Document ID: chunk:federal_register_of_legislation:F2004C00091:body:0:p2
Version: federal_register_of_legislation:F2004C00091
Segment Type: other
Provision Reference: 
Character Range: 2535–5085

leave of absence without pay in respect of which subsection 51 (1) applies to the person; or
 (h) a period of absence from duty in respect of which subsection 51A (1) as in force before 1 July 1990 applies to the person; or
 (j) a period that is taken, under subsection 51A (5) as in force on and after 1 July 1990, to be a non-contributory period of service for the person; or
 (k) a period in respect of which the person was not required or permitted to pay contributions because of subsection 3 (3); or
 (l) a period in respect of which benefits did not accrue to the person because of section 55A.'

2. Add the following Division to Part XII:

'Division 6 Periods of service before  commencing day

'193. (1) In this Division, unless the contrary intention appears:
previous employment, in relation to a relevant person, means:
 (a) except where paragraph (b) applies — the employment in which that person was employed immediately before he became an employee for the purposes of the superseded Act; or
 (b) where the person became such an employee on more than one occasion — the employment in which he was employed immediately before he last became such an employee.
Provident Account means the Provident Account established under the superseded Act.
relevant person means a person to whom paragraphs 4 (a), (b), (c) and (d) of the Superannuation (Period of Contributory Service) Regulations apply.

 (2) In this Division:
 (a) a reference, in relation to a relevant person, to the date of commencement of that person's contributions shall be read as a reference to:
 (i) except where subparagraph (ii) applies — the date on which he became liable to make contributions to the existing Fund (whether under Part III of the superseded Act or as a contributor to the Provident Account); or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 — the date on which he last became liable to make any such contributions; 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 (a) where a person would, but for subsection 100C (8) and 109 (5) or paragraph 119J (3) (c) of the superseded Act, have been liable on a particular day to contribute to the existing Fund, he shall be deemed to have been liable on that day to make contributions to the existing Fund; and
 (b) where a person has paid an amount, or made a payment, on behalf of another person, the amount shall be deemed to