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Declarations/Superannuation as amended, taking into account amendments up to Superannuation (CSS) (Eligible Employees – Exclusion) Amendment Declaration 2019 (No. 1)
Administered by: Finance
Registered 05 Jul 2019
Start Date 01 Jul 2019

Commonwealth Coat of Arms of Australia

Superannuation (CSS) (Eligible Employees—Exclusion) Declaration 2003

made under paragraph (j) of the definition of eligible employee in subsection 3(1) of the

Superannuation Act 1976

Compilation No. 9

Compilation date:                              1 July 2019

Includes amendments up to:            F2019L00195

Registered:                                         5 July 2019

 

About this compilation

This compilation

This is a compilation of the Superannuation (CSS) (Eligible Employees—Exclusion) Declaration 2003 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary                                                                                                                                        1

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

3............ Definitions..................................................................................................................... 1

Part 2—Persons who cease to be eligible employees                                                                   6

5............ Persons who cease to be eligible employees—compulsory payment of benefits........... 6

6............ Persons who cease to be eligible employees—persons mentioned in Schedule 1.......... 6

Part 3—Persons who are not eligible employees                                                                           7

7............ Persons who are not eligible employees........................................................................ 7

Schedule 1—Ceasing to be an eligible employee                                                   13

Endnotes                                                                                                                                                               21

Endnote 1—About the endnotes                                                                                                      21

Endnote 2—Abbreviation key                                                                                                          22

Endnote 3—Legislation history                                                                                                       23

Endnote 4—Amendment history                                                                                                     24

 


Part 1Preliminary

  

1  Name of Declaration

                   This Declaration is the Superannuation (CSS) (Eligible Employees—Exclusion) Declaration 2003.

3  Definitions

             (1)  In this Declaration:

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).

Act means the Superannuation Act 1976.

ACT Government control, for a company, means the holding of a controlling interest in the company 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 under a law of the Australian Capital Territory;

                     (c)  a company, or other body corporate, that is under ACT Government control (within the meaning of this definition).

ACT Government Service means the Australian Capital Territory Public Service within the meaning of the Public Sector Management Act 1994 (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 related benefits as defined in section 110A of the Act;

                            (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;

                            (vi)  for a member of the Police Force of the Northern Territory—the Northern Territory Police Supplementary Benefit Scheme, being the scheme of that name to which members of the Police Force of the Northern Territory are, under the conditions of service applicable to them, required to contribute.

Example:    If a person is an eligible employee for the CSS, 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.

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.

ASPI Ltd means Australian Strategic Policy Institute Limited (ACN 097369045), incorporated under the Corporations Act 2001 on 22 August 2001.

ATP Ltd means Australian Training Products Limited (ACN 062758632), incorporated under the Corporations Law on 15 August 1994.

Australian Government Solicitor means the body corporate established under Division 2 of Part VIIIB of the Judiciary Act 1903.

CCB Regulations means the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981, as in force immediately before the commencement of this Declaration.

corporate Commonwealth entity has the meaning given by subsection 11(a) of the Public Governance, Performance and Accountability Act 2013.

Commonwealth company has the meaning given by subsection 89(1) of the Public Governance, Performance and Accountability Act 2013.

Commonwealth control, for a company, means the holding of a controlling interest in the company by all or any of the following:

                     (a)  the Commonwealth (or its nominees);

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

                     (c)  a company, or other body corporate, that is under Commonwealth control (within the meaning of this definition).

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

deferred invalidity pension means:

                     (a)  an invalidity pension that:

                              (i)  is a deferred benefit; and

                             (ii)  is payable under the Act, or would be payable under the Act if payment had not been suspended; and

                     (b)  a pension that:

                              (i)  is a deferred benefit; and

                             (ii)  is payable under the superseded Act because the Commissioner or the Superannuation Board is satisfied about the matters mentioned in paragraph 119W(2)(a) of the superseded Act, or would have been payable in those circumstances under the superseded Act if payment had not been suspended.

designated position, for a person, means a position designated by the Governor of New South Wales, either generally or in relation to the person, under subsection 43B(2) of the Meat Industry Act 1978 (New South Wales), as in force immediately before 1 July 1994.

