Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p27
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 27/34)
Character Range: 194645–197272

period or such longer period as the Commissioner allows; or

    (b) if:

(i) the person is not survived by a spouse; or

       (ii) the person is survived by a spouse but the spouse dies without making such an election or declaration;

    and the person is survived by an eligible child or eligible children—a person authorised by the Commissioner for the purposes of this subsection may make such an election or declaration within the given period or such longer period as the Commissioner allows;

and, in that case, this Act has effect as if the election or declaration had been made by the first-mentioned person.".

84. Section 159 of the Principal Act is repealed and the following section is substituted:

Payment by approved authorities etc. to the Commonwealth in respect of eligible employees

"159. (1) This section applies to:

(a) an approved authority; and

(b) any other authority or body:

        (i) whose staff consists of persons appointed or employed under the Public Service Act 1922; and

        (ii) that has been declared by the Minister to be an authority or body to which this section applies.

"(2) If the Minister so determines, an authority or body to which this section applies must make payments to the Commonwealth in respect of any person who:

(a) is, or was at any time:

(i) in the case of an approved authority—employed by that authority; or

        (ii) in the case of an authority or body referred to in paragraph (1) (b)—a member of the staff of the authority or body; and

     (b) is an eligible employee, or was an eligible employee during the period when the person was employed by, or was a member of the staff of, the authority or body.

"(3) Payments that an authority or body is required to make in respect of a person under subsection (2) are to be made:

     (a) at such times as the Minister determines; and

     (b) in such amounts, or at such rates, as the Minister determines, having regard to the benefits that are or may become payable, or have been paid, to or in respect of the person.

"(4) An authority or body that is required to make a payment under subsection (2) may apply for that purpose any money under its control.

"(5) For the purposes of this section, the holder of a statutory office whose remuneration is paid by an authority or body is taken to be employed by that authority or body.".

Cost of administration of, and of medical examinations under, Act etc.

85. Section 160 of the Principal Act is amended is amended by omitting subsections (3), (4) and (5) and substituting the following subsections:

"(3) Subject to subsection (4), the cost