1990 No. 183*1* MEMBERSHIP EXCLUSION DECLARATION No. 1
*1* Notified in the Commonwealth of Australia Gazette on 29 June 1990. 1990 No. 183 MEMBERSHIP EXCLUSION DECLARATION No. 1 - REG 1
Citation
DECLARATION UNDER PARAGRAPH 6 (2)
(c) OF THE SUPERANNUATION ACT 1990
1. This Declaration may be cited as "Membership Exclusion Declaration No.
1".
1990 No. 183 MEMBERSHIP EXCLUSION DECLARATION No. 1 - REG 2
Interpretation
2. In this Declaration, unless the contrary intention appears:
"designated position" has the meaning given by the Superannuation (Eligible
Employees) Regulations made under the 1976 Act;
"eligible employee" has the meaning given by the 1976 Act;
"member" means a person who is a member of the Superannuation Scheme by
virtue of Part 3 of the 1990 Act;
"1922 Act" means the Superannuation Act 1922;
"1976 Act" means the Superannuation Act 1976;
"1990 Act" means the Superannuation Act 1990;
"Public Service Act" means the Public Service Act 1922;
"superannuation scheme", in relation to a person, means a scheme, fund or
arrangement, however established, under which superannuation or retirement
benefits are payable, but does not include the following schemes:
(a) the scheme constituted by the provisions of the 1990 Act; or
(b) a scheme that provides benefits for the person that are solely
of a nature provided for in the Superannuation (Productivity Benefit) Act
1988.
1990 No. 183 MEMBERSHIP EXCLUSION DECLARATION No. 1 - REG 3
Exclusions
3. Each of the following is a person to whom section 6 of the 1990 Act does
not apply:
(a) a person (including a person who has made an election under section
8
of the 1990 Act) who:
(i) is employed by an approved authority, whether in a
permanent capacity or otherwise; and
(ii) is a member of a superannuation
scheme applying to persons employed by that approved authority or is required
by the terms and conditions of his or her employment to become (subject to
compliance with, or fulfilment of, any conditions or requirements relating to
membership of the scheme) such a member;
(b) a person (including a person
who has made an election under section 7 of the 1990 Act) who:
(i) is the
holder of a statutory office;
(ii) is a member of a superannuation scheme
applying to holders of that office or is required by the terms or conditions
of his or her appointment to become (subject to compliance with, or fulfilment
of, any conditions or requirements relating to membership of the scheme) such
a member; and
(iii) is not a person to whom rule 3.1.7 of the Rules
applies;
(c) a person who:
(i) immediately before the commencement of
the 1976 Act, was employed by an approved authority in a permanent capacity
and has continued to be, and is, employed by an approved authority;
(ii) immediately before the commencement of that Act, was not an
employee for the purposes of the 1922 Act;
(iii) immediately before the
commencement of the 1976 Act, was not a member of a superannuation scheme
applying to persons employed by that approved authority and has not, at any
time since the commencement of the 1976 Act, been and is not, such a member;
(iv) before 1 July 1990 has not requested that he or she be treated
as an eligible employee; and
(v) has not requested that he or she be treated
as a member;
(d) a person who:
(i) immediately before the commencement
of the 1976 Act was entitled to make an election under subsection 66 (2), 67
(2) or 69 (1), of the 1922 Act;
(ii) did not make such an election before the
commencement of the 1976 Act;
(iii) but for paragraph 4 (c) of the
Superannuation (Eligible Employees) Regulations made under the 1976 Act, would
have been an eligible employee at the commencement of the 1976 Act and would
have continued to be, and would be, such an employee;
(iv) before 1 July
1990, has not requested that he or she be treated as an eligible employee;
and
(v) has not requested that he or she be treated as a member;
(e) a person who:
(i) is employed as a member of the staff of the Legal Aid
Commission (ACT) under section 63 of the Legal Aid Act 1977 of the Australian
Capital Territory or that Act as amended and in force from time to time;
(ii) was not an eligible employee immediately before becoming so
employed;
(iii) has not, since becoming so employed and before 1 July 1990,
requested that he or she be treated as an eligible employee; and
(iv) has not requested that he or she be treated as a
member;
(f) a person who:
(i) was appointed to be an officer of the
Australian Public Service under the Mint Employees Act 1964;
(ii) after being appointed as such an officer made an election
under subsection 17 (1) of the Mint Employees Act 1964; and
(iii) has continued to be, and is, such an
officer;
(g) a person (including a person who has made an election under
section 7 or 8 of the 1990 Act):
(i) who is a permanent or temporary
employee or the holder of a statutory office;
(ii) who is a member of a
superannuation scheme;
(iii) who is not a person to whom rule 3.1.7 of the
Rules applies; and
(iv) in respect of whom the Commonwealth or the authority
or other body by whom he or she is employed, as the case may be, has agreed to
pay an amount or amounts in respect of the benefits that are, under the
superannuation scheme referred to in subparagraph (ii) in relation to that
person payable to, or in respect of, that person upon his or her ceasing to be
a member of the scheme or an amount or amounts in respect of contributions
