New South Wales Consolidated Acts

NEW SOUTH WALES RETIREMENT BENEFITS ACT 1972 - SECT 64

64 Amendment of Schedules 2 and 2A

(1) On the recommendation of the Minister, the Governor may, by order published on the NSW legislation website, amend Schedule 2 by inserting matter therein or by omitting matter therefrom and may, by the same or a different order so published, make a declaration for the purposes of subsection (3).

(1A) On the recommendation of the Minister, the Governor may, by order published on the NSW legislation website, amend Schedule 2A by inserting matter therein or by omitting matter therefrom.

(2) An order under subsection (1) or (1A) takes effect on the day of its publication on the NSW legislation website or, where the order specifies that it takes effect on a specified later day, on that later day.

(3) Where the Governor, by an order under subsection (1), so declares in relation to the employer of a person who becomes an employee within the meaning of this Act by virtue of the order, the total contributor liability of that employer under this Act in respect of that employee shall be met by the employer by his making to the Fund, while the employee is employed by him, periodic payments at a rate to be notified by the Board to the employer as the rate determined by the Board to be necessary to meet the maximum possible liability of the employer, having regard to the contribution rate of the employee and the possibility of his being employed by that or any other employer until he attains the age of sixty-five years.

(4) The name of an association of employees may, by an order under subsection (1) be added to the First Column of Schedule 2 if a substantial number of the members of the association are contributors.

(5) An order may not be made under subsection (1) or (1A) if it would operate to deprive a person of any right conferred upon him by this Act before the making of the order.