retirement pension or a deferred benefit by way of age retirement pension.

 

(2) The regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision to and in relation to a person to whom this section applies, or to and in relation to a prescribed class of persons to whom this section applies..

Recovery of unpaid contributions, &c.

63. Section 156 of the Principal Act is amended by adding at the end thereof the following sub-sections:

 

(4) Where, for any reason (including the making of, or cancellation of, an election under this Act), an amount of benefit has been paid that is not payable, or has become not payable, the amount so paid may be recovered by the Commissioner in a court of competent jurisdiction as a debt due and payable to the Commissioner.

 

(5) Where, for any reason (including the making of, or cancellation of, an election under this Act), an amount of benefit has been paid that is not payable, or has become not payable, and the person to whom that amount was paid is receiving, or is entitled to receive, a benefit, that amount, or such part of that amount as the Commissioner determines, may, if the Commissioner in his discretion so directs, be recovered by deduction from that benefit.

 

(6) In sub-sections (4) and (5), benefit includes pension or other moneys payable under the superseded Act..

General provisions applicable to elections under Act

64. Section 157 of the Principal Act is amended by adding at the end thereof the following sub-section:

 

(3) Where—

(a) a person makes an election (whether before or after the commencement of this sub-section) under section 62, 64, 68, 69, 71, 72, 83, 84, 86, 87, 92 or 137;

(b) the person who made the election, or another person (being a person who is prescribed or included in a prescribed class of persons), makes an application to the Commissioner not later than 3 months after the day on which the election is made or the day on which this sub-section comes into operation, whichever is the later, or within such further period as the Commissioner, in special circumstances, allows, requesting that the Commissioner cancel the election; and

(c) the Commissioner, having regard to such matters (if any) as are prescribed and such other matters as he considers relevant, is satisfied that the election should be cancelled,

the Commissioner may direct that the election shall be cancelled and, if he so directs, this Act has effect as if the election had not been made..

Payments to the Commonwealth by authorities in respect of eligible employees

65. Section 159 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-sections:

 

 (1a) Where, in pursuance of a provision of this Act, an amount is paid out of the Consolidated Revenue Fund to or in respect of a person who is or has been an eligible employee, being an eligible employee who is or was the holder of a statutory office and is declared by the Minister to be a person who is to be treated, for the purposes of this section, as if he were or had been employed by an authority or body specified in the declaration (not being an approved authority), the authority or body shall pay to the Commonwealth an amount equal to that amount less, if an amount has been paid or is payable out of the Superannuation Fund into the Consolidated Revenue Fund in respect of the person, such amount as the Minister determines, and the authority or body may apply for that purpose any moneys under its control.

 

 (2) The Minister may enter into an arrangement with an authority or body (whether or not the authority or body is an approved authority) for the making of payments to the Commonwealth by the authority or body in lieu of payments that, but for the arrangement, the authority or body would be required to make under sub-section (1) or (1a), being an arrangement that the Minister is satisfied will provide a fair basis of payment to the Commonwealth in respect of amounts paid, payable or likely to become payable out of the Consolidated Revenue Fund to or in respect of persons who are or have been eligible employees and who are or have been employed, or are, by virtue of a declaration of the Minister under sub-section (1) or (1a), to be treated for the purposes of this section as if they are or have been employed, by the authority or body, and the authority or body may apply for the purposes of the arrangement any moneys under its control..

Cost of administration of, and of medical examinations under, Act

66. Section 160 of the Principal Act is amended by inserting in sub-section (1) (other than costs which the regulations provide shall be paid out of the Fund) after Trust.

Delegation

67. Section 165 of the Principal Act is amended by omitting from sub-section (1) the Department of the Treasury and substituting the Department that deals with matters arising under this Act.

Persons not to make false statements to Commissioner, &c.

68. Section 167 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:

(3) Where a person is convicted of an offence against sub-section (1), the Court may, in addition to imposing a penalty in respect of the offence, order him to pay to the Commissioner an amount equal to any amount of benefit paid to him in consequence of the act, failure or omission in respect of which he was convicted.

(4) For the purposes of sub-section (3), a certificate, under the hand of the Commissioner, that an amount specified in the certificate is the amount of benefit that has been paid to a person specified in the certificate in consequence of an act, failure or omission specified in the certificate is prima facie evidence of the matters specified in the certificate.

 

(5) In this section—

this Act includes the superseded Act;

benefit includes pension or other moneys payable under the superseded Act..

 

 

69. After section 167 of the Principal Act the following section is inserted:

Superannuation not to be provided under other laws

167a. (1) Where a person who holds an office or appointment under a law of the Commonwealth or of an internal Territory, or is employed under such a law, is, by virtue of holding that office or appointment or of being so employed, an eligible employee, a temporary employee or the holder of a statutory office, then, unless expressly provided by that law or the Minister otherwise directs, nothing in that law shall be taken to authorize the provision of superannuation benefits for or in relation to the person under that law or under terms and conditions of employment determined under that law.

 

(2) In sub-section (1)—

law of the Commonwealth or of an internal Territory means a law of the Commonwealth or of an internal Territory that is in force on the date that this section comes into operation or that comes into force on or after that date;

superannuation benefits includes any benefits of the kind provided under this Act..

Regulations

70. Section 168 of the Principal Act is amended—

(a) by omitting from sub-section (2) 12 and substituting 30;

(b) by inserting in sub-section (2) a day not earlier than after including; and

(c) by adding at the end thereof the following sub-section:

(3) Regulations made after 31 December 1978 by virtue of sub-section 11(4) or 126(2), or made for the purposes of the definition of approved authority in sub-section 3 (1), may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the regulations..

Interpretation

71. Section 170 of the Principal Act is amended—

(a) by inserting after the definition of uninvested moneys of the existing Fund in sub-section (1) the following definitions:

“‘unreceived amounts in respect of life assurance policies means—

(a) amounts paid by the Board under section 74 of the superseded Act in respect of life assurance policies (not being policies that matured, or were re-transferred under sub-section 74(3) of that Act, before the commencing day) together with compound interest thereon, from the respective dates of payment until the commencing day, as provided for under that section; and

(b) amounts that, but for sub-section 119zc(2) of the superseded Act, would have been paid by the Board to the existing Fund under paragraph 119j(3)(a) of that Act, or to the Provident Account established by that Act under paragraph 119j(7) (a) of that Act, in respect of persons (not being persons whose life policy or life policies assigned to the Board in accordance with sub-section 119zc(3) of that Act, or issued in relation to them in accordance with sub-section 119zc(4) of that Act, became payable, or were surrendered or assigned by the Board, before the commencing day) together with compound interest thereon as would be provided for under sub-paragraph 119zc(8)(a)(i) of that Act if the relevant policies became payable on the day immediately preceding the commencing day;

unreceived moneys of the existing Fund means moneys that a person (including the Commonwealth) has become liable to pay (whether or not payment has been deferred under the superseded Act or otherwise), or would, if a demand had been made, have become liable to pay, whether under the superseded Act or otherwise, to the existing Fund or the Board (not being moneys that a person has become liable to pay, or would, if a demand had been made, have become liable to pay, to the Fund or the Board by reason of, or for a reason connected with, the exercise by the Board of its investment power), but which have not been paid before the commencing day.;

and

(b) by omitting sub-section (3) and substituting the following sub-section:

 

 (3) A reference in this Division to the value of the net assets of the existing Fund shall be read as a reference to the amount by which the value, as determined by the Minister, of the investment assets of the existing Fund subsisting immediately before the commencing day, the uninvested moneys of the existing Fund, the unreceived moneys of the existing Fund and the unreceived amounts in respect of life assurance policies exceeds the amount, as determined by the Minister, of the investment liabilities of the existing Fund subsisting immediately before the commencing day and moneys that persons paid, but were not liable to pay, under the superseded Act before the commencing day..

