Document ID: chunk:federal_register_of_legislation:F2004C00089:body:0:p1
Version: federal_register_of_legislation:F2004C00089
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Superannuation (Leave of Absence Without Pay) Regulations

Statutory Rules 1988 No. 246 as amended

made under the

Superannuation Act 1976

This compilation was prepared on 6 November 2000
taking into account amendments up to SR 1993 No. 345

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Contents
Page

 1 Citation [see Note 1]
 2 Interpretation
 3 Exception under subsection 51 (5) of the Act
 4 Application of the Act and the provisions of the Act

Schedule Modification of the Act in its application to certain persons to whom section 51 of the Act applies

Notes

1 Citation [see Note 1]

  These Regulations may be cited as the Superannuation (Leave of Absence Without Pay) Regulations.

2 Interpretation

  In these Regulations, unless the contrary intention appears:
the Act means the Superannuation Act 1976.

3 Exception under subsection 51 (5) of the Act

  An eligible employee referred to in subsection 51 (5) of the Act:
 (a) whose period of leave of absence without pay terminates before or on the expiration of the period of 12 weeks; and
 (b) who, upon the termination of the period of leave, continues to be an eligible employee;
  shall not be deemed to have been on leave of absence without pay for a period exceeding 12 weeks.

4 Application of the Act and the provisions of the Act

  The Act and the provisions of the Act specified in the Schedule apply to and in relation to a person to whom section 51 of the Act applies subject to the modifications specified in the Schedule.
Schedule Modification of the Act in its application to certain persons to whom section 51 of the Act applies
(regulation 4)

Modifications

Part

IX After Division 2 of Part IX, the following Division is inserted:

             'Division 2A Persons to whom section 51 applies with Preserved Rights from Employment during Period of Leave

 130AA In this Division, unless the contrary intention appears, leave means leave of absence without pay in respect of which section 51 applies to a person means leave of absence without pay in respect of which section 51 applies to a person.

         130AC (1) Where:
 (a) a person to whom section 51 applies, and who is a person referred to in regulation 5, 9 or 11 of the Superannuation (Transfer Arrangements) Regulations, has, at any time during a period of leave, been in employment, within or outside Australia, on the termination of which a transfer value or transfer values (within the meaning of section 127) became payable to or in respect of the person under a superannuation scheme applicable in relation to that employment;
 (b) upon the termination of the period of leave, the person again becomes required to make