Commonwealth Consolidated Acts

SUPERANNUATION ACT 1922 - SECT 119A

             (1)  In this Part, unless the contrary intention appears:

"employment" means employment by the terms of which persons employed in that employment are required to give the whole of their time to the duties of their employment.

"life policy" has the same meaning as in the Life Insurance Act 1945 as in force immediately before the commencement of the Life Insurance Act 1995 .

"Member" , in relation to a superannuation scheme applying in relation to any employment, includes any person employed in that employment in respect of whom benefits are applicable under the scheme by reason of his being so employed, whether or not he has made contributions under the scheme.

"the rules" , in relation to a superannuation scheme, means the rules governing the operation of the scheme, whether contained in a law or in a trust deed or other instrument.

             (2)  For the purposes of this Part, the membership by a person of a House of the Parliament of the Commonwealth or of a State shall be treated as if it were employment of the person by the Commonwealth or by that State, as the case may be.

          (2A)  For the purposes of this Part, the membership by a person of the Legislative Assembly for the Northern Territory or a legislative or advisory body prescribed for the purposes of section 47C of the Public Service Act 1922‑1974 shall be treated as if it were employment of the person by the Commonwealth.

             (3)  A reference in this Part to a superannuation scheme shall be read as a reference to a superannuation or retirement scheme, however established, and, unless the contrary intention appears, shall be read as including a reference to:

                     (a)  the superannuation scheme constituted by the provisions of this Act relating to the Fund; and

                     (b)  the retirement scheme constituted by the provisions of this Act relating to the Provident Account.

             (4)  For the purposes of this Part, a benefit payable to or in respect of an employee under a superannuation scheme shall not be taken to have been based partly upon contributions under the scheme by the employer by reason only that the benefit included interest upon contributions made under the scheme by the employee.