Commonwealth Numbered Acts

DEFENCE LEGISLATION AMENDMENT ACT 1995 No. 43 of 1995 - SCHEDULE 4

                           SCHEDULE 4                 Section 4

AMENDMENTS OF THE MILITARY SUPERANNUATION AND BENEFITS ACT 1991 1. After
subsection 5(1): Insert:

"(1A) The Minister may not amend the Trust Deed unless:

   (a)  the Board has consented to the amendment; or

   (b)  the amendment:

        (i)    relates to a payment of an employer contribution that will,
               after the making of the amendment, be required or permitted to
               be made under this Act; or

        (ii)   relates solely to the termination of the Scheme; or

        (iii)  is made in circumstances covered by regulations made for the
               purposes of subparagraph 60(1)(b)(iii) of the Superannuation 
               Industry (Supervision) Act 1993 .

"(1B) For the purposes of subparagraph (1A)(b)(i), a payment under the Trust
Deed is taken to be a payment of an employer contribution.". 2. Paragraph
26(1)(b): Add at the end:

"and by the Board". 3. Subsection 26(5): After "Minister" (second occurring)
insert "and the Board". 4. Subsection 26(7): Omit the subsection. 5. Section
50: Repeal the section. 6. Section 52: Add at the end:

"(2) Regulations may not be made after the commencement of this subsection
unless:

   (a)  the Board has consented to the making of the regulations; or

   (b)  the regulations:

        (i)    relate to a payment of an employer contribution that will,
               after the making of the regulations, be required or permitted
               to be made under this Act; or

        (ii)   relate solely to the termination of the Scheme; or

        (iii)  are made in circumstances covered by regulations made for the
               purposes of subparagraph 60(1)(b)(iii) of the Superannuation 
               Industry (Supervision) Act 1993 .

"(3) For the purposes of subparagraph (2)(b)(i), a payment under the Trust
Deed is taken to be a payment of an employer contribution.

"(4) Subsection (2) does not apply to regulations made for the purposes of a
provision of Part 8 of this Act.".