Federal Register of Legislation - Australian Government

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SR 1997 No. 71 Declarations/Superannuation as made
Amends the definition of top-up arrangement in the Superannuation (PSS) Membership Exclusion Declaration.
Administered by: Finance
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 42
Registered 23 Feb 2006
Gazetted 08 Apr 1997
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014
Table of contents.

Statutory Rules 1997   No. 711


Superannuation (PSS) Membership Exclusion Declaration2 (Amendment)

I, JOHN FAHEY, Minister for Finance, make the following Declaration under paragraph 6 (2) (c) of the Superannuation Act 1990.

Dated 18 March 1997.






Minister for Finance


1.   Amendment

1.1   The Superannuation (PSS) Membership Exclusion Declaration is amended as set out in this Declaration.

[NOTE: This Declaration commences on gazettal: see Acts Interpretation Act 1901, ss. 46A and 48.]

2.   Clause 3 (Interpretation)

2.1   Subclause 3 (1) (definition of “top-up arrangement”):

Omit the definition, substitute:

‘top-up arrangement’ means an arrangement in relation to the employment of, or the holding of an office by, a person (‘the payee’):

             (a)   under which:

                          (i)   another person (‘the payer’) contributes, on behalf of the payee, to a superannuation scheme (which may be a scheme that applies only to the payee) under which superannuation or retirement benefits are payable to, or in relation to, the payee; and

                         (ii)   the contributions are part of, and not additional to, the payee’s overall remuneration package provided by the payer; and

             (b)   that is entered into on the basis that:

                          (i)   the payee continues to be, or becomes, a member of the Public Sector Superannuation Scheme; and

                         (ii)   the payer continues to be, or becomes, the designated employer of the payee;

                     in relation to that employment or holding of office.”.



1.   Notified in the Commonwealth of Australia Gazette on 8 April 1997.

2.   Statutory Rules 1995 No. 217 as amended by 1995 No. 233; 1996 Nos. 4 and 172.