Federal Register of Legislation - Australian Government

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Declarations/Superannuation as amended, taking into account amendments up to Superannuation (PSS) Membership Inclusion Amendment Declaration 2019 (No. 1)
Administered by: Finance
Registered 04 Jul 2019
Start Date 01 Jul 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Superannuation (PSS) Membership Inclusion Declaration 2006

made under paragraph 6(1)(j) of the

Superannuation Act 1990

Compilation No. 8

Compilation date:                              1 July 2019

Includes amendments up to:            F2019L00189

Registered:                                         4 July 2019

 

About this compilation

This compilation

This is a compilation of the Superannuation (PSS) Membership Inclusion Declaration 2006 that shows the text of the law as amended and in force on 1 July 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of Declaration...................................................................................................... 1

3............ Interpretation................................................................................................................. 1

4............ Persons to whom section 6 of the 1990 Act applies...................................................... 3

Schedule 1—Persons to whom section 6 of the 1990 Act applies           9

Endnotes                                                                                                                                                               17

Endnote 1—About the endnotes                                                                                                      17

Endnote 2—Abbreviation key                                                                                                          18

Endnote 3—Legislation history                                                                                                       19

Endnote 4—Amendment history                                                                                                     20

Endnote 5—Editorial changes                                                                                                          21

 


1  Name of Declaration

                   This Declaration is the Superannuation (PSS) Membership Inclusion Declaration 2006.

3  Interpretation

             (1)  In this Declaration:

1976 Act means the Superannuation Act 1976.

1990 Act means the Superannuation Act 1990.

ACECQA (short for the Australian Children’s Education and Care Quality Authority) has the same meaning as in the Education and Care Services National Law Act 2010 (Vic).

AHPRA means the Australian Health Practitioner Regulation Agency established upon commencement of Part 2 of the Health Practitioner Regulation National Law (ACT) Act 2010 and representing the Australian Capital Territory.

alternative superannuation scheme, in relation to a person who is employed in a particular capacity, or who is the holder of a particular office:

                     (a)  means a superannuation scheme to which contributions are made in relation to the person’s employment or holding of the office; but

                     (b)  does not include any of the following:

                              (i)  a scheme to which contributions are made in relation to the person for:

                                        (A)  if the person is employed in a particular capacity—other employment or the holding of an office; or

                                        (B)  if the person is the holder of a particular office—other employment or the holding of another office;

                             (ii)  a scheme to the extent that membership of that scheme by the person is for the preservation, or payment, of productivity benefits;

                            (iii)  a scheme to the extent that participation in that scheme on the person’s behalf is for purposes solely related to satisfying obligations under the Superannuation Guarantee (Administration) Act 1992;

                            (iv)  a scheme to which contributions are made in relation to the person only in relation to performance pay;

                             (v)  for a prescribed person—a scheme of which the person is taken, under subsection (2), to be a member for top‑up purposes.

Example:    If a person is a member, and is making voluntary contributions to an RSA without any employer contributions, the RSA will not be an alternative superannuation scheme. However, if the person’s employer makes contributions to the RSA, above the superannuation guarantee rate, the RSA will be an alternative superannuation scheme.

APRA means the Australian Prudential Regulation Authority established by the Australian Prudential Regulation Authority Act 1998.

ARPC means the Australian Reinsurance Pool Corporation established by the Terrorism Insurance Act 2003.

ASIC means the Australian Securities and Investments Commission established by the Australian Securities and Investments Commission Act 1989 and continued in existence by the Australian Securities and Investments Commission Act 2001.

Australian Hearing Services means the body corporate established under Part 2 of the Australian Hearing Services Act 1991.

AWB Limited means the company (ACN 081 890 459) that was established under the Corporations Law on 1 June 1998.

CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.

Health Services Australia Limited means the company (ACN 078 934 791) that was incorporated under the Corporations Law on 17 June 1997.

Medibank means the company (ACN 080 890 259) that was incorporated under the Corporations Law on 1 December 1997.

member, of a superannuation scheme that is an RSA, means a holder of the RSA.

performance pay means a payment of that name made under:

                     (a)  an industrial agreement under Division 3A of Part VI of the Industrial Relations Act 1988 as in force immediately before 30 March 1994; or

                     (b)  an agreement under Part VIB of that Act in force before 15 November 1996.

