Document ID: chunk:federal_register_of_legislation:C2014C00390:section:42
Version: federal_register_of_legislation:C2014C00390
Segment Type: section
Provision Reference: s 42
Character Range: 44435–47029

42  Transitional provision relating to the Crimes (Superannuation Benefits) Act 1989

Continuing application of Crimes (Superannuation Benefits) Act 1989
 (1) Subject to this section, if:
 (a) a person who was an employee of the Snowy Mountains Hydro‑electric Authority before the corporatisation date committed a corruption offence while such an employee; and
 (b) the person becomes an employee of the Snowy Hydro Company on that date under section 23;
then, on and after that date, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if a Snowy hydro‑group company were an authority of the Commonwealth.

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 a Snowy hydro‑group company on or after the corporatisation date.

Superannuation schemes
 (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a Snowy hydro‑group company is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person after the corporatisation date.

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 the Snowy Mountains Hydro‑electric Authority, an order made under that paragraph on or after the corporatisation date may only specify that an amount paid to the Commonwealth before that date by or on behalf of the Authority belongs to the Commonwealth.

Paragraph 19(4)(b) orders
 (5) If:
 (a) a person who was an employee of the Snowy Mountains Hydro‑electric Authority before the corporatisation date committed a corruption offence while such an employee; and
 (b) the person was or is paid benefits before, on or after that date 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 on or after that date 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, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same meanings as in that Act.