Part I
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Commonwealth act
The Superannuation Act 1922 creates a defined‑benefit retirement fund for Commonwealth public servants and certain government‑agency employees who joined before contributions closed on 1 July 1976. It still governs current pensioners, surviving spouses and children, a few remaining contributors, and is administered by the Commonwealth Superannuation Corporation.
It matters because thousands still receive locked‑in pensions under the Act, with statutory review rights for decisions and protected entitlements for eligible dependants.
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Direct links to the current provisions in Superannuation Act 1922.
This Act may be cited as the Superannuation Act 1922.
(1) This Act shall, except where otherwise provided, commence on a date to be fixed by proclamation. (2) The date so fixed is, in this Act, referred to as the commencement of this Act.
For the purposes of applying this Act on or after 1 July 2011, any reference to the Board, the Commissioner or the Commissioner for Superannuation is, unless the context otherwise requires, taken to be a reference to CSC.
(1) In this Act, unless the contrary intention appears:
Actuary means a Fellow or Associate of the Institute of Actuaries (London), or a Fellow or Associate of the Faculty of Actuaries (Edinburgh), or any other person of whose actuarial knowledge and experience the Governor‑General approves.
Approved authority means the Australian Broadcasting Commission, the Capital Territory Health Commission, the Australian National University, Aboriginal Hostels Limited and the Darwin Community College and includes such other Commonwealth authorities as are specified by the regulations to be approved authorities for the purposes of this Act.
Children includes children adopted by a contributor or by a contributor to the Provident Account and dependent on him at the time of his death.
Commissioner has the same meaning as in the Superannuation Act 1976.
Commissioner for Superannuation has the same meaning as Commissioner.
Contributor means an employee who is or has been contributing under this Act to the Fund.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
decision of CSC means a decision of CSC, or a delegate of CSC, under this Act or the regulations.
Department means any Department under the administration of a Minister of State for the Commonwealth.
eligible child means:
(a) in relation to a deceased contributor or deceased pensioner, a child of the contributor or pensioner who is:
(i) under the age of 18 years; or
(ii) a child:
(A) who has reached the age of 18 years but is under the age of 21 years; and
(B) who is receiving full‑time education at a school, college or university; or
(iii) a child:
(A) who has reached the age of 21 years but is under the age of 25 years; and
(B) who is receiving full‑time education at a school, college or university; and
(C) where the child was born before the death of the contributor or pensioner—who was living with, or, in the opinion of the Commissioner, was wholly or substantially dependent upon, the contributor or pensioner immediately before that death; and
(D) where the child was born after the death of the contributor or pensioner—who, in the opinion of the Commissioner, would have been living with, or wholly or substantially dependent upon the contributor or pensioner immediately before that death if the child had been born before that death; and
(b) in relation to a person, being the widow, widower, wife or husband of a deceased contributor or a deceased pensioner, a child of the person who is:
(i) a child of the kind referred to in subparagraph (a)(i);
(ii) a child of the kind referred to in subparagraph (a)(ii); or
(iii) a child:
(A) of the kind referred to in sub‑subparagraphs (a)(iii)(A) and (B); and
(B) who was born before the death of the contributor or pensioner and, in the opinion of the Commissioner, was wholly or substantially dependent upon the contributor or pensioner immediately before that death;
Employee means a person employed in a permanent capacity by the Commonwealth, who is by the terms of his employment required to give his whole time to the duties of his employment, and includes a person employed under section 81D or 81P of the Commonwealth Public Service Act 1922‑1947 who, immediately prior to his becoming so employed, was a contributor to a State Fund as defined by section 101 of this Act, but does not include a person who is a Judge as defined by subsection (1) of section 4 of the Judges’ Pensions Act 1968.
pension includes associate pension under section 93DB.
Reconsideration Advisory Committee means a Committee established under section 128.
Salary means salary or wages, and includes the value of allowances such as allowances for rent, house allowed rent free, light, fuel, rations, and fees allowed regularly as emoluments of office, but does not include bonuses, overtime payments, or allowances for forage, equipment, climatic disadvantages, cost of living or travelling expenses.
