Document ID: chunk:federal_register_of_legislation:C2022C00264:section:51:p4
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 51 (pt 4/5)
Character Range: 129706–131993

period or a part of the period, that paragraph does not apply in respect of the period or the part of the period, as the case may be.
 (2BD) The Minister and CSC may at any time vary or terminate an agreement made under paragraph (2)(h).

Prohibition on making contributions during period of unpaid leave
 (3) A person to whom this section applies is not required or permitted, and shall be deemed not to have been required or permitted, to make contributions on any contribution day occurring during the period of leave of absence without pay, and the regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision to and in relation to a person to whom this section applies, or to and in relation to a prescribed class of such persons.
 (4) The modifications that may be made by regulations in pursuance of subsection (3) include, but are not limited to, modifications providing for benefits in addition to, or in substitution for, benefits provided for by this Act.

Anticipating that a person will be on unpaid leave for more than 12 weeks
 (5) For the purposes of this section, an eligible employee who is on leave of absence without pay but has not been on leave of absence without pay for a period that exceeds 12 weeks, but is expected to be on leave of absence without pay for a period exceeding 12 weeks, shall, except as otherwise provided by the regulations, be deemed to have been on leave of absence without pay for a period exceeding 12 weeks.

Section does not apply to maternity and parental leave etc.
 (6) A person who is on leave of absence without pay for reasons related to:
 (a) the birth of a child of the person or of the spouse, or de facto partner within the meaning of the Acts Interpretation Act 1901, of the person; or
 (b) the termination (otherwise than by child‑birth) of a pregnancy of the person; or
 (c) the adoption of a child by the person;
is taken, for the purposes of this section, not to be absent during that period on leave of absence without pay.
 (7) The reference in paragraph (6)(a) to the birth of a child of the person includes a reference to the birth of a child who is a child of the person within the meaning of the Family Law Act 1975.