52Regulations

52 Regulations

(1) The Governor in Council may, after the consideration of a report from the Board, make regulations not inconsistent with this Act prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular—

(a) where under this Act a member may make any election or choice, and the time within which it may be made is not stated in the Act—prescribing the time within which it must be made and the conditions upon which it may be made; and

(b) specifying how contributions are to be calculated and how and when they are to be paid; and

(c) the classification or re-assessment of classification of members and the actuarial principles to be used and the alteration of any benefits as a result of that classification or re-assessment; and

(d) prescribing forms to be used for the purposes of this Act.

S. 52(1A) inserted by No. 49/1992 s. 108, repealed by No. 4/1996 s. 126(d).

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstances; and

(c) may impose penalties not exceeding five penalty units for a contravention of or an offence under the regulations; and

(d) may apply, adopt or incorporate (with or without modification)—

(i) the provisions of any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person or body whether as formulated, issued, prescribed or published at the time the regulations are made, or at any time before then; or

S. 52(2)(d)(ii) amended by No. 44/2014 s. 33(Sch. item 30(4)).

(ii) the provision of any Act of the Commonwealth or of another State or of a Territory or any matter contained in an Index published by the Commonwealth or of another State or of a Territory or any matter contained in an Index published by the Australian Bureau of Statistics or the provisions of any subordinate instrument under any of those Acts, whether wholly or partially or as amended by the regulations or as in force or published at a particular time or from time to time; and

(e) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Board; and

(f) may confer powers or impose duties in connection with the regulations on the Board.

S. 52(3) amended by No. 78/2010 s. 24(Sch. 1 item 33.1).

(3) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament.

S. 52(4) repealed by No. 78/2010 s. 24(Sch. 1 item 33.2).