Superannuation (No. 2)

No. 57 of 1968

An Act to amend the Superannuation Act 1922–1967 in relation to the Retrenchment of Employees and to make consequential amendments of the Superannuation Act 1968.

[Assented to 25 June 1968]

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

I. Preliminary.

Short title and citation.

1.—(1.) This Act may be cited as the Superannuation Act (No. 2) 1968.

(2.) The Superannuation Act 1922–1967 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 1922–1968.

Commencement.

2.—(1.) This Act (other than Part III.) shall be deemed to have come into operation on the first day of September, One thousand nine hundred and sixty-seven.

(2.) Superannuation Act 1968.Part III. of this Act shall come into operation on the date of commencement of the

3 Parts.

3. This Act is divided into Parts, as follows:—

I. Preliminary (Sections 1–3). II. Amendments of the Principal Act (Sections 4–11). III. Amendments of the Superannuation Act 1968 (Sections 12–13). II. Amendments of the Principal Act.

4. Section 39 of the Principal Act is repealed and the following section inserted in its stead:—

Retrenchment.

“39. Subject to section forty-one of this Act, the compulsory termination of the service of a contributor for the reason that his service or position is not necessary shall, for the purposes of this Act, be deemed to be retrenchment.”.

5 Dismissal.

5. Section 40 of the Principal Act is amended by omitting from paragraph (b) the words “or discharge”.

6 Holders of statutory offices.

6. Section 41b of the Principal Act is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) in the case of any other contributor who has not attained the age of sixty years—be deemed to be retrenchment; and”.

7. Section 87 of the Principal Act is repealed and the following section inserted in its stead:—

Retrenchment.

“87. Subject to section eighty-seven b of this Act, the compulsory termination of the service of a contributor to the Provident Account for the reason that his service or position is not necessary shall, for the purposes of this Act, be deemed to be retrenchment.”.

8 Dismissal.

8. Section 87a of the Principal Act is amended by omitting the words “, retrenchment or discharge” and inserting in their stead the words “or retrenchment”.

9 Holders of statutory offices.

9. Section 87d of the Principal Act is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) in the case of any other contributor who has not attained the age of sixty years—be deemed to be retrenchment; and”.

10 Date of becoming employee or contributor for certain purposes.

10. Section 114 of the Principal Act is amended by omitting from sub-section (1.) the words “sections twenty and thirty-nine” and inserting in their stead the words “section twenty”.

11 Retrenchment.

11. Section 118 of the Principal Act is amended by omitting from sub-section (1.) the words “for the purposes of section thirty-nine of this Act, be deemed to be an employee, and shall,”.

III. Amendments of the Superannuation Act 1968.

12 Title.

12. The title of the Superannuation Act 1968 is amended by inserting after the words “Superannuation Act 1922–1967” the words “, as amended by the Superannuation Act (No. 2) 1968,”.

13 Short title and citation.

13. Section 1 of the Superannuation Act 1968 is amended by omitting sub-section (3.) and inserting in its stead the following sub-sections:—

“(3.) Section 1 of the Superannuation Act (No. 2) 1968 is amended by omitting sub-section (3.).

“(4.) The Principal Act, as amended by the Superannuation Act (No. 2) 1968 and by this Act, may be cited as the Superannuation Act 1922–1968.”.