Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 151, 1986 - SECT 73

73. Section 167A of the Principal Act is repealed and the following section is
substituted: Provision of superannuation under other laws, &c.

"167A. (1) Where a person holds an office or appointment, or is employed,
under a relevant law, superannuation benefits for or in relation to the person
shall not be provided under that law or under terms and conditions of
employment determined under that law unless-

   (a)  the relevant law expressly provides for the provision of those
        benefits; or

   (b)  the relevant law allows the provision of those benefits and the
        Minister has, by writing signed by the Minister, approved the
        provision of those benefits.

"(2) Where a person holds an office or appointment in, or is employed by, a
relevant body, that body shall not provide, or arrange for the provision of,
superannuation benefits for or in relation to the person unless the body has
power to provide those benefits and the Minister has, by writing signed by the
Minister, approved the provision of those benefits.

"(3) An approval by the Minister for the purposes of this section of the
provision of superannuation benefits may be approval of the provision under-

   (a)  a superannuation scheme that will provide benefits only for, or in
        relation to, persons to whom the approval applies; or

   (b)  an existing or proposed superannuation scheme specified in the
        approval that will also provide superannuation benefits for, or in
        relation to, persons other than persons to whom the approval applies.

"(4) Where the provision of superannuation benefits has been approved by the
Minister under sub-section (1) or (2) and paragraph (3) (b) does not apply in
relation to the benefits-

   (a)  a superannuation scheme for the provision of the benefits has no force
        or effect unless it is approved by the Minister by writing signed by
        the Minister; and

   (b)  an amendment of a superannuation scheme for the provision of the
        benefits has no force or effect unless it is approved by the Minister
        by writing signed by the Minister.

"(5) Sub-section (1) or (4) shall not be taken to prevent the provision of
superannuation benefits under a superannuation scheme that was in existence on
23 April 1978.

"(6) Sub-section (2) or (4) shall not be taken to prevent the provision of
superannuation benefits by, or arranged for by, a relevant body under a
superannuation scheme that was in existence immediately before the body became
a relevant body.

"(7) An amendment of a superannuation scheme referred to in sub-section (5) or
(6), other than a scheme that provides superannuation benefits for, or in
relation to, persons other than persons of a kind referred to in sub-section
(1) or (2), has no force or effect unless it is approved by the Minister by
writing signed by the Minister.

"(8) In this section-
'relevant body' means-

   (a)  a company or other body corporate of a kind referred to in
        sub-paragraph (a) (iii) of the definition of 'approved authority' in
        sub-section 3 (1); or

   (b)  an authority or body of a kind referred to in sub-paragraph (a) (iv)
        of that definition (other than an authority or body established under
        an Act),
being a company, body or authority that is an approved authority or is
declared by the Minister, by notice published in the Gazette, to be a relevant
body for the purposes of this section;
'relevant law' means a law of the Commonwealth (including this Act) or of the
Australian Capital Territory that is in force on the day on which this section
comes into operation or that comes into force after that day;
'superannuation benefits' includes any benefits similar to the benefits
provided under this Act;
'superannuation scheme' means a superannuation or retirement scheme, however
established.

"(9) Where a person is a director of a company or other body corporate
incorporated, whether before or after the commencement of this Act, under a
law of a State or Territory, being a company or other body that is a relevant
body, the person shall, for the purposes of this section, be deemed to be
employed by the company or other body.".