Statutory Rules 1992   No. 397 1

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Superannuation (Salary) 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 9 December 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

RALPH WILLIS

Minister of State for Finance

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1.   Amendment

1.1   The Superannuation (Salary) Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2.   Regulation 6 (Payment of allowance of a prescribed kind on a regular basis)

2.1   Subregulation 6 (1):

Omit “shall not, for the purposes of paragraph 5 (l), be taken to be payable to an eligible employee on a regular basis unless”, substitute “is taken, for the purposes of paragraph 5 (l) or 8QA (1) (b), to be payable to an eligible employee on a regular basis only if”.

3.   Regulation 8Q (Executive employees—flexible remuneration packages)

3.1   Subregulation 8Q (1):

Omit “applies”, substitute “applies, subject to regulation 8QA,”.

4   New regulation 8QA

4.1   After regulation 8Q, insert in Part 2E:

Higher duties allowances

 “8QA. (1)  For the purposes of subregulation 8Q (2), the total yearly value of the remuneration of an eligible employee on a particular day is taken to include an allowance (however described) at the annual rate that applies under subregulation (3), if the allowance:

 (a) is payable on that day to the eligible employee because he or she is temporarily performing the whole or part of the duties of an office that has a higher classification than the office that the person occupies; and

 (b) is payable to the eligible employee on a regular basis (within the meaning of regulation 6).

 “(2) For the purposes of paragraphs 8 (1) (b) and (1) (b) of this regulation, an allowance that satisfies the criterion stated in paragraph (1) (a) is taken to be an allowance of a prescribed kind within the meaning of Part 2.

 “(3) The annual rate of allowance that applies on a particular day for the purposes of subregulation (1) is the lowest annual rate at which an allowance of a kind referred to in paragraph (1) (a) was payable to the eligible employee during:

 (a) if paragraph (b) does not apply—the period of 12 months that ended at the end of the day immediately preceding that particular day; or

 (b) if the eligible employee has performed:

 (i) the duties performed by him or her on that particular day; or

 (ii) duties of an office that has a higher classification than the office that the person occupies;

  for a lesser continuous period that ended at the end of the day immediately preceding that particular day–that period.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on  16 December 1992.

2. Statutory Rules 1978 No. 282 as amended by year 1981 No. 5; 1985 Nos. 204 and 326; 1986 Nos. 43 and 49; 1987 No. 70; 1988 Nos. 171 , 231, 250 and 350; 1989 No. 77; 1990 No. 128; 1991 Nos. 167, 312 and 466; 1992 Nos. 169, 219, 266 and 290.