New South Wales Consolidated Acts

NEW SOUTH WALES RETIREMENT BENEFITS ACT 1972 - SECT 66

66 Restoration of lost right etc under Act

(1) Where a person is entitled to exercise a right or enjoy a privilege or benefit under this Act and, without having exercised the right or enjoyed the privilege or benefit, he ceases to be entitled so to do, he may exercise the right or enjoy the privilege or benefit if:

(a) the Board, being satisfied that it is just and equitable that it should do so, gives its consent to the exercise by him of the right or the enjoyment by him of the benefit or privilege, and

(b) he fulfils any conditions, and complies with any requirements, imposed by the Board in giving its consent.

(2) Where pursuant to subsection (1) the Board consents to an election, or an application to the Board, being made after the time before which, but for that consent, it should have been made, the Board may, if it thinks fit, deal with the election or application as if it had been made before that time.

(3) Without limiting the generality of subsection (2), subsections (6) and (6A) of section 12 apply to and in respect of the employer of a person who makes an election under this section and who was, immediately before he made the election, a participant in a superannuation scheme by virtue of his employment, in the same way as those subsections apply to and in respect of the employer of a person referred to in section 12 (1) (a) (ii) who makes an election under section 12 (2).