Document ID: chunk:federal_register_of_legislation:C2024C00825:section:4:p5
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 4 (pt 5/7)
Character Range: 27526–30131

1956 otherwise than in a permanent capacity is by the terms of his employment required to give the whole of his time to the duties of his employment;
 (b) that person has been so employed for a continuous period of not less than three years; and
 (c) the Director‑General of Security certifies that that person's employment is likely to be continued for a period of at least seven years;
the Director‑General of Security may direct that that person be deemed to be an employee within the meaning of this section, and that person shall be deemed to be such an employee as from the date of the direction.
 (5B) Where:
 (a) a person referred to in paragraph (a) of subsection (5) or paragraph (a) of subsection (5A) was, during any period prior to the commencement of his employment by the Commonwealth, employed in employment within or outside Australia upon the termination of which:
 (i) a transfer value within the meaning of Division 2 of Part XA became payable to or in respect of him after the commencement of this subsection under a superannuation scheme applicable in relation to that employment;
 (ii) a prescribed pension within the meaning of that Division became payable to him under such a scheme; or
 (iii) any deferred benefits within the meaning of that Division became applicable in respect of him after the commencement of this subsection under such a scheme;
  and was, during that period, a member of that superannuation scheme; and
 (b) if the prior employment was employment in relation to which subparagraph (i) of paragraph (a) applies—an amount equal to the amount of the transfer value referred to in that subparagraph has been paid to the Board in accordance with subsection (1) of section 119J;
then subsection (5) or subsection (5A), as the case may be, has effect in relation to the person subject to the modifications referred to in subsection (5C) of this section.
 (5C) The modifications referred to in subsection (5B) are as follows:
 (a) any period of the prior employment shall be deemed, for the purposes of paragraph (b) of subsection (5) or paragraph (b) of subsection (5A), as the case may be, to have been a period of employment of the same nature as the employment of the person referred to in paragraph (a) of that subsection and to have been continuous with that employment;
 (b) if the total of the periods of the prior employment is more than three years but less than ten years—the reference in paragraph (c) of subsection (5) or subsection (5A), as the case may be, to seven years shall be read as a reference to the difference between ten years and the total