Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p16
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 37528–40309

Pensions Act 1968 applies in relation to him or her and is taken to have so applied immediately after he or she was appointed as a Presidential Member; and

    (b) he or she is taken to have ceased to be:

       (i) an eligible employee for the purposes of the Superannuation Act 1976; or

       (ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990;

    immediately before being appointed as a Presidential Member.".

Section 22:

Add at the end:

"(4) Subject to subsection (5), if:

    (a) a Presidential Member makes an election under subsection (2); and

    (b) he or she would, but for this subsection, be entitled to benefits under the Superannuation Act 1990;

that Act applies in relation to the Presidential Member as if he or she were not entitled to those benefits.

"(5) Subsection (4) does not affect the Presidential Member's entitlement (if any) to the part of those benefits that consists of his or her accumulated member contributions and accumulated employer contributions within the meaning of the Superannuation Act 1990.".

SCHEDULE—continued

Subsection 121(2) (paragraph (a) of the definition of "relevant law"):

Omit "or the Superannuation Act 1976", substitute ", the Superannuation Act 1976 or the Superannuation Act 1990".

Industry Commission Act 1989

Subsection 38(6):

Omit the subsection.

After section 38:

Insert:

Removal taken to be retirement on ground of invalidity

"38A.(1) If:

    (a) a Commissioner or Associate Commissioner is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) is removed from office under section 38 on the ground of physical or mental incapacity;

for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which he or she was suspended from office.

"(2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the Commissioner or Associate Commissioner.

"(3) If a Commissioner or Associate Commissioner:

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is removed from office under section 38 on the ground of physical or mental incapacity;

for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was suspended from office.

"(4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the Commissioner or Associate Commissioner.

Retirement on ground of invalidity under the Superannuation Acts

"38B.(1) In spite of anything contained in sections 37 and 38, a Commissioner or Associate