Allocation of existing Fund between pensioners and contributors

72. Section 175 of the Principal Act is amended by inserting in sub-section (2) (if any) after matters.

Allocation among eligible pensioners

73. Section 176 of the Principal Act is amended—

(a) by inserting in sub-section (3) (if any) after matters;

(b) by omitting from sub-section (7) 118 and 119 and substituting 118, 119 and 156; and

(c) by adding at the end thereof the following sub-section:

(8) Section 144 of the superseded Act applies in relation to any moneys payable under this section as if those moneys were an amount becoming payable under the superseded Act..

Allocation among existing contributors

74. Section 177 of the Principal Act is amended—

(a) by inserting in sub-section (2) (if any) after ‘‘matters; and

(b) by omitting from sub-section (8) 118 and 119 and substituting 118, 119, 156 and 166.

First day of service

75. Section 182 of the Principal Act is amended by omitting an eligible employee and substituting , or at any time has been, a person.

Modification of Act in relation to existing contributors

76. Section 183 of the Principal Act is amended by omitting from sub-section (1) an eligible employee (last occuring) and substituting a person who is, or at any time has been, a person.

 

77. (1) Section 184 of the Principal Act is repealed and the following section is substituted:

Medical examinations and benefit classification certificates

184. (1) This section applies to a person who is, or at any time has been, an existing contributor other than—

(a) an existing contributor who has previously ceased to be an eligible employee by reason of retirement on the ground of invalidity, being an existing contributor to whom, upon his so ceasing, invalidity benefit was payable in accordance with section 69, 72 or 73; or

(b) an existing contributor who has previously ceased to be an eligible employee otherwise than by reason of retirement on the ground of invalidity.

 

(2) Subject to sub-section (4), where—

(a) a person to whom this section applies who, immediately before the commencing day, was (otherwise than by reason of an election made under section 81 of the superseded Act) a contributor to the Provident Account ceases to be an eligible employee by reason of death or retirement on the ground of invalidity;

(b) his period of contributory service is less than 20 years and, on the day on which he ceases to be an eligible employee, he has not attained his maximum retiring age; and

(c) the Commissioner is of the opinion that the death of the person or the incapacity which was the ground for the retirement of the person was caused, or was substantially contributed to—

(i) by the physical or mental condition of the person that was relevant for the purposes of the superseded Act or, if there was more than one such condition, by those conditions or one or more of those conditions; or

(ii) by a physical or mental condition or conditions of the person connected with the physical or mental condition of the person that was relevant for the purposes of the superseded Act or, if there was more than one such condition, with those conditions or one or more of those conditions,

the Commissioner shall issue in respect of the person a benefit classification certificate in which there is or are specified the physical or mental condition or conditions of the person that was or were relevant for the purposes of the superseded Act and, for the purposes of this Act, the certificate shall be deemed to have been issued under sub-section 16(4) and to have been in force in respect of the person immediately before his death or retirement.

 

(3) Subject to sub-section (4), the Commissioner may, if he thinks fit, and shall, upon application in writing being made to him by an eligible employee who is a person to whom this section applies and who, immediately before the commencing day, was (otherwise than by reason of an election made under section 81 of the superseded Act) a contributor to the Provident Account, issue in respect of the eligible employee a benefit classification certificate in which the physical or mental condition or conditions of the person that was or were relevant for the purposes of the superseded Act is or are specified and, for the purposes of this Act, the certificate shall be deemed to have been issued under sub-section 16(4).

 

(4) The Commissioner shall not, under sub-section (2) or (3), issue a benefit classification certificate in respect of a person if there is a benefit classification certificate in force in respect of the person at that time.

 

(5) Where—

(a) a person to whom this section applies (whether or not he was, immediately before the commencing day, a contributor to the Provident Account) ceases to be an eligible employee by reason of death or retirement on the ground of invalidity;

(b) his period of contributory service is less than 20 years and, on the day on which he ceases to be an eligible employee, he has not attained his maximum retiring age;

(c) the person was, immediately before the commencing day, a contributor to the Fund or, if the person was, immediately before the commencing day, a contributor to the Provident Account, the Commissioner is not of the opinion that the death of the person or the incapacity which was the ground for the retirement of the person was caused, or was substantially contributed to—

(i) by the physical or mental condition of the person that was relevant for the purposes of the superseded Act or, if there was more than one such condition, by those conditions or one or more of those conditions; or

(ii) by a physical or mental condition or conditions of the person connected with the physical or mental condition of the person that was relevant for the purposes of the superseded Act or, if there was more than one such condition, with those conditions or one or more of those conditions; and

(d) the Commissioner is satisfied—

(i) that, at or in connexion with a medical examination which the person underwent for the purposes of the superseded Act, the person failed to furnish any information required to be furnished by him or furnished false information; and

(ii) that, if the person had not failed to furnish that information or had not furnished that false information and, in a case where the person would not have been a contributor to the Provident Account or a contributor to the Fund immediately before the commencing day but for the failure to furnish that information or the furnishing of that false information, the person had been a contributor to the Provident Account immediately before the commencing day, there would have been deemed to be in force in respect of the person, immediately before his death or retirement, a benefit classification certificate in which there would have been specified the physical or mental condition or conditions which caused, or substantially contributed to, the death or retirement, or a physical or mental condition or conditions connected with such a condition or conditions,


the Commissioner shall issue in respect of the person a benefit classification certificate in which there is or are specified the physical or mental condition or conditions of the person that, in the opinion of the Commissioner, would have been the physical or mental condition or conditions of the person specified in the benefit classification certificate that the Commissioner would have issued, or, but for sub-section (4), would have issued, in respect of the person under sub-section (2) if the person had not failed to furnish that information or had not furnished that false information and, in a case where the person would not have been a contributor to the Provident Account or a contributor to the Fund immediately before the commencing day but for the failure to furnish that information or the furnishing of that false information, the person had been a contributor to the Provident Account immediately before the commencing day and, for the purposes of this Act, the certificate shall be deemed to have been issued under sub-section 16(11) and to have been in force in respect of the person immediately before his death or retirement.

(6) The Commissioner shall not, in a benefit classification certificate issued under sub-section (5), include a physical or mental condition in respect of which the Commissioner was of the opinion under sub-section 16(8) that the person was not likely, by reason of or for a reason connected with that condition, to cease to continue to be an eligible employee before the person attained his maximum retiring age unless the Commissioner is satisfied that, but for the failure of the person to furnish any information required to be furnished by him or the furnishing of false information at or in connexion with a medical examination which the person was required to undergo under sub-section 16 (6), he would not have been of that opinion.

 

(7) In this section—

(a) a reference to a contributor to the Fund shall be read as a reference to a contributor to the existing Fund under Part III of the superseded Act;

(b) a reference to a contributor to the Provident Account shall be read as a reference to a contributor to the Provident Account established under the superseded Act; and

(c) a reference to the physical or mental condition or conditions of a person that was or were relevant for the purposes of the superseded Act shall be read as a reference to the physical or mental condition or conditions of the person that, in the opinion of the Commissioner, was or were the physical or mental condition or conditions of the person by reason of which—

(i) the Superannuation Board was not satisfied under sub-section 5(1) of the superseded Act that the health and physical fitness of the person were such as to justify his being accepted as a contributor to the Fund; or

(ii) the person was not, by virtue of a provision of the superseded Act (other than sub-section 5(1) or 79(2) of the superseded Act), accepted as a contributor to the Fund,

other than—

(iii) a physical or mental condition that, in the opinion of the Commissioner, did not exist—

(a) at the time the person became a contributor to the Fund or a contributor to the Provident Account; or

(b) where the person so became a contributor on more than one occasion—at the time he last so became a contributor and immediately before which he was not a contributor to the Provident Account and was not in receipt of pension in accordance with section 45 of the superseded Act; or

(iv) a physical or mental condition that, in the opinion of the Commissioner, the Superannuation Board was, as a result of a medical examination under sub-section 79 (2) of the superseded Act, satisfied no longer existed unless the Commissioner is satisfied that, but for the failure of the person to furnish any information required to be furnished by him or the furnishing of false information at or in connexion with that medical examination, the Board would not have been so satisfied.

