Document ID: chunk:federal_register_of_legislation:C2018C00042:clause:2_9
Version: federal_register_of_legislation:C2018C00042
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 91318–93846

9  Continuing application of the Crimes (Superannuation Benefits) Act 1989

Continuing application of Act
 (1) Subject to subclause (2), if a person who was an employee of an airport‑lessee company before the company's sale time committed a corruption offence while such an employee, then, after the company's sale time, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the company continued to be a Commonwealth authority.

Limitation on superannuation orders
 (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by an airport‑lessee company after the company's sale time.

Superannuation schemes
 (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by an airport‑lessee company after the company's sale time is not a superannuation scheme for the purposes of the application of the Crimes (Superannuation Benefits) Act 1989 to a corruption offence committed by a person after the company's sale time.

Paragraph 19(3)(d) orders
 (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to an airport‑lessee company, an order made under that paragraph after the company's sale time may only specify that an amount paid into the Consolidated Revenue Fund before the company's sale time by or on behalf of the company belongs to the Commonwealth.

Paragraph 19(4)(b) orders
 (5) If:
 (a) a person who was an employee of an airport‑lessee company before the company's sale time committed a corruption offence while such an employee; and
 (b) the person was paid benefits before or after the company's sale time out of the Consolidated Revenue Fund;
then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to the corruption offence, an order made under that paragraph after the company's sale time may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.

Interpretation
 (6) Unless the contrary intention appears, an expression used in this clause that is also used in the Crimes (Superannuation Benefits) Act 1989 has the same meaning in this clause as it has in that Act.

Part 4—The Superannuation Benefits (Supervisory Mechanisms) Act 1990