Federal Register of Legislation - Australian Government

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SR 2001 No. 309 Regulations as made
These Regulations amend the Papua New Guinea (Staffing Assistance) (Superannuation) 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 Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 47
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR12-Feb-2002
Tabled Senate12-Feb-2002
Gazetted 15 Oct 2001

Papua New Guinea (Staffing Assistance) (Superannuation) Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 3092

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Papua New Guinea (Staffing Assistance) Act 1973.

Dated 8 October 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

JOHN FAHEY


1              Name of Regulations

                These Regulations are the Papua New Guinea (Staffing Assistance) (Superannuation) Amendment Regulations 2001 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Papua New Guinea (Staffing Assistance) (Superannuation) Regulations

                Schedule 1 amends the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations.

4              Application of amendments

         (1)   The amendments made by Schedule 1 apply:

                 (a)     for the purpose of working out an increase in the amount of the annual pension that is payable immediately before:

                          (i)     the prescribed half-year (as defined in the amendment made by item [5] of Schedule 1) beginning on 1 January 2002; and

                         (ii)     each subsequent prescribed half-year; and

                (b)     for any other purpose related to the purpose mentioned in paragraph (a).

         (2)   To avoid doubt, the amendments made by Schedule 1 do not affect any increase in the amount of the annual pension that arose from the operation of any provision repealed or amended by Schedule 1.


Schedule 1        Amendments

(regulation 3)

  

[1]         Regulation 1

substitute

1              Name of Regulations

                These Regulations are the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973.

[2]         Part X

omit

[3]         Part XA, heading

substitute

Part XA              Pension increases on and after 1 January 2002

[4]         Subregulation 111A (1), before definition of pension

insert

first quarter, in relation to a half-year, means:

                (a)    for a half-year beginning on 1 January in a year — the March quarter of the year; and

               (b)    for a half-year beginning on 1 July in a year — the September quarter of the year.

half-year means a period of 6 months beginning on 1 January or 1 July in any year.

[5]         Subregulation 111A (1), after definition of pension

insert

prescribed half-year means the half-year commencing on 1 January 2002 or a subsequent half-year.

[6]         Subregulation 111A (1), definition of prescribed year

omit

[7]         Subregulation 111A (2)

after

March quarter

insert

or September quarter

[8]         Subregulation 111B (1)

omit each mention of

March quarter

insert

first quarter

[9]         Subregulation 111B (1)

omit each mention of

year

insert

half-year

[10]      Subregulation 111B (2)

omit

year

insert

half-year

[11]      Subregulation 111B (3), definitions of A and B

omit each mention of

March quarter

insert

first quarter

[12]      Subregulation 111B (3), definitions of A and B

omit each mention of

year

insert

half-year

[13]      Subregulation 111C (1)

omit each mention of

year

insert

half-year

[14]      Subparagraph 111C (1) (b) (ii)

omit

prescribed year; or

insert

prescribed year;

[15]      Paragraph 111C (1) (c)

omit

[16]      Subregulations 111C (2), (3) and (4)

substitute

         (2)   If the retirement or death took place after 15 June or 15 December in the half-year immediately preceding the relevant prescribed half-year, the person is not entitled to the increase.

         (3)   If the retirement or death took place on or before 15 June or 15 December in the half-year immediately preceding the relevant prescribed half-year, the increase is:

where:

n is the number of months in the period during the immediately preceding half-year when the pension was payable.

standard increase is the increase that would have applied but for this regulation.

         (4)   If the period referred to in subregulation (3) is less than 1 month, n is taken to be 1.

[17]      Subregulations 111D (1), (2) and (3)

omit

Part X or

[18]      Regulation 111E

omit

30 June in a year

insert

30 June or 31 December in a half-year

[19]      Regulations 111EA and 111EB

omit

Notes

1.       These Regulations amend Statutory Rules 1973 No. 239, as amended by 1974 Nos. 128 and 156; 1975 Nos. 134 and 179; 1976 Nos. 74, 138 and 183; 1977 Nos. 65, 145 and 218; 1978 Nos. 92 and 155; 1981 No. 387; Act No. 93, 1986; Statutory Rules 1987 No. 63; Act No. 125, 1989.

2.       Notified in the Commonwealth of Australia Gazette on 15 October 2001.