 

(2) Subject to sub-sections (3) and (4) of this section, sub-section 184(2) of the Principal Act shall be deemed never to have applied to or in relation to existing contributors who did not cease to be eligible employees before the commencement of this section.

 

(3) Where the benefit classification certificate deemed, by sub-section 184(2) of the Principal Act, to be in force, on the commencing day, in respect of a person has been revoked under sub-section 16(8) of the Principal Act before the commencement of this section, the Commissioner for Superannuation shall not include the condition or conditions that was or were specified in that benefit classification certificate in any benefit classification certificate issued in respect of the person under section 184 of the Principal Act as amended by sub-section (1) of this section unless the Commissioner is satisfied that, but for the failure of the person to furnish any information required to be furnished by him or the furnishing of false information at or in connexion with a medical examination which the person was required to undergo under sub-section 16(6) of the Principal Act, the certificate would not have been revoked.

 

(4) Where the benefit classification certificate deemed, by sub-section 184(2) of the Principal Act, to be in force, on the commencing day, in respect of a person has been varied under sub-section 16(8) of the Principal Act before the commencement of this section by deleting from the certificate a reference to a physical or mental condition or conditions, the Commissioner for Superannuation shall not include that condition or those conditions in any benefit classification certificate issued in respect of the person under section 184 of the Principal Act as amended by sub-section (1) of this section unless the Commissioner is satisfied that, but for the failure of the person to furnish any information required to be furnished by him or the furnishing of false information at or in connexion with a medical examination which the person was required to undergo under sub-section 16(6) of the Principal Act, the certificate would not have been so varied.

Existing contributors under 40 years of age contributing less than 5% of salary

78. Section 186 of the Principal Act is amended by inserting in paragraph (b) of sub-section (4) or on after before.

Assignment of life policies to Commissioner

79. Section 191 of the Principal Act is amended by inserting or a life policy is assigned by a person to the Commissioner under section 119zc of the superseded Act after Commissioner (first occurring).

Extension of periods for making certain elections

80. The following provisions of the Principal Act are amended by omitting 1 month and substituting 3 months:

Sections 62(1), 68(1), 69(1), 71(1), 72(1), 83(1), 84(1), 86(1), 87(1), 99(1).

References to Treasurer

81. The following provisions of the Principal Act are amended by omitting Treasurer (wherever occurring) and substituting Minister:

Sections 3(1) (definitions of approved part-time employee and temporary employee), 14(3), 15(2), 19, 21, 23(2)(b) and (c), 24(1), (3) and (4), 30(4), 31, 33, 35(2)(b) and (c)(i), 36(1), (2), (3), (6) and (7), 43, 51(1) and (2), 133(1) and (3), 134(1) and (3), 145(11) and (13), 151, 159(1), 160(3), 161(1) and (2), 162, 163, 164, 165, 175, 176(1), (2), (3) and (4), 177(1), (2) and (3), 178(2), 179.

PART IV—AMENDMENTS OF SUPERANNUATION AMENDMENT ACT 1976

Amendments of section 76 of Superannuation Amendment Act 1976

82. Section 76 of the Superannuation Amendment Act 1976 is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

(1) Section 119zc of the Principal Act is amended—

(a) by omitting from sub-paragraphs (i) and (ii) of paragraph (d) of sub-section (7) pay and substituting make a payment;

(b) by inserting in sub-paragraphs (i) and (ii) of paragraph

(d) of sub-section (7) of after , as the case may be,;

(c) by omitting from sub-paragraph (i) of paragraph (a) of sub-section (8) pay and substituting make a payment;

(d) by inserting in sub-paragraph (i) of paragraph (a) of sub-section (8) of after Provident Account (first occurring);

(e) by inserting in sub-section (9) before 1 July 1976 after revoked;

(f) by omitting from sub-paragraph (i) of paragraph (a) of sub-section (9) pay and substituting make a payment;

(g) by inserting in sub-paragraph (i) of paragraph (a) of sub-section (9) of after Provident Account (first occurring);

(h) by omitting sub-section (10); and

(j) by adding at the end thereof the following sub-sections:

(16) This section does not apply to or in relation to a person who becomes an employee on or after 1 July 1976.

(17) Sub-section (4) does not apply in relation to an increase in the salary of an employee that occurs on or after 1 July 1976.

(18) A person shall not be required to pay an amount to the Commonwealth under sub-section (6) on or after 1 July 1976 unless the obligation to pay that amounts is in relation to a time before 1 July 1976.

(19) Sub-sections (7), (8) and (9) do not apply to or in relation to a person who ceases to be an employee on or after 1 July 1976.’”; and

(b) by omitting from sub-section (2) the section repealed by sub-section (1) and substituting section 119zc of the Principal Act.

SCHEDULE Section 21

FORMAL AMENDMENTS OF SUPERANNUATION ACT 1922

1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used to identify a section of that Act or of another Act or a section of an Ordinance and substituting that number expressed in figures:

Sections 4(1) (definition of Employee), (2a), (5b)(b) and (6)(b) and (c), 7(2)(b) and (5), 19(1a)(c) and (3), 20(4a), (6), (8a), (a), (9) and (10)(a)(i) and (b)(iii), 20a(1), (2) and (4), 20b(2), 22a(1)(a), 22b(3), (4), (5)(b) and (6), 22c(1) and (3)(b), 22d(1) (other than (d)), (2), (3) (other than (c)(ii)) and (5), 22e(1) (other than (d)(ii)), (2), (3) (other than (c)(ii)) and (4), 22f(1)(b) and (c) and (2), 22g, 22h, 22j(2) and (4), 22k(1)(a) and (2), 22l, 22m, 23(3), 25(1) and (2)(c), 26(8), 27(1)(a), 28(1), 30(1) and (2), 31(3)(b), 32(4)(c) and (d), 33(4), (5) and (7), 34, 35a(a), 35b, 36(1), 39, 41(1), and (3), 45(2)(a) and (b) and (3), 46(1), 47(1), 48(2), 48c(1), (2), (3) and (4), 52(8), 54(1), (1a) and (2), 55(b), 61(2)(b), 66(1) and (2), 67(1), (2) and (4)(b), 69(1)(b), 70(1), (2), (4) and (5)(a), 71(1), 73(1), (2) and (3), 79(1) and (2), 80(2), 83a(1)(b), 87, 87b(3), 88(7) and (8)(c), 93(1), 95(2), (3) and (4), 96, 97, 98(1), 99(1), 100, 102(1), 102(4), 104, 105(1), 106(1), 107, 110a, 110b(3), 110c(1), 112(2) and (5), 114(1), 116, 117(1), (2) and (3)(a), 118, 119(1), (2) and (3), 119a(1) (definition of life policy), 119c, 119d(1)(a)(i) and (iia), 119j(3)(a) and (c)(ii) and (v), (4), (7)(b) and (e)(i) and (9), 119k(1)(a), (2)(a) and (d), (4), (5)(a) and (6)(a), 119l(1)(c), (2)(d) and (3)(e), 119m(1)(b), (3), (4) and (5), 119n(3)(a), 119p(3)(a), 119s(2)(d) and (e)(ii) and (4), 119t(5), (6) and (8), 119w(1), (2), (6)(b) and (8), 119x(2) (a) and (b), 119y(1) and (2)(b) and (c), 119z, 119za(1), 119zb, 119zc(1)(b) and (c), (2), (7), (8)(a)(i) and (9)(a)(i), 119zd(1), (2)(a), (3), (4), (5)(b) and (6)(c), 119ze(1), (2), (4), (5) and (6).


