Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p14
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 14/34)
Character Range: 163225–165921

of Part VI.".

Persons to whom Part applies

69. Section 120 of the Principal Act is amended by omitting "1 month" and substituting "6 months".

Interpretation

70. Section 125 of the Principal Act is amended by omitting from subsection (1) the definition of "employment".

Payment of transfer values to Commissioner

71. Section 128 of the Principal Act is amended by adding at the end the following subsection:

"(7) Where the Commissioner gives under subsection 157(3) a direction to cancel an election made by an eligible employee under subsection (1) of this section:

(a) there must be paid to the Commissioner out of the Superannuation Fund:

       (i) an amount equal to so much of the transferred amount in relation to the eligible employee as was paid by the Commissioner into that Fund under paragraph (2) (a) of this section; and

(ii) the amount of any interest that is payable in respect of the first-mentioned amount; and

    (b) there must be paid to the Commissioner out of the Consolidated Revenue Fund (which is appropriated accordingly) an amount equal to so much of the transferred amount in relation to the eligible employee as was paid by the Commissioner into that Fund under paragraph (2) (b) of this section;

and the Commissioner must pay to the eligible employee an amount equal to the sum of those amounts.".

Exemption of certain eligible employees from medical examination

72. Section 130 of the Principal Act is amended:

    (a) by omitting from subsections (3) and (4) "section 16 does" and substituting "sections 16 to 16ae, inclusive, do";

    (b) by omitting from subsection (5) "section 16 applies in relation to him, but, in the application of that section in relation to him" and substituting "sections 16 to 16ae, inclusive, apply in relation to the eligible employee to the same extent (if any) as they would apart from this section, but, for the purposes of those sections as so applying".

Interpretation

73. Section 131 of the Principal Act is amended by adding at the end the following subsection:

"(4) In this Division:

'former eligible employee with benefits from previous employment' means:

(a) a person:

(i) who has ceased to be an eligible employee; and

        (ii) who was immediately before so ceasing, a person referred to in paragraph (a) of the definition of 'eligible employee' in subsection 3 (1); and

(iii) in relation to whom sections 119h and 119j of the

        superseded Act applied on or after his or her becoming an employee for the purposes of that Act or, if the person became such an employee on more than one occasion, on or after his or her last becoming such an employee; or

(b) a person:

(i) who has ceased