Document ID: chunk:federal_register_of_legislation:C2004A04664:schedule:4:p8
Version: federal_register_of_legislation:C2004A04664
Segment Type: schedule
Provision Reference: sch 4 (pt 8/13)
Character Range: 34252–36852

employee.

"(9) If the amount of any payment of pension or of a lump sum that would otherwise have been made by the administrator to the relevant employee on any day is less than or equal to the adjusted overpayment worked out as at that day, that amount is to be paid by the administrator to Comcare or the authority instead of to the retired employee.

"(10) If the amount of any payment of pension or of a lump sum that would otherwise have been made by the administrator to the relevant employee on any day is greater than the adjusted overpayment worked out as at that day, so much of that amount as is equal to that adjusted overpayment is to be paid by the administrator to Comcare or the authority instead of to the retired employee.

"(11) For the purposes of subsections (9) and (10), the adjusted overpayment as at a particular day is the amount of the original overpayment less any amounts that have been paid by the administrator to Comcare or the authority before that day in reduction of the original overpayment.

"(12) The payment by the administrator of an amount to Comcare or a licensed authority under a notice given under subsection (5) discharges, to the extent of that amount:

    (a) the liability of the administrator to pay that amount to the retired employee; and

    (b) the liability of the employee to pay that amount to Comcare or the authority, as the case may be.

"(13) The administrator of a superannuation scheme must comply with a requirement made of the administrator under this section by Comcare or a licensed authority. However, failure to comply with the requirement is not an offence.

  "(14) This section has effect despite:

  (a) sections 143 and 143A of the Superannuation Act 1922; and

     (b) sections 85 and 85A of the Defence Force Retirement Benefits Act 1948; and

     (c) sections 129 and 130 of the Defence Force Retirement and Death Benefits Act 1973; and

  (d) sections 118 and 119 of the Superannuation Act 1976.

  "(15) In this section:

'working day', in relation to a notice to be given by Comcare or a licensed authority, means a day other than a Saturday, a Sunday, or a day that is a public holiday in any State or Territory.".

Comcare may write off debt

  53. Section 104A of the Principal Act is renumbered as section 114C.

Comcare may waive debt

  54. Section 104B of the Principal Act is renumbered as section 114D.

PART 8—AMENDMENTS OF THE SEX DISCRIMINATION ACT 1984

Principal Act

55. In this Part, "Principal Act" means the Sex Discrimination Act 19847.

Insertion of new sections

56. After section 50B of the