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Superannuation Legislation (Commonwealth Employment—Saving and Transitional Provisions) Bill 1998

Part 3 Provisions consequential on the repeal of the Superannuation Act 1976

   

11   Repealed Act to continue to apply in respect of certain people

             (1)  Despite the repeal of the Superannuation Act 1976 effected by Schedule 2 to the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 1998 , the repealed Superannuation Act 1976 , and any regulations or other instruments that were in force under that Act immediately before its repeal, continue to apply according to their terms but have effect only in respect of people who:

                     (a)  were receiving, or were entitled to receive, pensions or benefits under that Act immediately before the repeal or were entitled at that time to pensions or benefits under that Act that were not immediately payable; or

                     (b)  would have received, or would have become entitled to receive, pensions or benefits under that Act at a later time if it had not been repealed or would have become entitled at a later time under that Act if it had not been repealed to pensions or benefits that were not immediately payable.

             (2)  Part 2 continues to apply in respect of people in respect of whom the repealed Superannuation Act 1976 continues to apply under subsection (1).

             (3)  A reference in any law of the Commonwealth to the Superannuation Act 1976 , to a specified provision of that Act, or to a regulation or other instrument in force under that Act, is taken (except in relation to a time before the repeal of that Act) to be a reference to the repealed Superannuation Act 1976 , to that provision of the repealed Superannuation Act 1976 , or to the regulation or other instrument, as the case may be, as it continues to apply under subsection (1).