PHIAC means the Private Health Insurance Administration Council established by the National Health Act 1953 and continued in existence under Part 6‑3 of the Private Health Insurance Act 2007.

prescribed person means a person who holds office or is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non‑monetary form (for example, a top‑up arrangement).

productivity benefits means benefits that are productivity related benefits within the meaning of section 110A of the 1976 Act.

SMHEA corporatisation date means the date on which section 59 of the Snowy Hydro Corporatisation Act 1997 commences.

State superannuation scheme, means a superannuation scheme:

                     (a)  established under the law of a State or Territory; and

                     (b)  applying to persons employed in, or appointed to, the Public Service, or any other service, of the State or Territory;

but does not include, in the case of a prescribed person, a scheme of which the person is taken to be a member for top‑up purposes.

superannuation scheme:

                     (a)  means a scheme, fund or arrangement, however established, under which superannuation or retirement benefits are payable; and

                     (b)  includes an RSA within the meaning of the Retirement Savings Account Act 1997.

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.

Note:          Unless the contrary intention appears, terms defined in the Superannuation Act 1990 have the same meaning in this Declaration. For example, section 3 of that Act contains the following definition:

Public Sector Superannuation Scheme means the superannuation scheme established by the Trust Deed.

             (2)  For the purposes of this Declaration, a person is taken to be a member of a superannuation scheme for top‑up purposes if the person is a member of the scheme only because of:

                     (a)  a top‑up arrangement; or

                     (b)  a top‑up arrangement and any of the following circumstances:

                              (i)  contributions relating to performance pay are made to the scheme;

                             (ii)  the person is a member of the scheme for the purpose of the preservation, or payment, of productivity benefits;

                            (iii)  participation in the scheme on the person’s behalf by the person’s employer is for purposes solely related to satisfying the employer’s obligations under the Superannuation Guarantee (Administration) Act 1992.

4  Persons to whom section 6 of the 1990 Act applies

             (1)  For the purposes of paragraph 6 (1) (j) of the 1990 Act, and subject to this section, section 6 of the 1990 Act applies to a person described in Schedule 1.

             (2)  Section 6 of the 1990 Act applies to a person referred to in item 8 of Schedule 1 only while a controlling interest in Australian Meat Technology Pty Limited is held by all or any of the following:

                     (a)  the Commonwealth (or its nominees); or

                     (b)  an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Commonwealth; or

                     (c)  a company, or other body corporate, in which the Commonwealth (or its nominees), or an authority or body referred to in paragraph (b), has a controlling interest.

             (3)  Section 6 of the 1990 Act applies to a person referred to in item 9 of Schedule 1 only while a controlling interest in Australian Information Media Pty Limited is held by all or any of the following:

                     (a)  the Commonwealth (or its nominees); or

                     (b)  an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Commonwealth; or

                     (c)  a company, or other body corporate, in which the Commonwealth (or its nominees), or an authority or body referred to in paragraph (b), has a controlling interest.

             (4)  Section 6 of the 1990 Act applies to a person referred to in item 11 of Schedule 1 only while a controlling interest in ACTTAB Limited is held by all or any of the following:

                     (a)  the Australian Capital Territory (or its nominees);

                     (b)  an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Australian Capital Territory;

                     (c)  a company, or other body corporate, in which the Australian Capital Territory (or its nominees), or an authority or body referred to in paragraph (b), has a controlling interest.

             (5)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 12 of Schedule 1 at the end of the first occurring of the following days:

                     (a)  31 December 1996;

                     (b)  the day on which the person ceases to be employed by the Nuclear Safety Bureau (NSB);

                     (c)  the day immediately before the day on which the person becomes, in relation to the person’s employment with NSB, a member of an alternative superannuation scheme;

                     (d)  the day immediately before the day on which the person becomes a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

             (6)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 13 or 14 of Schedule 1 at the end of the first occurring of the following days:

                     (a)  the day on which the person ceases to be an employee of Australian Law Reform Commission (in this determination called ALRC);

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with ALRC, a member of an alternative superannuation scheme.

