Document ID: chunk:federal_register_of_legislation:C2005C00431:section:9:p1
Version: federal_register_of_legislation:C2005C00431
Segment Type: section
Provision Reference: s 9 (pt 1/4)
Character Range: 22310–24950

9  Consequential amendments and transitional provisions

 (1) Part XA of the Superannuation Act 1976 is repealed.

 (2) Where, immediately before the repeal of Part XA of the Superannuation Act 1976 there was in force:
 (a) a declaration by the Minister, by notice published in the Gazette under subsection 153AA(1) of that Act:
 (ii) that a particular company, body or authority is a relevant body;
  for the purposes of that Part—that declaration continues in force, after the repeal, as if it were a declaration to the same effect under subsection 3(1) of this Act; and
 (b) a declaration by the Minister, by notice published in the Gazette under subsection 153AA(4) of that Act, that a person holding or occupying a particular office is to be taken to be the employer of specified persons for the purposes of that Part—that declaration continues in force, after the repeal, as if it were a declaration to the same effect under subsection 3(5) of this Act.

 (5) Where an act is void because of the operation of subsection 153AD(1) or (2) of the Superannuation Act 1976, this Act has effect, after the repeal of Part XA of that Act, as if the act were void because of the operation of subsection 7(1) of this Act, as the case requires.

 (7) Where:
 (a) the Minister has declared, under subsection 153AD(3) of the Superannuation Act 1976, that that subsection does not apply; and
 (b) the declaration is in force immediately before the repeal of Part XA of that Act;
the declaration continues in force, after the repeal, as if it were a declaration under subsection 7(3) of this Act to the effect that that subsection does not apply.

 (8) Where:
 (a) the Minister had directed under paragraph 153AD(3)(b) of the Superannuation Act 1976 that the person who made a payment recover the money paid; and
 (b) the direction is in force immediately before the repeal of Part XA of that Act but proceedings have not been instituted to recover the money;
the direction continues in force, after the repeal, as if it were a direction duly given under paragraph 7(3)(b) of this Act.

 (9) Where any proceedings had been instituted under subsection 153AD(3) of the Superannuation Act 1976 before the repeal of Part XA of that Act, but those proceedings had not been completed before that repeal, those proceedings may be continued, after the repeal, as if Part XA of that Act had not been repealed.

 (10) Where:
 (a) the Minister makes a determination under subsection 153AD(4) or (5) of the Superannuation Act 1976 in relation to a superannuation scheme within the meaning of that Act or an amendment of such a scheme; and
 (b) that determination