Statutory Rules 1991 No. 468¹

Superannuation (Former Provident Account Contributors) 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 12 December 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Minister of State for Finance

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Superannuation (Former Provident Account Contributors) Regulations.

Application of the Act and the provisions of the Act to certain persons

2. Regulation 4 of the Principal Regulations is amended:

(a) by omitting from subregulation (2) “92 or 137” and substituting “92, 128, 137 or 139a”;

(b) by omitting from subregulation (2) “92, 137, 197” and substituting “92, 128, 137, 139a, 197”.

Schedule

3. The Schedule to the Principal Regulations is amended:

(a) by inserting in the text substituted by the modification of subsection 62 (2) of the Act “. to the sum of the amount of the person’s accumulated supplementary contributions (if any) and” after “or 59”:

29024 (S.R. 285/90)—Cat. No.                                                                                                              14/6.9.1991

(b) by inserting after the modifications of section 71 of the Act the following modification:

“76a Omit from paragraph (b) ‘or 72’, substitute ’72, 198 or 199’ ”;

(c) by omitting the modification of subsection 110 (10) of the Act:

(d) by omitting from subsection 197 (1) of the Act as inserted by the modification of Part XII of the Act “ceases” and substituting “ceases, or is about to cease,”;

(e) by omitting from subsection 197 (3) of the Act as inserted by the modifications of Part XII of the Act “out of the Fund”;

(f) by inserting in paragraph 198 (1) (a) of the Act as inserted by the modifications of Part XII of the Act “, or is about to cease,” after “ceases”;

(g) by omitting paragraph 198 (1) (c) of the Act as inserted by the modifications of Part XII of the Act and substituting the following paragraphs:

“(c) in the case of a person who is, or who has been, an approved part-time employee—whose period of prospective employment within the meaning of the Superannuation (Approved Part-time Employees) Regulations is not less than 8 years; and

(d) in the case of any other person—whose period of prospective service is not less than 8 years;”;

(h) by inserting in subsection 198 (1) of the Act as inserted by the modifications of Part XII of the Act “, but not earlier than 3 months before he or she becomes,” after “becoming”;

(j) by inserting in paragraph 199 (1) (a) of the Act as inserted by the modifications of Part XII of the Act “, or is about to cease,” after “ceases”;

(k) by adding at the end of paragraph 199 (1) (a) of the Act as inserted by the modifications of Part XII of the Act “and”;

(l) by omitting paragraph 199 (1) (c) of the Act as inserted by the modifications of Part XII of the Act and substituting the following paragraphs:

“(c) in the case of a person who is or who has been, an approved part-time employee—whose period of employment within the meaning of the Superannuation (Approved Part-time Employees) Regulations is not less than 15 years; and

(d) in the case of any other person—whose period of contributory service is not less than 15 years;”;

(m) by inserting in subsection 199 (1) of the Act as inserted by the modifications of Part XII of the Act “, but not earlier than 3 months before he or she becomes,” after “becoming”;

(n) by omitting from subsection 200 (2) of the Act as inserted by the modifications to Part XII of the Act “, payable out of the Fund,”;

(o) by omitting from subsection 201 (3) of the Act as inserted by the modifications of Part XII of the Act “out of the Fund”;

(p) by inserting in subsection 202 (1) of the Act as inserted by the modifications of Part XII of the Act “or in the case of a prescribed eligible employee who was at any time, an approved part-time employee, whose period of prospective employment within the meaning of the Superannuation (Approved Part-time Employees) Regulations.” after “prospective service”;

(q) by inserting in subsection 203 (1) of the Act as inserted by the modifications of Part XII of the Act “or, in the case of a prescribed eligible employee who was, at any time, an approved part-time employee, whose period of employment within the meaning of the Superannuation (Approved Part-time Employees) Regulations.” after “contributory service”;

(r) by omitting from subsection 204 (2) of the Act as inserted by the modifications of Part XII of the Act “payable out of the Fund”;

(s) by omitting from subsection 205 (3) of the Act as inserted by the modifications of Part XII of the Act “out of the Fund”;

(t) by omitting paragraph 207 (1) (b) of the Act as inserted by the modifications of Part XII of the Act and substituting the following paragraphs:

“(b) in the case of a prescribed eligible employee who was, at any time, an approved part-time employee—his or her period of prospective employment within the meaning of the Superannuation (Approved Part-time Employees) Regulations is not less than 8 years;

(ba) in any other case—his or her period of prospective service is not less than 8 years;”;

(u) by omitting paragraph 208 (1) (b) of the Act as inserted by the modifications of Part XII of the Act and substituting the following paragraphs:

“(b) in the case of a prescribed eligible employee who was at any time, an approved part-time employee—his or her period of employment within the meaning of the Superannuation (Approved Part-time Employees) Regulations is not less than 8 years;

(ba) in any other case—his or her period of contributory service is not less than 8 years;”;

(v) by omitting from subsection 209 (2) of the Act as inserted by the modifications of Part XII of the Act “, out of the Fund,”;

(w) by omitting from subsection 210 (3) of the Act as inserted by the modifications of Part XII of the Act “, payable out of the Fund.”;

(x) by omitting from subparagraph 211 (2) (b) (ii) of the Act as inserted by the modifications of Part XII of the Act “the Superannuation (Interest) Regulations” and substituting “a determination made by the Board under subsection 154a (1)”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1991.

2. Statutory Rules 1978 No. 227 as amended by 1991 No. 171.

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