Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p6
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 12206–15048

of the presidential member's appointment; and

    (b) by notice in writing to the Minister.

"(3B) If a presidential member makes the election:

    (a) the Judges' Pensions Act 1968 applies in relation to him or her and is taken to have so applied immediately after he or she was appointed as a presidential member; and

    (b) he or she is taken to have ceased to be:

     (i) an eligible employee for the purposes of the Superannuation Act 1976; or

       (ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990;

    immediately before being appointed as a presidential member.".

After subsection 16(4):

Insert:

"(4A) Subject to subsection (4B), if:

    (a) a presidential member makes an election under subsection (3); and

    (b) he or she would, but for this subsection, be entitled to benefits under the Superannuation Act 1990;

that Act applies in relation to the presidential member as if he or she were not entitled to those benefits.

"(4B) Subsection (4A) does not affect the presidential member's entitlement (if any) to the part of those benefits that consists of his or her accumulated member contributions and accumulated employer contributions within the meaning of the Superannuation Act 1990.".

SCHEDULE—continued

Subsection 24K(3):

Omit the subsection, substitute:

"(3) If the Registrar is:

    (a) an eligible employee for the purposes of the Superannuation Act 1976; or

    (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990;

the Governor-General may, with the Registrar's consent, retire the Registrar from office on the ground of incapacity.

"(4) In spite of anything contained in this section, a Registrar who:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(5) In spite of anything contained in this section, a Registrar who:

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is under 60 years of age;

is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".

Anti-Dumping Authority Act 1988

Subsection 20(7):

Omit the subsection.

After section 20:

Insert:

Removal taken to be retirement on ground of invalidity

"20A.(1) If the member:

    (a) is an eligible employee for the purposes of the Superannuation