Document ID: chunk:federal_register_of_legislation:C2004C05891:section:5
Version: federal_register_of_legislation:C2004C05891
Segment Type: section
Provision Reference: s 5
Character Range: 3254–5739

5
  (1.)  After section nine of the Principal Act the following sections are inserted:—
  "9A  Certain benefits may be paid by the Commonwealth.
  "(1.)  Where the Commonwealth would be liable to pay to the Fund an amount equal to the whole or a part of a payment made to a person from the Fund, that amount may be paid to that person by the Commonwealth instead of from the Fund, and the Consolidated Revenue Fund is appropriated accordingly.
  "(2.)  A payment by the Commonwealth under the last preceding sub-section does not affect the liability of the Commonwealth to pay to the Fund an amount referred to in that sub-section.
  "9B  Payments to be made at end of financial year.
  "Payments by the Commonwealth to the Fund under this Act shall be made on the last day of each financial year and on that day there shall be paid from the Fund to the Commonwealth an amount equal to the sum of the payments made by the Commonwealth under sub-section (1.) of the last preceding section during that financial year.
  "9C  Certain payments to be made to the Commonwealth from the Fund.
  "(1.) Where—

  (a)  a person has contracted with the Trust in pursuance of sub-section (1.) of section twenty of this Act to repay an amount comprising a refund of contributions and a payment of the whole or a part of the Commonwealth supplement; and

  (b)  the Trust has received a payment from that person in pursuance of the contract,
   the Trust shall pay to the Commonwealth from the Fund—

  (c)  where the amount the subject of the contract was an amount reduced in accordance with sub-section (2.) of that section—a sum equal to the appropriate proportion of the whole or part of the Commonwealth supplement (as the case may be) less the appropriate proportion of the amount in respect of pension that the Commonwealth would have been liable to pay into the Fund if the pension had been paid to the member; or

  (d)  in any other case—the appropriate proportion of the whole or part of the Commonwealth supplement (as the case may be).
  "(2.) For the purposes of this section, 'the appropriate                proportion' means the proportion that the amount of the               payment received by the Trust bears to the total amount               contracted to be repaid.".
   (2.)  Section nine C inserted into the Principal Act by the last preceding sub-section shall be deemed to have come into operation on the first day of December, One thousand nine hundred and forty-eight.