Eligible Employees Regulations means the Superannuation (CSS) Eligible Employees Regulations 1976, as in force immediately before the commencement of this Declaration.

Health Services Australia Limited means the company (ACN 078934791) that was incorporated under the Corporations Law on 17 June 1997.

Inclusion Declaration means the Superannuation (CSS) (Eligible Employees—Inclusion) Declaration 2003.

invalidity pensioner means a person to whom:

                     (a)  an invalidity pension, other than a deferred invalidity pension; or

                     (b)  a pension of a kind mentioned in section 64A or 65 of the superseded Act, as in force immediately before the repeal of those sections, being a pension other than a deferred invalidity pension;

is payable, or would have been payable if payment had not been suspended.

Medibank means the company (ACN 080890259) 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.

Northern Territory approved authority means the Northern Territory or an approved authority established under a law of that Territory.

officer has the same meaning as in the Public Service Act.

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.

prescribed Northern Territory employee means a person who:

                     (a)  on and after 30 September 1986, is, and continues to be:

                              (i)  employed by a Northern Territory approved authority; or

                             (ii)  the holder of a statutory office established by a law of the Northern Territory; and

                     (b)  does not become, under section 52 of the Superannuation Act 1986 (Northern Territory), an eligible employee within the meaning of that Act.

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).

Public Service Act means the Public Service Act 1922.

relevant Northern Territory employment means employment:

                     (a)  as a member of the Police Force of the Northern Territory;

                     (b)  by a Northern Territory approved authority; or

                     (c)  as the holder of a statutory office established by a law of the Northern Territory.

repatriation institution has the meaning given by section 3 of the Repatriation Institutions (Transfer) Act 1992.

section 14A means section 14A of the Act as in force immediately before the commencement of this Declaration.

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 has the meaning given by subsection (3).

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

                     (a)  only because of a top‑up arrangement; or

                     (b)  because of:

                              (i)  a top‑up arrangement; and

                             (ii)  any of the following circumstances:

                                        (A)  contributions are made to the scheme in relation to performance pay;

                                        (B)  the person is a member of the scheme for the purpose of the preservation or payment of productivity related benefits as defined in section 110A of the Act;

                                        (C)  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.

             (3)  A top‑up arrangement is an arrangement:

                     (a)  between the person (the payee) to whom, under the arrangement, remuneration is paid and the person (the payer) who pays the remuneration, by which the payer makes contributions in relation to the payee to a superannuation scheme (which may be a scheme applying only in relation to the payee); and

                     (b)  in which the contributions mentioned in paragraph (a):

                              (i)  constitute part of the payee’s overall remuneration; and

                             (ii)  are not paid as an addition to remuneration otherwise payable; and

                     (c)  in which the payer makes payments under the Act:

                              (i)  in relation to the payee; and

                             (ii)  in relation to the employment or office to which the arrangement relates.

Part 2Persons who cease to be eligible employees

  

5  Persons who cease to be eligible employees—compulsory payment of benefits

             (1)  For paragraph (j) of the definition of eligible employee in subsection 3(1) of the Act, a person ceases to be an eligible employee if, under the SIS Act, any of the person’s benefits provided for in the Act become compulsorily payable to the person.

             (2)  For subsection (1), the time when the person ceases to be an eligible employee is the end of the day immediately before the benefits become compulsorily payable.

6  Persons who cease to be eligible employees—persons mentioned in Schedule 1

             (1)  For paragraph (j) of the definition of eligible employee in subsection 3(1) of the Act, a person mentioned in an item of Schedule 1 ceases to be an eligible employee if:

                     (a)  an event mentioned in that item happens; or

                     (b)  the person becomes, in relation to the employment or the holding of the office to which that item relates, a member of an alternative superannuation scheme.

             (3)  For subsection (1), the time when the person ceases to be an eligible employee is:

                     (a)  if paragraph (1)(a) applies—the time mentioned in the item of Schedule 1 for the event that happens first; or

                     (b)  if paragraph (1)(b) applies—the end of the day immediately before the day the person becomes a member of the alternative superannuation scheme.

