Commonwealth Coat of Arms of Australia

 

Superannuation Legislation (CSS and PSS Membership Eligibility—ASIC Employees) Amendment Declaration 2022

I, Simon Birmingham, Minister for Finance, make the following declaration.

Dated 6 April 2022

Simon Birmingham

Minister for Finance

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Superannuation (CSS) Approved Authority Declaration 1995

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

Superannuation (PSS) Approved Authority Inclusion Declaration 1995

Superannuation (PSS) Membership Exclusion Declaration 1995

1  Name

  This instrument is the Superannuation Legislation (CSS and PSS Membership Eligibility—ASIC Employees) Amendment Declaration 2022.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

13 April 2022

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the following:

 (a) paragraph (a) of the definition of approved authority in subsection 3(1) of the Superannuation Act 1976;

 (b) paragraph (j) of the definition of eligible employee in subsection 3(1) of the Superannuation Act 1976;

 (c) paragraph (b) of the definition of approved authority in subsection 3(1) of the Superannuation Act 1990;

 (d) paragraph 6(2)(c) of the Superannuation Act 1990.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

 

Superannuation (CSS) Approved Authority Declaration 1995

1  After section 1

Insert:

2  Authority

  This instrument is made under paragraph (a) of the definition of approved authority in subsection 3(1) of the Superannuation Act 1976.

2  Section 4

Insert:

  Australian Securities and Investments Commission

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

3  After section 1

Insert:

2  Authority

  This instrument is made under paragraph (j) of the definition of eligible employee in subsection 3(1) of the Superannuation Act 1976.

4  At the end of subsection 7(1)

Add:

 ; (p) persons:

 (i) who are employed by ASIC; and

 (ii) who became employed by ASIC in the period between 2 July 2019 and the day before the day on which the Superannuation Legislation (CSS and PSS Membership Eligibility—ASIC Employees) Amendment Declaration 2022 commences; and

 (iii) to whom deferred benefits are applicable under the Act; and

 (iv) who have not requested, in a form approved by CSC and given to CSC, to be treated as eligible employees.

Superannuation (PSS) Approved Authority Inclusion Declaration 1995

5  After section 1

Insert:

2  Authority

  This instrument is made under paragraph (b) of the definition of approved authority in section 3 of the Superannuation Act 1990.

6  Section 4

Insert:

  Australian Securities and Investments Commission

Superannuation (PSS) Membership Exclusion Declaration 1995

7  After section 1

Insert:

2  Authority

  This instrument is made under paragraph 6(2)(c) of the Superannuation Act 1990.

8  Subsection 3(1)

Insert:

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.

9  At the end of the Schedule

Add:

44 A person who:

 (a) is employed by ASIC; and

 (b) became employed by ASIC in the period between 2 July 2019 and the day before the day on which the Superannuation Legislation (CSS and PSS Membership Eligibility—ASIC Employees) Amendment Declaration 2022 commences; and

 (c) has a preserved benefit under the Public Sector Superannuation Scheme; and

 (d) has not requested, in a form approved by CSC and given to CSC, to be treated as a PSS member.