Document ID: chunk:federal_register_of_legislation:C2022C00264:section:3:p13
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 3 (pt 13/15)
Character Range: 43153–45723

or in respect of, whom contributions were accepted on or after the specified day.
 (1BB) A declaration that is expressed, in accordance with subsection (1A), (1B) or (1BA), to have taken effect from and including a day earlier than the day on which the declaration was signed, is taken to have had effect accordingly.
 (1BC) To remove any doubt, a declaration made for the purposes of paragraph (ec) of the definition of eligible employee in subsection (1) may be expressed, to the extent permitted under subsection (1A) or (1B), to have taken effect from and including a day (the effective day) earlier than the day on which that paragraph commenced. If a declaration is so expressed, it is taken to have had, before the day on which that paragraph commenced, the effect that the declaration would have had if that paragraph had been in force from and including the effective day.
 (1BD) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration made for the purposes of paragraph (ec) or (j) of the definition of eligible employee in subsection (1) of this section.
 (1C) For the purposes of this Act, to remove any doubt:
 (a) a payment of a pension or benefit is taken to be permitted under the SIS Act if:
 (i) the payment is permitted by that Act as modified under section 332 of that Act; or
 (ii) the payment is authorised by an exemption granted by the Commissioner under that Act; and
 (b) a benefit is taken to be dealt with in accordance with the SIS Act if:
 (i) it is dealt with in accordance with that Act as modified under section 332 of that Act; or
 (ii) it is dealt with in accordance with an exemption granted by the Commissioner under that Act.
 (2A) If an authority or body referred to in paragraph (b) of the definition of approved authority in subsection (1) becomes a body:
 (a) not operating for a public purpose under an Act, regulations made under an Act or a law of a Territory; and
 (b) in which none of the following has a controlling interest, namely:
 (i) the Commonwealth;
 (ii) an authority or other body mentioned in paragraph (a) of that definition;
 (iii) the Commonwealth together with one or more such authorities or bodies;
 (iv) such an authority or body together with one or more other such authorities or bodies;
the Minister, for the purposes of paragraph (b), may, by legislative instrument, declare that the body is not an approved authority for the purposes of this Act.
 (3) If a person ceases to be an eligible