Part 3Persons who are not eligible employees

  

7  Persons who are not eligible employees

             (1)  For paragraph (j) of the definition of eligible employee in subsection 3(1) of the Act, a person included in any of the following classes of persons is not an eligible employee:

                     (a)  persons (including persons specified in a direction, given under section 11, 12 or 13 of the Act, that was in force immediately before the commencement of this Declaration) who:

                              (i)  are employed by an approved authority, whether in a permanent capacity or otherwise; and

                             (ii)  either:

                                        (A)  are, in relation to their employment with the approved authority, members of an alternative superannuation scheme; or

                                                     (I)   a scheme to which contributions are made in relation to those persons only in relation to performance pay; or

                                                    (II)   for a person to whom subsection (2) applies—a scheme of which the person is taken, under subsection 3(2), to be a member for top‑up purposes; or

                                        (B)  are required by the terms and conditions of their employment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) members of an alternative superannuation scheme;

                     (b)  persons (including persons specified in a direction, given under section 14 of the Act, that was in force immediately before the commencement of this Declaration) who:

                              (i)  are the holders of a statutory office; and

                             (ii)  either:

                                        (A)  are, in relation to the holding of that office, members of an alternative superannuation scheme; or

                                                     (I)   a scheme to which contributions are made in relation to those persons only in relation to performance pay; or

                                                    (II)   for a person to whom subsection (2) applies—a scheme of which the person is taken, under subsection 3(2), to be a member for top‑up purposes; or

                                        (B)  are required by the terms and conditions of their appointment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) members of an alternative superannuation scheme; and

                            (iii)  are not on leave of absence without pay from that office;

                     (c)  persons (contributions‑barred persons) for whom, under the SIS Act, contributions to a regulated superannuation fund cannot be accepted, other than:

                              (i)  persons who:

                                        (A)  immediately before the commencement of this Declaration, were eligible employees; and

                                        (B)  have since remained eligible employees; or

                             (ii)  persons (other than persons mentioned in subparagraph (i)) who:

                                        (A)  immediately before becoming contributions‑barred persons, were eligible employees; and

                                        (B)  have since remained eligible employees;

                     (d)  persons who:

                              (i)  were appointed to be officers of the Australian Public Service under the Mint Employees Act 1964; and

                             (ii)  after being appointed as such officers, made an election under subsection 17(1) of the Mint Employees Act 1964; and

                            (iii)  have continued to be, and are, such officers;

                     (e)  persons (including persons specified in a direction, given under section 11, 12, 13 or 14 of the Act, that was in force immediately before the commencement of this Declaration):

                              (i)  who are permanent or temporary employees or the holders of a statutory office; and

                             (ii)  who are, in relation to that employment or the holding of that office, members of an alternative superannuation scheme; and

                                        (A)  a scheme to which contributions are made in relation to those persons only in relation to performance pay; or

                                        (B)  for a person to whom subsection (2) applies—a scheme of which the person is taken, under subsection 3(2), to be a member for top‑up purposes; and

                            (iii)  who are not on leave of absence without pay from that employment or office; and

                            (iv)  for whom the Commonwealth or the authority or other body by which they are employed has agreed to pay:

                                        (A)  an amount or amounts for the benefits that are, under the alternative superannuation scheme, payable to, or for, those persons on their ceasing to be members of the scheme; or

                                        (B)  an amount or amounts in relation to contributions that are, under that scheme, payable in relation to the benefits;

                      (f)  persons who:

                              (i)  are employed, whether in a permanent capacity or otherwise, in a designated position in relation to them; and

                             (ii)  immediately before becoming so employed, were, in accordance with a superannuation scheme established by or under an Act of the State of New South Wales, receiving a superannuation allowance or other benefit that was payable to them because of their retirement on the ground of invalidity; and

                            (iii)  were immediately before their retirement persons employed in the administration of the Meat Industry Act 1978 (New South Wales);

                     (g)  persons (including persons specified in a direction, given under section 11, 12, 13 or 14 of the Act, that was in force immediately before the commencement of this Declaration) who:

