Statutory  Rules  1991   No. 1721

__________________

Superannuation (Period of Contributory Service) 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

  Governor-General

 By His Excellency’s Command,

JOHN N. BUTTON

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 (Period of Contributory Service) Regulations are amended as set out in these Regulations.

3.   Regulation 4 (Application of the Act to certain persons)

3.1   Omit the regulation, substitute:

Application of the Act to certain persons

 “4. In relation to a person who:

 (a) was, immediately before the commencement of the Act, an employee for the purposes of the superseded Act; and

 (b) was, immediately after that commencement, an eligible employee; and

 (c) has ceased to be, and has not again become, an eligible employee; and

 (d) is a person to whom section 183 of the Act applies;

the Act applies subject to the modifications specified in Schedule 1.”.

4.   Schedule (Modifications of the Act and a provision of the

Act in the application of the Act and that provision to and in relation to certain persons to whom section 183 of the Act applies)

4.1   Heading of the Schedule:

Omit the heading, substitute:

 “SCHEDULE 1 Regulation 4

MODIFICATION OF THE ACT IN ITS APPLICATION IN RELATION TO CERTAIN PERSONS TO WHOM SECTION 183 OF THE ACT APPLIES”.

4.2   Item 1 (paragraph (d) of the substituted definition of “period of contributory service”):

Omit the parentheses and all the words from and including “less any period” to the end.

4.3   Item 1 (substituted definition of “period of contributory service”):

Add at the end:

 “but excluding from that aggregate of periods any period that is:

 (g) a period of leave of absence without pay in respect of which subsection 51 (1) applies to the person; or

 (h) a period of absence from duty in respect of which subsection 51a (1) as in force before 1 July 1990 applies to the person; or

 (j) a period that is taken, under subsection 51a (5) as in force on and after 1 July 1990, to be a non-contributory period of service for the person;”.

4.4   Item 2 (inserted subsection 193 (1)—definition of “previous employment”):

Omit all the words from and including “in relation to a person” to “means—”, substitute “in relation to a relevant person, means:”.

4.5   Item 2 (inserted subsection 193 (1)):

Add at the end:

“ ‘relevant person’ means a person to whom paragraphs 4 (a), (b), (c) and (d) of the Superannuation (Period of Contributory Service) Regulations apply.”.

4.6   Item 2 (inserted paragraph 193 (2) (a)):

Omit all the words from and including “in relation to a person” to “become an eligible employee,”, substitute “in relation to a relevant person,”.

4.7   Item 2 (inserted subsection 194 (1)):

Omit all the words from and including “in relation to a person” to “become an eligible employee;—”, substitute “in relation to a relevant person:”.

4.8   Item 2 (inserted subsection 195 (1)):

Omit all the words from and including “to a person” to “become an eligible employee,”, substitute “to a relevant person,”.

4.9   Item 2 (inserted paragraph 195 (1) (a)):

Omit “paragraph (a)”, substitute “paragraph (d)”.

___________________________________________________

NOTES

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

2. Statutory Rules 1977 No. 105 as amended by 1986 No. 50.