             (7)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 15 of Schedule 1 at the end of the first occurring of the following days:

                     (a)  the day on which the person ceases to be an employee of Medibank;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with Medibank, a member of an alternative superannuation scheme;

                     (c)  if Commonwealth control of Medibank ceases—the last day on which Medibank is under Commonwealth control.

             (8)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 16 of Schedule 1 at the end of the first occurring of the following days:

                     (a)  the day on which the person ceases to be an employee of Employment National (Administration) Pty Ltd;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with Employment National (Administration) Pty Ltd, a member of an alternative superannuation scheme;

                     (c)  if Commonwealth control of Employment National (Administration) Pty Ltd ceases—the last day on which Employment National (Administration) Pty Ltd is under Commonwealth control.

             (9)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 17 of Schedule 1 at the end of the first occurring of the following days:

                     (a)  the day on which the person ceases to be an employee of AWB Limited;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with AWB Limited, a member of an alternative superannuation scheme;

                     (c)  if Commonwealth control of AWB Limited ceases—the last day on which AWB Limited is under Commonwealth control.

           (10)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 18 of Schedule 1 at the end of the earliest 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, in relation to the person’s employment with the Australian Government Solicitor, a member of an alternative superannuation scheme;

                     (c)  the day immediately before the day on which the Australian Government Solicitor ceases to be a corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.

           (11)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 19 of Schedule 1 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 Sydney Harbour Federation Trust (the Trust);

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with the Trust, a member of an alternative superannuation scheme;

                     (c)  the day on which the Trust ceases to be a corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.

           (12)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 20 of Schedule 1 at the end of the first occurring of the following days:

                     (a)  the day on which the person ceases to be an employee of Australian Training Products Limited (ATP Ltd);

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with ATP Ltd, a member of an alternative superannuation scheme;

                     (c)  if Commonwealth control of ATP Ltd ceases—the day on which ATP Ltd ceases to be under Commonwealth control.

           (13)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 21 of Schedule 1 at the end of the first occurring of the following days:

                     (a)  the day on which the person ceases to be an employee of Australian Strategic Policy Institute Limited (ASPI Ltd);

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with ASPI Ltd, a member of an alternative superannuation scheme;

                     (c)  the day on which ASPI Ltd ceases to be a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013.

           (14)  Subsection (15) applies on and after the SMHEA corporatisation date.

           (15)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 22 of Schedule 1 at the end of the first‑occurring of the following days:

                     (a)  the day on which the person ceases to be an employee of Snowy Hydro Limited;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with Snowy Hydro Limited, a member of an alternative superannuation scheme;

                     (c)  the day on which a person or entity other than the following becomes a shareholder of Snowy Hydro Limited:

                              (i)  the Commonwealth;

                             (ii)  New South Wales;

                            (iii)  Victoria;

                     (d)  if payments in respect of benefits for members of the Public Sector Superannuation Scheme who are employed by Snowy Hydro Limited cease to be made by Snowy Hydro Limited—the last day to which the last of those payments relates;

                     (e)  if payments in respect of administration costs for members of the Public Sector Superannuation Scheme who are employed by Snowy Hydro Limited cease to be made by Snowy Hydro Limited—the last day to which the last of those payments relates.

           (16)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 23 of Schedule 1 at the end of the earlier of:

                     (a)  the day on which the person ceases to be an employee of the CSC; and

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with the CSC, a member of an alternative superannuation scheme.

           (17)  Section 6 of the 1990 Act applies to a person referred to in item 24 in Schedule 1 only while a controlling interest in Rhodium Asset Solutions Limited is held by all or any of the following:

                     (a)  the Australian Capital Territory (or its nominees);

                     (b)  an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Australian Capital Territory;

                     (c)  a company, or other body corporate, in which the Australian Capital Territory (or its nominees), or an authority or body referred to in paragraph (b), has a controlling interest.

