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Superannuation Amendment Act 1988

No. 130 of 1988

An Act to amend the Superannuation Act 1976, and for related purposes

[Assented to 14 December 1988]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.
1. (1) This Act may be cited as the Superannuation Amendment Act 1988.
(2) In this Act, "Principal Act" means the Superannuation Act 19761.

Commencement
2. This Act commences on the day on which it receives the Royal Assent.

16223/88 Cat. No. 88 6853 0

Commissioner for Superannuation
3. Section 17 of the Principal Act is amended by omitting from subsection (2) "Part III" and substituting "Parts III and Xa".

4. After Part X of the Principal Act the following Part is inserted:

"PART Xa—SUPERANNUATION UNDER OTHER LAWS

Interpretation
"153aa. (1) In this Part:
     'applicable law' means a relevant law that is declared by the Minister, by notice published in the Gazette, to be an applicable law for the purposes of this Part;
     'eligible body' means a relevant body that is declared by the Minister, by notice published in the Gazette, to be an eligible body for the purposes of this Part;
     'relevant body' means:
         (a) a company or other body corporate of a kind referred to in subparagraph (a) (iii) of the definition of 'approved authority' in subsection 3 (1); or
         (b) an authority or body of a kind referred to in subparagraph (a) (iv) of that definition (other than an authority or body established under a relevant law);
    being a company, body or authority that is an approved authority or that is declared by the Minister, by notice published in the Gazette, to be a relevant body for the purposes of this Part;
     'relevant law' means a law of the Commonwealth (including this Act) or of the Australian Capital Territory;
     'superannuation benefits' includes any benefits similar to the benefits provided under this Act;
     'superannuation scheme' means a superannuation or retirement scheme, however established, and includes any arrangement for the provision of superannuation benefits to a person upon or by reason of that person's ceasing to hold an office or appointment or to be employed or to the dependants of a person upon or by reason of that person's death.
"(2) For the purposes of this Part:
     (a) a reference to a person who is employed under a relevant law or an applicable law includes a reference to a person holding an office or appointment under that law; and
     (b) a reference to a person who is employed by a relevant body or an eligible body includes a reference to a person holding an office or appointment in that body.