Service means service under, or employment by, the Commonwealth or an approved authority and, in relation to any qualifying period of employment, includes:
(a) continuous service as a member of the Permanent Navy, the Regular Army or the Permanent Air Force; and
(b) where an employee is transferred from the service of a State or Territory to the service of the Commonwealth, such permanent service of the employee under the State or Territory as is continuous with his service under the Commonwealth.
The Board means the Superannuation Board constituted by this Act.
The Defence Forces Retirement Benefits Fund means the Defence Forces Retirement Benefits Fund established under the Defence Forces Retirement Benefits Act 1948‑1968.
The Fund means the Superannuation Fund established under this Act.
The maximum age for retirement means the age of sixty‑five years, or, in the case of a contributor the age for whose retirement is fixed by law at an earlier age than sixty‑five years, the age so fixed.
The new Superannuation Fund means the Superannuation Fund established by the Superannuation Act 1976.
The Provident Account means the Provident Account established under Part V.
The Public Service Arbitrator means the Public Service Arbitrator holding office under the Public Service Arbitration Act 1920‑1969 and includes a Deputy Public Service Arbitrator holding office under that Act.
The Public Service Board means the Public Service Board constituted under the Public Service Act 1922‑1950.
The Superannuation Fund Investment Trust means the Superannuation Fund Investment Trust established by the Superannuation Act 1976.
(1B) A person, other than a person who has been retired on the ground of invalidity or of physical or mental incapacity to perform his duties, who is or becomes employed by the Commonwealth shall not be taken, for the purposes of this Act, to be employed otherwise than in a permanent capacity by reason only that his appointment was or is on probation and has not been confirmed. (2) References in this Act to the retirement of an employee upon his attaining the age of sixty‑five years shall include the case of an employee whose retirement takes place on the day before he attains the age of sixty‑five years. (2A) A reference in this Act to the pension, or to the number of units of pension, for which a contributor is contributing or for which he is a contributor shall be read as including a reference to any units of pension or fractions of a unit of pension for which he has completed payment of contributions and, unless the contrary intention appears, shall, subject to section 73 of the Superannuation Act 1959 and section 33 of the Superannuation Act 1963, also be read as including a reference to any units of pension in respect of which the whole or a part of his contributions has been deferred by virtue of either of those sections. (2B) Subject to this Act, where, in pursuance of this Act, an employee becomes liable, or elects, to contribute for or in respect of a unit of pension or an additional unit of pension, or a fraction of a unit of pension or of an additional unit of pension, he shall be deemed to be a contributor for or in respect of that unit or additional unit, or that fraction of a unit or of an additional unit, as from the date when he becomes liable to contribute, or elects to contribute, as the case may be. (3) Where an employee has been or is appointed, whether before or after the commencement of this Act, for a term of years to a statutory office under the Commonwealth, he shall, for the purposes of this Act, be deemed to continue to be an employee so long as he continues to be employed by the Commonwealth in that office (whether during or after the expiration of the term for which he was appointed) or in any other statutory office under the Commonwealth to which he may be appointed for a term of years. (3A) A reference in subsection (3) to a statutory office does not include a reference to a statutory office the holder of which is not required by the terms of his appointment to give the whole of his time to the duties of his office. (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 subsection) 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 Minister may 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 direction 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 Minister, certifies that that person’s employment is likely to be continued for a period of at least seven years; the Minister may 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 direction. (5A) Where: (a) a person employed by the Commonwealth under the Australian Security Intelligence Organization Act 1956 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 Director‑General of Security certifies that that person’s employment is likely to be continued for a period of at least seven years; the Director‑General of Security may 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 direction. (5B) Where: (a) a person referred to in paragraph (a) of subsection (5) or paragraph (a) of subsection (5A) was, during any period prior to the commencement of his employment by the Commonwealth, employed in employment within or outside Australia upon the termination of which: (i) a transfer value within the meaning of Division 2 of Part XA became payable to or in respect of him after