Statutory Rules 1998 No. 2431
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Superannuation (PSS) Membership Exclusion Declaration2 (Amendment)
I, JOHN JOSEPH FAHEY, Minister for Finance and Administration, make the following Declaration under paragraph 6 (2) (c) of the Superannuation Act 1990.
Dated 23 July 1998.
JOHN FAHEY
Minister for Finance and Administration
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1. Commencement
1.1 This declaration commences on 1 August 1998.
2. Amendment
2.1 The Superannuation (PSS) Membership Exclusion Declaration is amended as set out in this declaration.
3. Clause 4 (Persons to whom section 6 of the 1990 Act does not apply)
3.1 Subclause 4 (1):
Omit “Section 6”, substitute “Subject to subclauses (2) and (3), section 6”.
3.2 Add at the end:
“(3) Section 6 of the 1990 Act ceases to apply to a person referred to in paragraph (a) of item 38 in the Schedule at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of the Australian Government Solicitor;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by the Australian Government Solicitor, other than:
(i) the scheme provided for in the 1990 Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) a scheme of which the person is a member for top-up purposes only;
(c) the day immediately before the day on which the Australian Government Solicitor becomes neither:
(i) an Agency within the meaning of the Financial Management and Accountability Act 1997; nor
(ii) a Commonwealth authority, or a Commonwealth company, within the meaning of the Commonwealth Authorities and Companies Act 1997.”.
4. Schedule (Persons to whom section 6 of the 1990 Act does not apply)
4.1 Add at the end:
| “38 | A person whom, on or after 1 August 1998, becomes a person to whom Division 2 or 3 of Part IV of the Public Service Act applies, unless the person: (a) if a body known as the Australian Government Solicitor is established by statute, becomes an employee of that body by reason of a declaration under subsection 81C (1) of the Public Service Act; and (b) is not, in relation to the person’s employment in the Australian Government Solicitor, a member of a superannuation scheme, other than: (i) the scheme provided for in the 1990 Act; or (ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or (iii) a scheme of which the person is a member for top-up purposes only.”. |
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 31 July 1998.
2. Statutory Rules 1995 No. 217 as amended by 1995 No. 233; 1996 Nos. 4 and 172; 1997 Nos. 71 and 324.