Document ID: chunk:federal_register_of_legislation:C2005C00431:section:7:p3
Version: federal_register_of_legislation:C2005C00431
Segment Type: section
Provision Reference: s 7 (pt 3/3)
Character Range: 19108–21526

upon notice, pass a resolution disallowing the determination.

 (8) Where:
 (a) a notice referred to in subsection (7) is given with respect to a determination; and
 (b) at the expiration of the period during which a resolution disallowing the determination could have been passed:
 (i) the notice has not been withdrawn and the relevant motion has not been called on; or
 (ii) the relevant motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the determination is to be taken to have been disallowed.

 (9) If:
 (a) neither House of the Parliament passes a resolution in accordance with subsection (7) disallowing a determination; and
 (b) the determination is not to be taken to have been disallowed under subsection (8);
the determination takes effect on whichever of the following days is the later:
 (c) the day immediately following the last day on which a resolution disallowing the determination could have been passed;
 (d) where the determination is conditional upon the employer's taking, to the satisfaction of the Minister, specified action within a specified period and the Minister is satisfied that that action is so taken—the day on which the Minister, by notice in writing given to the employer, declares himself or herself to be so satisfied.

 (10) If, before the expiration of 5 sitting days of a House of the Parliament after a copy of a determination has been laid before that House:
 (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
  (b) at the time of the dissolution, expiry or prorogation, as the case may be:
 (i) a notice of motion disallowing the determination has not been withdrawn and the motion has not been called on; or
 (ii) a motion disallowing the determination has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the copy of the determination must, for the purposes of this section, be taken to have been laid before that first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.

 (11) A reference in this section to the provision of superannuation benefits includes a reference to any act done in relation to the establishment or administration of a superannuation arrangement for their provision, including the receipt of contributions under the arrangement.