Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p8
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 17215–19898

Act following his or her suspension from office on the ground of physical or mental incapacity, then, for the purposes of the Superannuation Act 1976, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act.

"(2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the Auditor-General.

"(3) If an Auditor-General is removed from office under section 7 of this Act following his or her suspension from office on the ground of physical or mental incapacity, then, for the purposes of the Superannuation Act 1990, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act.

"(4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the Auditor-General.

Retirement on ground of invalidity under the Superannuation Acts

"7B.(1) In spite of anything contained in section 7, an Auditor-General who:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(2) In spite of anything contained in section 7, an Auditor-General who:

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is under 60 years of age;

is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".

Section 9:

Repeal the section.

SCHEDULE—continued

Australian Broadcasting Corporation Act 1983

After subsection 62(2):

Insert:

"(2A) The rules:

    (a) may make provision for the purpose of:

        (i) enabling a person entitled to the payment of a lump sum under rules made under subsection (1) to elect to have paid, instead of that sum, benefits, calculated in such manner as is provided for in the rules, being pension benefits similar to pension benefits payable under the Superannuation Act 1990; and

        (ii) enabling the payment of such a pension benefit to the person entitled to it in association with any benefit payable to the person under that Act and as if it were a benefit payable under that Act; and

    (b) may apply the provisions of that Act (other than the provisions of Part 7 of the Rules) subject to such modifications