                              (i)  on or after 1 October 1986:

                                        (A)  become employed by a Northern Territory approved authority; or

                                        (B)  are appointed to a statutory office established by a law of that Territory; and

                             (ii)  continue to be so employed or to hold such statutory office; and

                            (iii)  are not prescribed Northern Territory employees; and

                            (iv)  are not so employed, or do not hold such an office, during a period when those persons are on leave without pay from employment by the Commonwealth or an approved authority, other than the Northern Territory of Australia or an authority or body established under a law of that Territory; and

                             (v)  are not employed as members of the Police Force of the Northern Territory; and

                            (vi)  are not persons who:

                                        (A)  immediately before 1 July 1990, were eligible employees employed in the Australian Legal Aid Office; and

                                        (B)  on 1 July 1990, become employed by the Northern Territory of Australia under an arrangement made between the Commonwealth and the Northern Territory under section 21 of the Commonwealth Legal Aid Act 1977, as in force immediately before 22 September 1999; and

                                        (C)  do not elect in accordance with that arrangement to contribute for benefits under the Superannuation Act 1986 (Northern Territory); and

                           (vii)  were not invalidity pensioners immediately before:

                                        (A)  becoming employed as mentioned in subparagraph (i); or

                                        (B)  becoming the holder of a statutory office as mentioned in that subparagraph;

                     (h)  persons who:

                              (i)  are employed by University College, being the College established by the University of New South Wales within the Australian Defence Force Academy; and

                             (ii)  were not, immediately before becoming so employed, eligible employees;

                      (i)  persons (including persons specified in a direction, given under section 11, 12, 13 or 14 of the Act, that was in force immediately before the commencement of this Declaration) who:

                              (i)  on or after 1 January 1988 become members of the Police Force of the Northern Territory and continue on and after that date to be in relevant Northern Territory employment other than persons who immediately before becoming such members:

                                        (A)  were in relevant Northern Territory employment; and

                                        (B)  were eligible employees; and

                             (ii)  are not in relevant Northern Territory employment during a period while on leave without pay from employment by the Commonwealth or an approved authority other than the Northern Territory of Australia or an authority or body established by or under a law of that Territory; and

                            (iii)  are not invalidity pensioners;

                      (j)  persons (including persons specified in a direction given under section 11, 12, 13 or 14 of the Act) who are members of the Legislative Assembly for the Australian Capital Territory;

                     (k)  persons who:

                              (i)  are officers (other than fixed‑term SES officers) of the ACT Government Service (transferred officers); and

                             (ii)  were, immediately before becoming transferred officers:

                                        (A)  permanent employees of the Australian Capital Territory Totalizator Administration Board; and

                                        (B)  members of the ACTTAB Limited Staff Superannuation Plan; and

                            (iii)  were, immediately after becoming transferred officers, officers performing duties for the Australian Capital Territory Totalizator Administration Board; and

                            (iv)  continue to be officers who perform duties for the Australian Capital Territory Totalizator Administration Board; and

                             (v)  do not, after becoming transferred officers, cease to be members of the ACTTAB Limited Staff Superannuation Plan;

                      (l)  persons who:

                              (i)  in writing addressed to the Board, within the period mentioned in subsection (3):

                                        (A)  declared that they wished to become members of the Public Sector Superannuation Scheme; and

                                        (B)  elected to cease to be eligible employees; and

                             (ii)  at the time of making that declaration and election, were not:

                                        (A)  persons who were precluded by or under the Superannuation Act 1990 (other than by paragraph 6(2)(a) of that Act) from being members of the Public Sector Superannuation Scheme; or

                                        (B)  persons to whom Part IV of the Public Service Act applied, other than persons who were:

                                                     (I)   employed by the Commonwealth otherwise than under the Public Service Act; or

                                                    (II)   employed by an approved authority for the purposes of the Superannuation Act 1990; or

                                                   (III)   the holders of statutory offices;

                    (m)  persons who are Federal Magistrates, within the meaning of the Federal Magistrates Act 1999;

