Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1994 No. 86, 1994 - SECT 8

8.(1) Section 51 of the Principal Act is amended by omitting subsections (1),
(1A), (2), (2A), (2B) and (2C) and substituting the following subsections:

(1) This section applies to a personif:

   (a)  the person is, or at any time has been, an eligible employee; and

   (b)  the person, while an eligible employee, has been on leave of absence
        without pay for a period longer than 12 weeks; and

   (c)  the period of leave of absence is not an excluded period of leave of
        absence.

(2) For the purposes of subsection (1), the following periods of leave of
absence of a person are, subject to subsection (2B), excluded periods of leave
of absence:

   (a)  a period of leave of absence during which the person's liability to
        make contributions is deferred under subsection 54( 1);

   (b)  a period of sick leave without pay that is a continuous period of less
        than 2 years;

   (c)  if a period of sick leave without pay is a continuous period of 2
        years or longer-the part of the period that is less than 2 years;

   (d)  a period of compensation leave granted under the Safety,
        Rehabilitation and Compensation Act 1988;

   (e)  a period of leave of absence granted for the purpose of undertaking a
        course of studies approved by the person's employer except:

        (i)    a period in respect of which the person elects not to make
               basic contributions; or

        (ii)   if the period of leave of absence is a continuous period of 2
               years or longer-the part of the period that begins on the last
               day of those 2 years;

   (f)  subject to subsection (2A), a period of leave of absence for the
        purpose of engaging in other employment (other than employment by an
        approved organisation) if:

        (i)    in respect of a person who is employed in a Department (within
               the meaning of the Public Service Act)-the Secretary (within
               the meaning of that Act) of the Department is satisfied that
               the engaging by the person in the other employment is in the
               interests of the Australian Public Service; or

        (ii)   in respect of any other person-the person's employer is
               satisfied that the engaging by the person in the other
               employment is in the employer's interests;

   (g)  subject to subsection (2A), a period of leave of absence for the
        purpose of engaging in employment by an approved organisation;

   (h)  subject to subsection (2BC), a period of leave of absence in respect
        of which there is in force an agreement made (whether before or after
        the end of the period) between the Minister and the Board declaring
        the period to be an excluded period of leave of absence.

(2A) Subject to subsection (2BA), paragraph (2)(f) or (g) does not apply in
respect of a period, or a part of a period, of leave of absence granted to a
person unless the following requirements have been complied with:

   (a)  if the person is ordinarily employed by one of the following
        Governments, authorities or bodies (the 'usual employer'):

        (i)    the Government of the Australian Capital Territory or of the
               Northern Territory;

        (ii)   an authority or body established by or under a law of the
               Australian Capital Territory or of the Northern Territory;

        (iii)  the Australian National University;

        (iv)   the Snowy Mountains Hydro-electric Authority;

        (v)    another authority or body declared by the Minister, by signed
               writing, to be an authority or body to which this subparagraph
               applies; the person's employer in respect of the employment
               engaged in during the period, or the part of the period, of
               leave of absence (the 'temporary employer') makes payments to
               the usual employer of such amounts, or at such rates, as are
               determined in respect of the person during the period or the
               part of the period by:

        (vi)   if the usual employer is an authority or body established by or
               under a law of the Australian Capital Territory or of the
               Northern Territory-the Government of the Territory concerned;
               or

        (vii)  otherwise-the usual employer;

   (b)  if the person is ordinarily employed by one of the following
        authorities or bodies (the 'usual employer') that is not an authority
        or body referred to in paragraph (a):

        (i)    an approved authority;

        (ii)   another authority or body referred to in subsection 159(1);

        (iii)  a body referred to in item 2.1 of Schedule 1 to the
               Superannuation (Continuing Contributions for Benefits)
               Regulations; the person's employer in respect of the employment
               engaged in during the period, or the part of the period, of
               leave of absence (the 'temporary employer'):

        (iv)   makes payments to the usual employer of such amounts, or at
               such rates, as the Minister determines in respect of the person
               during the period or the part of the period; and

        (v)    makes those payments at the times at which payments are
               required to be made to the Commonwealth under section 159 by
               authorities or bodies to which that section applies;

   (c)  if the person is ordinarily employed by someone other than a
        Government, authority or body referred to in paragraph (a) or (b)-the
        person's employer in respect of the employment engaged in during the
        period, or the part of the period, of leave of absence (the 'temporary
        employer') makes payments to the Commonwealth of such amounts or at
        such rates, and at such times, as the Minister determines in respect
        of the person during the period or the part of the period.

(2B) Subject to subsection (2BA), except in respect of a person who is not a
productivity employee or is, under an agreement made between the Minister and
the Board, exempted from the operation of this subsection, subsection (2) does
not apply in respect of a period, or a part of a period, of leave of absence
granted to a person unless:

   (a)  if the leave of absence was granted so that the person could engage in
        other employment-the other employer; or

   (b)  otherwise-the employer by whom the person is ordinarily employed;
        makes payments to the Board in respect of the person, during the
        period, or the part of the period, of leave of absence, of
        productivity contributions of the amounts worked out under section
        110C.

(2BA) Subsections (2A) and (2B) have effect in relation to a particular period
of leave granted to a person, or a particular part of such a period, subject
to any modifications agreed between the Minister and the Board in relation to
the person in respect of the period or the part of the period, as the case may
be.

(2BB) In paragraphs (2)(f) and (g):
'approved organisation' means:

   (a)  an organisation registered under the Industrial Relations Act 1988
        whose membership includes people who are eligible employees or members
        of the Superannuation (1990) Scheme; or

   (b)  a body consisting of organisations referred to in paragraph (a).

(2BC) An agreement made under paragraph (2)(h) in respect of a period of leave
of absence may be subject to such conditions as are set out in the agreement,
and, if any such conditions are contravened in relation to the period or a
part of the period, that paragraph does not apply in respect of the period or
the part of the period, as the case may be.

(2BD) The Minister and the Board may at any time vary or terminate an
agreement made under paragraph (2)(h).".

(2) The amendments made by subsection (1) apply only to periods of leave of
absence beginning on or after 1 July 1994 and, despite the amendments, section
51 of the Principal Act continues to have effect in respect of periods of
leave of absence beginning before that date as if the amendments had not been
made.

(3) If a person was granted leave of absence before 1 July 1994 for a period
(the "relevant period") beginning before that date but ending on or after that
date, the reference in subsection (2) to a period of leave of absence
beginning before that date:

   (a)  includes a reference to the part of the relevant period that occurs on
        or after that date; but

   (b)  does not include a reference to the period of any extension of the
        relevant period that is granted on or after that date.