Document ID: chunk:federal_register_of_legislation:F2005C00642:reg:2:p1
Version: federal_register_of_legislation:F2005C00642
Segment Type: reg
Provision Reference: reg 2 (pt 1/7)
Character Range: 152718–155301

2  Add the following Division to Part XII:

   'Division 12 Prescribed periods of service

   '236A Interpretation

    '(1) In this Division, unless the contrary intention appears:
   previous employment, in relation to a relevant person, means the employment in which that person was last employed before the date on which he or she became, or last became, an employee for the purposes of the superseded Act.
   Provident Account means the Provident Account established under the superseded Act.
   relevant cessation day, in relation to a relevant person means the last day of the period during which the person was last an employee for the purposes of the superseded Act.
   relevant person means a person who has received an amount under section 51 or 85 of the superseded Act.

    '(2) In this Division:
    (a) a reference, in relation to a relevant person, to the date of commencement of that person's contributions is to be read as a reference to:
    (i) except where subparagraph (ii) applies — to the date on which he or she became liable to make contributions to the existing Fund (whether under Part III of the superseded Act or as a contributor to the Provident Account); or

    (ii) where that person became an employee for the purposes of that Act on more than one occasion — to the date on which he or she last became liable to make any such contributions in relation to a period in respect of which deferred benefits are applicable or payable to the person under the superseded Act; and
    (b) a reference to the former Board is a reference to the Commissioner if at the relevant time the former Board had ceased to exist.

    '(3) For the purposes of this Division:
    (a) where, but for subsection 100C (8) or 109 (5), or paragraph 119J (3) (c), of the superseded Act, a person would have been liable on a particular day to contribute to the existing Fund, he or she is taken to have been liable on that day to make contributions to the existing Fund; and
    (b) where an amount has been paid, or a payment has been made, by one person on behalf of another person, the amount is taken to have been paid, or the payment made, by that other person.

    '(4) Where, at any time before the relevant cessation day:
    (a) a relevant person had ceased to be an employee for the purposes of the superseded Act by reason of retirement on the ground of invalidity or physical or mental incapacity to perform his or her duties; and
    (b) that person had, upon ceasing to be such an employee, become entitled to a pension under section 45 of the superseded Act or