Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1990 No. 40, 1990 - SECT 8

8. (1) Section 3 of the Principal Act is amended:
(a) by omitting from the definition of "accumulated basic
contributions" in subsection (1) ", in accordance with the
regulations,";
(b) by omitting from the definition of "accumulated
supplementary contributions" in subsection (1) ",
in accordance with the regulations,";
(c) by omitting from paragraph (a) of the definition of "approved
authority" in subsection (1) "specified in the regulations
as an approved authority for the purposes of this Act, being -

" and substituting "declared by the Minister to be an approved
authority for the purposes of this Act and is:";

   (d)  by adding at the end of each of subparagraphs (a) (i) and (ii) of
     the definition of "approved authority" in subsection (1) "or";


   (e)  by adding at the end of paragraph (a) of the definition of
       "approved authority" in subsection (1) the following

subparagraph:

"(V) a company or other body corporate incorporated, whether
before or after the commencement of this subparagraph, under an
Act or a law of a State or Territory, being a company or body
corporate in which:

   (a)  an authority or body referred to in subparagraph (i),

        (ii)   , (iii) or (iv), has; or

   (b)  the Commonwealth and one, or more than one, such
authority or body together have; or

   (c)  2 or more such authorities or bodies together have;
a controlling interest; or";

   (f)  by adding at the end of each of paragraphs (h) and (j) of the
       definition of "eligible employee" in subsection (1) "or";

(g) by adding at the end of the definition of "eligible employee" in
subsection (1) the following word and paragraph:

"or (m) a person who, under section 15A, is excluded from this
definition.";

   (j)  by omitting from the definition of "period of
contributory service"in subsection (1) "(less any period during
that period when the person was on leave of absence without
pay and in respect of which sub-section 51 (1) applies or
was absent from duty and in respect of which sub-section 51A (1)

(1) applies)"and substituting the following words and paragraphs:

"(less any period during that period that is:

   (a)  a period of leave of absence in respect of which subsection
51 (1) applies to the person; or

   (b)  a period of absence from duty in respect of which subsection
51a (1) as in force before 1 July 1990 applies to
the person; or

   (c)  a period that is taken, under subsection 51A (5)
as in force on and after 1 July 1990, to be a
non-contributory of period of service for the person;)";

   (k)  by inserting in subsection (1) the following definitions:

" 'accumulated employer contributions' has the meaning given by
section 110Q;
'approved medical practitioner' means a medical practitioner
approved by the Commissioner for the purposes of this Act;
'asking a question' includes making a request (whether oral or in
writing) for information;
'Board' means the Commonwealth Superannuation Board
established under section 27A;
'Chief Executive Officer' means the Chief Executive Officer of
the Trust appointed under section 44AA;
'Fund accumulated employer contributions', in relation to a
person, means the person's accumulated employer contributions
less any part of them that is:

   (a)  a notional interim benefit of the person within the meaning
of Part VIA; or

   (b)  interest on that benefit;
'partially dependent child', in relation to a person who has died
who has dies and was, at the time of his or her death, an
eligible employee or a retirement pensioner, means a person:

   (a)  who is a child of the deceased person other than:

        (i)    an eligible child; or

        (ii)   (where the deceased person was a retirement pensioner at
the time of his or her death) a child who, by
virtue of section 9, is deemed not to be a partially
dependent child for the purposes of this Act; and

   (b)  who is a person the 16th anniversary of whose birth has not
occurred or is a person:

        (i)    the 16th anniversary of whose birth has occurred but
the 25th anniversary of whose birth has not occurred; and

        (ii)   who is receiving full-time education at a school,
college or university; and

        (iii)  who is not ordinarily in employment or engaged
in work on his or her own account; and

   (c)  to or in respect of whom, immediately before the deceased
person's death, the deceased person was voluntarily making, or
required by a court to make, regular maintenance payments; 're-employed former
contributor with preserved rights' has the meaning given by section 4B; 'Rules
for the administration of the Superannuation (1990) Scheme' means the rules
for the administration of that scheme set out in the Schedule to the deed by
which that scheme was established; 'Superannuation (1990) Scheme' means the
Superannuation Scheme established by deed under the Superannuation Act 1990;".

(2) Regulations made for the purposes of the definition of "approved
authority" in subsection 3 (1) of the Principal Act and in force immediately
before 1 July 1990:

   (a)  remain in force on and after that date; and

   (b)  are taken to be declarations made by the Minister for the
purposes of that definition as in force on and after
that date; and

   (c)  may be amended or repealed by such declarations.

(3) On and after 1 July 1990, an approval that, immediately before that
date, was in force for the purposes of the definition of "approved medical
practitioner" in subsection 16 (1) of the Principal Act has effect as if it
were an approval under the definition of "approved medical practitioner" in
subsection 3 (1) of the Principal Act as amended by this Act.