Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p15
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 34938–37733

the subsection, substitute:

"(3) The Governor-General may, with the consent of a Registrar who is:

SCHEDULE—continued

    (a) an eligible employee for the purposes of the Superannuation Act 1976; or

    (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990;

retire the Registrar from office on the ground of incapacity.

"(4) In spite of anything contained in this section, if the Registrar:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

he or she is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(5) In spite of anything contained in this section, if the Registrar:

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is under 60 years of age;

he or she is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".

Governor-General Act 1974

Section 9:

Repeal the section.

Health Insurance Commission Act 1973

Subsection 28A(4):

Omit "or the Superannuation Act 1976", substitute ", the Superannuation Act 1976 or the Superannuation Act 1990".

Section 31:

Repeal the section.

Industrial Relations Act 1988

Subsections 22(1) and (2):

Omit the subsections, substitute:

"(1) The Judges' Pensions Act 1968 does not apply in relation to a Presidential Member if:

SCHEDULE—continued

    (a) immediately before being appointed as a Presidential Member, he or she was:

       (i) an eligible employee for the purposes of the Superannuation Act 1976; or

       (ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) he or she does not make an election under subsection (2).

"(2) A Presidential Member may elect to cease to be:

    (a) an eligible employee for the purposes of the Superannuation Act 1976; or

    (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990.

"(2A) The election must be made:

    (a) within 3 months of the Presidential Member's appointment; and

    (b) by notice in writing to the Minister.

"(2B) If a Presidential Member makes the election:

    (a) the Judges' Pensions Act 1968 applies in relation to him or her and is taken to have so applied immediately after he or she was appointed as a Presidential Member; and

    (b) he or she is taken to have ceased to be: