Document ID: chunk:federal_register_of_legislation:C2006C00163:clause:1_9:p1
Version: federal_register_of_legislation:C2006C00163
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/2)
Character Range: 8982–11595

9  Subsections 3(1A) and (1B)
Repeal the subsections, substitute:

 (1AA) The regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision to and in relation to a person to whom paragraph (ec) of the definition of eligible employee applies or has applied or to and in relation to a prescribed class of persons to whom that paragraph applies or has applied.

 (1A) A declaration made for the purposes of paragraph (ec) of the definition of eligible employee in subsection (1) may be expressed to have taken effect from and including a day specified in the declaration, being a day earlier than the day on which the declaration is signed but, subject to subsection (1B), not earlier than 12 months before the day on which the declaration is signed.

Note: The day of effect may be a day earlier than the day on which paragraph (ec) commenced (see subsection (1BC)).

 (1B) If, before a declaration is made for the purposes of paragraph (ec) of the definition of eligible employee in subsection (1), contributions were accepted from, or in respect of, a person to whom the declaration applies, the declaration may be expressed to have taken effect from and including the earliest day on which contributions were so accepted.

Note: The day of effect may be a day earlier than the day on which paragraph (ec) commenced (see subsection (1BC)).

 (1BA) A declaration made for the purposes of paragraph (j) of the definition of eligible employee in subsection (1) may be expressed to have taken effect from and including a day specified in the declaration, being a day earlier than the day on which the declaration is signed but not earlier than 1 July 2003, if, and only if, there is no person to whom the declaration applies:
 (a) who was treated as an eligible employee on or after the specified day; or
 (b) from, or in respect of, whom contributions were accepted on or after the specified day.

 (1BB) A declaration that is expressed, in accordance with subsection (1A), (1B) or (1BA), to have taken effect from and including a day earlier than the day on which the declaration was signed, is taken to have had effect accordingly.

 (1BC) To remove any doubt, a declaration made for the purposes of paragraph (ec) of the definition of eligible employee in subsection (1) may be expressed, to the extent permitted under subsection (1A) or (1B), to have taken effect from and including a day (the effective day) earlier than the day on which that paragraph commenced. If a declaration is so expressed, it is taken to