Statutory Rules

1976 No. 138

REGULATIONS UNDER THE PAPUA NEW GUINEA (STAFFING ASSISTANCE) ACT 1973-1976.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Papua New Guinea (Staffing Assistance) Act 1973-1976.

Dated this twenty-third day of June, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

ERIC ROBINSON

Minister of State for Post and Telecommunications for and on behalf of the Treasurer.

Amendments of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations†

Commencement.

1. These Regulations shall come into operation on 1 July 1976.

Heading to Part X.

2. The heading to Part X of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is repealed and the following heading substituted:—

“ Part X—Pension Increases for Years 1973 to 1975 ”.

Interpretation.

3. (1) Regulation 103 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended by omitting from sub-regulation (1) the definition of “ pension ” and substituting the following definition:—

“ ‘ pension ’ means a pension other than a pension payable—

(a) in respect of a child;

(b) in pursuance of sub-regulation 125 (4a) to a person to whom a pension is payable under the Superannuation Act 1922; or

(c) in pursuance of regulation 42 on the death of a person who was, immediately before his death, entitled to—

(i) a pension payable in pursuance of sub-regulation 125 (4a); and

(ii) a pension payable under the Superannuation Act 1922;”.

* Notified in the Australian Government Gazette on 24 June 1976.

† Statutory Rules 1973, No. 239, as amended by Statutory Rules 1974, Nos. 128 and 156; 1975, Nos. 134 and 179; and 1976, No. 74.

(2) Regulation 103 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended by omitting from the definition of “ prescribed year ” in sub-regulation (1) the words “ or a subsequent year ” and substituting the words “ or the year commencing on 1 July 1975 ”.

(3) The amendment made by sub-regulation (1) shall be deemed to have come into operation on the date of commencement of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations.

Non-contributory portion of pension.

4. (1) Regulation 106 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended by inserting in paragraph (b) of sub-regulation (1), after the figures “ 97,”, the words and figures “ or sub-regulation 125 (4a),”.

(2) The amendment made by sub-regulation (1) shall be deemed to have come into operation on the date of commencement of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations.

Pension increases to be paid by Australia.

5. (1) Regulation 110 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is repealed.

(2) The amendment made by sub-regulation (1) shall be deemed to have come into operation on the date on which the Papua New Guinea (Staffing Assistance) (Termination) Act 1976 received the Royal Assent.

6. After regulation 111 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations the following Part is inserted:—

“ Part XA—Pension Increases on and after 1 July 1976

Interpretations.

“ 111a. (1) In this Part, unless the contrary intention appears—

‘ pension ’ means a pension other than a pension payable—

(a) in respect of a child;

(b) in pursuance of sub-regulation 125 (4a) to a person to whom a pension is payable under the Superannuation Act 1922; or

(c) in pursuance of regulation 42 on the death of a person who was, immediately before his death, entitled to—

(i) a pension payable in pursuance of sub-regulation 125 (4a); and

(ii) a pension payable under the Superannuation Act 1922;

‘ prescribed year ’ means the year commencing on 1 July 1976, and each subsequent year;

‘ Statistician ’ means the Australian Statistician.

“ (2) Subject to sub-regulation (3), if at any time, whether before or after the commencement of this regulation, the Statistician has published in respect of a particular March quarter an all groups consumer price index number for the weighted average of the 6 State capital cities in substitution for an index number previously published by him in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this Part.

“ (3) If at any time, whether before or after the commencement of this regulation, the Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this Part after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.

“ (4) If the prescribed percentage for the purposes of regulation 111b is or includes a fraction of one-tenth of 1 per centum—

(a) where that fraction is less than one-half of one-tenth—that fraction shall be disregarded; and

(b) where that fraction is not less than one-half of one-tenth—that fraction shall be treated as one-tenth.

Increases in pensions.

“ 111b. (1) Subject to this Part, if the all groups consumer price index number for the weighted average of the 6 State capital cities published by the Statistician in respect of the March quarter of the year immediately preceding a prescribed year exceeds the highest all groups consumer price index number for the weighted average of the 6 State capital cities published by the Statistician in respect of the March quarter of any earlier year, not being a year earlier than the year that commenced on 1 July 1974, a person who was in receipt of a pension immediately before the commencement of that prescribed year is entitled to an increase, as ascertained in accordance with this regulation, in the amount of the annual pension that was payable to him immediately before the commencement of that prescribed year.

“ (2) The increase provided for by sub-regulation (1) in the amount of the annual pension payable to a person immediately before the commencement of a prescribed year is the prescribed percentage of the amount of that annual pension.

“ (3) For the purposes of this regulation, the prescribed percentage is a percentage ascertained in accordance with the formula—

where—

A is the all groups consumer price index number for the weighted average of the 6 State capital cities published by the Statistician in respect of the March quarter of the year immediately preceding the prescribed year; and

B is the highest all groups consumer price index number for the weighted average of the 6 State capital cities published by the Statistician in respect of the March quarter of any year earlier than the year immediately preceding the prescribed year but not being earlier than the year that commenced on 1 July 1974.

