Document ID: chunk:federal_register_of_legislation:C2004A03723:body:0:p5
Version: federal_register_of_legislation:C2004A03723
Segment Type: other
Provision Reference: 
Character Range: 9969–12775

referred to in respect of all other aspects of their provision.
"(3) The Minister may determine, in writing, guidelines for the provision of superannuation benefits for or in relation to persons employed under a particular applicable law or by a particular eligible body, and, where the Minister so determines, the Minister shall, as soon as practicable thereafter, serve, either personally or by post, a copy of the guidelines on the employer of the persons.
"(4) Where any aspect of the provision of superannuation benefits:
     (a) under an applicable law or under terms and conditions of employment determined under an applicable law; or
     (b) by an eligible body;

would, if it were implemented, be inconsistent with the guidelines determined by the Minister under this section in relation to their provision, the Minister may, upon being requested in writing to do so, approve that aspect.
"(5) The Minister shall not:
     (a) under subsection (3), determine guidelines for the provision of superannuation benefits; or
     (b) under subsection (4), approve any aspect of the provision of superannuation benefits that is inconsistent with guidelines determined by the Minister;
if the Minister's determination of those guidelines or approval of that aspect would be inconsistent with any regulations made under the Occupational Superannuation Standards Act 1987.
"(6) The Minister may, at any time before a copy of the guidelines is served on the employer of persons in accordance with the requirements of subsection (3), communicate a copy of the guidelines to the employer by any electronic means whatsoever.
"(7) Guidelines determined by the Minister under subsection (3):
     (a) shall come into force:
         (i) where a copy of the guidelines is communicated to an employer of persons under subsection (6)—on the day on which they are so communicated or, if the guidelines are expressed to come into force on a later day, on that later day; or
         (ii) where a copy of the guidelines is not so communicated to an employer of the persons—on the day on which a copy of the guidelines is served on the employer or, if the guidelines are expressed to come into force on a later day, on that later day; and
     (b) shall be disallowable instruments within the meaning of section 46a of the Acts Interpretation Act 1901.
"(8) Guidelines determined for the provision of superannuation benefits for or in relation to persons employed under a particular applicable law, or by a particular eligible body, may relate to any matter connected with their provision or with the administration of a superannuation scheme for their provision, and, in particular, may provide that only a specified class of those persons are to be permitted to contribute to, and to be provided with benefits under,