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Statutory Rules

1978 No. 156

REGULATIONS UNDER THE SUPERANNUATION ACT 1976*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.

Dated this twenty-third day of August 1978.
ZELMAN COWEN.
Governor-General

By His Excellency's Command,
Minister of State for Finance
SUPERANNUATION (ALLOCATION OF PREVIOUS FUND) REGULATIONS

Citation
1. These Regulations may be cited as the Superannuation (Allocation of Previous Fund) Regulations.

Interpretation
2. (1) In these Regulations, " the Act " means the Superannuation Act 1976.
(2) An expression in these Regulations that is contained in Division 2 of Part XII of the Act has, unless the contrary intention appears, the same meaning for the purposes of these Regulations as it has in that Division.

Matters to which the Minister is to have regard in making certain determinations
3. (1) In making a determination under sub-section 175 (1), 176 (2) or 177 (2) of the Act, the Minister shall have regard to the relevant recommendations made to the Treasurer by the committee of 5 persons appointed to consider, amongst other things, the division and allocation of the existing Fund between existing contributors and persons who were pensioners under the superseded Act, being recommendations (other than those made by a minority of the persons constituting the committee) contained in the report of that committee presented to the Parliament on 20 October 1976.

* Notified in the Commonwealth of Australia Gazette on 29 August 1978.
13431/78—Cat. No. —Recommended retail price 15c 14/4.8.1978

(2) A reference in sub-regulation (1), in relation to a determination made under sub-section 175 (1), 176 (2) or 177 (2) of the Act, to the relevant recommendations made to the Treasurer shall be read as a reference—
      (a) in the case of a determination under sub-section 175 (1) of the Act—to recommendations 1 and 2 contained in the third chapter of the report referred to in that sub- regulation;
      (b) in the case of a determination under sub-section 176 (2) of the Act—to recommendations 3, 4 and 5 contained in the third chapter of that report; and
      (c) in the case of a determination under sub-section 177 (2) of the Act—to recommendations 7, 8, 9 and 10 contained in the third chapter of that report.

Certain benefits to be treated as if they were a charge upon the existing Fund
4. (1) In this regulation, unless the contrary intention appears—
        " additional benefits " means the increase (if any) payable on or after the commencing day in the benefits payable to or in respect of a prescribed person, being the increase payable by virtue of section 48ac, 48ad, 123 or 125 of