Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p7
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 15077–17846

an LWOP employee or employed by an approved authority:

        (i) if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act—the Department in respect of which the money is appropriated; or

        (ii) if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act—a Department determined by the Minister; or

    (b) if the employee is the holder of a statutory office but is not an LWOP employee:

        (i) if the remuneration in respect of the office is paid by an approved authority—the Authority; or

        (ii) if subparagraph (i) does not apply—a Department or person determined by the Minister; or

    (c) if the employee is employed by an approved authority but is not an LWOP employee—the authority; or

    (d) otherwise—a person determined by the Minister.

"(2) In this section:

'Department' means:

    (a) a Department of State; or

    (b) a Department of the Parliament; or

    (c) a branch or part of the Australian Public Service in relation to which a person has, under an Act, the powers of, or exercisable by, the Secretary of a Department of the Australian Public Service;

'LWOP employee' means an eligible employee who:

    (a) is on leave of absence without pay for a period in respect of which the Board has directed, for the purposes of subsection 51(1) of the Superannuation Act 1976 as in force immediately before the commencement of the Superannuation Legislation Amendment Act 1994, that the subsection is not to apply; or

SCHEDULE 2—continued

    (b) is on leave of absence for a period that:

        (i) is more than 12 weeks; and

        (ii) is an excluded period of leave of absence for the purposes of subsection 51(1); or

    (c) is a person to whom section 51A applies and is making contributions in accordance with an election made under subsection (3) of that section.".

12. Subsection 5(3B):

After "specified by the" insert "Commissioner or the".

13. Subsection 5(3C):

After "specified by the" insert "Commissioner or the".

14. Paragraph 8B(3)(d):

Omit "the Commissioner's opinion", substitute "the Board's opinion".

15. After subsection 14A(1B):

Insert:

"(1C) A person is not, and is taken never to have been, regarded as a person to whom this section does not or did not apply at a particular time merely because the person is or was entitled at that time to superannuation or retirement benefits that are or were supplementary to the benefits provided by this Act if the provision of the first-mentioned benefits is or was authorised at that time:

    (a) if that time was before 14 December 1988—under section 167A of the