Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p34
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 81558–84293

amended by omitting sub-section (3) and substituting the following sub-sections:
"(3) Where a person is convicted of an offence against sub-section (1), the Court may, in addition to imposing a penalty in respect of the offence, order him to pay to the Commissioner an amount equal to any amount of benefit paid to him in consequence of the act, failure or omission in respect of which he was convicted.
"(4) For the purposes of sub-section (3), a certificate, under the hand of the Commissioner, that an amount specified in the certificate is the amount of benefit that has been paid to a person specified in the certificate in consequence of an act, failure or omission specified in the certificate is prima facie evidence of the matters specified in the certificate.

"(5) In this section—
     'this Act' includes the superseded Act;
     'benefit' includes pension or other moneys payable under the superseded Act.".

69. After section 167 of the Principal Act the following section is inserted:

Superannuation not to be provided under other laws
"167a. (1) Where a person who holds an office or appointment under a law of the Commonwealth or of an internal Territory, or is employed under such a law, is, by virtue of holding that office or appointment or of being so employed, an eligible employee, a temporary employee or the holder of a statutory office, then, unless expressly provided by that law or the Minister otherwise directs, nothing in that law shall be taken to authorize the provision of superannuation benefits for or in relation to the person under that law or under terms and conditions of employment determined under that law.

"(2) In sub-section (1)—
     'law of the Commonwealth or of an internal Territory' means a law of the Commonwealth or of an internal Territory that is in force on the date that this section comes into operation or that comes into force on or after that date;
     'superannuation benefits' includes any benefits of the kind provided under this Act.".

Regulations
70. Section 168 of the Principal Act is amended—
     (a) by omitting from sub-section (2) "12" and substituting "30";
     (b) by inserting in sub-section (2) "a day not earlier than" after "including"; and
     (c) by adding at the end thereof the following sub-section:
     "(3) Regulations made after 31 December 1978 by virtue of sub-section 11(4) or 126(2), or made for the purposes of the definition of 'approved authority' in sub-section 3 (1), may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the regulations.".

Interpretation
71. Section 170 of the Principal Act is amended—
     (a) by inserting after the definition of "uninvested moneys of