Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005

as amended

made under paragraph 13 (1) (b) of the

This compilation was prepared on 22 April 2008
taking into account amendments up to Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2008

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

                        1     Name of Declaration [see Note 1]                                                          3

                        2     Commencement                                                                                  3

                        3     Definitions                                                                                           3

                        4     Persons eligible to become PSSAP members under Section 13 of the 2005 Act           4

Schedule 1             Persons eligible to become PSSAP members                                  5

Notes                                                                                                                                8

1              Name of Declaration [see Note 1]

                This Declaration is the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005.

2              Commencement

                This Declaration commences on 1 July 2005.

3              Definitions

In this Declaration:

4              Persons eligible to become PSSAP members under Section 13 of the 2005 Act

         (1)   Subject to subsection (2), a person listed in Schedule 1 is eligible to become a PSSAP member.

         (2)   Subsection (1) will cease to apply to a person referred to:

                (a)    in item [3] of the Schedule, when the controlling interest in ACTTAB Limited is no longer held in accordance with subsection 3 (4) of the 1995 Inclusion Declaration; and

               (b)    item [4] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (7) of the 1995 Inclusion Declaration; and

                (c)    in item [5] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (10) of the 1995 Inclusion Declaration; and

               (d)    in item [6] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (11) of the 1995 Inclusion Declaration; and

                (e)    in item [7] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (12) of the 1995 Inclusion Declaration; and

                (f)    in item [8] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (13) of the 1995 Inclusion Declaration; and

                (g)    in item [9] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (16) of the 1995 Inclusion Declaration.

Schedule 1        Persons eligible to become PSSAP members

(section 4)

[1]            A person who:

                (a)    becomes an employee under subsection 120 (3) of the Australian Securities and Investments Commission Act 2001 on or after 1 July 2005; and

               (b)    holds office as a Regional Commissioner under section 96 of that Act; and

                (c)    has elected in writing in a form approved by the Board to be eligible to be a PSSAP member.

[2]            A person who:

                (a)    becomes an employee of the Northern Land Council (Council) on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraph (c) and, if applicable, paragraph (d) of item 4 of the 1995 Inclusion Declaration; and

                (c)    immediately before last becoming an employee of the Council, was an ordinary employer‑sponsored member in respect of other employment.

[3]            A person who:

                (a)    becomes an employee of ACTTAB Limited on or after 1 July 2005; and

               (b)    meets the requirements set out in sub paragraph (b) (ii), if applicable, and paragraph (c) of item 11 of the 1995 Inclusion Declaration; and

                (c)    immediately before last becoming an employee of ACTTAB Limited, was an ordinary employer‑sponsored member in respect of other employment.

[4]            A person who:

                (a)    becomes an employee of Medibank, within the meaning of the 1995 Inclusion Declaration, on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraph (c) and, if applicable, paragraph (d) of item 15 of the 1995 Inclusion Declaration; and

                (c)    immediately before becoming an employee of Medibank, was a PSSAP member.

[5]            A person who:

                (a)    becomes an employee of the Australian Government Solicitor on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraphs (a) and (c) of item 18 of the 1995 Inclusion Declaration; and

                (c)    immediately before last becoming an employee of the Australian Government Solicitor, was an ordinary employer‑sponsored member in respect of other employment.

[6]            A person who:

                (a)    becomes an employee of the Sydney Harbour Federation Trust (the Trust) on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraph (b) of item 19 of the 1995 Inclusion Declaration; and

                (c)    immediately before last becoming an employee of the Trust, was a PSSAP member.

[7]            A person who:

                (a)    becomes an employee of Australian Training Products Limited (ATP Ltd) on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraphs (a) and (c) of item 20 of the 1995 Inclusion Declaration; and

                (c)    immediately before becoming such an employee of ATP Ltd, was an ordinary employer‑sponsored member in respect of employment with the Australian National Training Authority.

[8]            A person who:

                (a)    becomes an employee of the Australian Strategic Policy Institute Limited (ASPI Ltd) on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraphs (a) and (c) of item 21 of the 1995 Inclusion Declaration; and

                (c)    immediately before becoming such an employee of ASPI Ltd, was a PSSAP member.

[9]            A person who:

                (a)    becomes an employee of the PSS/CSS Board on or after 1 July 2005; and

               (b)    either:

                          (i)    is employed by the PSS/CSS Board on a permanent basis and immediately before becoming so employed was an ordinary employer‑sponsored member in respect of other employment; or

                         (ii)    immediately before becoming so employed, was a PSSAP member but was not an ordinary employer‑sponsored member in respect of other employment and the person made an election in a form approved by the Board to be eligible to be a PSSAP member in relation to the person’s employment with the PSS/CSS Board; or

                         (iii)    is in non‑permanent employment with the PSS/CSS Board and the person made an election in a form approved by the Board to be eligible to be a PSSAP member.

[10]          A person who:

                (a)    immediately before the Commencement Date, was employed by the Australian Capital Territory; and

               (b)    immediately before the Commencement Date, was an ordinary employer‑sponsored member in respect of that employment,

for so long as that person continues to be employed by that employer on and after the Commencement Date.

[11]          A person who:

                (a)    immediately before the Calvary Commencement Date, was employed by Calvary Health Care ACT Limited; and

               (b)    immediately before the Calvary Commencement Date, was an ordinary employer-sponsored member in respect of that employment,

for so long as that person continues to be employed by that employer on and after the Calvary Commencement Date.

Notes to the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005

Note 1

The Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005 (in force under paragraph 13 (1) (b) of the Superannuation Act 2005) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

(a)    Section 2 of the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2008 provides as follows:

This Declaration comes into effect immediately after the Superannuation (PSSAP) Approved Authority Exclusion Amendment Declaration 2008 commences.

The Superannuation (PSSAP) Approved Authority Exclusion Amendment Declaration 2008 commenced on 16 April 2008.

Table of Amendments