Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1994 No. 86, 1994 - SECT 10

10.(1) Section 133 of the Principal Act is amended:

   (a)  by omitting subsections (1), (1AA), (1A), (1B) and (1C) and
        substituting the following subsections:

(1) The Minister and the Board may agree that employment, whether within or
outside Australia, by a person, or by persons included in a class of persons,
is public employment for the purposes of this Division.

(1A) The Minister and the Board may at any time vary or terminate an agreement
made under subsection (1).";

   (b)  by omitting from paragraph (1D)(a) "declared" and substituting
        "agreed";

   (c)  by omitting from subsection (1D) " Board may, by instrument published
        in the Gazette, declare" and substituting "Minister and the Board may
        agree";

   (d)  by omitting subsections (2), (2A) and (3) and substituting the
        following subsections:

(2) An agreement made under this section may be expressed to have taken effect
on a day earlier than the day on which the agreement is made but not earlier
than 1 July 1976.

(2A) An agreement made under this section or a variation of such an agreement:

   (a)  may be expressed to apply only in relation to employment of a person
        included in a class of persons referred to in the agreement; and

   (b)  may be expressed to apply only until a time stated in the agreement.

(2B) The Board must cause notice of the making of an agreement under this
section, or of the variation or termination of such an agreement, to be
published in the Gazette.

(3) A person is taken, for the purposes of this Division, to have been
employed in public employment at a particular time before 1 July 1994 if, and
(except as otherwise provided by an Act other than this Act) 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, referred to in a
        declaration by the Board under subsection 133(1) of the
        Superannuation Act 1976 as in force at that time and, if the
        declaration was 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 133(1D) of the
        Superannuation Act 1976 as in force at that time was, or is taken to
        have been, in force at that time in relation to the person.

(3A) A person is taken, for the purposes of this Division, to have been
employed in public employment at a particular time on or after 1 July 1994 if,
and (except as otherwise provided by an Act other than this Act) 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, referred to in an
        agreement under subsection (1) that was in force at that time and, if
        the agreement was expressed to apply only in relation to the
        employment of a person included in a class of persons, the person was
        included in the class; or

   (b)  an agreement made between the Minister and the Board under subsection
        (1D) was, or is taken to have been, in force at that time in relation
        to the person.";

   (e)  by omitting from subsection (4) "A declaration" and substituting "An
        agreement".

(2) A declaration made by the Board under subsection 133(1) of the Principal
Act (including, to remove any doubt, a declaration that is taken, by
subsection 46(2) of the Superannuation Legislation Amendment Act 1991, to have
been made by the Board under subsection 133(1) of the Superannuation Act 1976)
is taken, for the purposes of section 133 (other than subsection 133(3)) of
the Principal Act as amended by this section, to be an agreement made between
the Minister and the Board under subsection 133(1) of the Principal Act as
amended by this section.

(3) A declaration made by the Board under subsection 133(1D) of the Principal
Act is taken, for the purposes of section 133 of the Principal Act as amended
by this section, to be an agreement made between the Minister and the Board
under subsection 133(1D) of the Principal Act as amended by this section.