Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- When this Schedule applies
This Schedule (other than Division 3 of Part 2) applies to an airport - lessee company if:
(a) the company was granted an airport lease under section 21; or
(b) the company was granted an airport lease under section 22 and, at any time before the grant of the lease, a majority of the voting shares in the company were held by:
(i) the Commonwealth; or
(ii) a nominee of the Commonwealth.
Part 2 -- Superannuation schemes
Division 1 -- Transfer of staff from the FAC
2 Commonwealth - owned airport - lessee companies
For the purposes of this Division, an airport - lessee company is Commonwealth - owned at a particular time if, and only if, that time is before the company's sale time.
3 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973
(1) This clause applies in relation to an employee of a Commonwealth - owned airport - lessee company (the current company ) if:
(a) the employee was transferred to the current company, or any other company, under section 58; and
(b) immediately before the employee's transfer time, the employee was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973 ; and
(c) either:
(i) since the employee's transfer time, the employee has been continuously employed by the current company; or
(ii) throughout the period beginning at the employee's transfer time and ending immediately before the time when the employee last became an employee of the current company, each employer of the employee was a Commonwealth - owned airport - lessee company.
(2) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 , the employee is taken to continue in public employment until:
(a) the employee ceases to be employed by the current company; or
(b) the sale time for the current company;
whichever comes first.
(3) Subclause ( 2) is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .
(4) This clause does not prevent Division 2 of this Part from applying to the employee.
Note: Division 2 deals with the employee's position after the sale time for the current company.
4 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973
(1) This clause applies in relation to an employee of a Commonwealth - owned airport - lessee company (the current company ) if:
(a) the employee was transferred to the current company, or any other company, under section 58; and
(b) immediately before the employee's transfer time, a particular period of employment of the employee by the FAC was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .
(2) The period of employment continues to be a period of eligible employment for the purposes of that Division.
Division 2 -- Sale of airport - lessee companies owned by the Commonwealth
5 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973
(1) This clause applies in relation to an airport - lessee company if, immediately before the company's sale time, an employee of the company was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973 .
(2) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 , the employee is taken to continue in public employment, after the company's sale time, while the employee continues to be employed by the company.
(3) This clause is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .
6 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973
(1) This clause applies in relation to an airport - lessee company if, immediately before the company's sale time, a particular period of employment of a person by the company was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .
(2) If employment by the company ceases to be eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 at the company's sale time, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.
Division 3 -- Transfer of staff to airport - lessee companies that are not owned by the Commonwealth
7 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973
(1) This clause applies in relation to an employee of an airport - lessee company that was granted an airport lease under section 22 if:
(a) the employee was transferred to the company under section 58; and
(b) immediately before the employee's transfer time, the employee was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973 .
(2) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 , the employee is taken to continue in public employment, after the employee's transfer time, while the employee continues to be employed by the company.
(3) This clause is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .
8 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973
(1) This clause applies in relation to an employee of an airport - lessee company that was granted an airport lease under section 22 if:
(a) the employee was transferred to the company under section 58; and
(b) immediately before the employee's transfer time, a particular period of employment of the employee was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .
(2) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 , a particular period of employment that begins at the employee's transfer time continues to be a period of eligible employment for the purposes of that Division, so long as the period of employment is a period of employment by the company.
Part 3 -- The Crimes (Superannuation Benefits) Act 1989
9 Continuing application of the Crimes (Superannuation Benefits) Act 1989
Continuing application of Act
(1) Subject to subclause ( 2), if a person who was an employee of an airport - lessee company before the company's sale time committed a corruption offence while such an employee, then, after the company's sale time, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the company continued to be a Commonwealth authority.
Limitation on superannuation orders
(2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by an airport - lessee company after the company's sale time.
Superannuation schemes
(3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by an airport - lessee company after the company's sale time is not a superannuation scheme for the purposes of the application of the Crimes (Superannuation Benefits) Act 1989 to a corruption offence committed by a person after the company's sale time.
Paragraph 19(3)(d) orders
(4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989 , for the purposes of the application of that Act to an airport - lessee company, an order made under that paragraph after the company's sale time may only specify that an amount paid into the Consolidated Revenue Fund before the company's sale time by or on behalf of the company belongs to the Commonwealth.
Paragraph 19(4)(b) orders
(5) If:
(a) a person who was an employee of an airport - lessee company before the company's sale time committed a corruption offence while such an employee; and
(b) the person was paid benefits before or after the company's sale time out of the Consolidated Revenue Fund;
then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989 , for the purposes of the application of that Act to the corruption offence, an order made under that paragraph after the company's sale time may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.
Interpretation
(6) Unless the contrary intention appears, an expression used in this clause that is also used in the Crimes (Superannuation Benefits) Act 1989 has the same meaning in this clause as it has in that Act.
Part 4 -- The Superannuation Benefits (Supervisory Mechanisms) Act 1990
10 An airport - lessee company is not to be an eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990
Eligible body notice
(1) A notice published in the Gazette before an airport - lessee company's sale time that declares the company to be an eligible body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, after the company's sale time, as if the notice did not contain a reference to the company.
Relevant body notice
(2) A notice published in the Gazette before an airport - lessee company's sale time that declares the company to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, after the company's sale time, as if the notice did not contain a reference to the company.
Amendment or revocation of notice
(3) Subclauses ( 1) and (2) do not prevent a declaration affected by either of those subclauses from being amended or revoked by the Minister.
Definition
(4) In this clause:
"Minister" has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990 .