Document ID: chunk:federal_register_of_legislation:F2004C00089:body:0:p2
Version: federal_register_of_legislation:F2004C00089
Segment Type: other
Provision Reference: 
Character Range: 2497–5055

the meaning of section 127) became payable to or in respect of the person under a superannuation scheme applicable in relation to that employment;
 (b) upon the termination of the period of leave, the person again becomes required to make contributions on contribution days;
 (c) before, or not later than 3 months after, the day on which the person again becomes required to make contributions on contribution days, or within such further period as the Commissioner in special circumstances allows, the person elects, by notice in writing to the Commissioner, to pay to the Commissioner an amount equal to the amount of that transfer value or, if 2 or more transfer values became payable, the sum of the amounts of those transfer values; and
 (d) that amount is, before the expiration of that period of 3 months or that further period, as the case may be, paid to the Commissioner;
  then, subject to this section, the provisions of section 128 (other than subsection 128 (1)) apply, for the purposes of this Division, to and in relation to that person as if the amount referred to in paragraph (d) had been paid to the Commissioner under subsection 128 (1).

 (2) If:
 (a) a person to whom section 51 applies engages in employment during a period of leave; and
 (b) a transfer value becomes payable to or in respect of that person in relation to that employment;
  subsection 128 (5) applies to that employee as if "(not being a period greater than the period of leave)" were inserted in that subsection after "such period".

        130AD (1) Where:
 (a) a person to whom section 51 applies has, at any time during a period of leave, been in employment, within or outside Australia;
 (b) upon the termination of that employment, a lump sum became payable to or in respect of that person under a superannuation scheme applicable in relation to that employment;
 (c) that lump sum, or a part of that lump sum, is an amount that is based on contributions by the member and, if subsection 130AC (1) applies to the person, does not form part of the transfer value referred to in that subsection; and
 (d) upon the termination of the period of leave, the person again becomes required to make contributions on contribution days;
  then, subject to subsection (2), the provisions of section 129 apply, for the purposes of this Division, to and in relation to that person as if:
 (e) he or she were a person referred to in subsection 129 (1); and
 (f) the lump sum or the part of the lump sum referred to in paragraph (c) were a lump sum or the part of a lump sum