Document ID: chunk:federal_register_of_legislation:C2004A04762:body:0:p34
Version: federal_register_of_legislation:C2004A04762
Segment Type: other
Provision Reference: 
Character Range: 85593–88417

of whom it is
appropriate to allow superannuation benefits to be provided for or in relation
to people employed by them; and
  (b) the maximum costs that may be incurred by an employer in providing the
benefits.
  (3) The requirements that the Minister may determine under paragraph (1)(a)
may be of general or specially limited application and may differ according to
differences in circumstance.
  (4) Without limiting the generality of subsection (3), the Minister may
determine under paragraph (1)(a) different requirements in relation to
different classes of people employed, people employed under different laws or
people employed by different employers or classes or kinds of employers.
  (5) The Minister may determine under paragraph (1)(a) a requirement in
relation to all employers, or particular employers or classes or kinds of
employers, that superannuation benefits for or in relation to all or any of
the people employed by such an employer may only be provided by someone other
than:
  (a) the employer concerned; or
  (b) a person who is associated in any way with the employer concerned
(including, if the employer is a body corporate, another body corporate that
is related to the first-mentioned body corporate for the purposes of the
Corporations Law).
  (6) In this section:
  'employer' means a person (including a Department within the meaning of the
Public Service Act 1922) that:
  (a) employs people under a relevant law; or
  (b) is a relevant body; and
includes a person in respect of whom a declaration is in force under
subsection 3(5).".
  (2) Superannuation benefits the provision of which was authorised by section
6 of the Principal Act (including that section as it had effect because of
subsection 9(4) of that Act) immediately before 1 July 1994 are taken, for the
purposes of the Principal Act as amended by this Part, to be superannuation
benefits that satisfy the prescribed requirements referred to in section 6 of
the Principal Act as so amended.

SUPERANNUATION LEGISLATION AMENDMENT ACT 1994 No. 86, 1994 - SECT 97
Effect of contravention of prescribed requirements

SECT
  97.(1) Section 7 of the Principal Act is amended:
  (a) by omitting subsections (1) and (2) and substituting the following
subsection:
  (1) Any act done in relation to the provision of superannuation benefits
that contravenes any of the prescribed requirements referred to in section 6
is void to the extent that it contravenes the requirements.";
  (b) by omitting from subsection (3) "or (2)" and substituting "of this Act
or subsection 7(2) of the Superannuation Benefits (Supervisory Mechanisms) Act
1990 as in force immediately before 1 July 1994";
  (c) by omitting from subsection (4) "subsection 5(4), (5), (6) or (10)" and
substituting "subsection 5(6) or (10) of this Act, or subsection 5(4)