Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p26
Version: federal_register_of_legislation:C2004A04478
Segment Type: other
Provision Reference: 
Character Range: 65256–68075

applies—a person who has been paid:

                 (A)    an amount or amounts by way of pension or by way of pension and lump sum benefit to which the person became entitled under section 55 or 59 or Part VIA; or

                 (B)     an amount by way of lump sum benefit to which the person became entitled under section 62 or Part VIA; and

         (b) after the payment, preservation or application, as the case may be, of the amount, or those amounts, the person makes an election under section 137;

     the election does not have effect unless an amount equal to that amount or the aggregate of those amounts, as the case requires, is paid to the Commissioner within 7 days after the date of the election or within such further period as the Commissioner, in special circumstances, allows.";

     (b) by omitting paragraphs (3)(a) and (b) and substituting the following paragraphs:

          "(a) if the person is a person to whom paragraph 137(1)(a) applies—an amount equal to the amount paid to the Commissioner less any part of that amount that is:

              (i) an amount of a kind referred to in paragraph 110Q(1)(c)or (d); or

             (ii) an amount of superannuation guarantee top-up benefit; or

         (b) if the person is a person to whom paragraph 137(1)(b) applies—the portion of the amount paid to the Commissioner that was paid to the Consolidated Revenue Fund under section 112 at the time that the person last ceased to be an eligible employee.".

Certain former eligible employees not entitled to benefits under Division

38. Section 141 of the Principal Act is amended by omitting from paragraph (1)(c) "Commissioner" and substituting "Board".

Interpretation

  39. Section 153AA of the Principal Act is amended:

    (a) by inserting after paragraph (d) of the definition of "decision" in subsection (1) the following paragraph:

          "(da) a decision made by the Board as to whether or not it is satisfied for the purposes of a provision of section 122; or";

    (b) by inserting after paragraph (f) of the definition of "decision" in subsection (1) the following paragraph:

           "(fa) a decision made by the Board as to whether or not it is satisfied for the purposes of paragraph 139(2)(a); or ;

    (c) by inserting after paragraph (g) of the definition of "decision" in subsection (1) the following paragraph:

           "(ga) a decision made by the Board as to whether or not it is satisfied for the purposes of paragraph 141(1)(c); or".

Decision to be referred to panel in certain circumstances

40. Section 153AJ of the Principal Act is amended by omitting from subsection (1) "Where the decision" and substituting "Subject to section 153ALA, where the decision".

Decision to be referred to Committee

41.     Section 153AK of the Principal Act