           (19)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 26 of Schedule 1 at the end of the earlier of:

                     (a)  the day on which the person ceases to be an employee of Health Services Australia Limited;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with Health Services Australia Limited, a member of an alternative superannuation scheme;

                     (c)  if Health Services Australia Limited ceases to be owned by Medibank – the last day on which Health Services Australia Limited is owned by Medibank; or

                     (d)  if Health Services Australia Limited is owned by Medibank and Commonwealth control of Medibank ceases – the last day on which Medibank is under Commonwealth control.

           (20)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 27 of Schedule 1 at the end of the earlier of:

                     (a)  the day on which the person ceases to be an employee of AHPRA;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with AHPRA, a member of an alternative superannuation scheme; or

                     (c)  if AHPRA ceases to be a statutory authority of the Australian Capital Territory—the last day on which AHPRA is a statutory authority.

           (21)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 28 of Schedule 1 at the end of the earlier of:

                     (a)  the day on which the person ceases to be an employee of ACECQA;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with ACECQA, a member of an alternative superannuation scheme; or

                     (c)  if ACECQA ceases to be a statutory authority of Victoria – the last day on which ACECQA is a statutory authority of Victoria.

           (22)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 29 of Schedule 1 at the end of the earlier of:

                     (a)  the day on which the person ceases to be an employee of ARPC;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with ARPC, a member of an alternative superannuation scheme; or

                     (c)  if ARPC ceases to be a corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013—the last day on which ARPC is a corporate Commonwealth entity.

           (23)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 30 of Schedule 1 at the end of the earlier of:

                     (a)  the day on which the person ceases to be an employee of Australian Hearing Services;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with Australian Hearing Services, a member of an alternative superannuation scheme; or

                     (c)  if Australian Hearing Services ceases to be a corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013—the last day on which Australian Hearing Services is a corporate Commonwealth entity.

           (24)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 31 of Schedule 1 at the end of the earlier of:

                     (a)  the day on which the person ceases to be an employee of APRA;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with APRA, a member of an alternative superannuation scheme; or

                     (c)  if APRA ceases to be a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013—the last day on which APRA is a Commonwealth entity.

           (25)  Section 6 of the 1990 Act ceases to apply to a person referred to in item 32 of Schedule 1 at the end of the earlier of:

                     (a)  the day on which the person ceases to be an employee of ASIC;

                     (b)  the day immediately before the day on which the person becomes, in relation to the person’s employment with ASIC, a member of an alternative superannuation scheme; or

                     (c)  if ASIC ceases to be a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 – the last day on which ASIC is a Commonwealth entity.

 


Schedule 1Persons to whom section 6 of the 1990 Act applies

(section 4)

  

3                 A person who:

                     (a)  is taken, by force of subsection 15 (2) of the Repatriation Institutions (Transfer) Act 1992, to have resigned from the Australian Public Service at the start of the day (the relevant day) on which a State, or an authority of a State, started to operate a repatriation institution (within the meaning of that Act); and

                     (b)  on the day before the relevant day:

                              (i)  was a member of the Public Sector Superannuation Scheme; or

                             (ii)  made a declaration and an election under subsection 244 (1) of the 1976 Act; and

                     (c)  is, on the relevant day, in employment that is acceptable continuing employment at that repatriation institution within the meaning of the Repatriation Institutions (Transfer) Act 1992; and

                     (d)  on and from the relevant day:

                              (i)  has not ceased to be in that employment; or

                             (ii)  if the repatriation institution was, on the relevant day, operated by a State or an authority of a State—is in other employment with the State or authority, or with another authority of the State; and

                     (e)  is not a member of a State superannuation scheme; and

                      (f)  is not a person in relation to whom the Minister has signed a certificate that there are no arrangements, satisfactory to the Minister, for the State, or the authority of a State referred to in paragraph (d), to pay the Commonwealth for providing superannuation under the 1990 Act for the person.