the commencement of this subsection under a superannuation scheme applicable in relation to that employment; (ii) a prescribed pension within the meaning of that Division became payable to him under such a scheme; or (iii) any deferred benefits within the meaning of that Division became applicable in respect of him after the commencement of this subsection under such a scheme; and was, during that period, a member of that superannuation scheme; and (b) if the prior employment was employment in relation to which subparagraph (i) of paragraph (a) applies—an amount equal to the amount of the transfer value referred to in that subparagraph has been paid to the Board in accordance with subsection (1) of section 119J; then subsection (5) or subsection (5A), as the case may be, has effect in relation to the person subject to the modifications referred to in subsection (5C) of this section. (5C) The modifications referred to in subsection (5B) are as follows: (a) any period of the prior employment shall be deemed, for the purposes of paragraph (b) of subsection (5) or paragraph (b) of subsection (5A), as the case may be, to have been a period of employment of the same nature as the employment of the person referred to in paragraph (a) of that subsection and to have been continuous with that employment; (b) if the total of the periods of the prior employment is more than three years but less than ten years—the reference in paragraph (c) of subsection (5) or subsection (5A), as the case may be, to seven years shall be read as a reference to the difference between ten years and the total of the periods of the prior employment; and (c) if the total of the periods of the prior employment is not less than ten years—subsection (5) or subsection (5A), as the case may be, has effect as if paragraph (c) of that subsection were omitted. (6) Subject to subsection (7), 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; (b) the person was, immediately prior to the commencement of his employment by the approved authority, a contributor to a Public Service Superannuation Fund as defined by section 108; or (c) the person was, during any period prior to the commencement of his employment by the approved authority, employed in employment within or outside Australia upon the termination of which: (i) a transfer value within the meaning of Division 2 of Part XA became payable to or in respect of him after the commencement of this subsection under a superannuation scheme applicable in relation to that employment; (ii) a prescribed pension within the meaning of that Division became payable to him under such a scheme; or (iii) any deferred benefits within the meaning of that Division became applicable in respect of him after the commencement of this subsection under such a scheme; and was, during that period, a member of that superannuation scheme and, if the prior employment was employment in relation to which subparagraph (i) of this paragraph applies, an amount equal to the amount of the transfer value referred to in that subparagraph has been paid to the Board in accordance with subsection (1) of section 119J; the Minister administering the Act or other law by or under which the approved authority is constituted, or a person authorized in writing by the Minister so administering that Act or that other law to exercise his powers under this subsection, may, on the recommendation of the approved authority, direct that the first‑mentioned 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 direction or, in the case of a person referred to in paragraph (b), shall be deemed to have been such an employee as from the date on which his employment by the approved authority commenced. (7) Where, in the case of a person referred to in paragraph (c) of subsection (6), the total of the periods of the prior employment referred to in that paragraph was less than seven years, that subsection does not apply in relation to that person unless the approved authority certifies that the person’s employment is likely to be continued for a period that is not less than the difference between seven years and the total of the periods of his prior employment. (8) For the purposes of this Act, the Principal of the Darwin Community College shall be deemed to be employed by the College. (9) For the purposes of subsection (6) in its application in relation to Aboriginal Hostels Limited, that body shall be deemed to be constituted under an Act administered by the Minister administering the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986. (11) Where a person was born on 29 February in any year, then, in any subsequent year that is not a leap year, the anniversary of the birth of the person shall, for the purposes of this Act, be deemed to occur on 1 March of that subsequent year.
(1) A member of the Defence Force shall not, by reason only of being a member of the Defence Force, be deemed to be an employee. (2) Where a member of the Defence Force who is liable to contribute to the Commonwealth under the Defence Force Retirement and Death Benefits Act 1973 would, but for this section, by reason of becoming employed in a permanent capacity by the Commonwealth or for any other reason, become an employee, he shall be deemed not to be an employee until he ceases to be liable to contribute to the Commonwealth under that Act.
