Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p21
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 51649–54533

is satisfied that the person is about to leave Australia permanently.

"(3) If the ISC has determined that the part of the person's deferred benefits that consists of an amount equal to the person's accumulated employer contributions, or a portion of that part, may be paid to the person because the person is suffering severe financial hardship, the part or the portion of the part, as the case may be, may be paid to the person.".

130. Subsection 140(1):

Omit "Subject to paragraph 139(6)(b), where", substitute "If".

131. Subsection 141(1):

Omit.

132. Paragraph 141(2)(a):

Omit "at the expiration of the period that is the prescribed period in relation to him", substitute "at the end of 3 months after so ceasing".

133. Subsections 143(1) and (3):

Omit "139(2)(a)", substitute "138(2)(a)".

134. Subsection 145(4):

Omit "has remained", substitute "had remained".

135. Subsection 145(7):

Omit "the period that is the prescribed period in relation to him for the purposes of Division 3", substitute "3 months".

136. Paragraph 145(7)(c):

Omit "138", substitute "139".

SCHEDULE 2—continued

137. Subparagraph 145(8)(a)(ii):

Omit "personal representatives or to such person or persons (if any) as the Board determines", substitute "legal personal representative or, if no legal personal representative can be found, to any individual or individuals that the Board determines".

138. Paragraph 145(8)(b):

Omit "personal representatives or to such person or persons (if any) as the Board determines", substitute "legal personal representative or, if no legal personal representative can be found, to any individual or individuals that the Board determines".

139. Section 146:

Omit "138", substitute "139".

140. After section 154:

Insert:

Board may rely on information supplied by employers or former employers

"154AA.(1) For the purposes of the application of this Act to or in respect of a person who is or was an eligible employee, the Board may, but is not required to, presume that any information provided to the Board by an employer or former employer of the person is correct.

"(2) If a tribunal, authority or person is empowered to review a decision of the Board and vary, or make a decision in substitution for, the Board's decision, the tribunal, authority or person is not bound by any presumption made by the Board under subsection (1).".

141. After section 154A:

Insert:

Calculation of increase in annual rate of salary by reference to estimated increase in full-time adult average weekly ordinary time earnings

"154B.(1) In this section:

'AWOTE' means full-time adult average weekly ordinary time earnings for all persons in Australia.

SCHEDULE 2—continued

"(2) If:

    (a) it is necessary for the purposes of a provision (the 'relevant provision') of this Act or of the regulations to determine the annual rate of salary as at a particular