Document ID: chunk:federal_register_of_legislation:C2012C00824:clause:2_11
Version: federal_register_of_legislation:C2012C00824
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 73644–76306

11  References in Acts and instruments to the Commissioner for Superannuation
(1) If:
 (a) an Act (other than the Governor‑General Act 1974 or the Superannuation Act 1922) or regulations are in force immediately before commencement; and
 (b) the Act or regulations contain a reference to the Commissioner for Superannuation;
the Act or regulations have effect from commencement as if the reference to the Commissioner for Superannuation were a reference to CSC.
Note: During the first year after this item commences, instruments can retrospectively amend references to the Commissioner for Superannuation: see item 20.
(2) If:
 (a) an instrument (other than a regulation or instrument of delegation) is in force immediately before commencement; and
 (b) the instrument contains a reference to the Commissioner for Superannuation;
the instrument has effect from commencement as if the reference to the Commissioner for Superannuation were a reference to the CEO of ComSuper.
Note: During the first year after this item commences, instruments can retrospectively amend references to the Commissioner for Superannuation: see item 20.
(3) Despite subitem (2), the Defence Force (Superannuation) (Productivity Benefit) Determination 1988, as in force immediately before commencement, has effect from commencement as if the reference to the Commissioner for Superannuation were a reference to CSC.
(4) The Minister may, by writing, determine that subitem (1):
 (a) does not apply in relation to a specified reference; or
 (b) applies, in relation to a specified reference, as if the reference in that subitem to CSC were a reference to ComSuper; or
 (c) applies, in relation to a specified reference, as if the reference in that subitem to CSC were a reference to the CEO of ComSuper.
A determination under this subitem has effect accordingly.
(5) The Minister may, by writing, determine that subitem (2):
 (a) does not apply in relation to a specified reference; or
 (b) applies, in relation to a specified reference, as if the reference in that subitem to the CEO of ComSuper were a reference to ComSuper; or
 (c) applies, in relation to a specified reference, as if the reference in that subitem to the CEO of ComSuper were a reference to CSC.
A determination under this subitem has effect accordingly.
(6) The regulations may provide that an Act or instrument containing a reference specified in a determination under paragraph (4)(a) or (5)(a) has effect from commencement as if the reference were a reference to a person or body other than CSC, ComSuper or the CEO of ComSuper.
(7) A determination made under subitem (4) or (5) is not a legislative instrument.