Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p28
Version: federal_register_of_legislation:C2004A04478
Segment Type: other
Provision Reference: 
Character Range: 70403–73212

for setting aside the decision and substituting the other decision; and

  (b)     make available a copy of the instrument to the applicant.".

Determinations with respect to interest and notional interest

  46. Section 154A of the Principal Act is amended:

  (a) by inserting after subsection (1) the following subsection:

     "(1A) If, under a provision of this Act, notional interest is to be calculated on an amount, that interest must be calculated in accordance with a determination made by the Board for the purposes of that provision.";

  (b) by inserting in subsection (2) "or (1A)" after "subsection (1)".

Modification of Act in relation to persons who cease to be eligible employees in certain circumstances

47.(1) Section 155B of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

  "(1) This section applies to a person who:

    (a)     was the holder of a position or office, and an eligible employee, immediately before the position or office, as the case may be, ceased to exist as a result of the sale or transfer of an organisation, business, service or asset, or the transfer of a function; and

    (b)     before the date of the sale or transfer received and accepted an offer of employment in connection with the organisation, business, service, asset or function; and

     (c)     took up employment in accordance with that offer on or after the date of the sale or transfer, as the case may be; and

     (d)     ceased to be an eligible employee upon taking up that employment.".

(2) The Superannuation (Former HLIC Employees) Regulations have effect, and are taken to have always had effect, as if this section had commenced immediately before they were made.

48. After section 155B of the Principal Act the following sections are inserted:

Regulations relating to the operation of the Occupational Superannuation Standards Act 1987

"155C.(1) The regulations may make such provision as is necessary for the purpose of enabling:

   (a)     the Fund; and

     (b)     any other scheme or arrangement established by or under this Act that provides for the payment of benefits;

to satisfy any condition or requirement specified in or under the Occupational Superannuation Standards Act 1987 that is capable of applying in relation to the Fund, or the scheme or arrangement, as the case may be.

"(2) If regulations made for the purposes of subsection (1) are inconsistent with a provision of this Act, the regulations prevail and that provision, to the extent of the inconsistency, is of no effect.

Death may be presumed in certain cases

"155D. If the Commissioner, after consideration of all the circumstances, directs that the death of a person be presumed, this Act applies in relation to that person as if the person