Commonwealth Consolidated Acts

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SUPERANNUATION ACT 2005 - SECT 6

Extended meaning of employed

Directors of companies and other bodies corporate

  (1)   For the purposes of this Act, if:

  (a)   a person is a full - time director of a company or other body corporate; and

  (b)   the company or other body is an approved authority; and

  (c)   the company or other body is incorporated under a law of the Commonwealth or of a State or Territory; and

  (d)   the person is not specified in a written declaration made by the Minister under this paragraph;

the person is employed by the company or other body.

Note:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

  (2)   The Minister may, by writing, declare that, for the purposes of this Act, a specified person is employed by a company or other body corporate, so long as:

  (a)   the person is a director of the company or other body; and

  (b)   the person is not a full - time director of the company or other body; and

  (c)   the company or other body is an approved authority; and

  (d)   the company or other body is incorporated under a law of the Commonwealth or of a State or Territory.

Note:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

Declarations

  (3)   A declaration under paragraph   (1)(d) or subsection   (2) is a legislative instrument.

  (4)   Despite anything in regulations made for the purposes of paragraph   44(2)(b) of the Legislation Act 2003 , section   42 (disallowance) of that Act applies to a declaration under paragraph   (1)(d) or subsection   (2) of this section.



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