SCHEDULE—continued

2. The following provisions of the Principal Act are amended by omitting the words of this Act, to this Act, of this Part, of this section and of this sub-section (wherever occurring):

Sections 4(1) (definition of The Provident Account), (5b)(b), (5c)(b) and (c) and (6)(b), 5, 7(1a), (2)(b) and (5), 19(1), (1a)(c), (2bd), (2e), (2f) and (3), 19a(b), 20(4a), (5), (6), (8a)(a), (9) and (10)(a)(i) and (b)(ii) and (iii), 20aa, 20ab(3), (4) and (5), 20a(1), (2), (4) and (5), 20b(2), 22a(3), 22b(6), 22c(3)(b), 22d(1) (other than (d) ), (2) and (4), 22e(1) (other than (d)(ii)), (2) and (3) (other than (c)(i) and (ii)), 22f(1)(b) and (2), 22g, 22j(2) and (4), 22k(1)(a) and (2), 22l(2), 23(2) and (3), 24(2a), 25(2)(c) and (4), 26(4), (5), (6), (8), (10) and (11), 27(1)(a) and (2)(a), 30(1), (2) and (3)(a), 32(4), 33(4) and (5), 34, 41(4), 44(1)(a)(i) and (b)(i), 46(1), (3), (5) and (6)(b), 47(1), (3) and (5), 48(2), (3) and (4), 48aa(2), 48ab(5), 48ac(2) and (3), 48ad, 48b(1)(a), (2) and (4), 48c(1)(a), (2)(a) and (3)(a), 49(3), 50(2a), 52(10), 54(1), (1a) and (2), 55(b), 61(2)(b), 66(1), 67(1), (2) and (4)(b), 69(1)(b) and (3), 70(1), (2) and (4), 73(1) and (2), 74(5), 79, 80(2), 80a, 82(4) and (5), 83a(1)(b), (2) and (4), 84(3), 87b(4), 88(8)(c) and (10), 90(5), 95(2), (3) and (5), 97, 98(1), 99(1), 100, 100a(4)(a), 100b, 100c(1)(b) and (c), (3), (5)(a) and (b), (6), (8) and (10), 100e(a) and (b), 100f, 100g, 100h, 100j(2) and (4), 100k, 100l(1), (2), (4), (5), (6), (7) and (8), 100m, 100n, 102(1), 104, 105(1), 106(1), 107, 107a(4)(a), 107b, 107c(4)(a), (6), (7), (9) and (11), 107d(2), 107f(a) and (b), 107g, 107h, 107j, 107k(2), (3) and (4), 107l, 107m(3), (5), (6), (7), (8), (9), (10) and (11), 107n, 109(5), (6) and (7), 110a, 110b(3), 110c(1), 110d(b), 112(2), 114(1) and (3), 117(2) and (4), 119(3), 119c, 119g(1)(b)(vii), 119h(3) and (4), 119j(3)(a)(ii), (c)(ii) and (e), (4), (7)(b) and (e)(i) and (9), 119k(1)(a) and (2)(a), 119l(1)(c), (2)(d) and (3)(e), 119m(1)(b), (3), (4) and (5), 119n(3)(a) and (4), 119p(1)(c) and (d), (3)(a) and (d)(i) and (ii), (4), (5) and (6), 119q(4), 119s(2)(ca), (cb), (d) and (e)(ii), 119t(1), (3) and (6), 119u(1)(b)(ii), (4) and (6), 119v(2) and (3), 119w(1), (2) and (6), 119x(2)(a) and (b), 119y(1) and (2)(b) and (c), 119z, 119za(1), 119zb, 119zc(1)(c), (2), (3), (4)(a), (5), (8) (other than (a) (i) and (ii)), (9) (other than (a)(i) and (ii)), (13), (14)(a) and (15), 119zd(1), (3), (5)(b) and (6)(c), 119ze(1), (2), (5) and (6)(a) and (b), 119zea(b) and (c), 138(2), 143a(8).

3. The following provisions of the Principal Act are amended by omitting Treasurer (wherever occurring ) and substituting Minister.

Sections 4(4) and (5), 4a(1) and (2), 7(2) and (2a), 90(4) and (5), 95(1), (2) and (3), 100a(1) (definition of relevant employee) 107a(1) (definition of State employee), 111(2), 119m(6) and (7), 119q(1) and (3), 119r(1) and (3), 119zc(11) and (13), 125(1), 145, 147(2)(c), 149(1) and (3).

4. The Principal Act is further amended as set out in the following table:

Provision

Amendment

Section 4(1a)...............

Omit.

Section 4(3a)...............

Omit the last preceding sub-section, substitute sub-section (3).

Section 4(5b)(a).............

Omit of this section.

Section 4(5b)(a)(i)...........

Omit of this Act.

Section 4(5b)(b)............

Omit the last preceding paragraph, substitute paragraph (a).

Section 4(5b)..............

(a) Omit , of this section (last occurring).

(b) Omit the next succeeding sub-section, substitute sub-section (5c) of this section..

Section 4(5c)...............

Omit the last preceding sub-section, substitute sub-section (5b).

Section 4(5c)(a).............

Omit of this section,.

Section 4(6)...............

(a) Omit the next succeeding sub-section, substitute sub-section (7).

(b) Omit of this sub-section (last occurring).

Section 4(6)(c).............

Omit of this Act (wherever occurring).

Section 4(7)...............

Omit the last preceding sub-section, substitute sub-section (6).

Section 7(2)(c)(ii)...........

Omit the last preceding sub-paragraph, substitute sub-paragraph (i).


SCHEDULE—continued

Provision

Amendment

Section 7(2) (d).............

Omit the last preceding paragraph, substitute paragraph (c).

Section 7(2a)...............

(a) Omit of this Act.

(b) Omit the last preceding sub-section, substitute sub-section (2).

Section 7(2a)(b)(ii)...........

Omit the last preceding sub-paragraph, substitute sub-paragraph (i).

Section 7(2a)(c).............

Omit the last preceding paragraph, substitute paragraph (b).

Section 19(1a)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 19(1a)(a)............

Omit either of the next two succeeding paragraphs, substitute paragraph (b) or (c).

Section 19(2)..............

Omit the ninth day of August, One thousand nine hundred and thirty, substitute 9 August 1930.

Section 19(2a)..............

Omit the ninth day of August, One thousand nine hundred and thirty, substitute “9 August 1930.

Section 19(2ba).............

Omit the last three preceding sub-sections, substitute sub-sections (2), (2a) and (2b).

Section 19(2bb).............

Omit the next succeeding sub-section, substitute sub-section (2bc).

Section 19(2bc).............

Omit the last preceding sub-section, substitute sub-section (2bb).

Section 19(2e)..............

Omit the last preceding sub-section, substitute sub-section (2d).

Section 19(4)..............

Omit the last preceding sub-section, substitute sub-section (3).

Section 20(2)(a).............

Omit the next succeeding paragraph, substitute paragraph (b).

Section 20(2)(b)(i)...........

Omit the fourteenth day of December, One thousand nine hundred and fifty-nine, substitute 14 December 1959.

Section 20(2)(b)(ii)..........

Omit Two thousand six hundred dollars, substitute $2600.

Section 20(3)..............

Omit the last preceding sub-section (wherever occurring), substitute sub-section (2).

Section 20(9)..............

Omit the fourteenth day of December, One thousand nine hundred and fifty-nine, substitute 14 December 1959.

Section 20(9)(c).............

Omit the last preceding paragraph, substitute paragraph (b).

Section 20(10)(a)............

Omit the last preceding sub-section, substitute sub-section (9).

Section 20(11)..............

Omit , or paragraph (b) of sub-section (9), of this section, substitute or paragraph (b) of sub-section (9).

