Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 125

PART IX-PRESERVATION OF RIGHTS OF CERTAIN ELIGIBLE EMPLOYEES

Division 1-Preliminary
125. (1) In this Part, unless the contrary intention appears-

''employment'' does not include employment on a part-time basis except as
otherwise provided by the regulations;

''life policy'' means a life policy as defined by sub-section 4 (1) of the
Life Insurance Act 1945 or of that Act as amended and in force from time to
time;

''rules'', in relation to a superannuation scheme, means the rules governing
the operation of the scheme, whether contained in a law or in a trust deed or
other instrument;

''superannuation scheme'' means a superannuation or retirement scheme, however
established, and includes the superannuation scheme constituted by this Act
and the superannuation scheme constituted by the superseded Act.

(2) For the purposes of this Part, the membership by a person of a House of
the Parliament of the Commonwealth or of a State shall be treated as if it
were employment of the person by the Commonwealth or by that State, as the
case may be.

(3) For the purposes of this Part, membership by a person of the Legislative
Assembly for the Northern Territory or a legislative or advisory body for
another Territory prescribed for the purposes of section 47C of the Public
Service Act shall be treated as if it were employment of the person by the
Commonwealth.

(4) For the purposes of this Part, a benefit payable under a superannuation
scheme to or in respect of a member of the scheme shall not be taken to have
been based partly on contributions by the employer by reason only that the
benefit included interest upon contributions made under the scheme by the
member.

(5) A person in respect of whom benefits are applicable under a
superannuation scheme by reason of his being employed in any employment,
whether or not he has made contributions under the scheme, shall be deemed to
be a member of the superannuation scheme.

(6) Where, in pursuance of this Part, the Commissioner has power to make a
determination in relation to a matter, the power shall be construed as
including a power, exercisable in the like manner and subject to the like
conditions (if any), to vary a determination so made.