Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p29
Version: federal_register_of_legislation:C2004A04478
Segment Type: other
Provision Reference: 
Character Range: 72978–75716

no effect.

Death may be presumed in certain cases

"155D. If the Commissioner, after consideration of all the circumstances, directs that the death of a person be presumed, this Act applies in relation to that person as if the person had died on such date as is determined by the Commissioner.".

49. After section 156 of the Principal Act the following section is inserted:

Refund of money paid by mistake etc.

  "156A. If:

    (a) an amount of money (other than a productivity contribution paid under Part VIA in respect of a person who is a productivity employee within the meaning of that Part) has been paid to the Commissioner by, or on behalf of, a person who at the time was not an eligible employee; and

(b) the Commissioner has paid that amount into the Fund; then, upon the Commissioner becoming aware that the person was not an eligible employee, an amount equal to that amount is to be paid, together with interest in respect of the amount, to the person or, if the

person has died, to the person's personal representative or to such person or persons (if any) as the Commissioner determines.".

Directions etc. to be in writing

50. Section 164 of the Principal Act is amended by omitting "or by the Commissioner" and substituting "the Commissioner or the Board".

Regulations

51. Section 168 of the Principal Act is amended by adding at the end the following subsections:

"(11) Regulations made within 2 years after the commencement of this subsection for the purposes of section 6A may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this subsection.".

"(12) Regulations made within one year after the commencement of this subsection for the purposes of section 14A, 51, 126, 155, 180 or 183 may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this subsection.".

Transfer of assets etc. to approved superannuation schemes

52. Section 240 of the Principal Act is amended by inserting in paragraph (1)(a) "Fund" after "accumulated contributions and".

Election to join Superannuation (1990) Scheme

53. Section 244 of the Principal Act is amended by omitting from paragraph (3)(a) "until 31 March" and substituting "on 31 March".

Transfer of assets etc. to Superannuation (1990) Scheme

54. Section 248 of the Principal Act is amended by inserting in paragraph (1)(a) "Fund" after "accumulated contributions and".

Amendments consequential upon the enactment of the Military Superannuation and Benefits Act 1991

  55. The Principal Act is further amended as set out in the Schedule.

                     PART 4—AMENDMENTS OF THE SUPERANNUATION ACT 1990

Principal Act

56. In this Part, "Principal