Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p19
Version: federal_register_of_legislation:C1971A00046
Segment Type: other
Provision Reference: 
Character Range: 42742–45492

prescribed pension referred to in paragraph (d), of sub-section (1.) of section one hundred and nineteen h of this Act would have become payable to or in respect of him or deferred benefits referred to in paragraph (ƒ) of that sub-section would have become applicable in respect of him.
"(2.) Where the application of this Part in relation to an employee is not excluded by reason of the last preceding sub-section but section one hundred and nineteen h of this Act applies in relation to him, sub-sections (5.) and (6.) of section one hundred and nine, and section one hundred and ten, of this Act do not apply in relation to him.".

Application of Division.
19. Section 111 of the Principal Act is amended by adding at the end thereof the following sub-section:—
"(3.) Notwithstanding the last two preceding sub-sections, this Part does not apply to a person who becomes employed by the Commonwealth or by an approved authority after the commencement of the Superannuation Act 1971.".
20. After Part X. of the Principal Act the following Part is inserted:—

"Part Xa.—Preservation of Rights of Certain Contributors and Former Contributors.

"Division 1.—Preliminary.

Interpretation.
      "119a.—(1.) In this Part, unless the contrary intention appears—
     'employment' means employment by the terms of which persons employed in that employment are required to give the whole of their time to the duties of their employment;
     'life policy' means a life policy as defined by sub-section (1.) of section four of the Life Insurance Act 1945–1965;
     'member', in relation to a superannuation scheme applying in relation to any employment, includes any person employed in that employment in respect of whom benefits are applicable under the scheme by reason of his being so employed, whether or not he has made contributions under the scheme;
     'the rules', in relation to a superannuation scheme, means the rules governing the operation of the scheme, whether contained in a law or in a trust deed or other instrument.

"(2.) For the purposes of this Part, the membership by a person of a House of the Parliament of the Commonwealth or of a State shall be treated as if it were employment of the person by the Commonwealth or by that State, as the case may be.
"(3.) A reference in this Part to a superannuation scheme shall be read as a reference to a superannuation or retirement scheme, however established, and, unless the contrary intention appears, shall be read as including a reference to—
       (a) the superannuation scheme constituted by the provisions of this Act relating to the Fund; and
       (b) the retirement scheme constituted by the provisions of this Act relating to the Provident Account.
"(4.) For the purposes of