Document ID: chunk:federal_register_of_legislation:C2004A04762:body:0:p8
Version: federal_register_of_legislation:C2004A04762
Segment Type: other
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of the definition of "LWOP employee";
  (b) by inserting after paragraph (a) of the definition of "LWOP employee"
the following paragraph:
  (aa)  is on leave of absence for a period that:
    (i) is more than 12 weeks; and
    (ii) is an excluded period of leave of absence for the purposes of
subsection 51(1); or";
  (c) by adding at the end of the definition of "productivity employee" (but
not as part of paragraph (b) of that definition) "but does not include an
eligible employee whom the Minister and the Board have agreed to exempt from
the operation of subsection 51(2B);".

SUPERANNUATION LEGISLATION AMENDMENT ACT 1994 No. 86, 1994 - SECT 10
Public employment

SECT
  10.(1) Section 133 of the Principal Act is amended:
  (a) by omitting subsections (1), (1AA), (1A), (1B) and (1C) and substituting
the following subsections:
  (1) The Minister and the Board may agree that employment, whether within or
outside Australia, by a person, or by persons included in a class of persons,
is public employment for the purposes of this Division.
  (1A) The Minister and the Board may at any time vary or terminate an
agreement made under subsection (1).";
  (b) by omitting from paragraph (1D)(a) "declared" and substituting
"agreed";
  (c) by omitting from subsection (1D) "Board may, by instrument published in
the Gazette, declare" and substituting "Minister and the Board may agree";
  (d) by omitting subsections (2), (2A) and (3) and substituting the following
subsections:
  (2) An agreement made under this section may be expressed to have taken
effect on a day earlier than the day on which the agreement is made but not
earlier than 1 July 1976.
  (2A) An agreement made under this section or a variation of such an
agreement:
  (a) may be expressed to apply only in relation to employment of a person
included in a class of persons referred to in the agreement; and
  (b) may be expressed to apply only until a time stated in the agreement.
  (2B) The Board must cause notice of the making of an agreement under this
section, or of the variation or termination of such an agreement, to be
published in the Gazette.
  (3) A person is taken, for the purposes of this Division, to have been
employed in public employment at a particular time before 1 July 1994 if, and
(except as otherwise provided by an Act other than this Act) only if:
  (a) the employer by whom the person was employed at that time was a person,
or was included in a class of persons, referred to in a declaration by the
Board under subsection 133(1) of the Superannuation Act 1976 as in force at
that time and, if the declaration was expressed to