Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1986 No. 80, 1986 - SECT 29

29. (1) Section 145 of the Principal Act is repealed and the following section
is substituted: Payments to the Commonwealth by approved authorities

"145. (1) Where any pension or other benefit is payable on or after 1 July
1976 under this Act to or in respect of any person who was employed by an
approved authority, the authority shall pay to the Commonwealth, in respect of
the payment of that pension or other benefit-

   (a)  such amount as the Minister determines; or

   (b)  an amount calculated in accordance with a method determined by the
        Minister in respect of the authority or in respect of authorities
        included in a class of authorities to which the authority belongs, and
        the authority may apply for that purpose any moneys under its control.

"(2) A determination under sub-section (1) may be made at any time before or
after the pension or other benefit becomes payable.

"(3) Nothing in sub-section (1) shall be taken to imply that 2 or more
authorities cannot, under that sub-section, be liable to pay amounts to the
Commonwealth in respect of the same amount, being an amount that has been paid
to or in respect of a person who has been employed by each of those
authorities.

"(4) An authority may, and, if the Minister so directs, shall, enter into an
arrangement with the Minister 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 (1), being an
arrangement that the Minister 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
persons who have been employed by the authority and the authority may apply
for the purposes of the arrangement any moneys under its control.

"(5) Where-

   (a)  but for this sub-section, an authority would be liable to pay to the
        Commonwealth an amount or amounts in respect of any pension or other
        benefit that was paid before 1 July 1976 under this Act; and

   (b)  the Minister determines that the authority should be relieved of that
        liability, the authority ceases, upon the making of the determination,
        to be liable for that amount or those amounts.

"(6) The reference in sub-section (1) to an amount determined by the Minister,
or to an amount calculated in accordance with a method determined by the
Minister, shall be read as including a reference to a nil amount.".

(2) An arrangement entered into in pursuance of sub-section 145 (2) of the
Principal Act and in force immediately before the commencement of this section
continues in force, on and after the commencement of this section, for the
purposes of the Principal Act as amended by sub-section (1) as if the
arrangement had been entered into under sub-section 145 (4) of the Principal
Act as so amended.