Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p29
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 72010–74949

of the person is correct.

"(2) If a tribunal, authority or person is empowered to review a decision of the Board and vary, or make a decision in substitution for, the Board's decision, the tribunal, authority or person is not bound by any presumption made by the Board under subsection (1).".

16. Subsection 38(1):

Omit "Division 2 of Part 12 of".

17. Subsection 43(3):

Omit, substitute:

"(3) Any money becoming payable by the Board in respect of an action, liability, claim or demand is to be paid out of the PSS Fund.

SCHEDULE 4—continued

"(4) If an amount is paid out of the PSS Fund under subsection (3), an equivalent amount is to be paid to the PSS Fund out of the Consolidated Revenue Fund, which is appropriated accordingly.".

____________

 SCHEDULE 5  Subsection 3(4)

FURTHER AMENDMENTS OF THE SUPERANNUATION ACT 1990

PART 1—AMENDMENTS CONSEQUENTIAL ON THE CHANGE OF THE NAME OF THE SUPERANNUATION SCHEME ESTABLISHED BY THE TRUST DEED

1. Heading to Part 3:

Before 'SUPERANNUATION SCHEME" insert "PUBLIC SECTOR".

2. Heading to Part 6:

Omit "COMMONWEALTH SUPERANNUATION BOARD OF TRUSTEES No. 1", substitute "PSS BOARD".

3. Section 3 (definitions of "approved authority" and "Rules"), paragraph 4(1)(b), subsections 5(2) and 6(1) and (2), subparagraph 6(2)(ba)(v), subsection 6(3), paragraphs 6A(1)(a) and (2)(b), subsections 6A(3), 7(1), (2) and (3), 8(1), (4) and (5) and 13(1), subsection 28(7) (subparagraph (a)(i) and paragraph (b) of the definition of "relevant organisation"), subsection 33C(2), subparagraph 33D(a)(ii), subsections 33G(2) and 34(2) and section 36:

Before "Superannuation Scheme" (wherever occurring) insert "Public Sector".

    Note: The headings to sections 4, 6, 14, 15, 16 and 36 are altered by inserting "Public Sector" before "Superannuation Scheme"

PART 2—AMENDMENTS CONSEQUENTIAL ON THE CHANGE OF THE NAME OF THE FUND ESTABLISHED BY THE TRUST DEED

4. Subparagraph 5(1A)(b)(ii), paragraphs 5(2)(c) and 16(1)(a) and (4)(a), subsections 16(5) and (6), section 17, subsections 26(1) and (2), paragraphs 28(1)(b), (2)(b) and (2)(c), subsection 28(4), paragraphs 33D(a) and (b), subsections 33(1) and (2) and 34(1), paragraph 34(IA)(b) and subparagraphs 46(1)(b)(ii) and 48(2)(b)(ii):

Before "Fund" (wherever occurring) insert "PSS".

5. Section 33B (definitions of "investment assets of the Fund" and "investment liabilities of the Fund"):

Omit, substitute:

" 'investment assets of the PSS Fund' means the assets of the PSS Fund or of the Board arising out of, or otherwise connected with, the exercise or proposed exercise by the Board of its power to invest money of the PSS Fund;

SCHEDULE 5—continued

'investment liabilities of the PSS Fund' means liabilities of the PSS Fund or of the Board arising out of, or otherwise connected with, the exercise or proposed exercise by the Board of its power to invest money of the PSS Fund;".

____________

 SCHEDULE 6  Subsection