Document ID: chunk:federal_register_of_legislation:C1963A00102:body:0:p8
Version: federal_register_of_legislation:C1963A00102
Segment Type: other
Provision Reference: 
Character Range: 17491–20093

to the Provident Account, being a person who is deemed to be an employee by virtue of section four of this Act or by virtue of any other Act, terminates or is terminated; and"; and
        (c) by adding at the end of sub-section (2.) the words "or to be deemed to be an employee".

19. Section eighty-eight of the Principal Act is repealed and the following section inserted in its stead:—

Rights of contributors who have been candidates at elections.

"88.—(1.) This section applies to a person, being a contributor to the Provident Account, who—
        (a) resigned from his employment in order to become a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State;
        (b) was a candidate at the election; and
        (c) failed to be elected.

"(2.) Where a person to whom this section applies—
        (a) on application made by him within two months after the declaration of the result of the election, becomes employed by the Commonwealth or by an approved authority—
              (i) in the case of a person who, immediately before his resignation, was deemed to be an employee by virtue of section four of this Act or by virtue of any other Act—on terms that require him to give the whole of his time to the duties of his employment; or
              (ii) in any other case—otherwise than as a casual, exempt or temporary employee; or
        (b) dies before the expiration of that period,
and the amount paid to him under section eighty-five of this Act upon his resignation is repaid to the Board before the expiration of that period or within such further time as the Board allows, he shall be deemed not to have ceased, by reason of his resignation, to be a contributor to the Provident Account or to be, or to be deemed to be, an employee and he shall be deemed to have received salary from the time of his resignation to the time of the commencement of his employment by the Commonwealth or by the authority or the time of his death, as the case may be, at the rate at which he would have received salary if he had not resigned.".

Application of Part.
20. Section one hundred and eleven of the Principal Act is amended—
        (a) by omitting from sub-paragraph (i) of paragraph (c) of sub-section (2.) the words "or the High Commissioner Act 1909–1952";
        (b) by adding at the end of sub-paragraph (ii) of that paragraph the word "or";
        (c) by omitting from sub-paragraph (iii) of that paragraph the word "or"; and
        (d) by omitting sub-paragraph (iv) of that paragraph.

21. Section one hundred and thirty-one of the