Statutory Rules
1979 No. 46
REGULATIONS UNDER THE SUPERANNUATION ACT 19761
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.
	Dated this fifteenth day of March 1979.
	ZELMAN COWEN
	Governor-General
	By His Excellency’s Command,

ERIC L. ROBINSON
Minister of State for Finance
________
SUPERANNUATION (DEFERRED BENEFITS) REGULATIONS
1	Citation
		These Regulations may be cited as the Superannuation (Deferred Benefits) Regulations.
2	Interpretation
		In these Regulations, “ the Act ” means the Superannuation Act 1976.
3	Application of the Act and the provisions of the Act to persons to whom sub-section 136 (4) of the Act applies
		The Act and the provisions of the Act specified in the Schedule apply subject to the modifications specified in the Schedule to and in relation to those persons to whom sub-section 136 (4) of the Act applies.
SCHEDULE
Regulation 3
MODIFICATIONS OF THE ACT AND THE PROVISIONS OF THE ACT IN THE APPLICATION OF THE ACT AND THOSE PROVISIONS TO AND IN RELATION TO PERSONS TO WHOM SUB-SECTION 136 (4) OF THE ACT APPLIES

Section	Modifications	
112 . . . . .	Omit from sub-section (6) “ Subject to sub-sections (7) and (8),”, substitute “ Subject to sub-sections (7), (8), (10), (11) and (12),”.
Add at the end of section 112 the following sub-sections:
“ (10)	Where–
	(a)	deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 68 or 71;
	(b)	the person’s entitlement to the deferred benefit is cancelled under sub-section 143 (2) and deferred benefits again become applicable in relation to him; and
	(c)	the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit becoming payable to or in respect of the person, 
sub-section (6) does not apply in relation to him.
“ (11)	Subject to sub-section (12), where–
	(a)	deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 67 or 70;
	(b)	the person’s entitlement to the deferred benefit is cancelled under sub- section 143 (2) and deferred benefits again become applicable in relation to him; and
	(c)	the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit becoming payable to or in respect of the person,
sub-section (6) does not apply in relation to him, but there shall be paid out of the Superannuation Fund into the Consolidated Revenue Fund an amount equal to the amount that was paid to the Fund under sub-section 112 (9) in respect of the person upon his entitlement to deferred benefits being cancelled under sub-section 143 (2), together with interest, calculated in accordance with sub-regulation (13), on that amount in respect of the period commencing on theday on which that amount was paid into the Fund under sub-section 112 (9) and ending on–
	(d)	the pension pay day next following the day on which the deferred benefits again become payable to or in respect of the person as referred to in paragraph (c); or
	(e)	the second pension pay day after the day on which the Commissioner has determined the amount of any pension or lump sum benefit constituting or forming part of the deferred benefits again becoming payable to or in respect of the person as referred to in paragraph (c),
whichever is the later.	
	“ (12)	Where–
	(a)	deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 67 or 70;
	(b)	the person’s entitlement to the deferred benefit is cancelled under sub- section 143 (2) and deferred benefits again become applicable in relation to him; and
	(c)	the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit by way of a lump sum benefit equal to his accumulated basic contributions becoming payable to or in respect of the person out of the Superannuation Fund,
sub-section (6) does not apply in relation to him.
“ (13)	The amount of interest payable by virtue of sub-section (11), in respect of an amount (referred to in this sub-section as the ‘relevant amount’) paid to the Fund under sub-section 112 (9) in respect of a person upon his entitlement to deferred benefits being cancelled under sub-section 143 (2) shall be the amount of any interest that would be payable, in accordance with the regulations, in respect of an equal amount referred to in sub-paragraph 145 (8) (a) (i) if the period in respect of which interest was payable in respect of that last-mentioned amount were the same period in respect of which interest is, by virtue of sub-section 112 (11), payable in respect of the relevant amount.”.	
136 . . . . . 	Add at the end of section 136 the following sub-section:
“ (7)	Where deferred benefits again become payable to or in respect of a person to whom sub-section (4) applies, the deferred benefits shall–
	(a)	if the deferred benefits that ceased to be applicable in relation to the person as referred to in paragraph (4) (b) so ceased to be applicable upon a deferred benefit by way of invalidity benefit becoming payable to him in accordance with section 67 or 70–consist only of such benefits referred to in sub-section (1), or such parts of such benefits, as are based upon contributions by a person other than the first-mentioned person and benefits based upon the first-mentioned person’s accumulated basic contributions; or
	(b)	if the deferred benefits that ceased to be applicable in relation to the person as referred to in paragraph (4) (b) so ceased to be applicable upon a deferred benefit by way of invalidity benefit becoming payable to him in accordance with section 68 or 71–consist only of such benefits referred to in sub-section (1), or such parts of such benefits, as are based upon contributions by a person other than the first-mentioned person.”.	

NOTE
1.	Notified in the Commonwealth of Australia Gazette on 21 March 1979.