Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p15
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 36116–39073

pension or to the increase, as the case may be.

"(2) If a person was entitled to a partial invalidity pension immediately before the commencement of this section, subsection (1) does not apply to the pension as payable immediately before that day and applies to an increase in the rate of the pension on or after that day only to the extent to which the increase results from a decrease in the annual rate of salary of the person occurring on or after that day.".

88. Subsection 99(1):

Omit "his discretion", substitute "its discretion".

89. Section 110A (definitions of "Department", "designated employer", "LWOP employee" and "preservation fund"):

Omit.

90. Subsection 110H(2):

Omit, substitute:

"(2) A productivity contribution in respect of a productivity employee is not payable in respect of a fortnight unless:

    (a) a basic contribution is payable by the employee for the fortnight; or

    (b) if paragraph (a) does not apply—the productivity contribution is required to be paid in respect of the employee by an agreement certified, or an award made, by an industrial authority.

"(2A) If a basic contribution is payable by a productivity employee for a fortnight, the productivity contribution in respect of the employee for the fortnight is payable on the contribution day on which the basic contribution is payable.".

91. Paragraph 110Q(1)(e):

Before "Board" insert "Commissioner or the".

92. Subsection 110Q(1A):

Before "Board" (first occurring) insert "Commissioner or the".

SCHEDULE 2—continued

93. Subparagraph 110R(4A)(d)(i):

Omit "by preserved", substitute "be preserved".

94. Subsection 110R(7):

Omit, substitute:

"(7) Where paragraph (4)(d) or (4A)(d) applies:

    (a) if the Board is satisfied that the person intends to leave Australia permanently—the benefit may be paid to the person; or

    (b) if the ISC has determined under the SIS Act that the whole or a part of the benefit may be paid to the person because the person is suffering severe financial hardship—the benefit, or that part of the benefit, as the case may be, may be paid to the person.".

95. Subsection 110S(2):

Omit "personal representatives or to such person or persons (if any) as the Board determines", substitute "legal personal representative or, if no legal personal representative can be found, to any individual or individuals that the Board determines".

96. Subsection 110SE(4) (definition of "GBPROD"):

Before "Board" insert "Commissioner or the".

97. Paragraph 110SJ(b):

Omit "personal representative of the person or such other person or persons (if any) as the Board directs", substitute "person's legal personal representative or, if no legal personal representative can be found, to any individual or individuals that the Board determines".

98. Paragraphs 110TC(2)(c) and (d):

Omit, substitute:

"(c) account were taken of any generally-applying increase (including an increase resulting from the process of work-place