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MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994 - SECT 50

Transitional provision relating to the Crimes (Superannuation Benefits) Act 1989

  (1)   Subject to this section, if:

  (a)   a person who is an employee of the Authority before the sale day committed a corruption offence while such an employee; and

  (b)   the person becomes an employee of Newco on the sale day under section   8;

then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if a Newco body were a Commonwealth authority.

  (2)   A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a Newco body after the sale day.

  (3)   In spite of paragraph   19(3)(d) of the Crimes (Superannuation Benefits) Act 1989 , an order under that paragraph may only specify that an amount paid to the Commonwealth before the sale day by or on behalf of the Authority belongs to the Commonwealth.

  (4)   If:

  (a)   a person who was an employee of the Authority immediately before the sale day committed a corruption offence while such an employee; and

  (b)   the person was paid benefits before, on or after the sale day, out of the Consolidated Revenue Fund;

then, in spite of paragraph   19(4)(b) of the Crimes (Superannuation Benefits) Act 1989 , an order under that paragraph may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.

  (5)   A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a Newco body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person after the sale day.

  (6)   Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same respective meanings as in that Act.



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