Commonwealth Numbered Acts

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 62

Subdivision D-Miscellaneous

62. (1) The rules may make provision for and in relation to-

   (a)  the payment, in such circumstances as are prescribed by the rules, to
        or in respect of an employee (being an employee who has been declared
        to be eligible for redeployment for a reason referred to in
        sub-paragraph 48 (b) (i), (iii) or (iv) and has been retired under
        section 59) of a benefit, by way of a lump sum, calculated in such
        manner as is provided for in the rules; or

   (b)  the reimbursement, in such circumstances as are prescribed by the
        rules, of expenses of a kind prescribed by the rules incurred by a
        declared employee.

(2) The rules-

   (a)  may make provision for the purpose of-

        (i)    enabling a person entitled to the payment of a lump sum under
               rules made pursuant to sub-section (1) to elect to have paid,
               in lieu of that sum, benefits, calculated in such manner as is
               provided for in the rules, being pension benefits similar to
               pension benefits payable under the Superannuation Act 1976; and

        (ii)   enabling the payment of such a pension benefit to the person
               entitled to it in association with any benefit payable to the
               person under the Superannuation Act 1976 and as if it were a
               benefit payable under that Act;

   (b)  may apply the provisions of the Superannuation Act 1976, other than
        the provisions of Part X of that Act, subject to such modifications
        and adaptations as are prescribed by the rules, to and in relation to
        such a benefit; and

   (c)  may make such other provision, not inconsistent with this Division, as
        is necessary or convenient to be made for carrying out or giving
        effect to the purpose specified in paragraph (a).

(3) The provision that may be made by the rules pursuant to sub-section (2)-

   (a)  shall not enable an election referred to in that sub-section to be
        made by a person-

        (i)    who did not become, upon retirement under section 59, entitled
               to a pension under the Superannuation Act 1976; or

        (ii)   who has made an election under that Act by virtue of which he
               has become entitled to receive, as a lump sum benefit, all the
               benefits to which, but for the election, he would be entitled
               under that Act in consequence of his retirement under section
               59; and

   (b)  shall include provision for an election referred to in sub-section (2)
        to become void if the person who made the election subsequently makes
        an election under the Superannuation Act 1976 by virtue of which he
        becomes entitled to receive, as a lump sum benefit, all the benefits
        to which, but for that last-mentioned election, he would be entitled
        under that Act in consequence of his retirement under section 59.

(4) A payment of benefit, or by way of reimbursement of expenses, under rules
made pursuant to this section is payable-

   (a)  in the case of a payment of a pension benefit that is payable as if it
        were a pension benefit payable under the Superannuation Act 1976-out
        of the Consolidated Revenue Fund, in accordance with the appropriation
        of that Fund made by that Act for the payments of benefits under that
        Act, as if it were a payment of a pension benefit under that Act; or

   (b)  in the case of a payment (not being a payment to which paragraph (a)
        applies) payable to an employee, or payable to or in respect of a
        person who has been retired from his employment with the Corporation
        under section 59-out of moneys of the Corporation.
(5) In sub-section (2), ''modification'' includes the addition or omission of
a provision or the substitution of a provision for another provision.

(6) Where, by virtue of an election referred to in paragraph (2) (a), benefits
become payable to or in respect of a person in lieu of the lump sum that
would, under the rules, have otherwise been payable to or in respect of that
person by the Corporation, the Corporation shall pay to the Commonwealth an
amount equal to the amount of the lump sum and the Corporation may apply for
that purpose any moneys under its control.