Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p19
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 45432–48442

in accordance with the agreement.

"(3C) Without limiting subsection (2), a relevant agreement for the engagement of a relevant person as a consultant may provide that the Superannuation Act 1990 applies in relation to the person as if the person were a temporary employee within the meaning of that Act if the relevant person:

    (a) is engaged after 30 June 1990; and

SCHEDULE—continued

    (b) is not a person to whom paragraph (3A)(a) or (b) applies.

"(3D) Where a relevant agreement so provides, the Superannuation Act 1990 applies in relation to the person in accordance with the agreement.".

Subsection 8(4):

Omit "Superannuation Act" (wherever occurring), substitute "Superannuation Act 1976".

Paragraph 8(4)(a):

After "(3)" insert "or (3A)".

Paragraph 8(4)(b):

After "(3)" insert "or (3B)".

After subsection 8(4):

Insert:

"(4A) The Superannuation Act 1990 applies in relation to a relevant person if the person makes a declaration and election under subsection 244(1) of the Superannuation Act 1976.

"(4B) If the relevant person revokes, under section 247 of the Superannuation Act 1976, the declaration and election made under subsection 244(1) of that Act, subsection (4) applies in relation to the person as if he or she had not made the declaration and election.

"(4C) Subject to subsection (4A), in spite of anything in the Superannuation Act 1990 or any other Act, the Superannuation Act 1990:

    (a) applies in relation to a relevant person engaged as a consultant under this Part only if the application of that Act is expressly provided for in the agreement for the engagement of the person; and

    (b) applies in relation to such a person only as provided by subsection (3D).".

Subsection 15(1) (definition of "prescribed modification"):

Omit the definition.

Subsection 15(1) (paragraph (a) of the definition of "relevant person"):

Omit "Superannuation Act", substitute "Superannuation Act 1976".

Subsection 15(1) (paragraph (a) of the definition of "relevant person"):

After the paragraph insert:

"(ab) a person who, immediately before being employed under this

SCHEDULE—continued

     Part, was a member of the superannuation scheme established by deed under the Superannuation Act 1990; or".

Subsection 15(3):

Omit "Superannuation Act" (last occurring), substitute "Superannuation Act 1976".

Paragraph 15(3)(a):

    (a) After "that" (first occurring), insert ", if the person was employed before 1 July 1990,".

    (b) Omit "Superannuation Act", substitute "Superannuation Act 1976".

    (c) Omit "or"

Paragraph 15(3)(b):

Omit the paragraph.

After subsection 15(3):

Insert:

"(3A) Without limiting subsection (2), an agreement, under section 13, for the employment of a relevant person after 30 June 1990 may provide that the Superannuation Act 1976 applies in relation to the person as if the person were a temporary employee within the meaning of section 11 of that Act if:

    (a) immediately before the person was so employed, deferred benefits