Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p40
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 96502–99228

the superseded Act; and
     (c) a reference to the physical or mental condition or conditions of a person that was or were relevant for the purposes of the superseded Act shall be read as a reference to the physical or mental condition or conditions of the person that, in the opinion of the Commissioner, was or were the physical or mental condition or conditions of the person by reason of which—
         (i) the Superannuation Board was not satisfied under sub-section 5(1) of the superseded Act that the health and physical fitness of the person were such as to justify his being accepted as a contributor to the Fund; or
         (ii) the person was not, by virtue of a provision of the superseded Act (other than sub-section 5(1) or 79(2) of the superseded Act), accepted as a contributor to the Fund,
     other than—
         (iii) a physical or mental condition that, in the opinion of the Commissioner, did not exist—
            (a) at the time the person became a contributor to the Fund or a contributor to the Provident Account; or
            (b) where the person so became a contributor on more than one occasion—at the time he last so became a contributor and immediately before which he was not a contributor to the Provident Account and was not in receipt of pension in accordance with section 45 of the superseded Act; or
         (iv) a physical or mental condition that, in the opinion of the Commissioner, the Superannuation Board was, as a result of a medical examination under sub-section 79 (2) of the superseded Act, satisfied no longer existed unless the Commissioner is satisfied that, but for the failure of the person to furnish any information required to be furnished by him or the furnishing of false information at or in connexion with that medical examination, the Board would not have been so satisfied.

(2) Subject to sub-sections (3) and (4) of this section, sub-section 184(2) of the Principal Act shall be deemed never to have applied to or in relation to existing contributors who did not cease to be eligible employees before the commencement of this section.

(3) Where the benefit classification certificate deemed, by sub-section 184(2) of the Principal Act, to be in force, on the commencing day, in respect of a person has been revoked under sub-section 16(8) of the Principal Act before the commencement of this section, the Commissioner for Superannuation shall not include the condition or conditions that was or were specified in that benefit classification certificate in any benefit classification certificate issued in respect of the person under section 184 of the Principal Act as amended by sub-section (1) of this section unless the Commissioner is satisfied that,