4                 A person who:

                     (a)  is an employee of the Northern Land Council; and

                     (b)  immediately before last becoming an employee of the Council:

                              (i)  was a member of the Public Sector Superannuation Scheme; or

                             (ii)  made a declaration and an election under subsection 244 (1) of the 1976 Act; and

                     (c)  in relation to his or her employment with the Council, is not a member of an alternative superannuation scheme; and

                     (d)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

5                 A person who:

                     (a)  on 31 December 1991:

                              (i)  was a member of the Public Sector Superannuation Scheme; and

                             (ii)  was employed by the Canberra Institute of the Arts; and

                     (b)  on 1 January 1992, became employed by The Australian National University; and

                     (c)  has not subsequently ceased to be employed by the University; and

                     (d)  is not a member of the Superannuation Scheme for Australian Universities, unless:

                              (i)  if he or she is a prescribed person—he or she is taken to
be a member of that Scheme for top‑up purposes under subsection 3 (2); or

                             (ii)  during a period of leave without pay from the University, he or she:

                                        (A)  engages in other employment with the University’s permission; and

                                        (B)  is a member of that Scheme because of that other employment.

6                 A person who:

                     (a)  became an officer (that is, the Managing Director or an employee) of the Australian Wool Research and Promotion Organisation (AWRPO) because of subsection 36 (1) of the Wool Legislation (Repeals and Consequential Provisions) Act 1993 (the Repeal Act); and

                     (b)  has not subsequently ceased to be an officer of AWRPO; and

                     (c)  immediately before the commencement of the Repeal Act:

                              (i)  was a member of the Public Sector Superannuation Scheme; or

                             (ii)  made a declaration and an election under subsection 244 (1) of the 1976 Act; and

                     (d)  before 15 February 1994, requested, in writing, to continue to be treated as a member of the Public Sector Superannuation Scheme in relation to the person’s holding office as an officer of AWRPO; and

                     (e)  in relation to the person’s holding office as an officer of AWRPO, is not a member of an alternative superannuation scheme; and

                      (f)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

7                 A person who:

                     (a)  is an officer (that is, the Chief Executive or an employee) of Wool International; and

                     (b)  immediately before becoming an officer of Wool International, had continuously been an officer (that is, the Managing Director or an employee) of the Australian Wool Research and Promotion Organisation (AWRPO) since the commencement of the Wool Legislation (Repeals and Consequential Provisions) Act 1993 (the Repeal Act); and

                     (c)  became an officer of AWRPO because of subsection 36 (1) of the Repeal Act; and

                     (d)  has not subsequently ceased to be an officer of Wool International; and

                     (e)  immediately before the commencement of the Repeal Act:

                              (i)  was a member of the Public Sector Superannuation Scheme; or

                             (ii)  made a declaration and an election under subsection 244 (1) of the 1976 Act; and

                      (f)  before 15 February 1994, requested, in writing, to continue to be treated as a member of the Public Sector Superannuation Scheme; and

                     (g)  in relation to the person’s holding office as an officer of Wool International, is not a member of an alternative superannuation scheme; and

                     (h)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

8                 A person who:

                     (a)  is an employee of Australian Meat Technology Pty Limited (AMT); and

                     (b)  immediately before last becoming an employee of AMT:

                              (i)  was an employee of the Commonwealth Scientific and Industrial Research Organisation; and

                             (ii)  either:

                                        (A)  was a member of the Public Sector Superannuation Scheme; or

                                        (B)  made a declaration and an election under subsection 244 (1) of the 1976 Act; and

                     (c)  has not subsequently ceased to be an employee of AMT; and

                     (d)  if the person became an employee of AMT before 3 May 1994, requested, in writing, before that day, to continue to be treated as a member of the Public Sector Superannuation Scheme in relation to the person’s employment with AMT; and

                     (e)  in relation to the person’s employment with AMT, is not a member of an alternative superannuation scheme.

9                 A person who:

                     (a)  is an employee of Australian Information Media Pty Limited (AIM); and

                     (b)  immediately before last becoming an employee of AIM:

                              (i)  was a member of the Public Sector Superannuation Scheme; or

                             (ii)  made a declaration and an election under subsection 244 (1) of the 1976 Act; and

                     (c)  in relation to the person’s employment with AIM, is not a member of an alternative superannuation scheme; and

                     (d)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

10               A person who:

                     (a)  is an employee of Airservices Australia (AA) because of a determination under subsection 8 (3) of the Civil Aviation Legislation Amendment Act 1995; and

                     (b)  immediately before last becoming an employee of AA either:

