Document ID: chunk:federal_register_of_legislation:F1996B04177:body:0:p1
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Statutory Rules 1994   No. 4471
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Superannuation (Former Eligible Employees) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976.

Dated 20 December 1994.

 BILL HAYDEN
 Governor-General
By His Excellency's Command,

KIM C. BEAZLEY
Minister for Finance

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1.   Amendment
1.1   The Superannuation (Former Eligible Employees) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 15A (Application of Act to eligible employees affected by privatisation of the Repatriation General Hospital, Hollywood)
2.1   Omit the regulation, substitute:

Application of Act to eligible employees affected by transfer of certain Commonwealth facilities

 "15A. (1) In this regulation:
'facility' includes an organisation, business, service, asset, or function;
'nominated facility' means a facility nominated by the Minister under subregulation (2);
'purchaser', in relation to a nominated facility, means:
         (a) the purchaser or transferee from the Commonwealth of the facility; and
         (b) any successor to that purchaser or transferee as owner or operator of the facility;
'regulation 15A employee' means a person to whom this regulation applies in accordance with subregulation (3);
'transfer day', in relation to a nominated facility, means the day on which the sale or transfer of the nominated facility by the Commonwealth has effect.

 "(2) If a facility of the Commonwealth is to be sold, privatised or transferred to the control of a State or Territory, the Minister may, in writing, with the agreement of the Board, nominate the facility as an facility to which this regulation applies.

 "(3) This regulation applies to a person if:
         (a) immediately before the transfer day, the person was an eligible employee performing duties at the nominated facility; and
         (b) section 126A of the Act applies to the person because the person:
 (i) has ceased, or will cease, to be an eligible employee in circumstances connected with the sale or transfer of the nominated facility; and
 (ii) became or will become a member of a superannuation scheme (other than the superannuation scheme constituted by the Act) provided by, or on behalf of, the purchaser to its employees; and
         (c) section 155B of the Act applies to the person; and
         (d) not later than 21 days after ceasing to be an eligible employee, the person either:
 (i) made an election under section 137 of the Act that Division 3 of Part IX of the Act apply to the person; or
 (ii) made an election for the purposes of this subregulation, by notice in writing to the Commissioner, that Division 3A of Part IX of the Act (as modified in accordance with Schedule 11 to