Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p8
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 8/38)
Character Range: 37869–40621

for the purposes of the definition of "approved medical practitioner" in subsection 16 (1) of the Principal Act has effect as if it were an approval under the definition of "approved medical practitioner" in subsection 3 (1) of the Principal Act as amended by this Act.

9. After section 4 of the Principal Act the following sections are inserted:

Definition of "approved authority"—declaration for purposes of paragraph (a)

"4a. (1) Subject to subsection (2), a declaration for the purposes of paragraph (a) of the definition of 'approved authority' in subsection 3 (1) is a disallowable instrument for the purposes of section 46a of the Acts Interpretation Act 1901.

"(2) A declaration referred to in subsection (1) is a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903.

"(3) A declaration referred to in subsection (1) may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the declaration.

Meaning of "re-employed former contributor with preserved rights"

"4b. For the purposes of this Act, a person is a re-employed former contributor with preserved rights if:

(a) the person:

     (i) ceased, or last ceased, to be a contributor under the superseded Act before 1 July 1976; or

     (ii) ceased, or last ceased, to be an eligible employee before 1 July 1990; and

    (b) after his or her so ceasing or last ceasing to be such a contributor or an eligible employee (as the case may be), a transfer value in respect of the person was paid to the person administering a superannuation scheme (other than the scheme established under the superseded Act or the scheme established under this Act); and

(c) on or after 1 July 1990, the person becomes:

(i) a permanent employee; or

(ii) a temporary employee; or

(iii) the holder of a statutory office (including the office of Commissioner); or

(iv) a person to whom section 14a applies;

   and a transfer value that includes the transfer value referred to in paragraph (b) is payable, or will, on the person's becoming an eligible employee, be payable, to or in respect of the person under:

(v) the superannuation scheme referred to in paragraph (b); or

       (vi) another superannuation scheme applicable in relation to any employment in which the person was employed after ceasing, or last ceasing, to be a contributor under the superseded Act or an eligible employee (as the case may be).".

Retirement on ground of invalidity

10. Section 7 of the Principal Act is amended:

(a) by omitting from subsection (2) "Commissioner" (wherever occurring) and substituting "Board";

(b) by inserting in subsection (2) "invalidity because of' after "on the ground of' (last occurring).

Accumulated basic and