Commonwealth Numbered Acts

SUPERANNUATION BENEFITS (SUPERVISORY MECHANISMS) ACT 1990 No. 39, 1990 - SECT 9

9. (1) Part XA of the Superannuation Act 1976 is repealed.

(2) Where, immediately before the repeal of Part XA of the Superannuation  Act
1976 there was in force:

   (a)  a declaration by the Minister, by notice published in the Gazette
        under subsection 153AA (1) of that Act:

   (i)  that a particular law is an applicable law; or

   (ii) that a particular company, body or authority is a relevant body; or

   (iii) that a particular company, body or authority is an eligible body; for
        the purposes of that Part - that declaration continues in force, after
        the repeal, as if it were a declaration to the same effect under
        subsection 3 (1) of this Act; and

   (b)  a declaration by the Minister, by notice published in the Gazette
        under subsection 153AA (4) of that Act, that a person holding or
        occupying a particular office is to be taken to be the employer of
        specified persons for the purposes of that Part - that declaration
        continues in force, after the repeal, as if it were a declaration to
        the same effect under subsection 3 (5) of this Act; and

   (c)  an approval by the Minister, under subsection 153AB (1) of that Act,
        of the provision of superannuation benefits within the meaning of that
        Part - that approval continues in force, after the repeal, as if it
        were an approval, under subsection 5 (1) of this Act, of the provision
        of those benefits as superannuation benefits within the meaning of
        this Act; and

   (d)  an approval by the Minister, under subsection 153AB (2) of that Act,
        of the provision of superannuation benefits within the meaning of that
        Part - that approval continues in force, after the repeal, as if it
        were an approval, under subsection 5 (2) of this Act, of the provision
        of those benefits as superannuation benefits within the meaning of
        this Act; and

   (e)  an approval by the Minister, under subsection 153AB (4) of that Act,
        of a superannuation scheme within the meaning of that Part or of an
        amendment to such a superannuation scheme - that approval continues in
        force, after the repeal, as if it were an approval, under subsection 5
        (4) of this Act, of that scheme as a superannuation arrangement within
        the meaning of this Act or of that amendment as an amendment to such a
        superannuation arrangement; and

   (f)  an approval by the Minister, under subsection 153AB (9) of that Act,
        of an amendment of a superannuation scheme within the meaning of that
        Part - that approval continues in force, after the repeal, as if it
        were an approval, under subsection 5 (10) of this Act, of that
        amendment as an amendment of a superannuation arrangement within the
        meaning of this Act.

(3) Where:

   (a)  a determination of guidelines is made by the Minister under subsection
        153AC (3) of the Superannuation Act 1976; and

   (b)  the determination is in force immediately before the repeal of Part XA
        of that Act; the determination continues in force, after the repeal:

   (c)  as if this Act had been in force at the time when the determination
        was made; and

   (d)  as if the determination had been made under and in accordance with the
        requirements of subsection 6 (3) of this Act at that time; and

   (e)  if the determination has been laid before each House of the Parliament
        - as if the determination had been laid before each House of the
        Parliament in accordance with the requirements of section 6 of this
        Act on the day when it was so laid; and

   (f)  for the purposes of paragraph (d) as if a reference in the
        determination:

   (i)  to an applicable law or an eligible body for the purposes of Part XA
        of the Act were a reference to an applicable law or an eligible body
        for the purposes of this Act; and

   (ii) to a superannuation scheme were a reference to a superannuation
        arrangement; and
(iii) to subsection 153AC (3) of the Act in a definition of "relevant day"
were a reference to subsection 153AC (3) of the Superannuation Act 1976; and
(iv) to subsection 58 (3) of the Act in a definition of "retrenchment benefit"
were a reference to subsection 58 (3) of the Superannuation Act 1976; and

   (v)  to subsection 153AA (1) of the Act in the definitions of

"superannuation benefit" and "superannuation scheme" were a reference to
section 3 of this Act.

(4) Where:

   (a)  an aspect of the provision of superannuation benefits within the
        meaning of Part XA of the Superannuation Act 1976 would, if
        implemented, have been inconsistent with guidelines for their
        provision determined under that Part; and

   (b)  the Minister nonetheless, under subsection 153AC (4) of that Act,
        approved that aspect; and

   (c)  that approval is in force immediately before the repeal of that Part;
        the approval continues in force, after the repeal, as if it were an
        approval given by the Minister, under subsection 6 (5) of this Act, of
        that aspect despite its inconsistency with those guidelines as
        continued in force in accordance with subsection (3).

(5) Where an act is void because of the operation of subsection 153AD (1) or
(2) of the Superannuation Act 1976, this Act has effect, after the repeal of
Part XA of that Act, as if the act were void because of the operation of
subsection 7 (1) or (2) of this Act, as the case requires.

(6) Where a superannuation scheme within the meaning of Part XA of the
Superannuation Act 1976, or an amendment of such a scheme, is of no force or
effect because of the operation of subsection 153AB (4), (5), (6) or (9) of
that Act, this Act has effect, after the repeal of Part XA of that Act, as if
the superannuation scheme or the amendment of the superannuation scheme were a
superannuation arrangement within the meaning of this Act, or an amendment of
such an arrangement, that had no force or effect because of the operation of
subsection 5 (4), (5), (6) or (10) of this Act, as the case requires.

(7) Where:

   (a)  the Minister has declared, under subsection 153AD (3) of the
        Superannuation Act 1976, that that subsection does not apply; and

   (b)  the declaration is in force immediately before the repeal of Part XA
        of that Act; the declaration continues in force, after the repeal, as
        if it were a declaration under subsection 7 (3) of this Act to the
        effect that that subsection does not apply.

(8) Where:

   (a)  the Minister had directed under paragraph 153AD (3) (b) of the
        Superannuation Act 1976 that the person who made a payment recover the
        money paid; and

   (b)  the direction is in force immediately before the repeal of Part XA of
        that Act but proceedings have not been instituted to recover the
        money; the direction continues in force, after the repeal, as if it
        were a direction duly given under paragraph 7 (3) (b) of this Act.

(9) Where any proceedings had been instituted under subsection 153AD (3) of
the Superannuation Act 1976 before the repeal of Part XA of that Act, but
those proceedings had not been completed before that repeal, those proceedings
may be continued, after the repeal, as if Part XA of that Act had not been
repealed.

(10) Where:

   (a)  the Minister makes a determination under subsection 153AD (4) or (5)
        of the Superannuation Act 1976 in relation to a superannuation scheme
        within the meaning of that Act or an amendment of such a scheme; and

   (b)  that determination is in force immediately before the repeal of Part
        XA of that Act; that determination continues in force, after the
        repeal:

   (c)  as if this Act had been in force at the time the determination was
        made; and

   (d)  as if the determination had been made, in relation to that scheme or
        amendment, under and in accordance with the requirements of subsection
        7 (4) or (5) of this Act.

(11) Where:

   (a)  a determination has been made under subsection 153AD (4) or (5) of the
        Superannuation Act 1976; and

   (b)  the determination has not been laid before each House of the
        Parliament before the repeal of Part XA of that Act or has been so
        laid but has not come into effect, or been disallowed, before that
        repeal; that determination is to be treated, after that repeal:

   (c)  as if this Act had been in force on the day when the determination was
        made; and

   (d)  as if the determination had been made under and in accordance with the
        requirements of subsection 7 (4) or (5) of this Act; and

   (e)  if the determination has been laid before each House of the Parliament
        - as if the determination had been laid before each House of the
        Parliament under and in accordance with the requirements of section 7
        of this Act on the day when it was so laid.