Statutory Rules

1976 No. 140

REGULATIONS UNDER THE SUPERANNUATION ACT 1976.*

I, A DEPUTY OF 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 thirtieth day of June, 1976.

A Deputy of the Governor-General.

By His Excellency’s Command,

Minister of State for Post and Telecommunications for and on behalf of the Treasurer.

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SUPERANNUATION (ELIGIBLE EMPLOYEES) REGULATIONS

Citation.

1. These Regulations may be cited as the Superannuation (Eligible Employees) Regulations.

Commencement.

2. These Regulations shall come into operation on 1 July 1976.

Definition.

3. In these Regulations, “the Act” means the Superannuation Act 1976.

Certain employees not to be eligible employees.

4. For the purposes of the definition of “eligible employee” in sub-section 3 (1) of the Act, each of the following classes of persons is a prescribed class of persons:—

(a) persons (including persons specified in a direction given under section 11, 12 or 13 of the Act) who—

(i) are employed by an approved authority, whether in a permanent capacity or otherwise; and

(ii) are members of a superannuation or retirement scheme applying to persons employed by that approved authority (not being the scheme constituted by the provisions of the Act) or are required by the terms and conditions of their employment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) such members;

* Notified in the Australian Government Gazette on 30 June 1976.

13619/76—Recommended retail price 10c 12/24.6.1976.

(b) persons who—

(i) immediately before the commencement of the Act, were employed by an approved authority in a permanent capacity and have continued to be, and are, such employees;

(ii) immediately before the commencement of the Act, were not employees for the purposes of the superseded Act;

(iii) immediately before the commencement of the Act, were not members of a superannuation or retirement scheme applying to persons employed by that approved authority and have not at any time since the commencement of the Act, been, and are not. such members; and

(iv) have not requested that they be treated as eligible employees;

(c) persons who—

(i) immediately before the commencement of the Act, were entitled to make an election under sub-section 66 (2), 67 (2), or 69 (1), of the superseded Act;

(ii) did not make such an election before the commencement of the Act;

(iii) but for these Regulations, would have been eligible employees at the commencement of the Act and would have continued to be, and would be, such employees; and

(iv) have not requested that they be treated as eligible employees.

Printed by Authority by the Government Printer of Australia