Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p22
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 53552–56185

Act 1990:

    (a) applies in relation to a relevant person employed under this Part only if the application of that Act is expressly provided for in the agreement for the employment of the person; and

    (b) applies in relation to such a person only as provided by subsection (3D).".

Merit Protection (Australian Government Employees) Act 1984

Section 76:

Repeal the section, substitute:

Removal taken to be retirement on ground of invalidity

"76.(1) If a member is removed from office under section 75 of this Act following his or her suspension from office on the ground of physical or mental incapacity, then, for the purposes of the Superannuation Act 1976, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act.

"(2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member.

"(3) If a member is removed from office under section 75 of this Act following his or her suspension from office on the ground of physical or mental incapacity, then, for the purposes of the Superannuation Act 1990, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act.

"(4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member.

SCHEDULE—continued

Retirement on ground of invalidity under the Superannuation Acts

"76A.(1) In spite of anything contained in sections 74 and 75, a member 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.

"(2) In spite of anything contained in sections 74 and 75, a member 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.".

National Crime Authority Act 1984

Section 43:

Add at the end:

"(4) In spite of anything contained in this section, a member 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