Adjustment of increase in case of persons who become entitled to pension after previous increase.

“ 111c. (1) Where a person would, but for this regulation, be entitled to an increase in the amount of the annual pension that was payable to the person immediately before the commencement of a prescribed year and—

(a) that pension became payable by reason of the retirement of the person during the year immediately preceding that prescribed year;

(b) where the pension was payable to the person as a widow—

(i) that pension became payable by reason of the death before retirement of the husband of the person during the year immediately preceding that prescribed year; or

(ii) the pension that was payable to the husband of the person became payable by reason of the retirement of that husband during the year immediately preceding that prescribed year; or

(c) in the case of a pension payable in accordance with regulation 96—

(i) if the pension was payable to the person otherwise than as a widow—the pension became payable during the year immediately preceding that prescribed year; or

(ii) where the pension was payable to the person as a widow—

(a) if a pension in accordance with that regulation was not payable to the husband of the person immediately before his death—the pension became payable during the year immediately preceding that prescribed year; or

(b) if a pension in accordance with that regulation was payable to the husband of the person immediately before his death—the pension that was payable to that husband became payable during the year immediately preceding that prescribed year,

the following provisions of this regulation have effect.

“ (2) If the retirement or death took place, or the pension in accordance with regulation 96 became payable, after 15 June in the year immediately preceding the relevant prescribed year, the person is not entitled to the increase.

“ (3) If the retirement or death took place, or the pension in accordance with regulation 96 became payable, on or before 15 June in the year immediately preceding the relevant prescribed year, the amount of the increase is so much only of the amount that, but for this regulation, would have been the amount of the increase as bears to that last-mentioned amount the same proportion as the number of months in the period that commenced on the day after the day on which the retirement or death took place, or the pension in accordance with regulation 96 became payable, and ended on 30 June in that first-mentioned year bears to 12.

“ (4) If the period referred to in sub-regulation (3) is less than 1 month, that period shall be treated as 1 month.

“ (5) If the period referred to in sub-regulation (3) consists of a number of whole months and a part of a month—

(a) where the number of days in that part of a month is less than one-half of the number of days in that month—that part of a month shall be disregarded; and

(b) where the number of days in that part of a month is not less than one-half of the number of days in that month—that part of a month shall be treated as a whole month.

Modification.

“ 111d. (1) In calculating for the purposes of sub-regulation 41 (2) the amount of the annual rate of the pension that, but for the death of a widow, would, by virtue of sub-regulation 41 (1), have been payable to the widow, any amount by which that amount would have been increased by virtue of the operation of Part X or this Part shall be taken into account.

“ (2) In calculating for the purposes of sub-regulation 42 (6) the amount of the annual rate of pension that, but for the death of a widow, would, by virtue of sub-regulation 42 (1), have been payable to the widow, any amount by which that amount would have been increased by virtue of the operation of Part X or this Part shall be taken into account.

“ (3) In calculating for the purposes of sub-regulation 43 (1) the amount of the annual rate of the pension that, but for the death or divorce of the wife of a contributor or pensioner would, by virtue of sub-regulation 41 (1) or sub-regulation 42 (1), have been payable to the wife, any amount by which that amount would have been increased by virtue of the operation of Part X or this Part shall be taken into account.

Date effect of increases.

“ 111e. An increase payable by virtue of this Part in the amount of the annual pension that was payable to a person on 30 June in a year applies in relation to the instalment of pension falling due on the first pension pay-day occurring after that day and in relation to all subsequent instalments.”.

Saving of pensions, &c.

7.(1) Regulation 125 of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations is amended by inserting after sub-regulation (4) tie following sub-regulation:—

“ (4a) Where, immediately before the commencement of these Regulations, a person was entitled to a pension in accordance with the Superannuation Ordinance 1917-1955 of the Territory of Papua or the Superannuation Ordinance 1928-1955 of the Territory of New Guinea, as the case may be, that pension shall, after the commencement of, and subject to, these Regulations, continue to be payable to him.”,

(2) The amendment made by sub-regulation (1) shall be deemed to have come into operation on the date of commencement of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations.

(3) Where, during the period commencing on the date of commencement of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations and ending on the date of commencement of this sub-regulation, payments were made to a person who was, immediately before the commencement of those Regulations, entitled to a pension referred to in sub-regulation 125 (4a) of those Regulations as amended by these Regulations, being payments purporting to have been made by way of that pension, those payments shall be deemed to have been made in pursuance of that last-mentioned sub-regulation.

(4) Where, during the period commencing on the date of commencement of the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations and ending on the date of commencement of this sub-regulation, payments were made to a person (being payments purporting to have been made by way of pension to that person on the death of a person who was, immediately before the commencement of those Regulations, entitled to a pension referred to in sub-regulation 125 (4a) of those Regulations as amended by these Regulations), those payments shall be deemed to have been made in pursuance of regulation 42 or 43, as the case may be, of those first-mentioned Regulations.