TWENTY-THIRD AMENDMENT

of the

PUBLIC SECTOR SUPERANNUATION SCHEME TRUST DEED

THIS DEED is made on 9 August 2004 by THE COMMONWEALTH OF AUSTRALIA.

WHEREAS section 4 of the Superannuation Act 1990 (the Act) provides for the Minister to establish an occupational superannuation scheme to be administered by the Board established under section 20 of the Act (the Board);

WHEREAS the Public Sector Superannuation Scheme (the Scheme) was established by Trust Deed dated 21 June 1990[1];

AND WHEREAS the Schedule to the Trust Deed contains Rules for the administration of the Scheme;

AND WHEREAS section 5 of the Act provides for the Minister, by instrument in writing, to amend the Trust Deed, and requires the consent of the Board to amendments in certain circumstances;

AND WHEREAS the Board has consented to the amendments provided for in this Deed.

NOW THIS DEED WITNESSES as follows:

1.                       The amendments to the Rules made by this Deed come into effect on the date of gazettal [see the Acts Interpretation Act 1901, sections 46A and 48].

2.                       This Deed is to be read as if it formed part of the Trust Deed and, where the context requires or admits, a word or phrase in this Deed has the same meaning that it has in the Trust Deed.

3.                       The Rules are amended as follows:

3.1                   Rule 1.2.1 is amended by deleting the definition of compensation leave and substituting the following definition:

“compensation leave             means any period during which a person is absent full-time from his/her employment due to an incapacity for work resulting from:

·               an injury in respect of which compensation is payable under section 19 or 22 of the Safety, Rehabilitation and Compensation Act 1988; or

·               a service injury or disease (within the meaning of the Military Rehabilitation and Compensation Act 2004) in respect of which the person is receiving compensation under section 86 (part-time Reservists), 87 (incapacitated cadets and declared members) or 127 (former member maintained in hospital) of that Act; or

·               any period in respect of which persons not covered by those Acts are receiving similar compensation payments.”

3.2                   Rule 1.2.1 is amended by inserting the following definition after the definition of member spouse:

“Military Rehabilitation and means the Commission established under the Military

Compensation Commission             Rehabilitation and Compensation Act 2004.”

3.3                   Rule 4.2.1 is amended by deleting paragraph (c) and substituting the following paragraph:

“(c)      a period of compensation leave granted under the Safety, Rehabilitation and Compensation Act 1988 or the Military Rehabilitation and Compensation Act 2004, or under similar arrangements.”

3.4                   Rule 10.7.4 is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)      consult with Comcare or the Military Rehabilitation and Compensation Commission, or other appropriate body, with a view to implementing such a program; and”

3.5                   Rule 10.7.5 is amended by deleting paragraph (c) and substituting the following paragraph:

“(c)      where the member is on compensation leave (or is suffering from a compensable condition), the assessment of the member’s medical condition by Comcare, or other appropriate body, except where the compensation leave or compensable condition is the result of a service injury or disease within the meaning of the Military Rehabilitation and Compensation Act 2004;”

3.6                   Rule 10.7.5 is amended by inserting the following paragraph after paragraph (d):

“(e)      where the member is on compensation leave (or is suffering from a compensable condition) resulting from a service injury or disease within the meaning of the Military Rehabilitation and Compensation Act 2004, any views of the Military Rehabilitation and Compensation Commission that are provided to the Board regarding the member’s medical condition.”

3.7                   Rule 10.10.3 is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)      consult with Comcare or the Military Rehabilitation and Compensation Commission, or other appropriate body, with a view to implementing such a program; and”

IN WITNESS WHEREOF this Deed has been executed the day and year first hereinbefore written.

SIGNED, SEALED AND DELIVERED                        )

                                                                                      )

by the Honourable NICHOLAS HUGH MINCHIN       )           SIGNED

                                                                                      )

Minister for Finance and Administration               )

                                                                                      )

for and on behalf of                                                         )

                                                                                      )

THE COMMONWEALTH OF                         )

                                                                                      )

AUSTRALIA, in the presence of:                                    )

                                                                                      )

                                                                                      )

                          (name)                                                  )           Chris Keane

                                                                                      )

                                                                                      )

                          (address)                                              )           20 Clifton St

                                                                                      )           PROSPECT  SA  5082

                                                                                      )

                          (description)                                         )           Adviser

                                                                                      )

Note to the Deed:

TABLE LISTING TRUST DEED AND AMENDING DEEDS

Section 45 of the Superannuation Act 1990 provides, in part, that instruments under section 5(1) amending the Trust Deed are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.  The effect of these provisions is that amending instruments are required to be notified in the Gazette and take effect from the date of gazettal unless the instrument provides otherwise.