Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p40
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 100879–103732

full-time director—the person is, unless the Minister in writing otherwise determines, for the purposes of this Act, a person employed by the company or other body; or

    (b)     if the person is not a full-time director—the person is, for the purposes of this Act, a person employed by the company or other body only if the Minister, in writing, so determines.".

Member not to be retired on grounds of invalidity without certificate from Board

71. Section 13 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1a) The Board may only give a certificate in respect of a member under subsection (1) if the Board has approved the invalidity retirement of the member under Division 1 of Part 12 of the Rules.".

Payment by approved authorities etc. to the Commonwealth in respect of benefits payable to members employed etc. by authorities

  72. Section 19 of the Principal Act is amended:

    (a) by omitting from paragraph (1) (b) "any other authority" and substituting "an authority (other than an approved authority)";

     (b) by adding at the end of subsection (1) the following word and paragraph:

            "; and (c) an authority or body (other than a State authority) whose employees include a person or persons mentioned in paragraph 6 (1) (h) or (j).";

     (c)     by omitting from subparagraph (2) (a) (ii) "and" and substituting "or";

     (d)    by adding at the end of subparagraph (2) (a) (ii) the following subparagraph:

          "(iii) in the case of an authority or body mentioned in paragraph (1) (c)—employed by that authority or body; and".

73. After section 28 of the Principal Act the following section is inserted:

Delegation by Board

"28a. The Board may, by signed instrument, delegate all or any of its powers under this Act or the regulations to any of the following:

  (a)     a member of the Board;

  (b)     the Commissioner;

    (c)     a member of the staff assisting the Commissioner in the performance of his or her functions under this Act.".

  74. After Part 8 of the Principal Act the following Part is inserted:

"PART 8a—TRANSFERS TO APPROVED AND AUTHORISED SUPERANNUATION SCHEMES

"Division 1—Preliminary

Statutory office holder

"33a. For the purposes of this Part, the holder of a statutory office whose remuneration is paid by an authority or body is taken to be employed by that authority or body.

"Division 2—Approved superannuation schemes

Interpretation

  "33b. In this Division, unless the contrary intention appears:

'approved superannuation scheme' means a superannuation scheme approved by the Minister under section 33c;

'assets' means property of any kind and, without limiting the generality of the foregoing, includes:

  (a) choses in action; and

    (b) rights, interests and claims of every kind in or to property, whether