11Application of the Act to certain transferring TAFE teachers

11 Application of the Act to certain transferring TAFE teachers

(1) Subject to subregulation (2), the Act applies subject to the modifications set out in Schedule 8 to those persons to whom section 126 of the Act applies and who:

(a) on 31 March 1977, became eligible employees by virtue
of their becoming, on that day, officers of the Commonwealth Teaching Service; and

(b) immediately before becoming officers of that Service:

(i) were employed in the teaching service of the State of New South Wales; and

(ii) were engaged in full-time teaching duties in the Australian Capital Territory in connection with the provision of technical and further education; and

(c) on 30 March 1977 were members of the superannuation scheme constituted by the Superannuation Act 1916 of the State of New South Wales, as in force on that day; and

(d) since becoming eligible employees as set out in paragraph (a):

(i) have continued to be eligible employees; or

(ii) have, on only one occasion, ceased to be eligible employees and have not, after so ceasing, again become eligible employees.

(2) The modifications of the Act set out in Schedule 8 do not apply in relation to a person referred to in subregulation (1) who receives a transfer value:

(3) In subregulation (1):

technical and further education means education provided by way of a course of instruction or training that:

(a) is, or is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or

(b) otherwise meets the educational needs of persons who are not enrolled in a full-time course of education at a primary school, a secondary school or a secondary college.