Section 20ab(1).............

Omit , of this Act.

Section 20a(3)(a)............

Omit the last preceding section, substitute section 20.

Section 20a(4)..............

Omit the last preceding sub-section, substitute sub-section (3).

Section 20b(1)..............

Omit the next succeeding sub-section, substitute sub-section (2).

Section 20b(2)..............

Omit the last preceding sub-section, substitute sub-section (1) of this section.

Section 22(1)..............

Omit One hundred and thirty dollars, substitute $130.

Section 22(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 22a(1)..............

Omit of this Act (wherever occurring).

Section 22a(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 22b(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 22b(3)..............

Omit of this Act.

Section 22b(4)..............

(a) Omit of this Act (wherever occurring).

(b) Omit to this Act.

Section 22b(7)..............

Omit the next succeeding sub-section, substitute sub-section (8).


SCHEDULE—continued

Provision

Amendment

Section 22b(8)..............

Omit the last preceding sub-section, substitute sub-section (7).

Section 22c(1)..............

Omit of this Act.

Section 22d(1)(a)............

Omit none of the next three succeeding paragraphs applies, substitute paragraphs (b), (c) and (d) do not apply.

Section 22d(1)(d)............

(a) Omit one hundred and nineteen h of this Act (wherever occurring), substitute 119h.

(b) Omit one hundred and nineteen j, or paragraph (b) or (c) of sub-section (2) of section one hundred and nineteen k, of this Act, substitute 119j or paragraph (b) or (c) of sub-section (2) of section 119k.

Section 22d(2)(a)............

Omit neither of the next two succeeding paragraphs applies, substitute paragraphs (b) and (c) do not apply.

Section 22d(3)(other than (c)(ii))

Omit of this Act (wherever occurring).

Section 22d(3)(a)............

Omit neither of the next two succeeding paragraphs applies, substitute paragraphs (b) and (c) do not apply.

Section 22d(3)(b)(i)..........

Omit the last preceding paragraph, substitute paragraph (a) of this sub-section.

Section 22d(3)(c)(ii)..........

(a) Omit one hundred and nineteen j, or paragraph (b) or (c) of sub-section (2) of section one hundred and nineteen k, of this Act, substitute 119j or paragraph (b) or (c) of sub-section (2) of section 119k.

(b) Omit one hundred and nineteen h of this Act, substitute 119h.

Section 22d(4)..............

Omit the preceding sub-sections of this section, substitute sub-sections (1), (2) or (3).

Section 22d(5)..............

Omit of this Act (wherever occurring).

Section 22e(1)(a)............

Omit none of the next three succeeding paragraphs applies, substitute paragraphs (b), (c) and (d) do not apply.

Section 22e(1)(d)(ii)..........

(a) Omit one hundred and nineteen j, or paragraph (b) or (c) of sub-section (2) of section one hundred and nineteen k, of this Act, substitute 119j or paragraph (b) or (c) of sub-section (2) of section 119k.

(b) Omit one hundred and nineteen h of this Act, substitute 119h.

Section 22e(2)(a)............

Omit neither of the next two succeeding paragraphs applies, substitute paragraphs (b) and (c) do not apply.

Section 22e(3)(a)............

Omit neither of the next two succeeding paragraphs applies, substitute paragraphs (b) and (c) do not apply.

Section 22e(3)(b)(i)..........

Omit the last preceding paragraph, substitute paragraph (a) of this sub-section.

Section 22e(3)(c)(ii)..........

(a) Omit one hundred and nineteen j, or paragraph (b) or (c) of sub-section (2) of section one hundred and nineteen k, of this Act, substitute 119j or paragraph (b) or (c) of sub-section (2) of section 119k.

(b) Omit one hundred and nineteen h of this Act, substitute 119h.

Section 22e(4)..............

Omit of this Act.

Section 22f(1)(d)............

Omit the next succeeding sub-section, substitute sub-section (2).

Section 22f(1)(e)............

Omit the last preceding paragraph, substitute paragraph (d).

Section 22f(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 22j(1)..............

(a) Omit section twenty, or sub-section (2) of section twenty b, of this Act, substitute section 20 or sub-section (2) of section 20b.

(b) Omit the succeeding sub-sections of this section, substitute sub-sections (2), (3) and (4) of this section.

Section 22j(3)..............

(a) Omit section nineteen of this Act, (wherever occurring) substitute section 19.

(b) Omit to this Act.


SCHEDULE—continued

Provision

Amendment

 

(c) Omit section twenty, or sub-section (2) of section twenty b, of this Act, substitute section 20 or sub-section (2) of section 20b.

Section 22k (2).............

(a) Omit the last preceding sub-section (wherever occurring), substitute sub-section (1).

(b) Omit the first day of November, One thousand nine hundred and sixty-three, substitute1 November 1963.

Section 22l (1)..............

Omit the next succeeding sub-section, (wherever occurring), substitute sub-section (2) of this section.

Section 22l (2)..............

Omit The last preceding sub-section, substitute Sub-section (1).

Section 23 (1)..............

Omit to this Act (second and last occurring).

Section 23 (2)..............

(a) Omit the first day of July, One thousand nine hundred and sixty-two, substitute 1 July 1962.

(b) Omit five, substitute 5.

Section 23 (3)..............

(a) Omit the fourteenth day of December, One thousand nine hundred and fifty-nine (wherever occurring), substitute 14 December 1959.

(b) Omit the first day of July, One thousand nine hundred and sixty-two (wherever occurring), substitute 1 July 1962.

Section 25 (1)..............

Omit of this Act (first occurring).

Section 25 (3)..............

Omit either of the last two preceding sub-sections, substitute sub-section (1) or (2).

Section 26 (1) (a)............

Omit the fourteenth day of December, One thousand nine hundred and fifty-nine, substitute 14 December 1959.

Section 26 (2)..............

(a) Omit the fourteenth day of December, One thousand nine hundred and fifty-nine, substitute 14 December 1959.

(b) Omit the last preceding sub-section, substitute sub-section (1).

Section 26 (3)..............

Omit the thirteenth day of June, One thousand nine hundred and sixty, substitute 13 June 1960.

Section 26 (4)..............

Omit the fourteenth day of December, One thousand nine hundred and fifty-nine, substitute 14 December 1959.

Section 26 (5)..............

(a) Omit the fourteenth day of December, One thousand nine hundred and fifty-nine (wherever occurring), substitute 14 December 1959.

(b) Omit the first day of July, One thousand nine hundred and sixty-two (wherever occurring), substitute 1 July 1962.

Section 26 (7)..............

Omit of this section.

Section 26 (8)..............

Omit the last preceding sub-section, substitute sub-section (7).

Section 27 (1) (a)............

Omit the fourteenth day of December, One thousand nine hundred and fifty-nine, substitute 14 December 1959.

Section 27 (1)..............

(a) Omit the last preceding section, substitute section 26.

(b) Omit the next succeeding sub-section, substitute sub-section (2) of this section.

Section 27 (2)..............

(a) Omit the last preceding section, substitute section 26.

(b) Omit the last preceding sub-section, substitute sub-section (1) of this section.

Section 27 (2) (b)............

Omit the seventeenth day of December, One thousand nine hundred and fifty-nine, substitute 17 December 1959.

Section 28 (1)..............

(a) Omit The succeeding sub-sections of this section, substitute sub-sections (2) and (3) of this section.

(b) Omit of this Act (wherever occurring).

Section 28 (1) (a)............

Omit the last preceding section, substitute section 27.

Section 28 (2)..............

Omit the next succeeding sub-section, substitute sub-section (3).

Section 28 (2) (a)............

(a) Omit the last preceding sub-section, substitute sub-section (1).

(b) Omit the seventeenth day of, substitute 17.


SCHEDULE—continued

Provision

Amendment

Section 30a................

Omit the next two succeeding sections, substitute sections 31 and 32.

