Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where:
(a) within three years after a contributor to the Provident Account became such a contributor, he dies or his services are terminated on the ground of invalidity;
(b) the Board is satisfied that the death or invalidity was caused, or substantially contributed to, by a physical or mental condition that, to the knowledge of the contributor, existed at the time when he underwent the medical examination referred to in subsection (1) or subsection (2) of section 5; and
(c) the contributor did not disclose the existence of the condition to the person who made the examination or made or furnished a false or misleading statement to that person in respect of the condition;
sections 82 and 83 do not apply but there is payable to the contributor or to his personal representatives, as the case may be, an amount equal to the amount of the contributions paid by him under this Act together with compound interest on those contributions at the prescribed rate.
(2) Where a contributor to the Provident Account is a prescribed employee within the meaning of Division 3 of Part VIIA, subsection (1) applies to and in relation to the contributor as if:
(a) the reference in paragraph (a) of that subsection to the period of 3 years after the contributor became such a contributor were a reference to the period of 3 years after the contributor's obligation to contribute to a State Fund within the meaning of Part VIIA came or last came into existence; and
(b) the references in paragraphs (b) and (c) of that subsection to the medical examination referred to in subsection (1) or (2) of section 5 were references to the medical examination by virtue of the results of which the contributor became or last became a contributor to the State Fund.
(3) This section does not apply in respect of a contributor to the Provident Account who dies or whose services are terminated on or after 1 July 1976.
(4) On and after 1 July 1976, the reference in subsection (1) to the Board shall be read as including a reference to the Commissioner for Superannuation.