Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 154B

  (1)   In this section:

"AWOTE" means full - time adult average weekly ordinary time earnings for all persons in Australia.

  (2)   If:

  (a)   it is necessary for the purposes of a provision (the relevant provision ) of this Act or of the regulations to determine the annual rate of salary as at a particular time (the later time ) in respect of an office or position that had been held, or in respect of the duties that had been performed, by a person at a particular earlier time (the earlier time ); and

  (b)   it is not possible to make such a determination:

  (i)   because at the later time the annual rate of salary was not publicly available or the office or position no longer existed, or the duties were no longer being performed, and there was no equivalent office or position or there were no equivalent duties; or

  (ii)   for any other reason that CSC thinks sufficient for this section to apply;

the annual rate of salary as at the later time in respect of the office or position, or in respect of the duties, is taken for the purposes of the relevant provision to be the amount worked out in accordance with this section.

  (3)   If:

  (a)   the Australian Statistician has published, at or before the later time, an estimate or successive estimates of the change or changes (expressed as a percentage or percentages) in AWOTE in respect of the period between the earlier time and the later time; and

  (b)   the estimate or estimates show no overall change, or show an overall decrease, in those earnings over that period, or the part of that period in respect of which the estimate or estimates were published, as the case may be;

the annual rate of salary as at the later time in respect of the office or position, or in respect of the duties, is taken, for the purposes of the relevant provision, to be the same as the annual rate of salary in respect of the office or position, or in respect of the duties, as at the earlier time.

  (4)   If:

  (a)   the Australian Statistician has published, at or before the later time, an estimate or successive estimates of the change or changes (expressed as a percentage or percentages) in AWOTE in respect of the period between the earlier time and the later time; and

  (b)   the estimate or estimates show an overall increase (expressed as a percentage (the relevant percentage )) in those earnings over that period, or the part of that period in respect of which the estimate or estimates were published, as the case may be;

the annual rate of salary as at the later time in respect of the office or position, or in respect of the duties, is taken, for the purposes of the relevant provision, to be the annual rate of salary in respect of the office or position, or in respect of the duties, as at the earlier time increased by the relevant percentage.

  (5)   If at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes for a particular period an estimate of a change (including an estimate that no change has occurred) in AWOTE in substitution for an estimate of such a change for that period previously published by the Australian Statistician, the publication of the later estimate is to be disregarded for the purposes of this section.