Document ID: chunk:federal_register_of_legislation:C2018C00098:section:14
Version: federal_register_of_legislation:C2018C00098
Segment Type: section
Provision Reference: s 14
Character Range: 11280–13723

14  Continuing application of the Crimes (Superannuation Benefits) Act 1989

Continuing application of Act
 (1) Subject to subsection (2), if a person who was an employee of an ASTA body before the body's sale day committed a corruption offence while such an employee, then, on and after the body's sale day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the body continued to be a Commonwealth authority.

Limitation on superannuation orders
 (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by an ASTA body on or after the body's sale day.

Superannuation schemes
 (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by an ASTA body on or after the body's sale day is not a superannuation scheme for the purposes of the application of the Crimes (Superannuation Benefits) Act 1989 to a corruption offence committed by a person after the body's sale day.

Paragraph 19(3)(d) orders
 (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to an ASTA body, an order made under that paragraph on or after the body's sale day may only specify that an amount paid to the Commonwealth before the body's sale day by or on behalf of the body belongs to the Commonwealth.

Paragraph 19(4)(b) orders
 (5) If:
 (a) a person who was an employee of an ASTA body before the body's sale day committed a corruption offence while such an employee; and
 (b) the person was paid benefits before, on or after the body's sale day out of the Consolidated Revenue Fund;
then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to the corruption offence, an order made under that paragraph on or after the body's sale day may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.

Interpretation
 (6) Unless the contrary intention appears, an expression used in this section that is also used in the Crimes (Superannuation Benefits) Act 1989 has the same meaning in this section as it has in that Act.

Division 3—The Superannuation Benefits (Supervisory Mechanisms) Act 1990