Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p1
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Superannuation

No. 46 of 1971

An Act relating to Superannuation.

[Assented to 25 May 1971]

BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.
1.—(1.) This Act may be cited as the Superannuation Act 1971.
(2.) The Superannuation Act 1922–1969 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Superannuation Act 1922–1971.

Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.

Parts.
3. Section 3 of the Principal Act is amended—
(a) by omitting the words—
      "Division 5.—Existing Pension Rights (Sections 67–73)."
    and inserting in their stead the words—
      "Division 5.—Existing Pension Rights (Sections 66–73).";
(b) by omitting the words—
               "Part VIII.—Special Provisions in Relation to Certain Former Contributors to Public Service Superannuation Funds (Sections 108–109)."
    and inserting in their stead the words—
               "Part VIII.—Special Provisions in Relation to Certain Former Contributors to Public Service Superannuation Funds (Sections 108–110c)."; and
(c) by inserting after the words—
               "Part X.—Special Provisions in Relation to Certain Members of the Police Force of the Australian Capital Territory (Sections 116–119)."
    the words—
               "Part Xa.—Preservation of Rights of Certain Contributors and Former Contributors.
                 Division 1.—Preliminary (Sections 119a–119b).
                 Division 2.—Employees Who Have Preserved Rights from Previous Employment (Sections 119c–119m).
                 Division 3.—Preservation of Rights of Persons Ceasing to be Contributors (Sections 119n–119zb).
                 Division 4.—Miscellaneous (Sections 119zc–119ze).".

Interpretation.
4. Section 4 of the Principal Act is amended by omitting sub-section (6.) and inserting in its stead the following sub-sections:—
"(5a.) Where—
     (a) a person employed by the Commonwealth under the Australian Security Intelligence Organization Act 1956 otherwise than in a permanent capacity is by the terms of his employment required to give the whole of his time to the duties of his employment;
     (b) that person has been so employed for a continuous period of not less than three years; and
     (c) the Director-General of Security certifies that that person's employment is likely to be continued for a period of at least seven years,
the Director-General of Security may direct that that person be deemed to be an employee within the meaning of this section, and that person shall be deemed to be such an employee as from the date of the direction.

"(5b.) Where—
     (a) a person referred to in paragraph (a) of sub-section (5.) or paragraph (a) of sub-section (5a.) of this section was, during any period prior to the commencement of his employment by the Commonwealth, employed in employment within or outside Australia upon the termination of which—
           (i) a transfer value within the