Section 32(3)..............

Omit the last two preceding sub-sections, substitute sub-sections (1) and (2).

Section 32(4)(b)............

Omit the last preceding paragraph, substitute paragraph (a).

Section 33(2)..............

Omit the next four succeeding sub-sections, substitute sub-sections (2a), (3), (4) and (5).

Section 33(3)..............

Omit the next two succeeding sub-sections, substitute sub-sections (4) and (5).

Section 33(4)..............

Omit the fourteenth day of December, One thousand nine hundred and fifty-nine, substitute 14 December 1959.

Section 33(4)(c).............

Omit the last-mentioned section, substitute section 26.

Section 33(5)..............

Omit the fourteenth day of December, One thousand nine hundred and fifty-nine, substitute 14 December 1959.

Section 33(6)..............

Omit The last four preceding sub-sections, substitute Sub-sections (2a), (3), (4) and (5).

Section 33(7)..............

(a) Omit , of this Act (wherever occurring).

(b) Omit Two hundred and eight dollars, substitute $208.

(c) Omit , or sub-section (1), substitute or sub-section (1).

Section 35................

Omit the next succeeding section, substitute section 35a.

Section 35b................

(a) Omit , of this Act.

(b) Omit of this Act (second occurring).

Section 36(1)..............

Omit of this Act.

Section 36(1)(c).............

Omit Commonwealth, substitute Australian.

Section 36(2)(a).............

Omit the next succeeding paragraph, substitute paragraph (b).

Section 36(2)(b)............

Omit the last preceding paragraph, substitute paragraph (a).

Section 39................

Omit of this Act (first occurring).

Section 40................

Omit the next succeeding section, substitute section 41.

Section 41(1)..............

Omit of this Act (first occurring).

Section 41(2)..............

Omit The last preceding sub-section, substitute Sub-section (1).

Section 41(3)..............

Omit the last preceding sub-section, substitute sub-section (2).

Section 42(1)..............

(a) Omit the next succeeding sub-section, substitute sub-section (2).

(b) Omit Ninety-one dollars, substitute $91.

Section 42(2)..............

Omit Sixty-five dollars, substitute $65.

Section 43a(1)..............

Omit the last preceding section, substitute section 43.

Section 44(1)..............

Omit the last preceding section, substitute section 43a.

Section 44(2)..............

(a) Omit the last preceding section, substitute section 43a.

(b) Omit of this sub-section (wherever occurring).

Section 44(2a)..............

(a) Omit the last preceding section, substitute section 43a.

(b) Omit of this section.

Section 44(3)..............

Omit any of the last three preceding sub-sections, substitute sub-section (1), (2) or (2a).

Section 46(1)..............

Omit the next succeeding sub-section, substitute sub-section (2).

Section 46(2)..............

Omit the last preceding sub-section (wherever occurring), substitute sub-section (1).

Section 46(3)..............

Omit Two hundred and eight dollars, substitute $208.

Section 46(4)..............

(a) Omit Five hundred and twenty dollars, substitute $520.

(b) Omit the next succeeding sub-section, substitute sub-section (5).

Section 46(5)..............

(a) Omit the last preceding sub-section (wherever occurring), substitute sub-section (4).


SCHEDULE—continued

Provision

Amendment

 

(b) Omit Two hundred and eight dollars, substitute $208.

Section 47(1)..............

Omit the next succeeding sub-section, substitute sub-section (2).

Section 47(2)..............

Omit the last preceding sub-section (wherever occurring), substitute sub-section (1).

Section 47(3)..............

Omit Two hundred and eight dollars, substitute $208.

Section 47(4)..............

(a) Omit Five hundred and twenty dollars, substitute $520.

(b) Omit the next succeeding sub-section, substitute sub-section (5).

Section 47(5)..............

(a) Omit the last preceding sub-section (wherever occurring), substitute sub-section (4).

(b) Omit Two hundred and eight dollars, substitute $208.

Section 48(1)..............

(a) Omit Five hundred and twenty dollars, substitute $520.

(b) Omit the next succeeding sub-section, substitute sub-section (2).

Section 48(2)..............

(a) Omit the last preceding sub-section, substitute sub-section (1).

(b) Omit Two hundred and eight dollars, substitute $208.

(c) Omit the last preceding section, (wherever occurring), substitute section 47.

Section 48aa(1)(a)...........

Omit , or sub-section (1) of section 47, of this Act, substitute or sub-section (1) of section 47.

Section 48ac(1).............

Omit , of this Act (wherever occurring).

Section 48ac(1).............

Omit , or (first and second occurring), substitute or.

Section 48b(1)(b)............

Omit five, or sub-section (2) of section seventy-nine, of this Act, substitute 5 or sub-section (2) of section 79.

Section 49(1)(a).............

Omit the last preceding section, substitute section 48c.

Section 52(8)..............

Omit of this Act.

Section 61(2)(a).............

Omit the next succeeding paragraph, substitute paragraph (b).

Section 66(2)..............

(a) Omit of this Act (wherever occurring).

(b) Omit the first day of January, One thousand nine hundred and seventy, substitute 1 January 1970.

Section 66(3)..............

Omit the last preceding sub-section, substitute sub-section (2).

Section 67(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 67(3)..............

Omit the last preceding sub-section, substitute sub-section (2).

Section 67(5)..............

Omit of this section (last occurring).

Section 69(1)..............

Omit the last preceding section, substitute section 68.

Section 69(2)..............

Omit the last preceding section, substitute section 68.

Section 69(3)..............

Omit the last preceding section, substitute section 68.

Section 69(5)..............

Omit of this section (last occurring).

Section 70(1)..............

(a) Omit the last preceding section, substitute section 69.

(b) Omit the thirteenth day of December, One thousand nine hundred and fifty-nine, substitute 13 December 1959.

(c) Omit the last two preceding paragraphs, substitute paragraphs (d) and (e)

Section 70(5)..............

Omit of this Act.

Section 71(1a)..............

Omit of this section.

Section 71(1b)..............

Omit of this section (wherever occurring).

Section 71(1c)..............

Omit of this section (wherever occurring).

Section 71(1d)..............

Omit of this section.

Section 71(1d)(b)(ii)..........

Omit Twenty-six dollars, substitute $26.

Section 71(1e)..............

Omit the last preceding sub-section (wherever occurring), substitute sub-section (1d).

Section 71(3)..............

Omit of this section (last occurring).


SCHEDULE—continued

Provision

Amendment

Section 72(1a)..............

Omit of this section.

Section 72(1b)..............

Omit of this section (wherever occurring).

Section 72(1c)..............

Omit of this section (wherever occurring).

Section 72(2)..............

Omit of this section (last occurring).

Section 73(1)..............

(a) Omit either of the last two preceding sections, substitute section 71 or 72.

(b) Omit the next succeeding sub-section, substitute sub-section (2).

(c) Omit Five hundred and twenty dollars (wherever occurring), substitute $520.

(d) Omit One thousand three hundred dollars (wherever occurring), substitute $1300.

(e) Omit One hundred and four dollars, substitute $104.

(f) Omit One thousand four hundred and four dollars (wherever occurring), substitute $1404.

Section 73(2)..............

(a) Omit either of the last two preceding sections, substitute sections 71 or 72.

(b) Omit Two hundred and sixty dollars (wherever occurring), substitute $260.

(c) Omit Six hundred and fifty dollars (wherever occurring), substitute $650.

(d) Omit Fifty-two dollars, substitute $52.

(e) Omit Seven hundred and two dollars (wherever occurring), substitute $702.

Section 73(3)..............

Omit either of the last two preceding sections, substitute section 71 or 72.

Section 74(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 74(4)..............

Omit the last two preceding sub-sections, substitute sub-sections (2) and (3).

Section 74(6)..............

Omit of this section.

Section 79(3)..............

