Document ID: chunk:federal_register_of_legislation:C2012C00787:section:48
Version: federal_register_of_legislation:C2012C00787
Segment Type: section
Provision Reference: s 48
Character Range: 33156–35381

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

Continuing application of Act

 (1) Subject to subsection (2), the Crimes (Superannuation Benefits) Act 1989 continues to apply, on and after the sale day of a CFM body, in relation to a person who committed a corruption offence before that day while an employee of the body, as if the body 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 a CFM body on or after the body's sale day.

Superannuation schemes

 (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a CFM body on or after the body's sale day 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 body's sale day.

Paragraph 19(3)(d) orders

 (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, an order made under that paragraph on or after the body's sale day may only specify that an amount paid to the Commonwealth before the body's sale day by or on behalf of the body belongs to the Commonwealth.

Paragraph 19(4)(b) orders

 (5) If:
 (a) a person who was an employee of a CFM body before the body's sale day committed a corruption offence while such an employee; and
 (b) the person was paid benefits before, on or after the body's sale day out of the Consolidated Revenue Fund;
then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, an order made under that paragraph on or after the body's sale day 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 section that is also used in the Crimes (Superannuation Benefits) Act 1989 has the same meaning in this section as it has in that Act.

Division 4—Safety, Rehabilitation and Compensation Act 1988