Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p1
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 1/48)
Character Range: 33061–35780

52  Regulations
 (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that:
 (a) are required or permitted to be prescribed by this Act; or
 (b) are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
 (2) Regulations may not be made after the commencement of this subsection unless:
 (a) CSC has consented to the making of the regulations; or
 (b) the regulations:
 (i) relate to a payment of an employer contribution that will, after the making of the regulations, be required or permitted to be made under this Act; or
 (ii) relate solely to the termination of the Scheme; or
 (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.
 (3) For the purposes of subparagraph (2)(b)(i), a payment under the Trust Deed is taken to be a payment of an employer contribution.

Schedule—Form of Trust Deed

Section 4

THIS DEED is made on       1991

BY THE COMMONWEALTH OF AUSTRALIA (in this Deed called "the Commonwealth")

WHEREAS section 4 of the Military Superannuation and Benefits Act 1991 (in this Deed called "the Act") provides that the Minister, for and on behalf of the Commonwealth, must, within 30 days after the commencement of the Act, by Deed establish an occupational superannuation scheme in order to provide benefits for members of the Defence Force.

NOW THIS DEED WITNESSES as follows:

Interpretation

1. (1) In this Deed, where the context requires or admits, a reference to the Deed shall include a reference to the Rules, as set out in the Schedule (in this Deed called "the Rules"), and the Rules shall form part of the Deed. In the case of an inconsistency between the provisions of the Deed and the Rules, the provisions of the Deed shall prevail.

(2) In this Deed, where the context requires or admits, words and expressions defined in the Act or the Rules have the same meanings when used in the Deed. The headings in this Deed and in the Rules are for the convenience of reference only and shall not affect their interpretation.

(3) In this Deed "Minister" means:
     (a) the Commonwealth Minister of State for Defence;
     (b) if 2 or more Commonwealth Ministers administer Departments which have functions in relation to the administration of matters to which the Deed relates, the Minister who administers the Department which has the function in relation to each of those matters; or
     (c) a member of the Executive Council acting for the time being for and on behalf of any of those Ministers.

Establishment of the Superannuation Scheme and the Fund

2. (1) There is hereby established