Document ID: chunk:federal_register_of_legislation:C2004A03723:body:0:p4
Version: federal_register_of_legislation:C2004A03723
Segment Type: other
Provision Reference: 
Character Range: 7408–10214

(2), has no force or effect unless it is approved by the Minister by writing signed by the Minister.
"(10) Without limiting the effect of subsection (4), (5), (6) or (9), superannuation benefits for or in relation to a person shall not be provided under a superannuation scheme, or under an amendment of a superannuation scheme, that has no force or effect because of that subsection.
"(11) Where the Minister has approved, under subsection 153ac (4), an aspect of the provision of superannuation benefits that would, upon its implementation, be inconsistent with the guidelines determined by the Minister in relation to the provision of those benefits, the superannuation

scheme, or an amendment of a superannuation scheme, by which that aspect is to be implemented shall not, by reason only of the inclusion of that aspect, be taken to be inconsistent with those guidelines for the purposes of subsection (5).

Provision of superannuation in accordance with Ministerial guidelines
"153ac. (1) Where a person is employed under an applicable law, superannuation benefits for or in relation to the person may be provided under that applicable law or any other relevant law (other than this Act) or under terms and conditions of employment determined under any such law, if that applicable law or that other relevant law allows the provision of those benefits and they are provided:
     (a) unless paragraph (b) applies—in accordance with guidelines determined by the Minister, under subsection (3), for their provision; or
     (b) where the Minister has approved, under subsection (4), any aspect of their provision that is inconsistent with the guidelines referred to in paragraph (a)—in accordance with the Minister's approval and with the guidelines so referred to in respect of all other aspects of their provision.
"(2) Where a person is employed by an eligible body, that body may provide, or arrange for the provision of, superannuation benefits for or in relation to the person if that body has power to provide those benefits and they are provided:
     (a) unless paragraph (b) applies—in accordance with guidelines, determined by the Minister, under subsection (3), for their provision by the body or under an arrangement made by the body; or
     (b) where the Minister has approved, under subsection (4), any aspect of their provision by the body or under an arrangement made by the body, being an aspect that is inconsistent with the guidelines referred to in paragraph (a)—in accordance with the Ministerial approval and with the guidelines so referred to in respect of all other aspects of their provision.
"(3) The Minister may determine, in writing, guidelines for the provision of superannuation benefits for or in relation to persons employed under a particular applicable law or by a