Document ID: chunk:federal_register_of_legislation:C2004A03723:body:0:p6
Version: federal_register_of_legislation:C2004A03723
Segment Type: other
Provision Reference: 
Character Range: 12530–15216

their provision or with the administration of a superannuation scheme for their provision, and, in particular, may provide that only a specified class of those persons are to be permitted to contribute to, and to be provided with benefits under, that scheme.

Effect of contravention of section 153ab or 153ac
"153ad. (1) Any act done in relation to the provision of superannuation benefits that contravenes section 153ab is void to the extent that it contravenes that section.
"(2) Any act done in relation to the provision of superannuation benefits under, or purportedly under, a superannuation scheme approved by the

Minister under section 153ab, that contravenes the terms and conditions of the scheme as so approved is void to the extent that it contravenes those terms and conditions.
"(3) Where, by reason of the operation of subsection (1) or (2), the payment of money by a person or body to another person or body is void, then, unless the Minister has declared in writing that this subsection does not apply:
     (a) the money so paid is recoverable as a debt due to the person or body who paid it; and
     (b) if the person or body who paid the money is the employer and the Minister has directed that person or body, by notice in writing, to take action to recover it—the person or body shall take action to recover it accordingly.
"(4) Where, by virtue of the operation of subsection 153ab (4), (5), (6) or (9), a superannuation scheme, or an amendment of a superannuation scheme, is of no force or effect, the Minister may, after having regard to the consequences to persons receiving, or likely to receive, benefits under the scheme, by determination in writing:
     (a) declare the scheme or amendment, and all or any actions associated with its establishment, making or operation, to have the same force and effect as if it had made provision for superannuation benefits in accordance with the requirements of this Part; or
     (b) declare the scheme or amendment, and all or any actions associated with its establishment, making or operation, to have the force and effect referred to in paragraph (a) if the employer concerned, within a period specified in the determination, takes, to the satisfaction of the Minister, such action in relation to the scheme or amendment as is specified in the determination, being action that, in the opinion of the Minister:
         (i) will most effectively modify the operation of the scheme or amendment so that its effect will be substantially similar to the effect it would have had if it had made provision for superannuation benefits in accordance with the requirements of this Part; or
         (ii) if it cannot be so