Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SECT 23

PART IV-MISCELLANEOUS
23. (1) The regulations may make provision for and in relation to-

   (a)  the payment, in such circumstances as are prescribed, 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 7 (1) (b)
        (i) or (iii) and has been retired under section 19) of a benefit, by
        way of a lump sum, calculated in such manner as is provided for in the
        regulations; or

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

(2) The regulations-

   (a)  may make provision for the purpose of-

        (i)    enabling a person entitled to the payment of a lump sum under
               regulations made in pursuance of sub-section (1) to elect to
               have paid, in lieu of that sum, benefits, calculated in such
               manner as is provided for in the regulations, 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 regulations, to and in
        relation to such a benefit; and

   (c)  may make such other provision, not inconsistent with this Act, 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 regulations in pursuance of 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 19, 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 which, but for the election, he would be entitled to
               under that Act in consequence of his retirement under section
               19; 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
        which, but for that last-mentioned election, he would be entitled to
        under that Act in consequence of his retirement under section 19.

(4) A payment of benefit, or by way of reimbursement of expenses, under
regulations made in pursuance of 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;

   (b)  in the case of a payment (not being a payment to which paragraph (a)
        applies) payable to a person employed in the Australian Public
        Service, or payable to or in respect of a person who has retired from
        the Australian Public Service under section 19-out of moneys lawfully
        available for the purpose; or

   (c)  in the case of a payment (not being a payment to which paragraph (a)
        applies) payable to a person employed by a prescribed authority of the
        Commonwealth, or payable to or in respect of a person who has been
        retired from his employment with a prescribed Commonwealth authority
        under section 19-out of moneys of the authority.
(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 regulations, have otherwise been payable to or in respect of
that person by a prescribed Commonwealth authority, the authority shall pay to
the Commonwealth an amount equal to the amount of the lump sum and the
authority may apply for that purpose any moneys under its control.

(7) The Minister for Finance may enter into an arrangement with a prescribed
Commonwealth authority for the making of payments to the Commonwealth by the
authority in lieu of payments that, but for the arrangement, the authority
would be required to make under sub-section (6), being an arrangement which
the Minister for Finance is satisfied will provide a fair basis of payment to
the Commonwealth in respect of amounts paid, payable or likely to become
payable out of the Consolidated Revenue Fund to or in respect of a person who
has been employed by the authority, and the authority may apply for the
purposes of the arrangement any moneys under its control.

(8) A reference in sub-section (7) to the Minister for Finance shall be read
as including a reference to a person authorized by the Minister for the
purposes of that sub-section.

(9) The regulations may provide that the provisions of sub-sections (6) and
(7) do not apply to a prescribed Commonwealth authority specified in the
regulations for the purposes of this sub-section.