Statutory Rules 1991 No. 446¹

Superannuation (Continuing Contributions for Benefits) 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

1. Commencement

1.1 These Regulations commence on the commencement of the Repatriation Institutions (Staff) Act 1991.

2. Amendment

2.1 The Superannuation (Continuing Contributions for Benefits) Regulations are amended as set out in these Regulations.

3. New regulation 3b

3.1 After regulation 3A, insert:

Repatriation institutions staff to whom section 14a of the Act applies

“3b. (1) Subject to subregulation (2), section 14a of the Act applies to the class of persons, each of whom:

(a) is taken, by force of subsection 14 (2) of the Repatriation Institutions (Staff) Act 1991, to have resigned from the Australian Public Service at the start of the day (in this regulation called ‘the relevant day’) on which a State, or an authority of a State, started to operate a repatriation institution (within the meaning of that Act); and

(b) was an eligible employee immediately before the relevant day; and

(c) on the relevant day, is in employment at that repatriation institution that is:

(i) acceptable continuing employment, within the meaning of that Act; and

(ii) not casual employment or temporary part-time employment; and

(d) continues, on and from the relevant day, to be in that employment or in other employment that is not casual employment or temporary part-time employment and that is:

(i) if the repatriation institution was, on the relevant day, operated by a State—other employment by that State, or employment by an authority of that State; or

(ii) if the repatriation institution was, on the relevant day, operated by an authority of a State—other employment by that authority, or employment by that State or another authority of that State; and

(e) does not become a member of a State superannuation scheme.

“(2) Subregulation (1) does not apply if the Minister signs a certificate for the purposes of this regulation that there are no arrangements, satisfactory to the Minister, in respect of the payment by the State or the authority of a State referred to in paragraph (1) (d) to the Commonwealth for the provision of superannuation under the Act for the person.”.

NOTES

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

2. Statutory Rules 1981 No. 36 as amended by 1987 No. 290; 1989 No. 168; 1990 Nos. 179 and 379; 1991 Nos. 97 and 168.