Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p18
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 42622–45678

1990;

    immediately before being appointed as the Solicitor-General.".

Section 14:

Add at the end:

"(4) Subject to subsection (5), if:

    (a) the Solicitor-General makes an election under subsection (2); and

    (b) he or she would, but for this subsection, be entitled to benefits under the Superannuation Act 1990;

that Act applies in relation to the Solicitor-General as if he or she were not entitled to those benefits.

"(5) Subsection (4) does not affect the Solicitor-General's entitlement (if any) to the part of those benefits that consists of his or her accumulated member contributions and accumulated employer contributions within the meaning of the Superannuation Act 1990.".

Members of Parliament (Staff) Act 1984

Section 3 (definition of "Superannuation Act"):

Omit the definition.

Section 3 (paragraph (a) of the definition of "pensioner"):

Before the paragraph insert:

     "(aa) a person to whom an invalidity pension, within the meaning of the Superannuation Act 1990 is payable; or".

Section 3 (paragraph (a) of the definition of "pensioner"):

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

Subsection 8(1) (definition of "prescribed modification"):

Omit the definition.

Subsection 8(1) (paragraph (a) of the definition of "relevant person"):

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

SCHEDULE—continued

Subsection 8(1) (paragraph (a) of the definition of "relevant person"):

After the paragraph insert:

     "(ab) a person who, immediately before being engaged under this Part, was a member of the superannuation scheme established by deed under the Superannuation Act 1990; or".

Subsection 8(3):

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

Paragraph 8(3)(a):

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

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

    (c) Omit "or".

Paragraph 8(3)(b):

Omit the paragraph.

After subsection 8(3):

Insert:

"(3A) Without limiting subsection (2), a relevant agreement for the engagement of a relevant person after 30 June 1990 as a consultant 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 13 of that Act if:

    (a) immediately before the person was so engaged, deferred benefits were applicable to him or her under that Act or the Superannuation Act 1922; or

    (b) the person became, by virtue of his or her being so engaged, a re-employed former contributor with preserved rights within the meaning of the Superannuation Act 1976.

"(3B) Where a relevant agreement so provides, the Superannuation Act 1976 applies in relation to the person 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