(1) Where: (a) the Parliament has not made provision determining the rate of salary payable in respect of an office in the First Division of the Public Service of the Commonwealth; and (b) the Minister, by instrument in writing, declares that, for the purposes of this Act, the rate of salary payable in respect of that office is to be deemed to be such rate as is specified in the instrument; salary at the rate specified in the instrument shall, for the purposes of this Act but not otherwise, be deemed to be payable in respect of that office as from the date on which the declaration is made, or as from the date as from which the declaration is expressed to have effect, whichever is the later, until: (c) the Parliament makes provision determining the rate of salary payable in respect of that office; or (d) salary is, by virtue of a further instrument in writing by the Minister under this subsection, to be deemed, for the purposes of this Act, to be payable in respect of that office at a rate specified in the further instrument, being a rate that is greater or lesser than the rate specified in the first‑mentioned instrument; whichever first occurs. (2) Where: (a) the Parliament has made provision determining the rate of salary payable in respect of an office in the First Division of the Public Service of the Commonwealth or in respect of a statutory office under the Commonwealth; and (b) the Minister, by instrument in writing, declares that, for the purposes of this Act, the rate of salary payable in respect of that office is to be deemed to be such rate as is specified in the instrument, being a rate that is greater or lesser than the rate determined by the provision made by the Parliament; salary at the rate specified in the instrument shall, for the purposes of this Act but not otherwise, be deemed to be payable in respect of that office as from the date on which the declaration is made, or as from the date as from which the declaration is expressed to have effect, whichever is the later, until: (c) the Parliament makes further provision determining the rate of salary payable in respect of that office; or (d) salary is, by virtue of a further instrument in writing by the Minister under this subsection, to be deemed, for the purposes of this Act, to be payable in respect of that office at a rate specified in the further instrument, being a rate that is greater or lesser than the rate specified in the first‑mentioned instrument; whichever first occurs.
(1) Except as otherwise provided by this Act, and notwithstanding anything contained in any other Act, a person who becomes an employee after the commencement of the Superannuation Act 1965 shall not contribute to the Fund under Part III or to the Provident Account unless: (a) he has, before becoming an employee, or within such period after becoming an employee as the Board allows, undergone a medical examination by a legally qualified medical practitioner approved by the Board; (b) a report of the result of the examination has been furnished by the medical practitioner to the Board; and (c) the Board is satisfied, after considering the report of the medical practitioner, that the health and physical fitness of the person are such as to justify his being accepted as a contributor to the Fund under Part III or to the Provident Account, as the case may be. (2) Where: (a) a person who becomes an employee after the commencement of the Superannuation Act 1965 has, whether before or after becoming an employee, undergone a medical examination by a legally qualified medical practitioner approved by the Public Service Board; (b) a report of the result of the examination has been furnished by the medical practitioner to the Public Service Board; and (c) the Public Service Board certifies, after considering the report of the medical practitioner, that the health and physical fitness of the person are such as to justify his being accepted as a contributor to the Fund under Part III or to the Provident Account; the Superannuation Board may, in its discretion, accept him as a contributor to the Fund under Part III or to the Provident Account.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) Where: (a) a person employed by the Commonwealth or by an approved authority was, immediately before the commencement of the employment, a contributor under: (i) a superannuation scheme conducted in accordance with the system established in the United Kingdom and known as the Federated Superannuation System for Universities; or (ii) a prescribed superannuation scheme, being a scheme under which benefits are provided for by means of life assurance policies; and (b) the Treasurer considers that, by reason of special circumstances, an arrangement should be made under this section; the Commonwealth or the approved authority may make an arrangement with that person for assurance of his life by means of a life assurance policy, and for the payment of contributions by the Commonwealth or the approved authority and that person for that purpose. (1A) An arrangement shall not be made under subsection (1) on or after 1 July 1976. (2) Where a person with whom an arrangement has been made under this section: (a) is or becomes an employee; and (b) has not, before he became or becomes an employee, or within such period after he became or becomes an employee or after the commencement of the Superannuation Act 1965, whichever is the later, as the Board allows, undergone a medical examination referred to in section 5; the Commonwealth or the approved authority, as the case may be, may, by notice in writing to the