Commonwealth Numbered Acts

SUPERANNUATION AMENDMENT ACT 1976 No. 32, 1976 - SECT 39

39. (1) Division 3 of Part IV of the Principal Act is repealed.

(2) Where any suspension of a person's pension was in force immediately
before 1 July 1976 under section 64A of the Principal Act by virtue of the
person's having failed to comply with a notice requiring him to submit himself
for medical examination or by virtue of the person's having failed to comply
with a notice requiring him to furnish information to the Superannuation
Board, section 74 of the Superannuation Act 1976, with such modifications (if
any) as are prescribed under sub-section 180 (2) of that Act, applies in
relation to the suspension as if the notice had been given, and the pension
suspended, by the Commissioner for Superannuation under section 74 of that
Act.

(3) Where any suspension of a pension was in force immediately before 1 July
1976 under section 65 of the Principal Act, then, notwithstanding the repeal
effected by sub-section (1) of this section, the provisions of sub-sections
(7), (8) and (9) of section 65 of the Principal Act continue to have effect in
relation to the suspended pension, but, in the application of those provisions
on and after 1 July 1976 in relation to the suspended pension, any reference
in those provisions to the Board shall be read as including a reference to the
Commissioner for Superannuation.

(4) Where a pension of a kind referred to in section 64A or section 65 of the
Principal Act is suspended under section 74 of the Superannuation Act 1976 and
the pensioner dies before the pension again becomes payable, he shall, for the
purposes of the Principal Act as amended by this Act, be deemed to have been
in receipt of the pension at the time of his death at the rate at which it
would have been payable to him if it had not been suspended.

(5) Where a pension of a kind referred to in section 64A or section 65 of the
Principal Act is suspended under section 74 of the Superannuation Act 1976 and
that pension again becomes payable to the pensioner, the pensioner shall, for
the purposes of the application of Parts XB and XI of the Principal Act as
amended by this Act, be deemed to have been in receipt of the pension during
the period of the suspension at the rate at which it would have been payable
to him if it had not been suspended.