Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p40
Version: federal_register_of_legislation:C1971A00046
Segment Type: other
Provision Reference: 
Character Range: 92497–95064

kind referred to in paragraph (a) of this sub-section did not become payable to or in respect of him in relation to the first-mentioned employment and he was not entitled to make an election or choice, exercise an option or do any other act or thing as a result of which such a lump sum would have become so payable;
          (ii) a pension of a kind referred to in paragraph (b) of this sub-section did not become payable to or in respect of him in relation to the first-mentioned employment and he was not entitled to make an election or choice, exercise an option or do any other act or thing as a result of which such a pension would have become so payable; and
          (iii) benefits of a kind referred to in the last preceding paragraph did not become applicable in respect of him in relation to the first-mentioned employment and he was not entitled to make an election or choice, exercise an option or do any other act or thing as a result of which any such benefits would have become so applicable.
"(4.) Paragraph (c) of sub-section (1.) of this section does not apply in relation to a period of employment of a person by reason of the operation of sub-paragraph (i) of that paragraph unless an amount equal to the lump sum referred to in that sub-paragraph, or an amount that included an amount based upon that lump sum, has been paid into the Fund or the Provident Account.
"(5.) Paragraph (d) of sub-section (1.) of this section does not apply in relation to a period of employment of a person unless—
     (a) an amount equal to the amount refunded to the person from the Fund referred to in that paragraph was paid to the Board in accordance with Part VII. or Part VIII. of this Act; and
     (b) the period of employment during which the person was a contributor to the Superannuation Fund under this Act that immediately followed the period of the first-mentioned employment was a period of eligible employment.
"(6.) A reference in paragraph (b), (c) or (d) of sub-section (1.) of this section to a period of employment of a person does not include a reference to a period of employment in relation to which a preceding paragraph of that sub-section applies.

Public employment
"119q.—(1.) The Treasurer may, by instrument under his hand published in the Gazette, declare employment, whether within or outside Australia, by a person, or by persons included in a class of persons, specified in the instrument to be public employment for the purposes of this Division.
"(2.) A declaration under the last preceding sub-section shall come into force