47Effect of superannuation order

#### 47 Effect of superannuation order (1) Where a court makes a superannuation order in respect of a person: (a) all rights of, and benefits payable to or in respect of, the person or a dependant of the person (being rights or benefits arising out of the person’s membership of any superannuation scheme) cease, or cease to be payable, on the day on which the order takes effect and the person ceases to be a member of the scheme on that day; and (aa) any entitlement of the person to an adjustment payment ceases on that day and an adjustment payment is not payable to the person on or after that day; and (b) any amount of the kind mentioned in subsection 46(3) that is vested in the person ceases to be so vested on that day; and (c) the Commonwealth or a Commonwealth organisation is not liable to pay any employer contribution or benefit under the scheme in respect of the person on or after that day. (1A) An amount payable by a person to the Commonwealth or a Commonwealth organisation under a superannuation order is a debt due by the person to the Commonwealth or the Commonwealth organisation, as the case may be. (1B) An order under subsection 46(3), (4) or (4A) against a person may be enforced as if it were an order made in civil proceedings instituted by the Commonwealth or the relevant Commonwealth organisation against the person to recover a debt due by the person to the Commonwealth or the Commonwealth organisation, and the debt arising from the order is to be taken to be a judgment debt. (2) Despite the Superannuation Act, or any other Act or any agreement, where subsection (1) applies to a person who is an AFP employee, the person is entitled, on the day on which he or she ceases to be a member of the relevant superannuation scheme, to payment of an amount equal to the sum of the employee contributions paid under the scheme by the person (being contributions that are held in a fund under the scheme) plus the amount of interest on those contributions accrued under the scheme. (3) Despite the Superannuation Act, or any other Act or any agreement, where subsection (1) applies to a person: (a) who: (i) was an AFP employee at the time the relevant corruption offence was committed but was not such an employee when charged with that offence; or (ii) was an old law member or staff member at the time the relevant corruption offence was committed but was not such a member or an AFP employee when charged with that offence; and (b) who would, but for that subsection, have been entitled to payment of benefits under the relevant superannuation scheme on or after the day on which the superannuation order takes effect; the person is entitled, on the day on which he or she ceases to be a member of the scheme, to payment of an amount worked out using the formula:  where: > AC is an amount equal to the sum of the employee contributions paid under the scheme by the person plus the amount of interest on those contributions accrued under the scheme; and > AR is an amount equal to that part of the sum of all amounts paid to the person by way of benefit before the day on which the superannuation order takes effect that is attributable to AC.