                     (n)  persons who become employed by ACTEW Corporation Limited after the commencement of this Declaration, and to whom one of the following subparagraphs applies, who request in writing, within 28 days after becoming so employed, not to be treated as an eligible employee:

                              (i)  a person who, immediately before becoming so employed, was an eligible employee;

                             (ii)  a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of those sections was payable, or would have been payable if payment had not been suspended, immediately before becoming so employed;

                            (iii)  a person to whom invalidity pension under the Act was payable, or would have been payable if payment had not been suspended, immediately before becoming so employed;

                            (iv)  a person to whom deferred benefits under the Act or the superseded Act were applicable immediately before becoming so employed;

                             (v)  a person who, because of the person’s employment with ACTEW Corporation Limited, is a re‑employed former contributor with preserved rights;

                     (o)  persons who:

                              (i)  are Mersey Hospital APS Employees as defined in the Determination made under subsection 24(3) of the Public Service Act 1999 on 30 October 2007 as amended from time to time; and

                             (ii)  immediately before becoming such employees were not eligible employees.

             (3)  Subject to subsection (4), if:

                     (a)  at any time from 1 June 1996 to 31 August 1996 (inclusive) any of the following special circumstances applied to a person:

                              (i)  the person was absent from duty on leave without pay;

                             (ii)  the person was precluded under the Superannuation Act 1990 (other than under paragraph 6(2)(a) of that Act) from being a member of the Public Sector Superannuation Scheme;

                            (iii)  the person was a person to whom Part IV of the Public Service Act applied, other than a person who was:

                                        (A)  employed by the Commonwealth other than under the Public Service Act; or

                                        (B)  employed by an approved authority for the purposes of the Superannuation Act 1990; or

                                        (C)  the holder of a statutory office; and

                     (b)  the person did not make a declaration and election mentioned in paragraph (1)(l) before 1 September 1996;

the period specified for that paragraph is the period commencing on 1 September 1996 and ending at the end of 3 months commencing on the first day after 31 August 1996 on which none of those circumstances applied to the person.

             (4)  The period for paragraph (1)(l) is:

                     (a)  for a person who, immediately before becoming an eligible employee, was a person to whom invalidity pension was payable, or would have been payable if payment had not been suspended, under the Act before 31 August 1996—the period commencing on 1 March 1996 and ending on the later of:

                              (i)  31 August 1996; and

                             (ii)  the day 3 months after the day when the person became an eligible employee; or

                     (b)  for a person who became an eligible employee after 31 May 1996 and is not a person to whom subparagraph (3)(a)(ii) or paragraph (a) applies—the period of 3 months commencing on the day when the person became an eligible employee.


Schedule 1Ceasing to be an eligible employee

(section 6)

  

 

Item

Person

Event

Time of ceasing

1

A person to whom paragraph 14A(1)(a) of the Act and subregulation 4(1) of the CCB Regulations applied immediately before the commencement of this Declaration

The person makes, by notice in writing to CSC or to an authorised person, an election to cease to be an eligible employee

The end of the day immediately before the person makes the election

2

A person to whom subparagraph 14A(1)(a)(ii) of the Act applied immediately before the commencement of this Declaration

The person ceases to be in the same eligible public employment

The day when the person ceases to be in the same eligible public employment

3

A person who is an approved person for Part IV of the Commonwealth Legal Aid Commission Act 1977

The person ceases to be an approved person for Part IV of the Commonwealth Legal Aid Commission Act 1977

The day when the person ceases to be an approved person

4

A person to whom section 14A applied under regulation 3B of the CCB Regulations immediately before the commencement of this Declaration

The person ceases to be in employment at a repatriation institution or in other employment that is:

(a) if the repatriation institution was, on the relevant day, operated by a State—other employment by that State, or employment by an authority of that State; or

(b) if the repatriation institution was, on the relevant day, operated by an authority of a State—other employment by that authority, or employment by that State or by another authority of that State

The day when the person ceases to be in employment

 

 

The Minister signs a certificate for this item that there are no arrangements, satisfactory to the Minister, in relation to payment by the State or the authority of a State mentioned above, to the Commonwealth for the provision of superannuation under the Act for the person

