Commonwealth legislation

Superannuation (Former Australian Legal Aid Office Staff) Regulations

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

29 of 1978

Collection

legislative instrument

Plain English Summary

2/10 complexity

This regulation sorts out superannuation (retirement savings) for people who used to work for the Australian Legal Aid Office.

What it does When these former staff members moved to State-based legal aid services and joined State government superannuation funds, this regulation ensures they are no longer covered by the Commonwealth superannuation scheme (specifically section 14A of the Superannuation Act 1976).

Why it matters Without this rule, these employees could have been caught between two systems—potentially accumulating benefits under both Commonwealth and State schemes simultaneously, or facing confusion about which rules applied to them. The regulation creates a clean break: once you join a State fund, the Commonwealth rules stop applying.

Who it affects

Former staff of the Australian Legal Aid Office
Who became eligible under the Commonwealth Legal Aid Commission Act 1977
And started contributing to a State government superannuation fund

JSON API Tax / GST / superannuation

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Current sections

Direct links to the current provisions in Superannuation (Former Australian Legal Aid Office Staff) Regulations.

Superannuation (Former Australian Legal Aid Office Staff) Regulations

Commonwealth Coat of Arms of Australia

Statutory Rules

1978 No. 29

REGULATIONS UNDER THE SUPERANNUATION ACT 1976*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.

Dated this twenty-eighth day of February 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

ERIC ROBINSON

Minister of State for Finance

—————

SUPERANNUATION (FORMER AUSTRALIAN LEGAL AID OFFICE STAFF) REGULATIONS

Citation

1. These Regulations may be cited as the Superannuation (Former Australian Legal Aid Office Staff) Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears—

“ State Fund ” means a fund or account established under the law of a State to provide superannuation or other similar benefits for persons employed in the Public Service or any other service of that State;

“ the Act ” means the Superannuation Act 1976.

Former Australian Legal Aid Office staff members who become contributors to State superannuation funds

(1) Section 14a. of the Act does not apply to persons who, upon becoming eligible persons or approved persons for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977, become contributors to a State Fund.

(2) Where—

(a) a person to whom section 14a of the Act applies becomes a contributor to a State Fund; and

(b) that section would, but for this sub-regulation, continue to apply to him upon his so becoming such a contributor,

that section ceases to apply to him at the time that he becomes a contributor to the State Fund.

* Notified in the Commonwealth of Australia Gazette on 6 March 1978.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Superannuation (Former Australian Legal Aid Office Staff) Regulations