Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 186

186. (1) A reference in sub-section (3), (5), (6) or (9) to the notional basic
contribution applicable to an existing contributor on a particular day shall
be read as a reference to the amount that would, but for sub-section (2) or
(4), be the amount of his basic contribution on that day.

(2) Where the amount of the previous contribution (excluding contribution for
reserve units) of an existing contributor who has not attained the age of 40
years on the commencing day is less than four-fifths, but not less than
three-fifths, of the amount that, but for this sub-section, would be the
amount of the basic contribution required to be made by him on the first
contribution day, section 46 applies in relation to him in respect of each
contribution day occurring before or on the anniversary of his birth next
following the commencing day as if-

   (a)  the reference in section 46 to 5 per centum were a reference to 4 per
        centum; and

   (b)  the reference in that section to 10 cents were a reference to 8 cents.

(3) Where an existing contributor referred to in sub-section (2) makes an
election under sub-section 48 (1) before the anniversary of his birth next
following the commencing day, then, for the purpose of calculating the amount
of the supplementary contribution payable by the contributor on a contribution
day occurring before or on that anniversary-

   (a)  section 49 has effect as if the reference in that section to the basic
        contribution payable by the contributor on a contribution day were a
        reference to the notional basic contribution applicable to him on that
        day; and

   (b)  if the factor specified in the election is 5 and the contibutor
        requests in the election that this paragraph apply in relation to the
        election-the election shall, for the purposes of section 49, be
        treated as if the factor specified in the election were 6.

(4) Where the amount of the previous contribution (excluding contribution for
reserve units) of an existing contributor who had not attained the age of 40
years on the commencing day is less than three-fifths of the amount that, but
for this sub-section, would be the amount of the basic contribution required
to be made by him on the first contribution day-

   (a)  section 46 applies in relation to him in respect of each contribution
        day occurring before or on the anniversary of the contributor's birth
        next following the commencing day as if-

        (i)    the reference in section 46 to 5 per centum were a reference to
               3 per centum; and

        (ii)   the reference in that section to 10 cents were a reference to 6
               cents; and

   (b)  section 46 applies in relation to the contributor in respect of each
        contribution day occurring after that anniversary of the contributor's
        birth and before the anniversary of the contributor's birth next
        following that anniversary as if-

        (i)    the reference in section 46 to 5 per centum were a reference to
               4 per centum; and

        (ii)   the reference in that section to 10 cents were a reference to 8
               cents.

(5) Where an existing contributor referred to in sub-section (4) makes an
election under sub-section 48 (1) before the anniversary of his birth next
following the commencing day, then, for the purpose of calculating the amount
of supplementary contribution payable by him on a contribution day occurring
before or on the anniversary of his birth next following that first-mentioned
anniversary-

   (a)  section 49 has effect as if the reference in that section to the basic
        contribution payable by the contributor on a contribution day were a
        reference to the notional basic contribution applicable to the
        contributor on that day; and

   (b)  if the factor specified in the election is 5 and the contributor
        requests in the election that this paragraph apply in relation to
        him-the election shall, for the purposes of section 49, be treated-

        (i)    if the contribution day occurs before that first-mentioned
               anniversary-as if the factor specified in the election were 7;
               and

        (ii)   if the contribution day occurs on or after that firstmentioned
               anniversary-as if the factor specified in the election were 6.

(6) Where an existing contributor referred to in sub-section (4) makes an
election under sub-section 48 (1) on or after the anniversary of his birth
next following the commencing day but before the anniversary of his birth next
following that first-mentioned anniversary, then, for the purpose of
calculating the amount of the supplementary contribution payable by the
contributor on a contribution day occurring before or on that later
anniversary-

   (a)  section 49 has effect as if the reference in that section to the basic
        contribution payable by the contributor on a contribution day were a
        reference to the notional basic contribution applicable to him on that
        day; and

   (b)  if the factor specified in the election is 5 and the contributor
        requests in the election that this paragraph apply in relation to
        him-the election shall, for the purposes of section 49, be treated as
        if the factor specified in the election were 6.

(7) A contributor who has made a request referred to in paragraph (3) (b), (5)
(b) or (6) (b) may, by notice in writing to the Commissioner, revoke the
request and, where a contributor revokes such a request, whichever of those
paragraphs is relevant shall cease to apply to him as from the contribution
day next following the date of the instrument of revocation.

(8) Where the anniversary of the birth of an existing contributor falls on the
commencing day or on any subsequent day before the first contribution day, the
preceding provisions of this section shall apply in relation to him with such
modifications (if any) as are prescribed.

(9) Where the amount of the previous contribution (including contribution for
reserve units) of an existing contributor who has not attained the age of 40
years on the commencing day is less than the amount of notional basic
contribution applicable to him on that day, he shall, in addition to any
supplementary contributions which he is required to pay to the Commissioner by
virtue of an election made by him under sub-section 48 (1), pay to the
Commissioner such additional contributions (if any) as are ascertained in
accordance with the regulations and any contributions so paid shall, for the
purposes of this Act, be deemed to be supplementary contributions paid under
section 48.