Document ID: chunk:federal_register_of_legislation:F2011C00466:reg:141:p3
Version: federal_register_of_legislation:F2011C00466
Segment Type: reg
Provision Reference: reg 141 (pt 3/15)
Character Range: 32351–35291

person or body administering an approved superannuation scheme is to be paid:
 (a) in such instalments; and
 (b) at such times;
as the Minister determines, having regard to:
 (c) any relevant actuarial advice obtained by the Minister; and
 (d) any other matters that the Minister considers relevant.

 "(5) Payments under subsection (1) or (2) are payable out of moneys lawfully available for that purpose.

 "(6) A determination of the Minister for the purposes of subsection (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 "(7) For the purposes of paragraph (3) (a), regulation 5 of the Superannuation (Interest) Regulations applies in relation to the ascertaining of the accumulated basic contributions of a person referred to in section 132 as if the reference in that regulation to the termination day in relation to the person were a reference to the person's last day of service.

"135 Exemption from tax etc

  No tax or charge is payable under any law of the Commonwealth (other than the Income Tax Assessment Act 1936) or any law of a State or of a Territory in respect of a transfer of assets or liabilities under section 133.".

Schedule 5A Modifications — employees of, and holders of statutory office in, Australian Postal Corporation
(regulation 8)

1 Section 237 (Interpretation)

1.1 Subsection 237 (1) (definition of approved superannuation scheme):

 Omit the definition.

2 Section 238 (Loss of entitlement to benefits — eligible employee transferring to an approved superannuation scheme)

2.1 Omit the section.

3 Section 239 (Approval of superannuation schemes)

3.1 Omit the section.

4 Section 240 (Transfer of assets etc to approved superannuation schemes)

4.1 Omit the section.

5 Section 241 (Payments from Consolidated Revenue Fund)

5.1 Subsection 241 (1):

  Omit "an approved superannuation scheme", substitute "the Australia Post Superannuation Scheme".

5.2 Paragraph 241 (1) (a):

  Omit the paragraph, substitute:
 "(a) the amount of payments made under section 159 by the Australian Postal Corporation in respect of persons who:
 (i) have become members of the Australia Post Superannuation Scheme; and
 (ii) were, immediately before becoming members of the scheme, eligible employees who were employed by that Corporation or members of the staff of that Corporation; and".

5.3 Paragraphs 241 (1) (b) and (c):

  Omit the paragraphs.

Schedule 6 Modification — employees of Northern Territory University
(regulation 10)

Paragraph 138 (1) (b):

  Substitute the following paragraph:
 "(b) is, or within the period that is the prescribed period in relation to him or her becomes:
 (i) employed in public employment; and
 (ii) a member of an eligible superannuation scheme that is applicable in relation to persons employed in that employment;".

Schedule 7 Modifications — employees of Australian Defence Industries Ltd
(regulation