Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1992 No. 187, 1992 - SECT 33

33. Section 133 of the Principal Act is amended:

   (a)  by inserting after subsection (1) the following subsection:

"(1AA) A declaration under subsection (1) may be expressed to apply only in
relation to the employment of a person included in a class of persons
specified in the declaration.";

   (b)  by inserting after subsection (1C) the following subsection:

"(1D) If:

   (a)  employment by a person has been declared (whether or not by reference
        to a class of persons) under subsection (1) to be public employment
        for the purposes of this Division; and

   (b)  apart from this subsection, employment of persons generally, or of a
        class of persons, by that person would cease at a particular time to
        be public employment for the purposes of this Division; the Board may,
        by instrument published in the Gazette, declare that a person, or a
        person included in a class of persons, who was employed in public
        employment for the purposes of this Division immediately before that
        time because of that employment continues to be so employed.";
(c) by inserting in subsection (2) "or (1D)" after "subsection (1)";

   (d)  by inserting after subsection (2) the following subsection:

"(2A) A declaration under this section that is expressed to expire at a
specified time ceases to be in force at that time.";

   (e)  by omitting subsection (3) and substituting the following subsection:

"(3) A person is to be taken, for the purposes of this Division, to have been
employed in public employment at a particular time if, and only if:

   (a)  the employer by whom the person was employed at that time was a
        person, or was included in a class of persons, specified in a
        declaration by the Board under subsection (1) that was, or is deemed
        to have been, in force at that time and, in the case of a declaration
        expressed to apply only in relation to the employment of a person
        included in a class of persons, the person was included in that class;
        or

   (b)  a declaration by the Board under subsection (1D) was, or is deemed to
        have been, in force at that time in relation to that person.".