Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1990 No. 40, 1990 - SECT 9

9. After section 4 of the Principal Act the following sections are inserted:
Definition of ''approved authority'' - declaration for purposes of paragraph
(a)

"4A. (1) Subject to subsection (2), a declaration for the purposes of
paragraph (a) of the definition of 'approved authority' in subsection 3 (1) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901 .

"(2) A declaration referred to in subsection (1) is a Statutory Rule for the
purposes of the Statutory Rules Publication Act 1903.

"(3) A declaration referred to in subsection (1) may be expressed to have
taken effect from and including a day not earlier than 12 months before the
making of the declaration.
Meaning of ''re-employed former contributor with preserved rights''

"4B. For the purposes of this Act, a person is a re-employed former
contributor with preserved rights if:

   (a)  the person:

        (i)    ceased, or last ceased, to be a contributor under the
superseded Act before 1 July 1976; or

        (ii)   ceased, or last ceased, to be an eligible employee
before 1 July 1990; and

   (b)  after his or her so ceasing or last ceasing to be such a
contributor or an eligible employee (as the case may be), a
transfer value in respect of the person was paid to the person
administering a superannuation scheme (other than the scheme
established under the superseded Act or the scheme established
under this Act); and

   (c)  on or after 1 July 1990, the person becomes:

        (i)    a permanent employee; or

        (ii)   a temporary employee; or

        (iii)  the holder of a statutory office (including the office of
Commissioner); or

        (iv)   a person to whom section 14A applies;
and a transfer value that includes the transfer value referred to in
paragraph (b) is payable, or will, on the person's becoming an
eligible employee, be payable, to or in respect of the person
under:

        (v)    the superannuation scheme referred to in paragraph (b); or

        (vi)   another superannuation scheme applicable in relation to any
employment in which the person was employed after ceasing, or
last ceasing, to be a contributor under the superseded Act
or an eligible employee (as the case may be).".