person, terminate the arrangement and, if the arrangement is so terminated: (c) the person shall, within two months after the termination or within such further period as the Minister allows, pay to the Commonwealth or to the approved authority, as the case may be, an amount equal to the sum of the contributions paid by the Commonwealth or the authority under the arrangement and compound interest on those contributions at the rate of three and three‑quarters per centum per annum, and: (i) if the amount is not paid within that period, it is recoverable by the Commonwealth or by the authority as a debt due to the Commonwealth or to the authority in any court of competent jurisdiction; and (ii) if the amount is not paid within that period and is not recovered in pursuance of subparagraph (i) (whether or not any action is taken so to recover the amount) and, in pursuance of the arrangement, a life assurance policy has been assigned to the Commonwealth or to the authority—the Commonwealth or the authority, as the case may be, may, notwithstanding any obligation on the Commonwealth or the authority to assign the policy to the person, surrender the policy and apply the proceeds of the surrender in reduction of the amount and, if the proceeds exceed the amount, shall pay an amount equal to the excess to the person; and (d) where, in pursuance of the arrangement, a life assurance policy has been assigned to the Commonwealth or to the authority and the policy has not been surrendered in accordance with paragraph (c), the Commonwealth or the authority, as the case may be, shall, upon payment or recovery of the amount referred to in that paragraph, assign the policy to the person. (2A) Where a person with whom an arrangement has been made under this section is or becomes a contributor to the Fund under Part III or to the Provident Account and the arrangement has not been terminated under subsection (2): (a) if the arrangement has not otherwise terminated, the arrangement is, by force of this subsection, terminated; (b) the person shall, within two months after the date of commencement of the Superannuation Act 1965 or the date on which he became or becomes a contributor, whichever is the later date, or within such further period as the Minister allows, pay to the Commonwealth or to the approved authority, as the case may be, an amount equal to the sum of the contributions paid by the Commonwealth or the authority under the arrangement and compound interest on those contributions at the rate of three and three‑quarters per centum per annum, and: (i) if the amount is not paid within that period, it is recoverable by the Commonwealth or the authority as a debt due to the Commonwealth or to the authority in any court of competent jurisdiction; and (ii) if the amount is not paid within that period and is not recovered in pursuance of subparagraph (i) (whether or not any action is taken so to recover the amount) and, in pursuance of the arrangement, a life assurance policy has been assigned to the Commonwealth or to the authority—the Commonwealth or the authority, as the case may be, may, notwithstanding any obligation on the Commonwealth or the authority to assign the policy to the person, surrender the policy and apply the proceeds of the surrender in reduction of the amount and, if the proceeds exceed the amount, shall pay an amount equal to the excess to the person; and (c) if, in pursuance of the arrangement, a life assurance policy has been assigned to the Commonwealth or to the authority and the policy has not been surrendered in accordance with paragraph (b), the Commonwealth or the authority, as the case may be, shall, upon payment or recovery of the amount referred to in that paragraph, assign the policy to the person. (3) An approved authority may apply for the purposes of an arrangement under this section any moneys under the control of the approved authority. (5) This section has effect subject to section 119ZD.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Superannuation Act 1922.
(1) This Act shall, except where otherwise provided, commence on a date to be fixed by proclamation. (2) The date so fixed is, in this Act, referred to as the commencement of this Act.
For the purposes of applying this Act on or after 1 July 2011, any reference to the Board, the Commissioner or the Commissioner for Superannuation is, unless the context otherwise requires, taken to be a reference to CSC.
(1) In this Act, unless the contrary intention appears:
Actuary means a Fellow or Associate of the Institute of Actuaries (London), or a Fellow or Associate of the Faculty of Actuaries (Edinburgh), or any other person of whose actuarial knowledge and experience the Governor‑General approves.
Approved authority means the Australian Broadcasting Commission, the Capital Territory Health Commission, the Australian National University, Aboriginal Hostels Limited and the Darwin Community College and includes such other Commonwealth authorities as are specified by the regulations to be approved authorities for the purposes of this Act.
Children includes children adopted by a contributor or by a contributor to the Provident Account and dependent on him at the time of his death.
Commissioner has the same meaning as in the Superannuation Act 1976.
Commissioner for Superannuation has the same meaning as Commissioner.
Contributor means an employee who is or has been contributing under this Act to the Fund.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
decision of CSC means a decision of CSC, or a delegate of CSC, under this Act or the regulations.
