Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p29
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 71223–74151

established by deed under that Act by force of paragraph 6(1)(h) of that Act.".

Paragraph 87B(6)(h):

Omit the paragraph, substitute:

"(h) for the employee if he or she is:

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

SCHEDULE—continues

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

    immediately before he or she becomes engaged in the employment, to be exempted from liability to contribute for superannuation benefits otherwise than under the Superannuation Act 1976 or the Superannuation Act 1990 in respect of the employment.".

Paragraph 87B(7)(c):

    (a) After "1976" insert ", or the Superannuation Act 1990,".

    (b) Omit "that Act", substitute "the Superannuation Act 1976 or the Superannuation Act 1990".

Subparagraph 87J(8)(a)(iii):

    (a) After "1976" insert ", or the Superannuation Act 1990,".

    (b) Omit "that Act", substitute "the Superannuation Act 1976 or the Superannuation Act 1990".

    (c) Omit "and".

Subparagraph 87J(8)(b)(ii):

Omit "applies.", substitute "applies;".

Subsection 87J(8):

Add at the end:

     "(c) that arrangements satisfactory to the Minister for the time being administering the Superannuation Act 1990 or to an officer authorised by that Minister for the purposes of this paragraph, have been made in relation to the provision of superannuation benefits under that Act for persons engaged in that employment who:

         (i) are eligible persons in relation to that declared Commonwealth function; and

         (ii) are members of the superannuation scheme established by deed under that Act by force of paragraph 6(1)(h) of that Act.".

Subparagraph 87N(7)(a)(iii):

After "1976" insert "or the Superannuation Act 1990".

Resource Assessment Commission Act 1989

Subsection 45(8):

Omit the subsection.

SCHEDULE—continued

After section 45:

Insert in Division 1:

Removal taken to be retirement on ground of invalidity

"45A.(1) If a Commissioner:

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

    (b) is removed from office under section 45 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.

"(3) If a 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 45 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