Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1992 No. 187, 1992 - SECT 8

8. After section 6 of the Principal Act the following section is inserted:
Persons engaged in more than one employment

"6A.(1) Subject to subsection (3), if:

   (a)  a person is engaged in more than one employment; and

   (b)  either:

        (i)    in relation to more than one of those employments the person is
               an eligible employee; or

        (ii)   in relation to any such employment, the person would, if that
               were the person's only employment, be an eligible employee or
               entitled to request that a direction be given under section 11,
               13 or 14; this Act has a separate operation in respect of the
               person in relation to any employment in relation to which the
               person is an eligible employee, or any employment mentioned in
               subparagraph (b)(ii), as if that were the person's only
               employment.

"(2) A separate operation of this Act given by subsection (1) in respect of a
person in relation to any employment, being a person who is, or becomes, an
eligible employee in relation to that employment, continues after the person
ceases to be an eligible employee.

"(3) A person who:

   (a)  is an eligible employee and on leave of absence without pay from
        particular employment; and

   (b)  while on such leave engages in other employment; is not, for the
        purposes of this section, because of engaging in that other
        employment, taken to be engaged in 2 different employments.

"(4) If, before the commencement of this section, a person made payments in
respect of any employment that would have been contributions if subsection (1)
had then been in force, that subsection is taken to have been in force in
relation to that person at the time the payments were made or at such earlier
time (not being a time earlier than the commencement of that employment) as
the Commissioner may determine.

"(5) If, because of subsection (1), this Act has a separate operation in
respect of a person in relation to any employment, the person may elect, by
notice in writing to the Commissioner, that that subsection applies to him or
her in respect of that employment before the commencement of this section and,
where such an election is made, that subsection is taken to have been in force
in relation to the person during the period of that employment.

"(6) The regulations may make provision for modifying this Act, or a provision
of this Act specified in the regulations, in the application of this Act or
that provision in relation to a person in respect of whom this Act, because of
subsection (1), has an operation in relation to any employment.".