Document ID: chunk:federal_register_of_legislation:C2004A03321:body:0:p4
Version: federal_register_of_legislation:C2004A03321
Segment Type: other
Provision Reference: 
Character Range: 8152–10803

that person pursuant to sub-section 16 (4) of the Superannuation Act 1976.

7. (1) Section 26 of the Principal Act is repealed and the following section is substituted:

Staff
"26. (1) The staff required to assist the Commissioner to perform the functions of the Commissioner under this Act or any other law of the Commonwealth (including any function that the Commissioner has by virtue of being the Chairman of the Defence Force Retirement and Death Benefits Authority) shall be persons appointed or employed under the Public Service Act.
"(2) The Commissioner has all the powers of, or exercisable by, a Secretary under the Public Service Act so far as those powers relate to the branch of the Australian Public Service comprising staff referred to in sub-section (1) as if that branch were a separate Department of the Australian Public Service.".
(2) Where—
     (a) immediately before the commencement of this section, an office existed in a branch of the Australian Public Service, being a branch of the Australian Public Service in the Department of Finance; and
     (b) by virtue of sub-section 26 (2) of the Superannuation Act 1976 the Commissioner has all the powers of, or exercisable by, a Secretary under the Public Service Act in relation to that branch of the Australian Public Service,
the office is, by virtue of this section, transferred from the Department of Finance to the Department that, by virtue of paragraph (b) of the definition of "Department" in sub-section 7 (1) of the Public Service Act 1922, is constituted by that branch of the Australian Public Service (in this section referred to as the "relevant Department") and the Public Service Act 1922 has effect as if the office had been duly created in the relevant Department.
(3) A reference in any law of the Commonwealth or law of a Territory, or in any regulation or other instrument made or issued under such a law, to the holder for the time being, or to the person for the time being

performing the duties, of an office, being an office that has been transferred from the Department of Finance to the relevant Department by virtue of sub-section (2), shall, except in relation to matters that occurred before the commencement of this section, be construed as a reference to the holder for the time being, or to the person for the time being performing the duties, of the office as it exists in the relevant Department.

8. After section 29 of the Principal Act the following section is inserted:

Objective and duties of Trust
"29a. (1) The Trust is established to manage and invest the Superannuation Fund in such manner as to maximize the return earned on the