Section 92Q — Social Security Act 1991: Non-accruing membership—Secretary’s discretion

(1) The Secretary may, by legislative instrument, declare that, for the purposes of this Part, a specified kind of member of the pension bonus scheme is a non-accruing member throughout a period ascertained in accordance with the declaration. (1A) A period ascertained in accordance with a declaration made under subsection (1) may begin before the date on which the declaration is registered under that Act. (1B) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a declaration made under subsection (1). (2) The kinds of members that may be specified under subsection (1) include (but are not limited to): (a) a member who is a participant in the Community Development Employment Program; and (b) a member who is in gaol (see subsection 23(5)); and (c) a member who is undergoing psychiatric confinement (see subsections 23(8) and (9)) because the member has been charged with committing an offence; and (d) a member who is not a participant in the workforce, but whose partner: (i) is a participant in the workforce; and (ii) is not a registered member of the pension bonus scheme or of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and (iii) intends to become a registered member of the pension bonus scheme or of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and (e) a member who is on sick leave for a continuous period of at least 4 weeks and not more than 26 weeks.