Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1994 No. 86, 1994 - SECT 72

72.(1) Section 168 of the Principal Act is amended:

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

(1A) If a provision of this Act refers to a provision (the 'former provision')
of the Rules for the administration of the Superannuation (1990) Scheme, then:

   (a)  if a change is made to those Rules so that the former provision is
        replaced by another provision of those Rules (the 'new provision')-the
        regulations may amend this Act by om itting from that provision of
        this Act the reference to the former provision and substituting a
        reference to the new provision; or

   (b)  if those Rules are replaced by new Rules-the regulations may amend
        this Act by omitting from that provision of this Act the reference to
        the former provision and substituting a reference to the corresponding
        provision of the new Rules.

(1B) Regulations made as mentioned in subsection (1A) may commence on a day
earlier than the day on which they are made, but not earlier than the day on
which the former provision was replaced by the new provision or by the
corresponding provision of the new Rules, as the case may be.";

   (b)  by adding at the end the following subsections:

(15) Regulations made after the commencement of this subsection:

   (a)  for the purpose of the definition of 'statutory office' in subsection
        3(1); or

   (b)  for the purpose of section 14A; may commence on a day not earlier than
        12 months before the making of the regulations.

(16) If regulations are made after the commencement of this subsection for a
purpose referred to in subsection (15) and, before the start of the period of
12 months before the making of the regulations, contributions have been
accepted from, or in respect of:

   (a)  if the regulations are made for the purpose mentioned in paragraph
        (15)(a)-the holder of the statutory office concerned; or

   (b)  if the regulations are made for the purpose mentioned in paragraph
        (15)(b)-a person to whom the regulations relate; the regulations may
        commence on a day not earlier than the earliest day on which
        contributions were so accepted.".

(2) Regulations made before the commencement of this section for the
purposes of the definition of "statutory office" in subsection 3(1), or for
the purposes of section 14A, of the Superannuation Act 1976 that purported to
take effect on a day earlier than the day on which the regulations were made
have the effect, and are taken to have at all times had the effect, that they
would have, or would have had, if subsections 168(15) and (16) of the
Principal Act as amended by subsection (1) of this section had been in force
when the regulations were made.