The day when the certificate is signed

5

A person to whom section 14A applied under paragraph 3A(1)(b) of the CCB Regulations immediately before the commencement of this Declaration

The person ceases to be an employee of, or the holder of a statutory office in, Australian Postal Corporation

The end of the day when the person ceases to be an employee of, or the holder of a statutory office in, Australian Postal Corporation

If the person is employed by, or holds a statutory office in, the Australian Postal Corporation during a period of leave without pay from employment by the Commonwealth or an approved authority:

(a) the person elects that section 14A is to cease to apply to him or her; or

(b) the expiry of the day on which that period of leave without pay ends

For paragraph (a)—the end of the day immediately before the day the person elects that section 14A is to cease to apply to him or her; or

For paragraph (b)—the end of the day when that period of leave without pay ends

6

A person to whom section 14A applied under paragraph 3A(1)(c) or (ca) of the CCB Regulations immediately before the commencement of this Declaration

The person ceases to be an employee of, or the holder of a statutory office in, the Australian and Overseas Telecommunications Corporation

The end of the day when the person ceases to be an employee of, or the holder of a statutory office in, the Australian and Overseas Telecommunications Corporation

 

 

If the person is employed by, or holds a statutory office in, the Australian and Overseas Telecommunications Corporation during a period of leave without pay from employment by the Commonwealth or an approved authority:

(a) the person elects that section 14A is to cease to apply to him or her; or

(b) the expiry of the day on which that period of leave without pay ends

For paragraph (a)—the end of the day immediately before the day the person elects that section 14A is to cease to apply to him or her; or

For paragraph (b)—the end of the day when that period of leave without pay ends

7

A person:

(a) to whom section 14A applied under paragraph 3A(1)(d) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(a) of the Inclusion Declaration

The person ceases to be:

(a) the Executive Director; or

(b) an employee;

of the Dairy Research and Development Corporation

The end of the day when the person ceases to be the Executive Director or an employee of the Dairy Research and Development Corporation

8

A person:

(a) to whom section 14A applied under paragraph 3A(1)(e) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(b) of the Inclusion Declaration

The person ceases to be employed by the Northern Land Council

The end of the day when the person ceases to be employed by the Northern Land Council

9

A person to whom section 14A applied under paragraph 3A(1)(g) of the CCB Regulations immediately before the commencement of this Declaration

The person ceases to be a permanent employee or a temporary full‑time employee of the Corporation

The end of the day when the person ceases to be a permanent employee or a temporary full‑time employee of the Corporation

10

A person:

(a) to whom section 14A applied under paragraph 3A(1)(l) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(c) of the Inclusion Declaration

The person ceases to be an employee of Australian Meat Technology Pty Limited (AMT)

The day when the person ceases to be an employee of AMT

The person becomes a casual or temporary part‑time employee of AMT

The day immediately before the day when the person becomes a casual or temporary part‑time employee of AMT

Commonwealth control of AMT ceases

The last day on which the Commonwealth controlled AMT

11

A person:

(a) to whom section 14A applied under paragraph 3A(1)(o) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(d) of the Inclusion Declaration

ACT Government control of ACTTAB Limited ceases

The end of the day when ACT Government control of ACTTAB Limited ceases

The person ceases to be an employee of ACTTAB Limited

The end of the day when the person ceases to be an employee of ACTTAB Limited

12

A person to whom section 14A applied under paragraph 3A(1)(q) of the CCB Regulations immediately before the commencement of this Declaration

The person ceases to be an employee of the Australian Law Reform Commission

The day when the person ceases to be an employee of the Australian Law Reform Commission

13

A person:

(a) to whom section 14A applied under paragraph 3A(1)(r) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(e) of the Inclusion Declaration

The person ceases to be an employee of Medibank

The day when the person ceases to be an employee of Medibank

Commonwealth control of Medibank ceases

The last day when Medibank is under Commonwealth control

14

A person to whom section 14A applied under paragraph 3A(1)(s) of the CCB Regulations immediately before the commencement of this Declaration

The person ceases to be an employee of Employment National (Administration) Pty Ltd

The day when the person ceases to be an employee of Employment National (Administration) Pty Ltd

