Document ID: chunk:federal_register_of_legislation:C2004A03723:body:0:p7
Version: federal_register_of_legislation:C2004A03723
Segment Type: other
Provision Reference: 
Character Range: 14984–17710

or amendment so that its effect will be substantially similar to the effect it would have had if it had made provision for superannuation benefits in accordance with the requirements of this Part; or
         (ii) if it cannot be so modified—will most effectively restrict the operation of the scheme or amendment.
"(5) Where, by virtue of the operation of subsection 153ab (4), (5) or (6), a superannuation scheme, or an amendment of a superannuation scheme, is of no force or effect in its application in respect of particular persons, the Minister may, after having regard to the consequences to persons receiving, or likely to receive, benefits under the scheme, by determination in writing:
     (a) declare the scheme or amendment, in its application to those persons, and all or any actions associated with its application in respect of those persons, to have the same force and effect as if it had made

      provision for superannuation benefits in respect of those persons in accordance with the requirements of this Part; or
     (b) declare the scheme or amendment, in its application in respect of those persons, and all or any actions associated with its application in respect of those persons, to have the force and effect referred to in paragraph (a) if the employer concerned, within a period specified in the determination, takes, to the satisfaction of the Minister, such action in relation to the scheme or amendment as is specified in the determination, being action that, in the opinion of the Minister:
         (i) will most effectively modify the operation of the scheme or amendment so that the effect of its application in respect of those persons will be substantially similar to the effect its application would have had if it had made provision for superannuation benefits in respect of those persons in accordance with the requirements of this Part; or
         (ii) if it cannot be so modified—will most effectively restrict the operation of the scheme or amendment in its application of those persons.
"(6) Where the Minister makes a determination under subsection (4) or (5), he or she:
     (a) shall cause a copy of the determination to be given to the employer concerned; and
     (b) shall cause a copy of the determination to be laid before each House of the Parliament within 5 sitting days of that House after its making.
"(7) Either House of the Parliament, within 5 sitting days of that House after a copy of a determination has been laid before that House may, in pursuance of a motion upon notice, pass a resolution disallowing the determination.
"(8) Where:
     (a) a notice referred to in subsection (7) is given with respect to a determination; and
     (b) at the expiration