Commonwealth Numbered Acts

SUPERANNUATION ACTS AMENDMENT ACT 1978 No. 17, 1978 - SECT 6

6. (1) Section 48AB of the Principal Act is amended-

   (a)  by inserting in sub-section (1) '', having regard to such matters (if
any) as are prescribed and such other matters as he considers relevant,''
after ''the Commissioner'' (last occurring);

   (b)  by inserting after sub-section (1) the following sub-sections:

''(1A) If, at any time after the commencement of the Superannuation Act 1976,
a pension is not payable under section 46 or 48 of this Act in respect of a
person in respect of whom pension would be payable at that time under Part VI
of the Superannuation Act 1976 if that Act had come into force before the
death of a deceased contributor (not being a person who, if that Act had come
into force before the deceased contributor had died, would, at the time of the
deceased contributor's death, have been a spouse of the deceased contributor
for the purposes of that Act), the Commissioner may grant, from such date as
the Commissioner specifies, a pension in respect of the person under section
46 or 48 of this Act at such rate and on such conditions as the Commissioner,
having regard to such matters (if any) as are prescribed and such other
matters as he considers relevant, determines.

''(1B) The date specified by the Commissioner under sub-section (1) or (1A) in
relation to the granting of an entitlement to pension shall not, unless the
Commissioner is satisfied that special circumstances exist that justify an
earlier date being so specified, be a date earlier than the date of the
direction, and shall not, in any event, be a date earlier than 1 July 1976.'';

   (c)  by inserting in sub-section (3) '', having regard to such matters (if
any) as are prescribed and such other matters as he considers relevant,''
after ''the Commissioner'' (last occurring);

   (d)  by inserting after sub-section (3) the following sub-sections:

''(3A) The Commissioner shall not grant a pension under sub-section (1) in
relation to a deceased pensioner if the granting of that pension, or the
granting of that pension at the rate that the Commissioner proposes to
determine, would result in the aggregate of the rates of pension payable under
this Act at that time in relation to the deceased pensioner exceeding the rate
of pension to which the deceased pensioner would have been entitled under this
Act at that time if he had not died.

''(3B) The Commissioner shall not grant a pension under sub-section (1A) in
relation to a deceased contributor if the granting of that pension, or the
granting of that pension at the rate that the Commissioner proposes to
determine, would result in the aggregate of the rates of pension payable under
this Act at that time in relation to the deceased contributor exceeding the
rate of pension to which the deceased contributor would have been entitled
under this Act at that time if he had not died but had, on the day immediately
following the date of his death, become entitled to pension under section
38.'';

   (e)  by omitting from sub-section (4) ''of this section'' (wherever
        occurring) and substituting ''or (1A)''; and

   (f)  by omitting from sub-section (5) ''sub-section (1)'' and substituting
        ''this section''.

(2) Section 48AB of the Principal Act is amended by inserting after
sub-section (1B) the following sub-section:

''(1C) A determination by the Commissioner for the purposes of sub-section (1)
or (1A) shall be in writing.''.