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Superannuation Legislation Amendment
                  Act 1992

No. 187 of 1992

An Act to amend certain Acts relating to superannuation, and for related purposes

[Assented to 18 December 1992]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Superannuation Legislation Amendment Act 1992.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

  (2)     Paragraph 34(b) is taken to have commenced on 1 July 1990.

(3)     Sections 67 and 68 are taken to have commenced on 1 July 1990.

(4)     Section 14 and paragraph 25(e) are taken to have commenced on 1 July 1991.

  (5)     Section 55 is taken to have commenced on 1 October 1991.

(6)     Sections 25 (other than paragraph (e)), 26, 31, 32, 37 and 46 are taken to have commenced on 1 July 1992.

  (7)     Sections 17 and 18 commence on 1 July 1993.

(8)     Subject to subsection (9), paragraphs 58(1)(a), (b) and (c), and sections 59 and 60 commence on a day to be fixed by Proclamation.

(9)     If paragraphs 58(1)(a), (b) and (c) and sections 59 and 60 do not commence under subsection (8) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

                PART 2—AMENDMENTS OF THE SUPERANNUATION ACT 1922

Principal Act

  3.     In this Part, "Principal Act" means the Superannuation Act 19221.

4.     After section 136 of the Principal Act the following section is inserted:

Death may be presumed in certain cases

"136A. If the Commissioner, after consideration of all the circumstances, directs that the death of a person be presumed, this Act applies in relation to that person as if the person had died on such date as is determined by the Commissioner.".

                PART 3—AMENDMENTS OF THE SUPERANNUATION ACT 1976

Principal Act

  5. In this Part, "Principal Act" means the Superannuation Act 19762.

Interpretation

  6. Section 3 of the Principal Act is amended:

  (a) by inserting in subsection (1) the following definitions:

     " 'industrial award' means:

         (a)     an industrial award or determination made under a law of the Commonwealth, a State or a Territory; or

         (b)     an industrial agreement approved or registered under such a law;

     'superannuation guarantee top-up benefit' means benefit payable under section 110SE;";

     (b)     by inserting "or that is an approved authority because of paragraph (b)," after "or (iv)," in sub-subparagraph (a)(v)(A) of the definition of "approved authority" in subsection (1);

     (c)     by adding "other than such an authority or body in relation to which a declaration under subsection (2A) is in force" at the end of paragraph (b) of the definition of