Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

 Download WordDownload Word  Download PDFDownload PDF 


Bill home page
Table Of Contents
Previous Fragment    Next Fragment
Superannuation Legislation (Commonwealth Employment—Saving and Transitional Provisions) Bill 1998

Part 6 Provisions consequential on the repeal of the Superannuation Act 1922

   

19   Repealed Act to continue to apply in respect of certain people

             (1)  Despite the repeal of the Superannuation Act 1922 effected by Schedule 6 to the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 1998 , the repealed Superannuation Act 1922 (other than sections 140 and 149B), and any regulations or other instruments that were in force under that Act immediately before its repeal, continue to apply, subject to subsection (2), according to their terms but have effect only in respect of people who:

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or would have become entitled to receive, pensions or benefits under that Act at a later time if it had not been repealed or would have become entitled at a later time under that Act if it had not been repealed to pensions or benefits that were not immediately payable.

             (2)  A reference in the repealed Superannuation Act 1922 , or in any regulations or other instruments under that repealed Act, as that repealed Act and those regulations or other instruments continue to apply under subsection (1), to the Superannuation Board that was constituted by that Act or to the Commissioner for Superannuation is taken, unless the context otherwise requires, to be a reference to the Commonwealth Superannuation Board.

             (3)  A reference in any law of the Commonwealth to the Superannuation Act 1922 is taken (except in relation to a time before the repeal of that Act) to be a reference to the repealed Superannuation Act 1922 as it continues to apply under this section.

20   Things done by or in relation to former authorities to be treated as having been done by or in relation to Commonwealth Superannuation Board

             (1)  Any determination, declaration, decision or payment made, any direction, approval or notice given, any contract or arrangement entered into, or any other thing done, under or for the purposes of the Superannuation Act 1922 , at a time (the relevant time ) before its repeal, by:

                     (a)  the Superannuation Board that was constituted by the repealed Act; or

                     (b)  the Commissioner for Superannuation referred to in Part II of the Superannuation Act 1976 as in force at the relevant time; or

                     (c)  a delegate of that Board or of the Commissioner;

is taken, for the purposes of the repealed Superannuation Act 1922 as it continues to apply under section 19, to have been made, given, entered into or done by the Commonwealth Superannuation Board as if that Board had been in existence at the relevant time.

             (2)  Any payment made, any notice given, or any other thing done, under or for the purposes of the Superannuation Act 1922 , at a time (the relevant time ) before its repeal, to or in respect of:

                     (a)  the Superannuation Board that was constituted by the repealed Act; or

                     (b)  the Commissioner for Superannuation referred to in Part II of the Superannuation Act 1976 as in force at that time; or

                     (c)  a delegate of that Board or of the Commissioner;

is taken, for the purposes of the repealed Superannuation Act 1922 as it continues to apply under section 19, to have been made, given or done to or in respect of the Commonwealth Superannuation Board as if that Board had been in existence at the relevant time.