Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p21
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 50858–53785

before being employed under this Part, was a member of the superannuation scheme established by deed under the Superannuation Act 1990; or".

Subsection 22(3):

Omit "Superannuation Act" (last occurring), substitute "Superannuation Act 1976".

SCHEDULE—continued

Paragraph 22(3)(a):

    (a) After "that" (first occurring), insert ", if the person was employed before 1 July 1990,".

    (b) Omit "Superannuation Act", substitute "Superannuation Act 1976".

    (c) Omit "or".

Paragraph 22(3)(b):

Omit the paragraph.

After subsection 22(3):

Insert:

"(3A) Without limiting subsection (2), an agreement, under section 20, for the employment of a relevant person after 30 June 1990 may provide that the Superannuation Act 1976 applies in relation to the person as if the person were a temporary employee within the meaning of section 11 of that Act if:

    (a) immediately before the person was so employed, deferred benefits were applicable to him or her under that Act or the Superannuation Act 1922; or

    (b) the person became, by virtue of his or her being so employed, a re-employed former contributor with preserved rights within the meaning of the Superannuation Act 1976.

"(3B) Where an agreement so provides, the Superannuation Act 1976 applies in relation to the person in accordance with the agreement.

"(3C) Without limiting subsection (2), an agreement, under section 20, for the employment of a relevant person may provide that the Superannuation Act 1990 applies in relation to the person as if the person were a temporary employee within the meaning of that Act if the relevant person:

    (a) is engaged after 30 June 1990; and

    (b) is not a person to whom paragraph (3A)(a) or (b) applies.

"(3D) Where an agreement so provides, the Superannuation Act 1990 applies in relation to the person in accordance with the agreement.".

Subsection 22(4):

Omit "Superannuation Act" (wherever occurring), substitute "Superannuation Act 1976".

Paragraph 22(4)(a):

After "(3)" insert "or (3A)".

SCHEDULE—continued

Paragraph 22(4)(b):

After "(3)" insert "or (3B)".

After subsection 22(4):

Insert:

"(4A) The Superannuation Act 1990 applies in relation to a relevant person if the person makes a declaration and election under subsection 244(1) of the Superannuation Act 1976.

"(4B) If the relevant person revokes, under section 247 of the Superannuation Act 1976, the declaration and election made under subsection 244(1) of that Act, subsection (4) applies in relation to the person as if he or she had not made the declaration and election.

"(4C) Subject to subsection (4A), in spite of anything in the Superannuation Act 1990 or any other Act, the Superannuation Act 1990:

    (a) applies in relation to a relevant person employed under this Part only if the application of that Act is expressly provided for in the agreement for the employment of the person; and

    (b) applies in relation to