Statutory Rules 1998    No. 2431

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Superannuation (PSS) Membership Exclusion Declaration2 (Amendment)

I, JOHN JOSEPH FAHEY, Minister for Finance and Administration, make the following Declaration under paragraph 6 (2) (c) of the Superannuation Act 1990.

Dated 23 July 1998.

JOHN FAHEY
Minister for Finance and Administration

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1.   Commencement

1.1   This declaration commences on 1 August 1998.

2.   Amendment

2.1   The Superannuation (PSS) Membership Exclusion Declaration is amended as set out in this declaration.

3.   Clause 4 (Persons to whom section 6 of the 1990 Act does not apply)

3.1   Subclause 4 (1):

Omit “Section 6”, substitute “Subject to subclauses (2) and (3), section 6”.

3.2   Add at the end:

 “(3) Section 6 of the 1990 Act ceases to apply to a person referred to in paragraph (a) of item 38 in the Schedule at the end of the first occurring of the following days:

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

 (b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by the Australian Government Solicitor, other than:

 (i) the scheme provided for in the 1990 Act; or

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

 (iii) a scheme of which the person is a member for top-up purposes only;

 (c) the day immediately before the day on which the Australian Government Solicitor becomes neither:

 (i) an Agency within the meaning of the Financial Management and Accountability Act 1997; nor

 (ii) a Commonwealth authority, or a Commonwealth company, within the meaning of the Commonwealth Authorities and Companies Act 1997.”.

4.   Schedule (Persons to whom section 6 of the 1990 Act does not apply)

4.1   Add at the end:

 

“38

A person whom, on or after 1 August 1998, becomes a person to whom Division 2 or 3 of Part IV of the Public Service Act applies, unless the person:

 (a) if a body known as the Australian Government Solicitor is established by statute, becomes an employee of that body by reason of a declaration under subsection 81C (1) of the Public Service Act; and

 (b) is not, in relation to the person’s employment in the Australian Government Solicitor, a member of a superannuation scheme, other than:

 (i) the scheme provided for in the 1990 Act; or

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

 (iii) a scheme of which the person is a member for top-up purposes only.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 July 1998.

2. Statutory Rules 1995 No. 217 as amended by 1995 No. 233; 1996 Nos. 4 and 172; 1997 Nos. 71 and 324.