                              (i)  was a member of the Public Sector Superannuation Scheme; or

                             (ii)  made a declaration and an election under subsection 244 (1) of the 1976 Act; and

                     (c)  in relation to the person’s employment with AA, is not a member of an alternative superannuation scheme; and

                     (d)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

11               A person who:

                     (a)  is an employee of ACTTAB Limited; and

                     (b)  either:

                              (i)  immediately before last becoming an employee of ACTTAB Limited:

                                        (A)  was a member of the Public Sector Superannuation Scheme; or

                                        (B)  made a declaration and an election under subsection 244 (1) of the 1976 Act; or

                             (ii)  on 30 June 1996, was a Category A Member of the ACTTAB Staff Superannuation Plan; and

                     (c)  in relation to the person’s employment with ACTTAB Limited, is not a member of an alternative superannuation scheme.

12               A person who:

                     (a)  is an employee of the Nuclear Safety Bureau (NSB); and

                     (b)  after becoming an employee of NSB, made contributions to the Public Sector Superannuation Scheme as if he or she were a member of that Scheme, despite the fact that he or she was not entitled to make contributions to that Scheme; and

                     (c)  in relation to the person’s employment with NSB, is not a member of an alternative superannuation scheme; and

                     (d)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

13               A person who:

                     (a)  became an employee of the ALRC on 11 November 1996; and

                     (b)  immediately before becoming so employed, was a member employed by the Law Reform Commission; and

                   (ba)  after becoming an employee of ALRC, made contributions to the Public Sector Superannuation Scheme as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and

                     (c)  is not, in relation to the person’s employment with ALRC, a member of an alternative superannuation scheme; and

                     (d)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

14               A person who:

                     (a)  commenced employment with ALRC on or after 11 November 1996; and

                     (b)  made an election under section 8 of the 1990 Act to become a member of the scheme; and

                     (c)  after becoming an employee of ALRC, made contributions to the Public Sector Superannuation Scheme as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and

                     (d)  is not, in relation to the person’s employment with ALRC, a member of an alternative superannuation scheme; and

                     (e)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

15               A person who:

                     (a)  on or after 1 December 1997 became, or becomes, an employee of Medibank; and

                     (b)  is either:

                              (i)  a person who, immediately before last becoming so employed, was a member; or

                             (ii)  a person to who had a preserved benefit under the 1990 Act immediately before becoming so employed; and

                     (c)  is not, in relation to the person’s employment with Medibank, a member of an alternative superannuation scheme; and

                     (d)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

16               A person who:

                     (a)  became an employee of Employment National (Administration) Pty Ltd on 1 May 1998; and

                     (b)  immediately before becoming so employed, was a member employed by the Department of Employment, Education, Training and Youth Affairs; and

                     (c)  is not, in relation to the person’s employment with Employment National (Administration) Pty Ltd, a member of an alternative superannuation scheme; and

                     (d)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

17               A person who:

                     (a)  became an employee of AWB Limited during the period from 1 June 1998 to 30 June 1999 (inclusive); and

                     (b)  immediately before becoming so employed, was a member employed by the Australian Wheat Board; and

                     (c)  is not, in relation to the person’s employment with AWB Limited, a member of an alternative superannuation scheme; and

                     (d)  is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.

18               A person who:

                     (a)  on or after 1 September 1999 becomes an employee of the Australian Government Solicitor; and

                     (b)  is a person who immediately before last becoming so employed, was a member of the Public Sector Superannuation Scheme; and

                     (c)  is not, in relation to the person’s employment with the Australian Government Solicitor, a member of an alternative superannuation scheme.

19               A person who:

                     (a)  immediately before commencing employment with the Sydney Harbour Federation Trust (the Trust) was:

                              (i)  a member of the Public Sector Superannuation Scheme; or

                             (ii)  a person who had a preserved benefit under the Rules; and

                     (b)  is not, in relation to the person’s employment with the Trust, a member of an alternative superannuation scheme.

