Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p11
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 11/38)
Character Range: 45321–48120

re-appointed to the Australian Public Service under section 87m or 87q of the Public Service Act; or

           (ii) not being a person to whom subparagraph (i) applies, is re-appointed, or re-employed, by a previous employer in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service under section 87m or 87q of the Public Service Act;

       the office last held by the person, or the employment in which the person was last employed, in the Australian Public Service, or the employment in which the person was last employed by that employer, before his or her re­appointment or re-employment.";

   (e) by omitting from paragraph (6) (a) "section 87q" (wherever occurring) and substituting "section 87m or 87q".

19. After section 15 of the Principal Act the following section is inserted:

Persons excluded from definition of "eligible employee"

"15a. (1) A person who, on or after 1 July 1990, becomes a permanent employee because he or she is employed in a permanent capacity by an approved authority declared by the Minister to be an exempt authority for the purposes of this subsection is excluded from the definition of 'eligible employee' in subsection 3(1).

"(2) Where, on or after 1 July 1990:

(a) a person (other than a person to whom subsection (1) applies) becomes a permanent employee; or

(b) a person is appointed as Commissioner;

that person is excluded from the definition of 'eligible employee" in subsection 3 (1) unless:

(c) immediately before the person becomes so employed or is so appointed:

(i) the person was an eligible employee; or

      (ii) invalidity pension was, or would, but for a suspension of payment, have been, payable to him or her under this Act or the superseded Act; or

      (iii) deferred benefits were applicable to him or her under this Act; or

    (d) the person becomes, by virtue of his or her employment or appointment, a re-employed former contributor with preserved rights.".

Medical examination, and issue of benefit classification certificate, on becoming eligible employee

20. (1) Section 16 of the Principal Act is amended:

(a) by omitting subsection (1);

(b) by omitting subsections (9) to (14), inclusive, and substituting the following subsection:

    "(9) Where, under subsection (8), the Commissioner revokes a benefit classification certificate on a particular day:

(a) the revocation has effect on and from that day; and

(b) the new certificate (if any) issued in substitution for the

revoked certificate is to be taken to have been issued on that day.".

(2) In spite of subsection (1), subsections 16 (11b) and (11c) of the Principal Act (as in force before the commencement of this section) continue to apply in relation to