Statutory Rules 1993   No. 3451

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Superannuation (Leave of Absence Without Pay) Regulations2 (Amendment)

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

Dated 15 December 1993.

                                                                                    BILL HAYDEN

                                                                                   Governor-General

By His Excellency’s Command,

RALPH WILLIS

Minister for Finance

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1.   Commencement

1.1   These Regulations are taken to have commenced on 18 December 1992.

2.   Amendment

2.1   The Superannuation (Leave of Absence Without Pay) Regulations are amended as set out in these Regulations.

3.   Schedule (Modification of the Act and the provisions of the Act in the application of the Act and those provisions to and in relation to persons to whom section 51 of the Act applies)

3.1   Omit the heading, substitute:

                                                “SCHEDULE                             Regulation 4

MODIFICATION OF THE ACT IN ITS APPLICATION
TO CERTAIN PERSONS TO WHOM SECTION 51
OF THE ACT APPLIES”.

3.2   Modifications of Part IX (inserted section 130ab):

Omit the section.

3.3   Modifications of Part IX (inserted paragraph 130ac (1) (a)):

Omit the paragraph, substitute:

           “(a)   a person to whom section 51 applies, and who is a person referred to in regulation 5, 9 or 11 of the Superannuation (Transfer Arrangements) Regulations, has, at any time during a period of leave, been in employment, within or outside Australia, on the termination of which a transfer value or transfer values (within the meaning of section 127) became payable to or in respect of the person under a superannuation scheme applicable in relation to that employment;”.

3.4   Modifications of Part IX (inserted subsections 130ac (2) and (3):

Omit the subsections, substitute:

        “ ‘(2)   If:

             (a)   a person to whom section 51 applies engages in employment during a period of leave; and

             (b)   a transfer value becomes payable to or in respect of that person in relation to that employment;

subsection 128 (5) applies to that employee as if “(not being a period greater than the period of leave)” were inserted in that subsection after “such period”.’.”

3.5   Modification of section 157:

Omit the modification, substitute:

“After ‘128,’ insert in paragraph (3) (a) ‘130ac,’.”.

NOTES

1.   Notified in the Commonwealth of Australia Gazette on  17 December 1993.

2.   Statutory Rules 1988 No. 246.