20               A person who:

                     (a)  became, or becomes, an employee of Australian Training Products Limited (ATP Ltd) on or after 1 July 2001; and

                     (b)  immediately before becoming so employed, was a member of the Public Sector Superannuation Scheme employed by the Australian National Training Authority; and

                     (c)  is not, in relation to the person’s employment with ATP Ltd, a member of an alternative superannuation scheme.

21               A person who:

                     (a)  became, or becomes, an employee of the Australian Strategic Policy Institute Limited (ASPI Ltd) on or after 7 November 2001; and

                     (b)  is either:

                              (i)  a person who immediately before becoming so employed was a member of the Public Sector Superannuation Scheme; or

                             (ii)  a person who had preserved benefits under the 1990 Act immediately before becoming so employed; and

                     (c)  is not, in relation to the person’s employment with ASPI Ltd, a member of an alternative superannuation scheme.

22               After the SMHEA corporatisation date, a person who:

                     (a)  is, at a time after that date, an employee of Snowy Hydro Limited; and

                     (b)  immediately before that date, was a member of the Public Sector Superannuation Scheme employed by the Snowy Mountains Hydro‑electric Authority; and

                     (c)  on that date, became an employee of Snowy Hydro Limited; and

                     (d)  is not, in relation to the person’s employment with Snowy Hydro Limited, a member of an alternative superannuation scheme.

23               A person:

                     (a)  who is, or becomes, an employee of CSC; and

                     (b)  who:

                              (i)  is employed by CSC on a permanent basis, and, immediately before becoming so employed, was a member of the Public Sector Superannuation Scheme; or

                             (ii)  immediately before becoming so employed, had a preserved benefit under the 1990 Act and made an election, by writing in a form approved by CSC, to become a member of the Public Sector Superannuation Scheme in relation to the person’s employment with CSC; or

                            (iii)  immediately before becoming so employed, made a declaration and an election under subsection 244 (1) of the 1976 Act to become a member of the Public Sector Superannuation Scheme; or

                            (iv)  makes an election, by writing in a form approved by CSC, to become a member of the Public Sector Superannuation Scheme in relation to the person’s non‑permanent employment with CSC.

24               A person who:

                     (a)  becomes an employee of Rhodium Asset Solutions Limited on 31 December 2004; and

                     (b)  immediately before becoming so employed:

                              (i)  was an employee of Totalcare Industries Limited; and

                             (ii)  was a member of the scheme provided for by the 1990 Act; and

                     (c)  continues to be an employee of Rhodium Asset Solutions Limited; and

                     (d)  is not, in relation to that employment, a member of an alternative superannuation scheme.

26               A person who:

                     (a)  either:

                      (i)  meets the following conditions:

                    (A)  was an employee of Health Services Australia Limited on 31 March 2009;

                     (B)  was, on 31 March 2009 and in relation to the person’s employment with Health Services Australia Limited, a member of the Public Sector Superannuation Scheme; and

                     (C)  has not ceased in his or her employment with Health Services Australia Limited; or

                     (ii)  becomes an employee of Health Services Australia Limited on or after 1 April 2009 and immediately before becoming last so employed, was a member of the Public Sector Superannuation Scheme; and

                     (b)  is not, in relation to the employment with Health Services Australia Limited, a member of an alternative superannuation scheme.

27               A person who:

                     (a)  becomes an employee of AHPRA, during the period 1 July 2010 to 1 July 2013 inclusive; and

                     (b)  immediately before becoming so employed was a PSS member employed under the Public Sector Management Act 1994 of the Australian Capital Territory; and

                     (c)  immediately before becoming so employed was performing duties for AHPRA in accordance with the document entitled ‘Memorandum of Understanding between AHPRA and the Department of ACT Health regarding the transition of staff to the National Registration and Accreditation Scheme’ and dated March 2010.

28               A person who:

                     (a)  is an employee of ACECQA; and

                     (b)  is a person who immediately before last becoming so employed, was a member of the Public Sector Superannuation Scheme; and

                     (c)  is not, in relation to the person’s employment with ACECQA, a member of an alternative superannuation scheme.

29               A person who:

                     (a)  is an employee of ARPC; and

                     (b)  is a person who, immediately before last becoming so employed, was a member of the Public Sector Superannuation Scheme; and

                     (c)  is not, in relation to the person’s employment with ARPC, a member of an alternative superannuation scheme.

