Commonwealth Consolidated Acts

SUPERANNUATION ACT 1922 - SECT 120

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

"first quarter" , in relation to a half-year, means:

                     (a)  for a half‑year beginning on 1 January in a year--the March quarter of the year; and

                     (b)  for a half‑year beginning on 1 July in a year--the September quarter of the year.

"half-year" means a period of 6 months beginning on 1 January or 1 July in any year.

"pension" includes a pension payable by virtue of section 9 or 14 of the Superannuation Act (No. 2) 1956 or section 10 of the Superannuation (Pension Increases) Act 1971 , but does not include:

                     (a)  a pension that became payable under section 71 of this Act, not being such a pension for which contributions were made to a State Fund as defined by section 101 of this Act; or

                     (b)  a pension payable (whether under section 71 of this Act or otherwise) in respect of a child.

"prescribed half-year" means the half-year commencing on 1 January 2002 or a subsequent half-year.

"Statistician" means the Australian Statistician.

             (2)  Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Statistician has published or publishes in respect of a particular first quarter in a half‑year an all groups consumer price index number for the weighted average of the 8 capital cities in substitution for an index number previously published by him in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this Part.

             (3)  If at any time, whether before or after the commencement of this section, the Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this Part after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.

             (4)  If the prescribed percentage for the purposes of section 121 is or includes a fraction of one‑tenth of 1 per centum:

                     (a)  where that fraction is less than one‑half of one‑tenth--that fraction shall be disregarded; and

                     (b)  where that fraction is not less than one‑half of one‑tenth--that fraction shall be treated as one‑tenth.