Statutory Rules 1988 No. 231¹

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Superannuation (Salary) Regulations²

(Amendment)

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

Dated 15 September 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

J. S. Dawkins

Minister of State for Employment, Education and Training for and on behalf of the Minister of State for Finance

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The Superannuation (Salary) Regulations are amended by adding at the end the following regulation:

Annual rate of salary of certain eligible employees in Commonwealth Scientific and Industrial Research Organisation

“21. (1) In this regulation:

‘relevant appointment’ means a position as an officer in the Organisation for which the designation, under the officer’s terms and conditions of service, is:

(a) Director of Institute;

(b) Chief of Division, Grade 1, 2, 3 or 4;

(c) Executive Secretary;

(d) Senior Executive, Level 4, 5 or 6;

(e) First Assistant Secretary;

(f) Senior Assistant Secretary;

(g) Assistant Secretary; or

(h) Director of Technical Services;

‘Organisation’ has the same meaning as in the Science and Industry Research Act 1949.

(S.R. 245/88)—Cat. No.                                                                                                                                 14/23.8.1988

“(2) Where an eligible employee holding a particular relevant appointment is transferred to another position in the Organisation (whether or not another relevant appointment), or subsequently holds any other such position, being in either case a position in respect of which a lower annual rate of salary is payable, the annual rate of salary for the purposes of the Act of the eligible employee on a particular day is, subject to subregulation (3), an amount equal to the amount per annum that would be the amount of the annual rate of salary for the purposes of the Act of the eligible employee on that day if he or she held a position in the Organisation on that day having the same classification as the classification applicable to that particular relevant appointment.

“(3) The amount of an allowance payable to an eligible employee in relation to a particular relevant appointment shall be disregarded in calculating under subregulation (2) the amount of his or her annual rate of salary for the purposes of the Act on a particular day unless the amount of the allowance was included in the amount of his or her annual rate of salary for the purposes of the Act immediately before any transfer from that relevant appointment.

“(4) Subregulation (2) applies to an eligible employee transferred as referred to in that subregulation subject to any right or entitlement applicable immediately before the transfer, under subsection 47 (1) of the Act, in relation to the ascertainment of his or her annual rate of salary.

“(5) Subregulation (2) does not apply if the eligible employee:

(a) on the day on which, but for this provision, that subregulation would first apply to him or her, makes an election under subsection 47 (2) of the Act in relation to the transfer occurring on that day; or

(b) has been appointed to be an officer of the Organisation only for a specified period.

“(6) Subregulation (2) ceases to apply if the eligible employee:

(a) having been transferred from a relevant appointment to a position in the Organisation that is not a relevant appointment, is subsequently transferred (whether or not immediately after holding that position) to another position in the Organisation, being a position:

(i) that is not a relevant appointment; and

(ii) that has a lower classification than the classification applicable, immediately before that subsequent transfer, to the first-mentioned position; or

(b) ceases to be an officer of the Organisation.

“(7) Subregulation (2) ceases to apply from and including a day on which, whether in relation to a transfer from the relevant appointment or any further transfer within the Organisation, the eligible employee makes an election under subsection 47 (2) of the Act.

“(8) Subregulation (2) ceases to apply from and including a day on which, whether or not because of a further transfer within the Organisation,

the eligible employee’s annual rate of salary for the purposes of the Act is greater than the annual rate of salary for the purposes of the Act that would be applicable to the eligible employee on that day if he or she held a position in the Organisation on that day having the same classification as the classification applicable to the particular relevant appointment.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 September 1988.

2. Statutory Rules 1978 No. 282 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 171 and see also Statutory Rules 1988 No. 171.

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