Department means any Department under the administration of a Minister of State for the Commonwealth.
eligible child means:
(a) in relation to a deceased contributor or deceased pensioner, a child of the contributor or pensioner who is:
(i) under the age of 18 years; or
(ii) a child:
(A) who has reached the age of 18 years but is under the age of 21 years; and
(B) who is receiving full‑time education at a school, college or university; or
(iii) a child:
(A) who has reached the age of 21 years but is under the age of 25 years; and
(B) who is receiving full‑time education at a school, college or university; and
(C) where the child was born before the death of the contributor or pensioner—who was living with, or, in the opinion of the Commissioner, was wholly or substantially dependent upon, the contributor or pensioner immediately before that death; and
(D) where the child was born after the death of the contributor or pensioner—who, in the opinion of the Commissioner, would have been living with, or wholly or substantially dependent upon the contributor or pensioner immediately before that death if the child had been born before that death; and
(b) in relation to a person, being the widow, widower, wife or husband of a deceased contributor or a deceased pensioner, a child of the person who is:
(i) a child of the kind referred to in subparagraph (a)(i);
(ii) a child of the kind referred to in subparagraph (a)(ii); or
(iii) a child:
(A) of the kind referred to in sub‑subparagraphs (a)(iii)(A) and (B); and
(B) who was born before the death of the contributor or pensioner and, in the opinion of the Commissioner, was wholly or substantially dependent upon the contributor or pensioner immediately before that death;
Employee means a person employed in a permanent capacity by the Commonwealth, who is by the terms of his employment required to give his whole time to the duties of his employment, and includes a person employed under section 81D or 81P of the Commonwealth Public Service Act 1922‑1947 who, immediately prior to his becoming so employed, was a contributor to a State Fund as defined by section 101 of this Act, but does not include a person who is a Judge as defined by subsection (1) of section 4 of the Judges’ Pensions Act 1968.
pension includes associate pension under section 93DB.
Reconsideration Advisory Committee means a Committee established under section 128.
Salary means salary or wages, and includes the value of allowances such as allowances for rent, house allowed rent free, light, fuel, rations, and fees allowed regularly as emoluments of office, but does not include bonuses, overtime payments, or allowances for forage, equipment, climatic disadvantages, cost of living or travelling expenses.
Service means service under, or employment by, the Commonwealth or an approved authority and, in relation to any qualifying period of employment, includes:
(a) continuous service as a member of the Permanent Navy, the Regular Army or the Permanent Air Force; and
(b) where an employee is transferred from the service of a State or Territory to the service of the Commonwealth, such permanent service of the employee under the State or Territory as is continuous with his service under the Commonwealth.
The Board means the Superannuation Board constituted by this Act.
The Defence Forces Retirement Benefits Fund means the Defence Forces Retirement Benefits Fund established under the Defence Forces Retirement Benefits Act 1948‑1968.
The Fund means the Superannuation Fund established under this Act.
The maximum age for retirement means the age of sixty‑five years, or, in the case of a contributor the age for whose retirement is fixed by law at an earlier age than sixty‑five years, the age so fixed.
The new Superannuation Fund means the Superannuation Fund established by the Superannuation Act 1976.
The Provident Account means the Provident Account established under Part V.
The Public Service Arbitrator means the Public Service Arbitrator holding office under the Public Service Arbitration Act 1920‑1969 and includes a Deputy Public Service Arbitrator holding office under that Act.
The Public Service Board means the Public Service Board constituted under the Public Service Act 1922‑1950.
The Superannuation Fund Investment Trust means the Superannuation Fund Investment Trust established by the Superannuation Act 1976.