Omit the last preceding sub-section, substitute sub-section (2).

Section 80(1)(a).............

(a) Omit Ten, substitute 10.

(b) Omit Two dollars (wherever occurring), substitute $2.

Section 81(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 82(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 83(1)(b)............

Omit the last preceding paragraph, substitute paragraph (a).

Section 83(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 83a(1)..............

Omit the last two preceding sections, substitute sections 82 and 83.

Section 87................

Omit of this Act (first occurring).

Section 87a................

Omit the next succeeding section, substitute section 87b.

Section 87b(2)..............

Omit The last preceding sub-section, substitute Sub-section (1).

Section 87b(3)..............

Omit the last preceding sub-section, substitute sub-section (2).

Section 88(7)..............

Omit of this Act.

Section 90(2)..............

Omit the thirtieth day of June, One thousand nine hundred and fifty-seven, substitute 30 June 1957.

Section 90(3)..............

(a) Omit the last preceding sub-section, substitute sub-section (2).

(b) Omit the thirtieth day of June, One thousand nine hundred and fifty-seven, substitute 30 June 1957.

Section 90(4)..............

Omit the last preceding sub-section, substitute sub-section (3).

Section 91(2)..............

Omit the last preceding sub-section, substitute sub-section (1).


SCHEDULE—continued

Provision

Amendment

Section 92(1)..............

Omit eighty-two, or sub-section (1) of section eighty-three, of this Act, substitute 82 or sub-section (1) of section 83.

Section 92(2)..............

(a) Omit eighty-two, or sub-section (2) of section eighty- three of this Act (wherever occurring), substitute 82 or sub-section (2) of section 83.

(b) Omit the next succeeding paragraph, substitute paragraph (b).

Section 93(1)..............

Omit of this Act.

Section 93(2) (a)............

Omit the next succeeding paragraph, substitute paragraph (b).

Section 93(2) (b)............

Omit the last preceding paragraph, substitute paragraph (a).

Section 94 (definition of transferred dockyard employee)

Omit the twenty-eighth day of October, One thousand nine hundred and forty-two, substitute 28 October 1942.

Section 95(1)..............

Omit the twenty-eighth day of October, One thousand nine hundred and forty-two (wherever occurring), substitute 28 October 1942.

Section 95(3)..............

Omit the last preceding sub-section, substitute sub-section (2).

Section 95(4)..............

(a) Omit of this Act (wherever occurring).

(b) Omit the twenty-eighth day of October, One thousand nine hundred and forty-two, substitute 28 October 1942.

Section 95(6)..............

Omit of this section.

Section 96................

(a) Omit the last preceding section, substitute section 95.

(b) Omit of this Act (last occurring).

Section 98(1)..............

Omit the twenty-eighth day of October, One thousand nine hundred and forty-nine, substitute 28 October 1949.

Section 100c(4).............

(a) Omit of this Act (second and last occurring).

(b) Omit of this section.

Section 100c(9).............

Omit of this Act (wherever occurring).

Section 100c(11)............

Omit of this Act.

Section 100d...............

Omit of this Act (first occurring).

Section 100j(3).............

Omit of this Act.

Section 100l(3).............

Omit of this section.

Section 101 (definition of
State employee)

Omit the first day of November, One thousand nine hundred and fifty-one, substitute 1 November 1951.

Section 102(2)..............

Omit of this section.

Section 102(4)..............

(a) Omit of this section.

(b) Omit of this Act (last occurring).

Section 107c(4)(b)...........

Omit of this sub-section (first occurring).

Section 107c(5).............

Omit of this Act (second and last occurring).

Section 107c(10)............

Omit of this Act (wherever occurring).

Section 107c(12)............

Omit of this Act.

Section 107m(4)............

Omit of this section.

Section 109(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 110(1)(b)............

Omit the last preceding section, substitute section 109.

Section 110(3)..............

Omit the last preceding sub-section, substitute sub-section (2).

Section 110a...............

Omit either of the last two preceding sections, substitute section 109 or 110.

Section 110c(2).............

(a) Omit the last preceding sub-section, substitute sub-section (1) of this section.

(b) Omit one hundred and nineteen h of this Act, substitute 119h.

(c) Omit one hundred and nine, and section one hundred and ten, of this Act, substitute 109 and section 110.

Section 111(3)..............

Omit the last two preceding sub-sections, substitute sub-sections (1) and (2).

Section 112(3)..............

Omit the next succeeding section, substitute section 113.

Section 112(4)..............

Omit the last preceding sub-section, substitute sub-section (3).


SCHEDULE—continued

Provision

Amendment

Section 113(1)..............

(a) Omit the next succeeding sub-section, substitute sub-section (2).

(b) Omit the last preceding section, substitute section 112.

Section 114(1)(a)............

Omit the next succeeding paragraph, substitute paragraph (b).

Section 114(3)..............

Omit the last preceding sub-section, substitute sub-section (2).

Section 119d(1)(a)(i).........

(a) Omit of this Act (third and last occurring).

(b) Omit of this Part.

Section 119d(1)(b)...........

Omit the last preceding paragraph, substitute paragraph (a).

Section 119d(3).............

Omit the next succeeding sub-section, substitute sub-section (4).

Section 119d(4).............

Omit the last preceding sub-section, substitute sub-section (3).

Section 119e(b).............

Omit the last preceding paragraph, substitute paragraph (a).

Section 119f(a).............

Omit of this Part.

Section 119g(2).............

Omit the last preceding sub-section, substitute sub-section (1).

Section 119h(2).............

Omit the last preceding sub-section, substitute sub-section (1).

Section 119j(1)(a)...........

Omit the last preceding section, substitute section 119h.

Section 119j(2).............

Omit the last preceding sub-section, substitute sub-section (1).

Section 119j(3)(c)(i)..........

Omit the last preceding paragraph, substitute paragraph (b).

Section 119j(3)(c)(v).........

Omit of this Act (wherever occurring).

Section 119j(3)(d)...........

Omit the last preceding paragraph, substitute paragraph (c).

Section 119j(4).............

Omit the last preceding sub-section, substitute sub-section (3).

Section 119j(5)(a)...........

Omit the last preceding section, substitute section 119h.

Section 119j(6)(a)...........

Omit the last preceding section, substitute section 119h.

Section 119j(7)(c)...........

(a) Omit the next succeeding paragraph, substitute paragraph (d).

(b) Omit eighty-two, and sub-section (1) of section eighty-three, of this Act, substitute 82 and sub-section (1) of section 83.

Section 119j(7)(d)...........

(a) Omit eighty-two, or sub-section (1) of section eighty-three, of this Act, substitute 82 or sub-section (1) of section 83.

(b) Omit eighty-two, or sub-section (2) of section eighty-three, of this Act, substitute 82 or sub-section (2) of section 83.

(c) Omit the last preceding paragraph, substitute paragraph (c) of this sub-section.

Section 119j(7)(e)...........

Omit eighty-two, or sub-section (2) of section eighty-three, of this Act, substitute 82 or sub-section (2) of section 83.

Section 119j(7)(e)(ii).........

Omit the last preceding sub-paragraph, substitute sub-paragraph (i).

Section 119j(9).............

Omit the last preceding sub-section, substitute sub-section (8).

Section 119j(10)............

Omit the last preceding sub-section, substitute sub-section (9).

Section 119k(2)(d)...........

Omit of this Act (wherever occurring).

Section 119k(3).............

Omit the last preceding sub-section, substitute sub-section (2).

Section 119k(4).............

Omit of this Act.

Section 119k(5)(a)...........

Omit of this Act.

Section 119k(6)(a)...........

Omit of this Act.


SCHEDULE—continued

Provision

Amendment

Section 119l(1).............

Omit either of the last two preceding sections, substitute section 119j or k.

Section 119l(2).............

Omit either of the last two preceding sections, substitute section 119j or k.

