Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1992 No. 208 of 1992 - SECT 79

79. Section 14 of the Principal Act is amended:

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

"(ab) where the employer is contributing to the fund in accordance with a law
of the Commonwealth, a State or a Territory for the benefit of the employee in
relation to a contribution period but was not so contributing immediately
before 21 August 1991 for the benefit of any employee;";
(b) by inserting in subsection (2) "(2A), (2B)," and ", law" after
"subsections" and "arrangement" respectively;

   (c)  by inserting after subsection (2) the following subsections:

"(2A) If:

   (a)  the employer is contributing for the benefit of the employee to the
        fund in accordance with an industrial award, or a law of a kind
        referred to in paragraph (1)(ab), that was operative immediately
        before 21 August 1991; and

   (b)  section 13 would operate to determine a notional earnings base in
        relation to the employee if the employer had been so contributing
        immediately before 21 August 1991; the notional earnings base in
        relation to the employee is the notional earnings base referred to in
        paragraph (b).

"(2B) If:

   (a)  the employer is contributing for the benefit of the employee to the
        fund in accordance with the agreement referred to in Order No. 292 of
        1992 of the Coal Industry Tribunal of New South Wales and known as the
        New South Wales Coal Mining Industry Statutory Superannuation Fund
        (Salary Sacrifice) Agreement; and

   (b)  section 13 would operate to determine a notional earnings base in
        relation to the employee if the employer had been so contributing
        immediately before 21 August 1991; the notional earnings base in
        relation to the employee is the notional earnings base referred to in
        paragraph (b).";

   (d)  by inserting in subsection (3) ", a law of a kind referred to in
paragraph (1)(ab)" after "arrangement".