Superannuation (PSSAP) Membership Eligibility (Exclusion) Declaration 2005

made under paragraph 13(2)(h) of the

Superannuation Act 2005

Compilation No. 2

Compilation date:                              1 September 2021

Includes amendments up to:            F2021L01113

Registered:                                         20 September 2021

About this compilation

This compilation

This is a compilation of the Superannuation (PSSAP) Membership Eligibility (Exclusion) Declaration 2005Superannuation (PSSAP) Membership Eligibility (Exclusion) Declaration 2005 that shows the text of the law as amended and in force on 1 September 2021 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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             Definitions..................................................................................................................... 1

4             Persons not eligible to become PSSAP members under Section 13 of the 2005 Act.... 1

Schedule 1      Persons not eligible to become PSSAP members                                             2

Endnotes                                                                                                                                                                 4

Endnote 1—About the endnotes                                                                                                        4

Endnote 2—Abbreviation key                                                                                                            5

Endnote 3—Legislation history                                                                                                         6

Endnote 4—Amendment history                                                                                                       7

1              Name of Declaration

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

3              Definitions

In this Declaration:

4              Persons not eligible to become PSSAP members under Section 13 of the 2005 Act

(1)    A person listed in Schedule 1 is not eligible to become a PSSAP member.

Schedule 1        Persons not eligible to become PSSAP members

(section 4)

[1]            A person, in respect of particular employment or holding a particular office, who:

                (a)    if they became a PSSAP member, would not become an ordinary employer‑sponsored member; or

               (b)    in respect of whom, if the person is not an ordinary‑employer sponsored member and if the person was to become an ordinary employer‑sponsored member, the Superannuation Industry (Supervision) Act 1993 would prevent the PSSAP from accepting contributions made by an employer.

[2]            A person:

                (a)    holding a particular statutory office and the person’s current term of appointment to that office included a day in the financial year ending on 30 June 2005; or

               (b)    employed in respect of particular employment which is for a fixed term and the term included a day in the financial year ending on 30 June 2005; or

                (c)    employed in respect of particular employment which is not for a fixed term and their period of employment included a day in the financial year ending on 30 June 2005.

[3]            A person:

                (a)    who is employed by an approved authority; and

               (b)    meets the requirements set out in paragraph (b) of item 3 of the Schedule of the 1995 Exclusion Declaration; and

[4]            A person:

                (a)    who holds a statutory office; and

               (b)    meets the requirements set out in paragraphs (b) and (c) of item 4 of the Schedule of the 1995 Exclusion Declaration.

[5]            A person:

                (a)    who is a public sector employee; and

               (b)    meets the requirements set out in paragraphs (b), (c) and (d) of item 8 of the Schedule of the 1995 Exclusion Declaration.

[6]            A person who is a member of the Legislative Assembly for the Australian Capital Territory.

[7]            A person who holds a statutory office under any of the following Acts:

                (a)    Air Services Act 1995;

               (b)    Australian National University Act 1991;

                (c)    Australian Postal Corporation Act 1989; and 

               (d)    Maritime College Act 1978.

[8]            A person who holds a statutory office under University of Canberra Act 1989 of the Australian Capital Territory.

[9]            A person who holds a statutory office under a law of the Northern Territory of Australia.

[10]          A person who holds office as a Judge of the Federal Circuit and Family Court of Australia (Division 2).

[11]          A person who commences in employment with ACTEW Corporation Limited other than a person who:

                (a)    commenced that employment on or after 1 July 2005; and

               (b)    immediately before commencing that employment was an ordinary employer‑sponsored member; and

                (c)    does not ask, in writing, within 28 days after commencing that employment, not to be treated as an ordinary employer‑sponsored member.

[12]          A person who:

                (a)    is a Mersey Hospital APS Employee 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

               (b)    immediately before becoming such an employee was not an ordinary employer-sponsored member.

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

Endnote 3—Legislation history

Endnote 4—Amendment history