Document ID: chunk:federal_register_of_legislation:F2024C01248:reg:6:p8
Version: federal_register_of_legislation:F2024C01248
Segment Type: reg
Provision Reference: reg 6 (pt 8/21)
Character Range: 144531–147242

an exempt public sector superannuation scheme (within the meaning of the SIS Act); and
 (iv) if the income stream is provided by a defined benefit fund (within the meaning of regulation 1.03 of the SIS Regulations) that is not a public sector superannuation scheme—the fund or scheme has more than 6 members, or had more than 6 members at any time on or before the day the income stream commenced; and
 (v) the income stream is not invalidity pay within the meaning of the Defence Force Retirement and Death Benefits Act 1973; and
 (vi) the income stream is not an invalidity pension under the superannuation scheme established under the Military Superannuation and Benefits Act 1991; or
 (c) a deferred superannuation income stream that is taken to be:
 (i) an annuity for the purposes of the SIS Act in accordance with subregulation 1.05(1) of the SIS Regulations because the contract for the provision of the income stream meets the standards of subregulation 1.06A(2) of the SIS Regulations; or
 (ii) a pension for the purposes of the SIS Act in accordance with subregulation 1.06(1) of the SIS Regulations because the rules for the provision of the income stream meet the standards of subregulation 1.06A(2) of the SIS Regulations; or
 (d) for the purposes of sections 295‑385, 295‑390, 295‑395, 320‑246 and 320‑247 of the Act—one or more rights (whether contingent or not), to the extent that they are covered by subsection (3).
 (1A) Paragraphs (1)(a) and (ba) do not apply to any of the following:
 (a) a pension payable under subsection 39(1) of the Defence Force Retirement and Death Benefits Act 1973 if:
 (i) that pension is payable because invalidity pay (within the meaning of that Act) was payable to the deceased member mentioned in that subsection; and
 (ii) that invalidity pay commenced on or after 20 September 2007;
 (b) a pension payable under subsection 42(1) of the Defence Force Retirement and Death Benefits Act 1973 if:
 (i) that pension is payable because invalidity pay (within the meaning of that Act) was payable to a member (as mentioned in subsection 42(3)); and
 (ii) that invalidity pay commenced on or after 20 September 2007;
 (c) a pension payable under subsection 43(1) of that Act if:
 (i) that pension is payable because invalidity pay (within the meaning of that Act) was payable to a member (as mentioned in subsection 43(3)); and
 (ii) that invalidity pay commenced on or after 20 September 2007;
 (d) a pension payable under subrule 42(1) or (3) of the Rules (within the meaning of the Military Superannuation and Benefits Act 1991) if:
 (i) the deceased retirement pensioner's pension mentioned in that subrule was an invalidity pension (within the meaning of those