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Superannuation

No. 97 of 1965

An Act relating to Superannuation.

[Assented to 10 December, 1965]

BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title and citation.
1.—(1.) This Act may be cited as the Superannuation Act 1965.
(2.) The Superannuation Act 1922-1963 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Superannuation Act 1922-1965.

Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.

Parts.
3. This Act is divided into Parts, as follows:—
   Part I.—Preliminary (Sections 1-3).
   Part II.—Amendments of the Principal Act (Sections 4-58).
   Part III.—Distribution of Surplus in Superannuation Fund (Sections 59-64).
   Part IV.—Miscellaneous (Sections 65-73).

Part II.—Amendments of the Principal Act.

Title.
4. The title of the Principal Act is amended by inserting after the word "Commonwealth" the words "and by certain Commonwealth Authorities".

Parts.
5. Section 3 of the Principal Act is amended—
       (a) by omitting the words—
             "Division 2.—Scale of Units (Sections 20-22)"
       and inserting in their stead the words—
             "Division 2—Units of Pension (Sections 20-22)";
       (b) by omitting the words—
             "Division 1.—Retirement on Pension (Sections 37-41).
             "Division 2.—Grant of Pensions and Benefits (Sections 42-63)"
       and inserting in their stead the words—
             "Division 1.—Retirement on Pension (Sections 37-41b).
             "Division 2.—Grant of Pensions and Benefits (Sections 42-62)"; and
       (c) by omitting the words—
             "Division 4.—Re-employment of Pensioners (Sections 66-67).
             "Division 5.—Existing Pension Rights (Sections 68-73)."
       and inserting in their stead the words—
             "Division 5.—Existing Pension Rights (Sections 66-73)".

Interpretation.
6. Section 4 of the Principal Act is amended—
       (a) by inserting in sub-section (1.), after the definition of
       "Department" the following definition:—
        "'eligible child' means—
           (a) a child under the age of sixteen years; or
           (b) a child who—
                  (i) has attained the age of sixteen years but is under the age of twenty-one years; and
              (ii) is receiving full-time education at a school, college or university;";
       (b) by omitting from sub-section (1.) the definition of "The actuarial member of the Board";
       (c) by inserting after sub-section (1a.) the following sub-section:—
       "(1b.) A person, other than a person who has been retired on the ground of invalidity or of physical or mental incapacity to perform his duties, who is or becomes employed by the Commonwealth shall not be taken, for the purposes of this Act, to be employed otherwise than in a permanent capacity by reason only that his appointment was or is on probation and has not been confirmed.";
       (d) by inserting after sub-section (2.) the following sub-sections :—
       "(2a.) A reference in