Superannuation Act 1951 (Cth)

SUPERANNUATION.

No. 49 of 1951

An Act to amend the Superannuation Act 1922-1950, and for other purposes.

[Assented to 11th December, 1951.]

BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation. 1.—(1.) This Act may be cited as the Superannuation Act 1951. (2.) The Superannuation Act 1922–1950 is in this Act referred to as the Principal Act. (3.) The Principal Act, as amended by this Act, may be cited as the Superannuation Act 1922–1951.

Commencement. 2. Except as otherwise provided by this Act, this Act shall come into operation on the day on which it receives the Royal Assent.

Parts. 3. Section three of the Principal Act is amended by inserting after the words— "Part IVd.—Special Provisions in Relation to Certain Former State Employees." the words— "Part IVe.—Special Provisions in Relation to Certain Former Contributors to Public Service Superannuation Funds.".

Interpretation. 4. Section four of the Principal Act is amended— (a) by adding at the end of sub-section (1.) the following definitions:— "'The Public Service Arbitrator' means the Public Service Arbitrator holding office under the Public Service Arbitration Act 1920–1950; "'The Public Service Board' means the Public Service Board constituted under the Public Service Act 1922–1950."; and (b) by omitting sub-sections (4.), (5.) and (6.) and inserting in their stead the following sub-sections:— "(4.) Where a person is the holder for a term of years of a statutory office under the Commonwealth (whether his appointment was made before or is made after the commencement of this sub-section) and, by the terms of his appointment, that person is required to give the whole of his time to the duties of his office, the Treasurer may, by notice published in the Gazette, direct that that person be deemed to be an employee within the meaning of this section, and that person shall be deemed to be such an employee as from the date of the publication of the notice or from such earlier date (not being a date earlier than the date of appointment to the statutory office) as the Board determines. "(5.) Where— (a) a person employed by the Commonwealth otherwise than in a permanent capacity is by the terms of his employment required to give the whole of his time to the duties of his employment; (b) that person has been so employed for a continuous period of not less than three years; and (c) the Public Service Board, or, on appeal from the Public Service Board, the Treasurer, certifies that that person's employment is likely to be continued for a period of at least seven years, the Treasurer may, by notice published in the Gazette, direct that that person be deemed to be an employee within the meaning of this section, and that person shall be deemed to be such an employee as from the date of the publication of the notice. "(6.) Where a person employed by an approved authority is required by the terms of his employment to give the whole of his time to the duties of his office and— (a) the approved authority certifies that the person's employment is likely to be continued for a period of at least seven years; or