(1B) A person, other than a person who has been retired on the ground of invalidity or of physical or mental incapacity to perform his duties, who is or becomes employed by the Commonwealth shall not be taken, for the purposes of this Act, to be employed otherwise than in a permanent capacity by reason only that his appointment was or is on probation and has not been confirmed. (2) References in this Act to the retirement of an employee upon his attaining the age of sixty‑five years shall include the case of an employee whose retirement takes place on the day before he attains the age of sixty‑five years. (2A) A reference in this Act to the pension, or to the number of units of pension, for which a contributor is contributing or for which he is a contributor shall be read as including a reference to any units of pension or fractions of a unit of pension for which he has completed payment of contributions and, unless the contrary intention appears, shall, subject to section 73 of the Superannuation Act 1959 and section 33 of the Superannuation Act 1963, also be read as including a reference to any units of pension in respect of which the whole or a part of his contributions has been deferred by virtue of either of those sections. (2B) Subject to this Act, where, in pursuance of this Act, an employee becomes liable, or elects, to contribute for or in respect of a unit of pension or an additional unit of pension, or a fraction of a unit of pension or of an additional unit of pension, he shall be deemed to be a contributor for or in respect of that unit or additional unit, or that fraction of a unit or of an additional unit, as from the date when he becomes liable to contribute, or elects to contribute, as the case may be. (3) Where an employee has been or is appointed, whether before or after the commencement of this Act, for a term of years to a statutory office under the Commonwealth, he shall, for the purposes of this Act, be deemed to continue to be an employee so long as he continues to be employed by the Commonwealth in that office (whether during or after the expiration of the term for which he was appointed) or in any other statutory office under the Commonwealth to which he may be appointed for a term of years. (3A) A reference in subsection (3) to a statutory office does not include a reference to a statutory office the holder of which is not required by the terms of his appointment to give the whole of his time to the duties of his office. (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 subsection) 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 Minister may 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 direction 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 Minister, certifies that that person’s employment is likely to be continued for a period of at least seven years; the Minister may 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 direction. (5A) Where: (a) a person employed by the Commonwealth under the Australian Security Intelligence Organization Act 1956 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 Director‑General of Security certifies that that person’s employment is likely to be continued for a period of at least seven years; the Director‑General of Security may 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 direction. (5B) Where: (a) a person referred to in paragraph (a) of subsection (5) or paragraph (a) of subsection (5A) was, during any period prior to the commencement of his employment by the Commonwealth, employed in employment within or outside Australia upon the termination of which: (i) a transfer value within the meaning of Division 2 of Part XA became payable to or in respect of him after the commencement of this subsection under a superannuation scheme applicable in relation to that employment; (ii) a prescribed pension within the meaning of that Division became payable to him under such a scheme; or (iii) any deferred benefits within the meaning of that Division became applicable in respect of him after the commencement of this subsection under such a scheme; and was, during that period, a member of that superannuation scheme; and (b) if the prior employment was employment in relation to which subparagraph (i) of paragraph (a) applies—an amount equal to the amount of the transfer value referred to in that subparagraph has been paid to the Board in accordance with subsection (1) of section 119J; then subsection (5) or subsection (5A), as the case may be, has effect in relation to the person subject to the modifications referred to in subsection (5C) of this section. (5C) The modifications referred to in subsection (5B) are as follows: (a) any period of the prior employment shall be deemed, for the purposes of paragraph (b) of subsection (5) or paragraph (b) of subsection (5A), as the case may be, to have been a period of employment of the same nature as the employment of the person referred to in paragraph (a) of that subsection and to have been continuous with that employment; (b) if the total of the periods of the prior employment is more than three years but less than ten years—the reference in paragraph (c) of subsection (5) or subsection (5A), as the case may be, to seven years shall be read as a reference to the difference between ten years and the total of the periods of the prior employment; and (c) if the total of the periods of the prior employment is not less than ten years—subsection (5) or subsection (5A), as the case may be, has effect as if paragraph (c) of that subsection were omitted. (6) Subject to subsection (7), 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; (b) the person was, immediately prior to the commencement of his employment by the approved authority, a contributor to a Public Service Superannuation Fund as defined by section 108; or (c) the person was, during any period prior to the commencement of his employment by the approved authority, employed in employment within or outside Australia upon the termination of which: (i) a transfer value within the meaning of Division 2 of Part XA became payable to or in respect of him after the commencement of this subsection under a superannuation scheme applicable in relation to that employment; (ii) a prescribed pension within the meaning of that Division became payable to him under such a scheme; or (iii) any deferred benefits within the meaning of that Division became applicable in respect of him after the commencement of this subsection under such a scheme; and was, during that period, a member of that superannuation scheme and, if the prior employment was employment in relation to which subparagraph (i) of this paragraph applies, an amount equal to the amount of the transfer value referred to in that subparagraph has been paid to the Board in accordance with subsection (1) of section 119J; the Minister administering the Act or other law by or under which the approved authority is constituted, or a person authorized in writing by the Minister so administering that Act or that other law to exercise his powers under this subsection, may, on the recommendation of the approved authority, direct that the first‑mentioned 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 direction or, in the case of a person referred to in paragraph (b), shall be deemed to have been such an employee as from the date on which his employment by the approved authority commenced. (7) Where, in the case of a person referred to in paragraph (c) of subsection (6), the total of the periods of the prior employment referred to in that paragraph was less than seve
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