Federal Register of Legislation - Australian Government

Primary content

SR 1986 No. 90 Regulations as made
These Regulations amend the Superannuation (Transfer Arrangements) Regulations.
Administered by: Finance
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 40
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR20-May-1986
Tabled Senate27-May-1986
Gazetted 16 May 1986
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014

Commonwealth Coat of Arms of Australia

Statutory Rules 1986 No. 901                   

Superannuation (Transfer Arrangements) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.

Dated 8 May 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Walsh

Minister of State for Finance

Commencement

1. These Regulations shall be deemed to have taken effect from and including 19 December 1985.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Superannuation (Transfer Arrangements) Regulations.

3. After regulation 8 of the Principal Regulations the following regulation is inserted:

Application of the Act to an officer of the Department of Health

“9. The Act and the provisions of the Act specified in Schedule 6 apply subject to the modifications specified in that Schedule to and in relation to the person who

(a) on 19 December 1985, becomes an eligible employee by virtue of his holding the office of First Assistant Secretary, Health Services Financing Division, Department of Health; and

(b) was, before so becoming an eligible employee, a member of the superannuation scheme constituted by the Superannuation Act, 1974 of the State of South Australia.

(S.R. 98/86)—Cat. No.                                                                                                                                                       12/23.4.1986


 

Schedule 6

4. The Principal Regulations are amended by adding at the end the following Schedule:

SCHEDULE 6                                               Regulation 9

MODIFICATIONS-FIRST ASSISTANT SECRETARY, HEALTH SERVICES FINANCING DIVISION, DEPARTMENT OF HEALTH

Section

Modifications

127

Omit, substitute the following section

 

‘127. In this Division, a reference to the prescribed person is a reference to the person who

 

(a) on 19 December 1985, becomes an eligible employee by virtue of his holding the office of First Assistant Secretary, Health Services Financing Division, Department of Health; and

 

(b) was, before so becoming an eligible employee, a member of the superannuation scheme constituted by the Superannuation Act, 1974 of the State of South Australia.’.

128

Omit from sub-section (1) all the words to and including “employment, and’, substitute ‘Where’.

 

Omit from paragraph (1) (a) ‘the eligible employee’ and all the words from and including ‘amount of that transfer value’, substitute ‘the prescribed person’ and ‘amount that was paid to him under section 79 of the Superannuation Act, 1974 of the State of South Australia, and’ respectively.

 

Omit sub-section (2), substitute the following sub-section:

 

‘(2) The amount paid by the prescribed person to the Commissioner under sub-section (1) shall be paid by the Commissioner into the Superannuation Fund and, for the purposes of this Act, that amount shall be deemed to be basic contributions paid by the person to the Commissioner under this Act.’.

 

Omit sub-sections (3), (4), (5) and (6), substitute the following sub-section:

 

‘(3) There shall be added to the period that, but for this sub-section, would be the period of contributory service of the prescribed person the period commencing on 24 November 1976 and ending at the expiration of 18 December 1985.’.

129

Omit the section.

130

Omit, substitute the following section:

 

Exemption from medical examination

 

‘130. Where the prescribed person, in accordance with sub-section 128 (1), pays to the Commissioner the amount referred to in that sub-section, section 16 does not apply in relation to the prescribed person.’.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 May 1986.

2. Statutory Rules 1978 No. 255 as amended by 1980 No. 257; 1981 No. 4; 1984 No. 404; 1985 No. 74.

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