Section 119l(3).............

Omit either of the last two preceding sections, substitute section 119j or k.

Section 119m(1)............

Omit the next succeeding sub-section, substitute sub-section (2).

Section 119m(1)(b)..........

Omit the last preceding paragraph, substitute paragraph (a).

Section 119m(1)(c)..........

Omit of this sub-section (wherever occurring).

Section 119m(2)............

Omit the last preceding sub-section (wherever occurring), substitute sub-section (1).

Section 119m(5)............

Omit neither of the last two preceding sub-sections is, substitute sub-sections (3) and (4) are not.

Section 119m(7)............

Omit the last preceding sub-section, substitute sub-section (6).

Section 119m(8)............

(a) Omit the first day of January, One thousand nine hundred and seventy, substitute 1 January 1970.

(b) Omit the thirtieth day of June, One thousand nine hundred and seventy-two, substitute 30 June 1972.

(c) Omit the first day of July, One thousand nine hundred and seventy-two, substitute 1 July 1972.

Section 119n(1)(a)...........

Omit the next succeeding paragraph, substitute paragraph (b).

Section 119n(2).............

Omit the next succeeding sub-section, substitute sub-section (3).

Section 119n(3).............

Omit the last preceding sub-section, substitute sub-section (2).

Section 119p(1)(b)...........

Omit the next two succeeding sub-sections, substitute sub-sections (2) and (3).

Section 119p(2).............

Omit the last preceding sub-section, substitute sub-section (1).

Section 119p(3).............

Omit of this section (first occurring).

Section 119p(3)(d)(iii)........

Omit the last preceding paragraph, substitute paragraph (c).

Section 119q(2).............

(a) Omit the last preceding sub-section, substitute sub-section (1).

(b) Omit the first day of January, One thousand nine hundred and seventy, substitute 1 January 1970.

Section 119r(2).............

(a) Omit the last preceding sub-section, substitute sub-section (1).

(b) Omit the first day of January, One thousand nine hundred and seventy, substitute 1 January 1970.

Section 119t(4)(a)...........

Omit the last preceding section, substitute section 119s.

Section 119t(5).............

Omit of this Act (first and second occurring).

Section 119t(6)(b)(i)..........

Omit the next succeeding sub-paragraph, substitute sub-paragraph (ii).

Section 119t(7).............

Omit the last preceding sub-section, substitute sub-section (6).

Section 119u(4).............

Omit the next succeeding sub-section, substitute sub-section (5).

Section 119u(5).............

Omit The last preceding sub-section, substitute Sub-section (4).

Section 119u(6)(b)...........

Omit the last preceding paragraph, substitute paragraph (a).

Section 119u(7).............

Omit the last preceding sub-section, substitute sub-section (6).

Section 119v(1)(a)...........

Omit the last preceding section, substitute section 119u.

Section 119v(2).............

Omit the last preceding sub-section, substitute sub-section (1).

Section 119w(1)(a)...........

Omit the last preceding section, substitute section 119v.


SCHEDULE—continued

Provision

Amendment

Section 119w(3)............

Omit the last preceding sub-section, substitute sub-section (2).

Section 119w(4)............

Omit the last two preceding sub-sections, substitute sub-sections (2) and (3).

Section 119w(6)............

Omit the next two succeeding sub-sections, substitute sub-sections (7) and (8).

Section 119w(7)............

Omit The last preceding sub-section, substitute Sub-section (6).

Section 119w(8)............

Omit of this Act.

Section 119x(1).............

(a) Omit the last preceding section, substitute section 119w.

(b) Omit either of the last two preceding sections, substitute section 119v or 119w.

Section 119za(1)(b)..........

Omit the next succeeding sub-section, substitute sub-section (2) of this section.

Section 119za(3)............

Omit the last preceding sub-section, substitute sub-section (2).

Section 119zc(1)(b)..........

(a) Omit of this Act.

(b) Omit of this Part.

Section 119zc(2)............

(a) Omit the last preceding sub-section, substitute sub-section (1) of this section.

(b) Omit of that section (last occurring), substitute section 119j.

Section 119zc(3)............

Omit the last preceding sub-section, substitute sub-section (2).

Section 119zc(5)............

Omit the last preceding sub-section, substitute sub-section (4).

Section 119zc(7)............

(a) Omit of this Act (wherever occurring).

(b) Omit of this Part (wherever occurring).

Section 119zc(7)(a)..........

Omit of this sub-section.

Section 119zc(7)(b)..........

Omit of this section (wherever occurring).

Section 119zc(7)(c)..........

Omit the last preceding paragraph, substitute paragraph (b).

Section 119zc(7)(d)(ii)........

Omit the last preceding sub-paragraph, substitute sub-paragraph (i).

Section 119zc(8)(a)(i).........

Omit of this Act (wherever occurring).

Section 119zc(8)(a)(ii)........

Omit of this Part.

Section 119zc(9)(a)(i).........

Omit of this Act (wherever occurring).

Section 119zc(9)(a)(ii)........

Omit of this Part.

Section 119zc(12)...........

(a) Omit the last preceding sub-section, substitute sub-section (11).

(b) Omit the first day of January, One thousand nine hundred and seventy, substitute 1 January 1970.

Section 119zd(2)(a)..........

Omitof this Act.

Section 119zd(2)(b)..........

Omit one hundred and nineteen d, and paragraph (a) of sub-section (1) of section one hundred and nineteen h, of this Act, substitute 119d and paragraph (a) of sub-section (1) of section 119h.

Section 119zd(4)............

Omit of this Act.

Section 119zd(5)............

Omit the last preceding section, substitute section 119zc.

Section 119zd(6)............

Omit the last preceding section (wherever occurring), substitute section 119zc.

Section 119ze(2)............

Omit Two hundred and eight dollars, substitute $208.

Section 119ze(3)............

(a) Omit thirty-three of this Act, substitute 33.

(b) Omit ninety-nine and one hundred and six, and sub-section (3) of section one hundred and nineteen, of this Act, substitute 99 and 106 and sub-section (3) of section 119.

Section 119ze(4)............

(a) Omit the succeeding provisions of this section, substitute sub-sections (5), (6) and (7).

(b) Omit of this Act.

Section 119ze(6)............

Omit of this Act (last occurring).

Section 119zi(1)(a)(ii).........

Omit Twenty-six dollars, substitute $26.


SCHEDULE—continued

Provision

Amendment

Section 119zk(2)............

Omit the fifteenth day of June, substitute 15 June.

Section 119zk(3)............

(a) Omit the fifteenth day of June, substitute 15 June.

(b) Omit the thirtieth day of June, substitute 30 June.

Section 123(1)..............

(a) Omit , or sub-section (1) of section 47, of this Act, substitute or sub-section (1) of section 47.

(b) Omit of this Act, (last occurring).

Section 135(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Section 142(2)..............

Omit Twenty dollars, substitute $20.

Section 143................

Omit the next succeeding section, substitute section 143a.

Section 143a(2).............

Omit the last preceding sub-section, substitute sub-section (1).

Section 143a(3).............

(a) Omit the last preceding sub-section, substitute sub-section (2).

(b) Omit Forty dollars, substitute $40.

Section 143a(6).............

Omit of this section (first occurring).

Section 143a(8).............

Omit One hundred dollars, substitute $100.

Section 144(1a).............

(a) Omit the last preceding sub-section, substitute sub-section (1).

(b) Omit Two dollars, substitute $2,

Section 149(1)..............

Omit the Department of the Treasury, substitute the Department that deals with matters arising under this Act.

Section 149a(1).............

Omit four, and sub-section (2) of section five, of this Act, substitute 4 and sub-section 2 of section 5.

Section 150(1)(d)............

Omit One hundred dollars, substitute $100.

Section 150(2)..............

Omit of this Act (last occurring).

 

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.