Statutory Rules 1981 No.361
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Superannuation (Continuing Contributions 
for Benefits) Regulations
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Superannuation Act 1976.
	Dated 12 March 1981.
	ZELMAN COWEN
	Governor-General
	By His Excellency’s Command,

MARGARET GUILFOYLE
Minister of State for Finance
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	Citation
	1.	These Regulations may be cited as the Superannuation (Continuing Contributions for Benefits) Regulations.
	Interpretation
	2.	In these Regulations, unless the contrary intention appears—
“officer” has the same meaning as in the Public Service Act;
“Public Service Act” means the Public Service Act 1922;
“relevant person” means a person to whom section 14A of the Act applies;
“State superannuation scheme” means a superannuation scheme established under the law of a State and applying to persons employed in the Public Service, or any other service, of the State;
“superannuation scheme” means a superannuation or retirement benefits scheme applying to persons by reason of their being engaged in certain employment;
“the Act” means the Superannuation Act 1976.
	Classes of persons to which section 14A of the Act does not apply
	3.	Each of the following classes of persons is a class to which section 14A of the Act does not apply:
	(a)	a class of persons each of whom—
	(i)	is, otherwise than by virtue of sub-section 87C (2) of the Public Service Act, an officer to whom Division 2 of Part IV of that Act applies; and
	(ii)	was not, immediately before becoming, or last becoming, such an officer, an eligible employee;
	(b)	a class of persons each of whom—
	(i)	is, by virtue of sub-section 87C (2) of the Public Service Act, an officer to whom Division 2 of Part IV of that Act applies; and
	(ii)	was not, immediately before both—
	(A)	the dismissal in relation to which his re-appointment, or last re‑appointment, under section 63F or 63G of that Act was made; and
	(B)	that re-appointment,
		an eligible employee;
	(c)	a class of persons each of whom—
	(i)	is, otherwise than by virtue of sub-section 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies; and
	(ii)	was not, immediately before becoming, or last becoming, such a person, an eligible employee;
	(d)	a class of persons each of whom—
	(i)	is, otherwise than by virtue of sub-section 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;
	(ii)	was, immediately before becoming, or last becoming, such a person, an eligible employee; and
	(iii)	became, upon becoming such a person, a member of a superannuation scheme, other than the scheme constituted by the provisions of the Act, applying in relation to the employment in which that person was then engaged;
	(e)	a class of persons each of whom—
	(i)	is, by virtue of sub-section 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies; and
	(ii)	was not, immediately before both—
	(A)	the dismissal in relation to which the declaration, or last declaration, under sub-section 63G (7) of that Act was made in relation to him; and
	(B)	the making of that declaration,
		an eligible employee;
	(f)	a class of persons each of whom—
	(i)	is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977; and
	(ii)	became, during the period that—
	(A)	commenced upon his becoming, or last becoming, such an approved person; and
	(B)	ended at the expiration of 14 March 1981,
		a member of a State superannuation scheme;
	(g)	a class of persons each of whom—
	(i)	is performing duty in the Australian Public Service in pursuance of a re‑appointment to that Service under section 63F, 63G or 66B of the Public Service Act; and
	(ii)	was not, immediately before both—
	(A)	the dismissal, or deemed retirement, in relation to which that re-appointment was made; and
	(B)	that re-appointment,
		an eligible employee.
	Cessation of application of section 14A
4.	(1)	The time fixed, for the purposes of sub-section 14A (2) of the Act, in relation to a relevant person who—
	(a)	is a person to whom Division 3 of Part IV of the Public Service Act applies;
	(b)	but for his being a relevant person, would not be an eligible employee; and
	(c)	either—
	(i)	makes, by notice in writing to the Commissioner or to a person authorized by the Commissioner for the purposes of this regulation, an election to cease to be a person to whom section 14A of the Act applies; or
	(ii)	without previously making an election of the kind referred to in sub‑paragraph (i), becomes a member of a superannuation scheme applying in relation to his employment, not being the scheme constituted by the provisions of the Act,
is the expiration of the day immediately preceding the day on which the event referred to in paragraph (c) occurs.
	(2)	The time fixed, for the purposes of sub-section 14A (2) of the Act, in relation to a relevant person who—
	(a)	is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977; and
	(b)	becomes a member of a State superannuation scheme,
is the expiration of the day immediately preceding the day on which he becomes a member of the State superannuation scheme.
	Application of Act to certain relevant persons re-appointed or reinstated under Public Service Act
	5.	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 a relevant person who—
	(a)	is a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; or
	(b)	is a person who is performing duty in the Australian Public Service in pursuance of a re-appointment to that Service under section 63F, 63G or 66B of that Act.
