Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p29
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 73341–76263

is amended:

     (a)     by omitting from subsection (1a) "Minister" and substituting "Board";

   (b)    by inserting after subsection (1a) the following subsections:

     "(1b) The Minister may, by instrument, formulate principles with respect to the giving of directions by the Board under subsection (1a).

     "(1c) The Minister must give to the Chairperson of the Board a copy of any principles formulated under subsection (1b).

     "(1d) In considering whether to give a direction under subsection (1a), the Board must have regard to any such principles that are in force.".

(2) A direction given by the Minister under subsection 139a (1a) of the Principal Act that was in force immediately before the commencement of this section is taken, after that commencement, to have been made by the Commonwealth Superannuation Board of Trustees No. 2 under that subsection of the Principal Act as amended by this Act.

Person who is entitled to rights under Division not entitled to rights under other provisions of Act

51. Section 140 of the Principal Act is amended by inserting in paragraph (3) (a) "less any part of that amount so paid that is an amount of a kind mentioned in paragraph 110q (1) (c) or (d)" after "the Commissioner".

Certain former eligible employees not entitled to benefits under Division

52. Section 141 of the Principal Act is amended by omitting subparagraph (1) (c) (ii) and substituting the following subparagraph:

     "(ii) that invalidity or incapacity rendered the person totally and permanently incapacitated within the meaning of Part IVa;".

Special provisions affecting certain contributors under certain superannuation schemes

  53. (1) Section 145 of the Principal Act is amended:

    (a)    by omitting from subsection (11) "Minister may, by instrument under his hand" and substituting "Board may, by instrument";

  (b)    by inserting after subsection (11) the following subsections:

     "(11a) The Minister may, by instrument, formulate principles with respect to the making of declarations by the Board under subsection (11).

     "(11b) The Minister must give to the Chairperson of the Board a copy of any principles formulated under subsection (11a).

     "(11c) In considering whether to make a declaration under subsection (11), the Board must have regard to any such principles that are in force.";

    (c) by omitting from subsection (13) "Minister" and substituting "Board".

(2) A declaration made by the Minister under subsection 145 (11) of the Principal Act that was in force immediately before the commencement of this section is taken, after that commencement, to have been made by the Commonwealth Superannuation Board of Trustees No. 2 for the purposes of that subsection of the Principal Act as amended by this Act.

Interpretation

54.     Section 147 of the Principal Act is amended by omitting "(a), (c)" from paragraph (f) of the definition of