Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p19
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 19/38)
Character Range: 65596–68270

(1) requires a copy or notice to be served on a person and the person has died, the Commissioner must serve the copy or notice on:

   (a) the person's personal representative; or

   (b) such other person or persons as the Commissioner, in his or her discretion, determines.

Application of certain provisions to the Commissioner

"16ae. In the application of section 16, 16aa, 16ab, 16ac, 16ad or 184 in relation to a person who is an eligible employee because of paragraph (g) of the definition of 'eligible employee' in subsection 3 (1), a reference in that section to the Commissioner is taken to be a reference to the Secretary to the Department.".

(2) Section 16aa of the Principal Act as amended by this Act applies in relation to a benefit event within the meaning of that section that happens on or after the commencement of this section.

(3) Subject to subsection 20 (3), section 16ac of the Principal Act as amended by this Act applies in relation to a question asked of a person, or information given, whether before or after the commencement of this section.

Commissioner for Superannuation

22. Section 17 of the Principal Act is amended by omitting from subsection (2) other than Parts III and Xa," and substituting "(other than Parts IIa, III and IVa and section 154a)".

23. After Part II of the Principal Act the following Part is inserted:

"PART IIa—COMMONWEALTH SUPERANNUATION BOARD

"Division I—Establishment, Functions and Powers of Board

Establishment of Board

"27a. There is established by this section a board called the Commonwealth Superannuation Board.

Incorporation etc.

"27b. (1) The Board:

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may acquire, hold and dispose of real and personal property; and

(d) may sue and be sued in its corporate name.

"(2) The common seal of the Board is to be kept in such custody as the Board directs and is to be used only as authorised by the Board.

"(3) All courts, judges and persons acting judicially must take judicial notice of the common seal of the Board and must presume that it was duly affixed.

Functions

"27c. The functions of the Board are:

(a) to give certificates for the purposes of section 54c; and

   (b) to make, and reconsider, decisions, in respect of the retirement of eligible employees on the ground of invalidity as provided by Part IVa; and

(c) to make determinations in respect of interest as provided by section 154a.

Powers

"27d. Subject to this Act, the Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

"Division 2—Constitution, meetings