Federal Register of Legislation - Australian Government

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Superannuation (Salary) Regulations (Amendment)

Authoritative Version
  • - F1996B02205
  • No longer in force
SR 1991 No. 167 Regulations as made
These Regulations amend the Superannuation (Salary) 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 Senate13-Aug-1991
Tabled HR20-Aug-1991
Gazetted 28 Jun 1991
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014








Statutory  Rules  1991   No. 1671




Superannuation (Salary) Regulations 2 (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 27 June 1991.


                                                                                         BILL HAYDEN


          By His Excellency’s Command,




Minister of State for Industry, Technology and Commerce

for and on behalf of the

Minister of State for Finance



1.   Commencement

1.1   These Regulations are taken to have commenced on 1 July 1990.



2.   Amendment

2.1   The Superannuation (Salary) Regulations are amended as set out in these Regulations.




3.   Regulation 13 (Salary of certain eligible employees on leave of absence without pay)

3.1   Subregulation 13 (1):

Omit the subregulation, substitute:


             “(1)  In respect of an eligible employee who is on leave of absence without pay, the annual rate of salary of the person on a particular day during a relevant period (as defined in subregulation (1A)) that is, or forms part of, a period of leave of absence without pay is, for the purposes of the Act, an amount per annum equal to the annual rate of the notional salary of the eligible employee on that day.


           “(1A)  For the purposes of subregulation (1), a relevant period is:

               (a)  a period during which:

                           (i)  section 51 of the Act does not apply to the eligible employee; and

                          (ii)  section 51A of the Act does not apply to the eligible employee; and

                         (iii)  circumstances prescribed by subregulation (2) do not apply in respect of the eligible employee; or

               (b)  a period during which section 51A of the Act applies to the eligible employee, being a period that forms part of his or her period of contributory service.”.


3.2   Subregulation (2):

Omit “sub-regulation (1),”, substitute “subparagraph (1A) (a) (iii),”.


3.3   Subregulation (3):

Omit the subregulation.





1.      Notified in the Commonwealth of Australia Gazette on 28 June 1991.


2.      Statutory Rules 1978 No. 282 as amended by 1981 No. 5; 1985 Nos. 204 and 326; 1986 Nos. 43 and 49; 1987 No. 70; 1988 Nos. 171, 231, 250 and 350; 1989 No. 77; 1990 No. 128.