Federal Register of Legislation - Australian Government

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SR 2002 No. 94 Regulations as made
These Regulations amend the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981.
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 HR14-May-2002
Tabled Senate14-May-2002
Gazetted 09 May 2002
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014
Table of contents.

Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 942

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 Superannuation Act 1976.

Dated 2 May 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

NICK MINCHIN


Contents

                        1  Name of Regulations                                                         2

                        2  Commencement                                                                2

                        3  Amendment of Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981     2

Schedule 1           Amendments taken to have commenced on 1 July 2001   3

Schedule 2           Amendments taken to have commenced on 7 November 2001         6

 


1              Name of Regulations

                These Regulations are the Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations 2002 (No. 1).

2              Commencement

                These Regulations are taken to have commenced as follows:

                 (a)     on 1 July 2001 — regulations 1 to 3, and Schedule 1;

                (b)     on 7 November 2001 — Schedule 2.

3              Amendment of Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981

                Schedules 1 and 2 amend the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981.



 

Schedule 1        Amendments taken to have commenced on 1 July 2001

(regulation 3)

  

[1]           Subregulation 2 (1), after definition of ASP Ship Management

insert

ATP Ltd means Australian Training Products Limited (ACN 062758632), incorporated under the Corporations Law on 15 August 1994.

[2]           After paragraph 3A (1) (v)

insert

              (zb)    a class of persons each of whom:

                          (i)    became, or becomes, an employee of ATP Ltd (other than on a casual or temporary part-time basis) on or after 1 July 2001; and

                         (ii)    immediately before becoming so employed, was an eligible employee employed by the Australian National Training Authority; and

                        (iii)    is not, in relation to the person’s employment with ATP Ltd, a member of a superannuation scheme, other than:

                                   (A)     the scheme provided for by the Act; or

                                   (B)     in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.

[3]           Subregulation 3A (1A)

after

(1) (v) (iii) (C),

insert

and (1) (zb) (iii) (B),

[4]           Subregulation 4 (1A)

after

22 (b) (iii),

insert

and 28 (b) (ii),

[5]           After subregulation 4 (22)

insert

       (28)   Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zb) at the end of the first occurring of the following days:

                (a)    the day on which the person ceases to be an employee of ATP Ltd;

               (b)    the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by ATP Ltd, other than:

                          (i)    the scheme provided for in the Act; or

                         (ii)    in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;

                (c)    if Commonwealth control of ATP Ltd ceases — the last day on which ATP Ltd ceases to be under Commonwealth control.

[6]           Schedule 1, subitem 2.1, after inserted paragraph 159 (1A) (s)

insert

               (y)    ATP Ltd.


 

Schedule 2        Amendments taken to have commenced on 7 November 2001

(regulation 3)

  

[1]           Subregulation 2 (1), after definition of ACT Government control

insert

ASPI Ltd means Australian Strategic Policy Institute Limited (ACN 097369045), incorporated under the Corporations Act 2001 on 22 August 2001.

[2]           Sub-subparagraph 3A (1) (zb) (iii) (B)

omit

purposes.

insert

purposes;

[3]           After paragraph 3A (1) (zb)

insert

              (zc)    a class of persons:

                          (i)    each of whom became, or becomes, an employee of ASPI Ltd (otherwise than on a casual or temporary part-time basis) on or after 7 November 2001; and

                         (ii)    each of whom:

                                   (A)     immediately before becoming so employed, was an eligible employee; or

                                   (B)     immediately before becoming so employed, was a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was payable, or would have been payable but for a suspension of payment; or

                                   (C)     immediately before becoming so employed, was a person to whom invalidity pension under the Act was payable, or would have been payable but for a suspension of payment; or

                                   (D)     immediately before becoming so employed, was a person to whom deferred benefits under the Act or the superseded Act were applicable; or

                                   (E)     is a person who, because of the person’s employment with ASPI Ltd, is a re‑employed former contributor with preserved rights; and

                        (iii)    each of whom is not, in relation to the person’s employment by ASPI Ltd, a member of a superannuation scheme, other than:

                                   (A)     the scheme provided for by the Act; or

                                   (B)     in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.

[4]           Subregulation 3A (1A)

omit

and (1) (zb) (iii) (B),

insert

(1) (zb) (iii) (B) and (1) (zc) (iii) (B),

[5]           Subregulation 4 (1A)

omit

and (28) (b) (ii),

insert

(28) (b) (ii) and (29) (b) (ii),

[6]           After subregulation 4 (28)

insert

       (29)   Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zc) at the end of the first occurring of the following days:

                (a)    the day on which the person ceases to be an employee of ASPI Ltd;

               (b)    the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by ASPI Ltd, other than:

                          (i)    the scheme provided for in the Act; or

                         (ii)    in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;

                (c)    the day on which ASPI Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.

[7]           Schedule 1, subitem 2.1, inserted paragraph 159 (1A) (y)

omit

Ltd.

insert

Ltd;

[8]           Schedule 1, subitem 2.1, after inserted paragraph 159 (1A) (y)

insert

                (z)    ASPI Ltd.

Notes

1.       These Regulations amend Statutory Rules 1981 No. 36, as amended by 1987 No. 290; 1989 No. 168; 1990 Nos. 179 and 379; 1991 Nos. 97, 168, 446 (as amended by 1992 No. 213) and 465; 1992 Nos. 27, 213, 323, 428 and 460 (as amended by 1994 No. 271); 1993 Nos. 3, 50 and 348; 1994 Nos. 8, 115, 116, 248, 271 and 335; 1995 Nos. 97, 201, 349 and 438; 1996 Nos. 6, 97 and 297; 1997 Nos. 47 and 215; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172; 2001 No. 230.

2.       Notified in the Commonwealth of Australia Gazette on 9 May 2002.