Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPERANNUATION ACT 1990 No. 38, 1990 - SECT 3

Interpretation
3. In this Act, unless the contrary intention appears:

"accumulated funded contributions", in relation to a person who has ceased to
be a member, means the sum of:

   (a)  the person's accumulated member contributions (within the meaning of
        the Rules); and

   (b)  the person's accumulated funded employer contributions (within the
        meaning of the Rules);

"approved authority" means:

   (a)  an authority or body that was, immediately before the commencement of
        the Superannuation Scheme, an approved authority for the purposes of
        the Superannuation Act 1976 (other than any such authority or body
        declared, in writing, by the Minister not to be an approved authority
        for the purposes of this Act); and

   (b)  an authority or body (not being an approved authority by virtue of
        paragraph (a)) that is declared, in writing, by the Minister to be an
        approved authority for the purposes of this Act and is:

        (i)    a body corporate incorporated for a public purpose by an Act
or regulations made under an Act or by a law of a Territory; or

        (ii)   an authority or body, not being a body corporate, established
for a public purpose by, or under, an Act or regulations made
under an Act or by or under a law of a Territory; or

        (iii)  a company or other body corporate incorporated under an
Act or a law of a State or Territory, being a company or body
corporate in which the Commonwealth has a controlling interest;
or

        (iv)   an authority or body (whether established by or under an
Act or regulations made under an Act or by or under a law of a
Territory or otherwise, and whether a body corporate or not)
financed wholly or substantially, either directly or indirectly, by
money provided by the Commonwealth; or

        (v)    a company or other body corporate incorporated under an
Act or a law of a State or Territory, being a company or body
corporate in which:

                (A)  an authority or body referred to in subparagraph (i),
                     (ii), (iii)
or (iv), has; or

                (B)  the Commonwealth and one, or more than one, such
authority or body together have; or

                (C)  2 or more such authorities or bodies together have;
a controlling interest;

"Board" means the Commonwealth Superannuation Board of Trustees No. 1
established by section 20;

"Chairperson" means the Chairperson of the Board;

"Commissioner" means the person who for the time being:

   (a)  holds the office of; or

   (b)  is acting as; Commissioner for Superannuation under Part II of the
        Superannuation Act 1976;

"Fund" means the fund established, and vested in the Board, by the Trust Deed;

"permanent employee" means:

   (a)  a person who is an officer for the purposes of the Public
Service Act 1922; and

   (b)  any other person employed in a permanent capacity by the
Commonwealth or by an approved authority;

"Rules" means the Rules for the administration of the Superannuation Scheme
set out in the Schedule to the Trust Deed;

"statutory office" means:

   (a)  an office established by an Act, by regulations made under
an Act or by a law of a Territory; or

   (b)  an office declared, in writing, by the Minister to be a
statutory office for the purposes of this Act;

"Superannuation Scheme" means the superannuation scheme established by the
Trust Deed;

"temporary employee" means:

   (a)  a person who is an employee for the purposes of the Public
Service Act 1922; and

   (b)  any other person employed, otherwise than in a permanent
capacity, by the Commonwealth or by an approved authority; but does not
include a person engaged or appointed for employment outside Australia only
(other than such a person who is declared, in writing, by the Minister to be a
person to whom this definition applies);

"Trust" means the Superannuation Fund Investment Trust established by section
28 of the Superannuation Act 1976;

"Trust Deed" means the deed referred to in section 4 and includes that deed as
subsequently amended under section 5;

"trustee" means a person who holds office as a trustee of the Board and
includes the Chairperson. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback