CRIMES (SUPERANNUATION BENEFITS) ACT 1989 - SECT 21 Effect of superannuation orders

CRIMES (SUPERANNUATION BENEFITS) ACT 1989 - SECT 21

  (1)   Where a court makes a superannuation order in respect of a person:

  (a)   all rights of, and benefits payable to or in respect of, the person or a dependant of the person (being rights or benefits arising out of the person's membership of any superannuation scheme) cease, or cease to be payable, on the day on which the order takes effect, and the person ceases to be a member of the scheme on that day; and

  (b)   any amount of the kind mentioned in subsection   19(3) that is vested in the person ceases to be so vested on that day; and

  (c)   the Commonwealth or a Commonwealth authority is not liable to pay any employer contribution or benefit under the scheme in respect of the person on or after that day.

  (2)   An amount payable by a person to the Commonwealth or a Commonwealth authority under a superannuation order is a debt due by the person to the Commonwealth or the Commonwealth authority, as the case may be.

  (3)   An order under subsection   19(3) or (4) against a person may be enforced as if it were an order made in civil proceedings instituted by the Commonwealth or the relevant Commonwealth authority against the person to recover a debt due by the person to the Commonwealth or the Commonwealth authority, and the debt arising from the order is to be taken to be a judgment debt.

  (4)   Despite the Superannuation Act, or any other Act or any agreement, where subsection   ( 1) applies to a person who is an employee when the superannuation order takes effect, the person is entitled, on the day on which he or she ceases to be a member of the relevant superannuation scheme, to payment of an amount equal to the sum of the employee contributions paid under the scheme by the person (being contributions that are held in a fund under the scheme) plus the amount of interest on those contributions accrued under the scheme.

  (5)   Despite the Superannuation Act, or any other Act or any agreement, where subsection   ( 1) applies to a person who:

  (a)   was an employee when the relevant corruption offence was committed but ceases to be an employee before the superannuation order takes effect; and

  (b)   would, but for that subsection, have been entitled to payment of benefits under the relevant superannuation scheme on or after the day on which the superannuation order takes effect;

the person is entitled, on the day on which he or she ceases to be a member of the scheme, to payment of an amount worked out using the formula:

where:

"AC" (amount of contributions ) is an amount equal to the sum of the employee contributions paid under the scheme by the person plus the amount of interest on those contributions accrued under the scheme.

"AR" (amount received ) is an amount equal to that part of the sum of all amounts paid by way of benefit before the day on which the superannuation order takes effect that is attributable to AC .