	SCHEDULE	Regulation 5
MODIFICATIONS OF ACT
	1.	Insert the following Part after Part VIII:
“PART VIIIA—CERTAIN ELIGIBLE EMPLOYEES RE-APPOINTED OR REINSTATED UNDER THE PUBLIC SERVICE ACT
“124A.		This Part applies to an eligible employee to whom section 14A applies, being—
	(a)	a person who—
	(i)	is performing duty in the Australian Public Service in pursuance of a re‑appointment to that Service under sub-section 63F (9), 63G (7) or 66B (6) of the Public Service Act;
	(ii)	was, immediately before his dismissal, or deemed retirement, from the Australian Public Service, being the dismissal or deemed retirement in relation to which his re-appointment referred to in sub-paragraph (i) relates, an eligible employee; and
	(iii)	was not, during a period (in this Part referred to as a ‘relevant period’) comprising the whole, or any portion of the period that—
	(A)	commenced at the time of that dismissal or deemed retirement; and
	(B)	ended at the time at which that re-appointment took effect,
		an eligible employee;
	(b)	a person who—
	(i)	is, by virtue of sub-section 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;
	(ii)	was, immediately before his dismissal from the Australian Public Service, being the dismissal to which the declaration in respect of him referred to in sub-section 87K (11) of that Act relates, an eligible employee; and
	(iii)	was not, during a period (in this Part referred to as a ‘relevant period’) comprising the whole, or any portion, of the period that—
	(A)	commenced at the time of that dismissal; and
	(B)	ended upon the making of the declaration referred to in sub-paragraph (ii),
		an eligible employee; or
	(c)	a person who—
	(i)	is, by virtue of a determination under sub-section 87P (7) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;
	(ii)	was, immediately before the termination of his employment referred to in sub‑paragraph 87P (1) (a) (i) or (b) (i) of that Act, as the case may be, being the termination of employment to which the determination referred to in sub‑paragraph (i) relates, an eligible employee; and
	(iii)	was not, during a period (in this Part referred to as a ‘relevant period’) comprising the whole, or any portion, of the period that—
	(A)	commenced at the time of that termination of his employment; and
	(B)	ended upon the making of the determination referred to in sub‑paragraph (i),
		an eligible employee.
“124B.		Each period that is, in relation to an eligible employee to whom this Part applies, a relevant period, shall be deemed, for the purposes of this Act, to be a period during the whole of which he was absent, on leave without pay, from the employment in which he was engaged immediately before the commencement of that relevant period and, where that period is not a period exceeding 12 weeks, shall be taken, for purposes of section 51, to be such a period.
“124C.	(1)   Any benefit that became payable under this Act to an eligible employee to whom this Part applies upon the commencement of any period that is, in relation to him, a relevant period shall be deemed not to have been payable, and the amount of any benefit so paid to him shall be repaid by him to the Commissioner before the expiration of 2 months after the making of—
	(a)	his re-appointment referred to in sub-paragraph 124A (a) (i);
	(b)	the declaration in respect of him referred to in sub-paragraph 124A (b) (ii); or
	(c)	the determination in respect of him referred to in sub-paragraph 124A (c) (i), as the case may be, or within such further period as the Commissioner allows.
	“(2)	Where an amount repaid to the Commissioner under sub-section (1) is an amount that has been paid out of the Consolidated Revenue Fund, the Commissioner shall pay the amount so repaid to him into the Consolidated Revenue Fund, and where an amount so repaid has been paid out of the Superannuation Fund, the Commissioner shall pay the amount so repaid to him into the Superannuation Fund.”.
	2.	Insert the following section after section 159:
“159A.	(1)   In this section—
‘Commonwealth authority’ and ‘Commonwealth office’ have the same respective meanings as in Part IV of the Public Service Act;
‘prescribed authority’ means a Commonwealth authority that is not an approved authority;
‘relevant person’, in relation to a prescribed authority, means an eligible employee, being a person to whom Division 2 or 3 of Part IV of the Public Service Act applies, who—
	(a)	is employed by the prescribed authority; or
	(b)	is the holder of a Commonwealth office that is declared by the Minister to be an office the holding of which is to be treated, for the purposes of this section, as if it were employment by the prescribed authority.
	“(2)	Subject to sub-section (3), a prescribed authority shall make payments to the Commonwealth in respect of relevant persons at such rates as the Minister from time to time determines, having regard to the amounts that have become, or are likely to become, payable out of the Consolidated Revenue Fund to or in respect of those persons, and the prescribed authority may apply for the purposes of this sub-section any moneys under its control.
	“(3)	Sub-section (2) does not apply to a prescribed authority that is declared by the Minister to be an exempt authority for the purposes of this section.”.
	3.	Add at the end of section 160 the following sub-sections:
	“(4)	Where the medical examination of a relevant person is required by or under section 16, the cost of the examination shall, unless the Minister otherwise directs, be borne by the prescribed authority, and the prescribed authority may apply for that purpose any moneys under its control.
	“(5)	In sub-section (4), ‘prescribed authority’ and ‘relevant person’ have the same respective meanings as in section 159A.”.

NOTE
1.	Notified in the Commonwealth of Australia Gazette on 13 March 1981.