Superannuation (CSS) (Eligible Employees Exclusion) Declaration 2003

I, NICHOLAS HUGH MINCHIN, Minister for Finance and Administration, make this Declaration under paragraph (j) of the definition of eligible employee in subsection 3 (1) of the Superannuation Act 1976.

Dated 30 June 2003

NICK MINCHIN

Minister for Finance and Administration

Contents

Part 1 Preliminary

 1 Name of Declaration 

 2 Commencement 

 3 Definitions 

 4 Meaning of superannuation scheme

Part 2 Persons who cease to be eligible employees

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

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

Part 3 Persons who are not eligible employees

 7 Persons who are not eligible employees 

Schedule 1 Ceasing to be an eligible employee 

Part 1 Preliminary

 

1 Name of Declaration

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

2 Commencement

  This Declaration commences on the commencement of Part 1 of Schedule 1 to the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 2003.

3 Definitions

 (1) In this Declaration:

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).

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.

Commonwealth authority has the meaning given by section 7 of the Commonwealth Authorities and Companies Act 1997.

Commonwealth company has the meaning given by section 34 of the Commonwealth Authorities and Companies Act 1997.

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).

CSS/PSS Board means either or both of:

 (a) the CSS Board established under section 27A of the Act; and

 (b) the PSS Board established under section 20 of the Superannuation Act 1990.

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.

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.

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 an industrial agreement under Division 3A of Part VI of the Industrial Relations Act 1988, as in force immediately before 30 March 1994.

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.

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 has the meaning given by section 4.

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.

 (4) Paragraphs (a) and (c) of the definition of superannuation scheme in subsection 4 (1), and paragraphs (c) and (e) of the definition of superannuation scheme in subsection 4 (2), do not apply to:

 (a) subsection (2) or (3); or

 (b) a reference in any other provision of this Declaration to a scheme of which a person is taken, under subsection (2), to be a member.

4 Meaning of superannuation scheme

 (1) For Part 2 and Schedule 1 of this Declaration:

superannuation scheme means a superannuation or retirement benefits scheme applying to persons because they are engaged in certain employment but, subject to subsection 3 (4), does not include:

 (a) a scheme to the extent that membership of the scheme by the person is for the preservation or payment of productivity related benefits as defined in section 110A of the Act; or

 (b) the Public Sector Superannuation Scheme to the extent that membership of the scheme by the person relates to other employment; or

 (c) a scheme to the extent that 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.

 (2) For Part 3 of this Declaration:

superannuation scheme means a superannuation or retirement benefits scheme applying to persons because they are engaged in certain employment but, subject to subsection 3 (4), does not include:

 (a) the scheme constituted by the provisions of the Act; or

 (b) 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; or

 (c) a scheme to the extent that membership of the scheme by the person is for the preservation or payment of productivity related benefits as defined in section 110A of the Act; or

 (d) the Public Sector Superannuation Scheme to the extent that membership of the scheme by the person relates to other employment; or

 (e) a scheme to the extent that 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.


Part 2 Persons 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 a member of a superannuation scheme relating to the person’s employment, other than:

 (i) the scheme provided for by the Act; or

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

 (iii) for a person mentioned in subsection (2) — a scheme of which the person is taken, under subsection 3 (2), to be a member for top-up purposes.

 (2) For subparagraph (1) (b) (iii), the person is a person who holds office or is employed under conditions that allow the person to choose whether to take part of his or her remuneration in a non-monetary form (that may be in the form of a top-up arrangement).

 (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 other superannuation scheme.


Part 3 Persons 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 members of a superannuation scheme applying to persons employed by that approved authority, other than:

 (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 a scheme of that kind;

 (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 members of a superannuation scheme applying to holders of that office, other than:

 (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 a scheme of that kind; 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 members of a superannuation scheme, other than:

 (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 superannuation scheme mentioned in subparagraph (ii) for the persons, 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.

 (2) This subsection applies to a person if he or she 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 (that may be in the form of a top-up arrangement).

 (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 1 Ceasing 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 the Board 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 Commonwealth authority

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

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 Commonwealth authority

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

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 the CSS/PSS Board

The end of the day when the person ceases to be an employee of the CSS/PSS Board

The person becomes a casual or temporary part-time employee of the CSS/PSS Board

The end of the day immediately before the day on which the person becomes a casual or temporary part-time employee of the CSS/PSS Board