30          A  person who:

                     (a)  is an employee of Australian Hearing Services; and

                     (b)  in respect of whom contributions were accepted, purportedly under the Act, on or after 1 July 1997, in relation to the person’s employment with Australian Hearing Services; and

                     (c)  is not, in relation to the person’s employment with Australian Hearing Services, a member of an alternative superannuation scheme.

31               A person who:

                     (a)  became, or becomes, an employee of APRA as a result of item 31 of Part 3 of Schedule 2 to the Private Health Insurance (Prudential Supervision) (Consequential Amendments and Transitional Provisions) Act 2015; and

                     (b)  immediately before becoming so employed, was a PSS member in respect of employment with PHIAC; and

                     (c)  is not, in relation to the person’s employment with APRA, a member of an alternative superannuation scheme.

32               A person who:

                     (a)  ceases to be employed by the Commonwealth and becomes an employee of ASIC on 1 July 2019 as a result of section 310 or section 311 of the Australian Securities and Investments Commission Act 2001; and

                     (b)  immediately before becoming so employed by ASIC, was a member of the Public Sector Superannuation Scheme in relation to the person’s employment at ASIC.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Superannuation (PSS) Membership Inclusion Declaration 2006

19 Dec 2006 (F2006L04171)

30 Dec 2006

 

Superannuation (PSS) Membership Inclusion Amendment Declaration 2009 (No. 1)

24 Mar 2009 (F2009L01161)

1 Apr 2009

Superannuation (PSS) Membership Inclusion Amendment Declaration 2010 (No. 1)

24 June 2010 (F2010L01736)

1 July 2010

Superannuation (PSS) Membership Inclusion Amendment Declaration 2011 (No. 1)

30 June 2011 (F2011L01391)

1 July 2011 (s. 2)

Superannuation (PSS) Membership Inclusion Amendment Declaration 2012 (No. 1)

11 July 2012 (F2012L01535)

12 July 2012

Superannuation (PSS) Membership Inclusion Amendment Declaration 2012 (No. 2)

2 Nov 2012 (F2012L02143)

3 Nov 2012

s 3

Superannuation (PSS) Membership Inclusion Amendment Declaration 2014 (No. 1)

16 June 2014 (F2014L00727)

1 July 2014 (s 2)

Superannuation (PSS) Membership Inclusion Amendment Declaration 2015 (No. 1)

24 June 2015 (F2015L00901)

10 July 1997 (s 2)

s 3

Superannuation (PSS) Membership Inclusion Amendment Declaration 2015 (No. 2)

29 June 2015 (F2015L00975)

27 June 2015 (s 2)

Superannuation (PSS) Membership Inclusion Amendment Declaration 2019 (No. 1)

25 Feb 2019 (F2019L00189)

1 July 2019 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 3.............................................

am 2009 No 1; 2010 No 1; 2011 No 1; 2012 No 1; 2012 No 2; 2015 No 1; 2015 No 2; F2019L00189

s 4.............................................

am 2009 No 1; 2010 No 1; 2011 No 1; 2012 No 1; 2012 No 2; 2014 No 1; 2015 No 1; F2019L00189

Schedule 1

 

Schedule 1................................

am 2009 No 1; 2010 No 1; 2011 No 1; 2012 No 1; 2012 No 2; 2015 No 1; 2015 No 2; F2019L00189

 

ed C8

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

 

Paragraph 27(c) of Schedule 1

 

Kind of editorial change

 

Removal of redundant text

 

Details of editorial change

 

Paragraph 27(c) of Schedule 1 reads as follows:

 

                     (c)  immediately before becoming so employed was performing duties for AHPRA in accordance with the document entitled ‘Memorandum of Understanding between AHPRA and the Department of ACT Health regarding the the transition of staff to the National Registration and Accreditation Scheme’ and dated March 2010.

 

Paragraph 27(c) of Schedule 1 contains two consecutive occurrences of the word “the”.

 

This compilation was editorially changed to omit the redundant word “the” (fourth occurring) from paragraph 27(c) of Schedule 1.