Document ID: chunk:federal_register_of_legislation:F2011C00466:front:0:p7
Version: federal_register_of_legislation:F2011C00466
Segment Type: other
Provision Reference: 
Character Range: 15258–17906

(4) If a person makes a request for the purposes of this regulation within one month before the person ceases to an eligible employee, the regulation is taken to begin to apply to the person on the day after he or she ceases to be an eligible employee.

15A Application of Act to eligible employees affected by transfer of certain Commonwealth facilities

 (1) In this regulation:
facility includes an organisation, business, service, asset, or function.
nominated facility means a facility nominated by the Minister under subregulation (2).
purchaser, in relation to a nominated facility, means:
 (a) the purchaser or transferee from the Commonwealth of the facility; and
 (b) any successor to that purchaser or transferee as owner or operator of the facility.
regulation 15A employee means a person to whom this regulation applies in accordance with subregulation (3).
transfer day, in relation to a nominated facility, means the day on which the sale or transfer of the nominated facility by the Commonwealth has effect.

 (2) If a facility of the Commonwealth is to be sold, privatised or transferred to the control of a State or Territory, the Minister may, in writing, with the agreement of CSC, nominate the facility as a facility to which this regulation applies.

 (3) This regulation applies to a person if:
 (a) immediately before the transfer day, the person was an eligible employee performing duties at a nominated facility; and
 (b) section 126A of the Act applies to the person because the person:
 (i) has ceased, or will cease, to be an eligible employee in circumstances connected with the sale or transfer of the nominated facility; and
 (ii) became or will become a member of a superannuation scheme (other than the superannuation scheme constituted by the Act) provided by, or on behalf of, the purchaser to its employees; and
 (c) section 155B of the Act applies to the person; and
 (d) not later than 21 days after ceasing to be an eligible employee, the person either:
 (i) made an election under section 137 of the Act that Division 3 of Part IX of the Act apply to the person; or
 (ii) made an election for the purposes of this subregulation, by notice in writing to CSC, that Division 3A of Part IX of the Act (as modified in accordance with Schedule 11 to these Regulations) apply to the person.

 (4) The Act is modified in accordance with Schedule 11 in relation to each person who is a regulation 15A employee who made an election mentioned in subparagraph (3) (d) (ii).

 (5) The Act is modified in accordance with Schedule 11A in relation to each person who is a regulation 15A employee who:
 (a) is retrenched by