Commonwealth control of Employment National (Administration) Pty Ltd ceases

The last day when Employment National (Administration) Pty Ltd is under Commonwealth control

15

A person:

(a) to whom section 14A applied under paragraph 3A(1)(u) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(f) of the Inclusion Declaration

The person ceases to be an employee of the Northern Territory Legal Aid Commission

The day when the person ceases to be an employee of the Northern Territory Legal Aid Commission

16

A person:

(a) to whom section 14A applied under paragraph 3A(1)(v) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(g) of the Inclusion Declaration

The person ceases to be an employee of the Australian Government Solicitor

The day when the person ceases to be an employee of the Australian Government Solicitor

The Australian Government Solicitor ceases to be a corporate Commonwealth entity

The day when the Australian Government Solicitor ceases to be a corporate Commonwealth entity

17

A person:

(a) to whom section 14A applied under paragraph 3A(1)(x) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(h) of the Inclusion Declaration

The person ceases to be an employee of Bankstown Airport Ltd

The day when the person ceases to be an employee of Bankstown Airport Ltd

The Commonwealth ceases to have a controlling interest (whether through Sydney Airports Corporation Ltd or otherwise) in Bankstown Airport Ltd

The day when the Commonwealth ceases to have a controlling interest (whether through Sydney Airports Corporation Ltd or otherwise) in Bankstown Airport Ltd

18

A person:

(a) to whom section 14A applied under paragraph 3A(1)(z) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(i) of the Inclusion Declaration

The person ceases to be an employee of Sydney Harbour Federation Trust

The day when the person ceases to be an employee of Sydney Harbour Federation Trust

Sydney Harbour Federation Trust ceases to be a corporate Commonwealth entity

The day when Sydney Harbour Federation Trust ceases to be a corporate Commonwealth entity

19

A person to whom section 14A applied under paragraph 3A(1)(za) of the CCB Regulations immediately before the commencement of this Declaration

The person ceases to be an employee of Snowy Hydro Limited

The day the person ceases to be an employee of Snowy Hydro Limited

A person or entity, other than the Commonwealth, New South Wales or Victoria, becomes a shareholder of Snowy Hydro Limited

The day when the person or entity becomes a shareholder of Snowy Hydro Limited

Payments to the Commonwealth in relation to benefits that are payable under the Act to, or in relation to, the person cease to be made by Snowy Hydro Limited

The last day to which the last of those payments relates

Payments to the Commonwealth in relation to the costs of the administration of the Act cease to be made by Snowy Hydro Limited

The last day to which the last of those payments relates

20

A person:

(a) to whom section 14A applied under paragraph 3A(1)(zb) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(j) of the Inclusion Declaration

The person ceases to be an employee of ATP Ltd

The day when the person ceases to be an employee of ATP Ltd

Commonwealth control of ATP Ltd ceases

The day when ATP Ltd ceases to be under Commonwealth control

21

A person:

(a) to whom section 14A applied under paragraph 3A(1)(zc) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(k) of the Inclusion Declaration

The person ceases to be an employee of ASPI Ltd

The day when the person ceases to be an employee of ASPI Ltd

ASPI Ltd ceases to be a Commonwealth company

The day when ASPI Ltd ceases to be a Commonwealth company

22

A person:

(a) to whom section 14A applied under paragraph 3A(1) (zd) of the CCB Regulations immediately before the commencement of this Declaration; or

(b) who becomes an eligible employee under paragraph 4(2)(l) of the Inclusion Declaration

The person ceases to be an employee of CSC

The end of the day when the person ceases to be an employee of CSC

The person becomes a casual or temporary part‑time employee of CSC

The end of the day immediately before the day on which the person becomes a casual or temporary part‑time employee of CSC

24

A person who becomes an eligible employee under paragraph 4(2)(p) of the Inclusion Declaration

The person ceases to be an employee of Health Services Australia Limited

The end of the day when the person ceases to be an employee of Health Services Australia Limited

The person becomes a casual or temporary part‑time employee of Health Services Australia Limited

The end of the day immediately before the day on which the person becomes a casual or temporary part‑time employee of Health Services Australia Limited

Health Services Australia Limited ceases to be owned by Medibank

The last day on which Health Services Australia Limited is owned by Medibank

Health Services Australia Limited is owned by Medibank and Commonwealth control of Medibank ceases

The last day on which Medibank is under Commonwealth control

25

A person who becomes an eligible employee under paragraph 4(2)(q) of the Inclusion Declaration

The person ceases to be an employee of ACECQA

The end of the day when the person ceases to be an employee of ACECQA

The person becomes a casual or temporary part‑time employee of ACECQA

The end of the day immediately before the day on which the person becomes a casual or temporary part‑time employee of ACECQA

ACECQA ceases to be a statutory authority of Victoria

The last day on which ACECQA is a statutory authority of Victoria

26

A person who becomes an eligible employee under paragraph 4(2)(r) of the Inclusion Declaration

The person ceases to be an employee of ARPC

The end of the day when the person ceases to be an employee of ARPC

The person becomes a casual or temporary part‑time employee of ARPC

The end of the day immediately before the day on which the person becomes a casual or temporary part‑time employee of ARPC

ARPC ceases to be a corporate Commonwealth entity

The last day on which ARPC is a corporate Commonwealth entity.

27

A person who becomes an eligible employee under paragraph 4(2)(s) of the Inclusion Declaration

The person ceases to be an employee of ASIC

The end of the day on which the person ceases to be an employee of ASIC

The person becomes a casual or temporary part‑time employee of ASIC

The end of the day immediately before the day on which the person becomes a casual or temporary part‑time employee of ASIC

ASIC ceases to be a Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013

The end of the last day on which ASIC is a Commonwealth entity

 


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

Registration

Commencement

Application, saving and transitional provisions

Superannuation (CSS) (Eligible Employees—Exclusion) Declaration 2003

30 June 2003 (see Gazette 2003, No. S251)

1 July 2003 (see s. 2)

 

Superannuation (CSS) (Eligible Employees—Exclusion) Amendment Declaration 2005 (No. 1)

29 June 2005 (see F2005L01861)

1 July 2005

Superannuation (CSS) (Eligible Employees—Exclusion) Amendment Declaration 2005 (No. 2)

29 Aug 2005 (see F2005L02386)

30 Aug 2005

Superannuation (CSS) (Eligible Employees—Exclusion) Amendment Declaration 2007 (No. 1)

22 Nov 2007 (see F2007L04455)

23 Nov 2007

Superannuation (CSS) (Eligible Employees—Exclusion) Amendment Declaration 2009 (No. 1)

23 Mar 2009 (see F2009L01164)

1 Apr 2009

Superannuation (CSS) (Eligible Employees—Exclusion) Amendment Declaration 2011 (No. 1)

30 June 2011 (see F2011L01392)

1 July 2011 (see s. 2)

Superannuation (CSS) (Eligible Employees—Exclusion) Amendment Declaration 2012 (No. 1)

12 July 2012 (see F2012L01541)

13 July 2012

Superannuation (CSS) (Eligible Employees—Exclusion) Amendment Declaration 2012 (No. 2)

2 Nov 2012 (see F2012L02144)

3 Nov 2012

Superannuation (CSS) (Eligible Employees—Exclusion) Amendment Declaration 2014 (No. 1)

17 June 2014 (see F2014L00729)

1 July 2014 (see s 2)

Superannuation (CSS) (Eligible Employees – Exclusion) Amendment Declaration 2019 (No. 1)

25 Feb 2019 (F2019L00195)

1 July 2019 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

rep LA s 48D

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

am. 2005 No. 1; 2009 No. 1; 2011 No. 1; 2012 Nos. 1 and 2; 2014 No. 1; F2019L00195

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

rep. 2005 No. 1

Part 2

 

s. 6............................................

am. 2005 No. 1

Part 3

 

s. 7............................................

am. 2005 No. 1; 2007 No. 1

Schedule 1

 

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

am. 2005 No. 2; 2009 No. 1; 2011 No. 1; 2012 Nos. 1 and 2; 2014 No. 1; F2019L00195