that are, under that scheme, payable in respect of such benefits, as the case
may be;
(h) a person:
(i) who is employed in a permanent cacacity in a
designated position in relation to him or her; and
(ii) to whom the
provisions of subsection 43B (3) of the Meat Industry Act 1978, of the State
of New South Wales apply;
(j) a person who:
(i) is employed in a permanent
capacity in a designated position in relation to him or her;
(ii) immediately before 1 July 1983 was a person to whom the provisions
of an Act of the State of New South Wales by or under which a superannuation
scheme was established applied but was not a contributor to that scheme by
reason that he or she had not made an election to become such a contributor;
(iii) before 1 July 1990, has not requested that he or she be
treated as an eligible employee; and
(iv) has not requested that he or she
be treated as a member;
(k) a person who:
(i) is employed, whether in a
permanent capacity or otherwise in a designated position in relation to him or
her;
(ii) immediately before becoming so employed was, 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 him or her by reason of his or her retirement on the ground of invalidity;
and
(iii) was immediately before his or her retirement, a person employed in
the administration of the Meat Industry Act 1978, of the State of New South
Wales;
(m) a person who:
(i) is deemed, by force of subsection 12 (3) or
(4) of the Australian Trade Commission (Transitional Provisions and
Consequential Amendments) Act 1985, to be employed by the Australian Trade
Commission under section 60 of the Australian Trade Commission Act 1985;
(ii) immediately before he or she became a person deemed to be
employed by the Australian Trade Commission, was not an eligible employee;
(iii) after he or she became a person deemed to be employed by the
Australian Trade Commission and before 1 July 1990, had not requested that he
or she be treated as an eligible employee; and
(iv) has not requested that he
or she be treated as a member;
(n) a person who:
(i) immediately before
15 December 1986 was employed under the Public Service Act of the Northern
Territory and was not a member of a superannuation scheme established under a
law of the Northern Territory or an eligible employee;
(ii) having been
appointed to be an officer of the Australian Public Service on 15 December
1986 under Division 9F of Part III of the Public Service Act, has continued to
be, and is, such an officer;
(iii) before 1 July 1990, has not requested that he
or she be treated as an eligible employee; and
(iv) has not requested that
he or she be treated as a member;
(p) a person who:
(i) immediately
before 16 February 1987 was employed under the Public Service Act, 1978 of the
State of Western Australia and was not a member of a superannuation scheme
established under a law of that State;
(ii) having been appointed to be an
officer of the Australian Public Service on 16 February 1987 under Division 9A
of Part III of the Public Service Act, has continued to be, and is, such an
officer;
(iii) before 1 July 1990, has not requested that he or she be
treated as an eligible employee; and
(iv) has not requested that he or she
be treated as a member;
(q) a person who:
(i) after the commencement of
section 13 of the Governor-General Act 1974 and before 1 June 1985, became
employed as a member of the Governor-General's staff under that section and
has continued to be, and is, so employed;
(ii) immediately before he or she
became so employed:
(A) was employed as a member of the Governor-General's
staff in accordance with an order under subsection 8A (1) of the Public
Service Act; and
(B) was not an eligible employee;
(iii) before 15 June 1987 had
requested in writing not to be treated as an eligible employee; and
(iv) has
not requested that he or she be treated as a member;
(r) a person
who:
(i) immediately before 15 October 1987 was employed under section 42 of
the Naval Defence Act 1910 and was not an eligible employee;
(i) having been appointed to be an
officer of the Australian Public Service on 15 Octover 1987 under Division 9A
of Part III of the Public Service Act, has continued to be, and is, such an
(ii) having been appointed to be an officer of the
Australian Public Service on 15 October 1987 under Division 9A of Part III of
the Public Service Act, has continued to be, and is, such an officer;
(iii) before 1 July 1990, has not requested that he or she be
treated as an eligible employee; and
(iv) has not requested that he or she
be treated as a member;
(s) a person who:
(i) immediately before 3 April
1988, was employed under the Public Service Act 1974 of the State of Victoria
and was not a contributor for the purposes of the State Employees Retirement
Benefits Act 1979 of that State or the Superannuation Act 1958 of that State;
(ii) having been appointed to be an officer of the Australian Public
Service on 3 April 1988 under Division 9A of Part III of the Public Service
Act, has continued to be, and is, such an officer;
(iii) before 1 July 1990, has
not requested that he or she be treated as an eligible employee; and
(iv) has not requested that he or she be treated as a member;
(t) a person who:
(i) immediately before 1 July 1988:
(A) was employed under
section 82AC of the Public Service Act;
(B) was a person in relation to whom
an order made on 1 July 1975, as subsequently varied, was in force under
subsection 8A (1) of that Act; and
(C) was not a eligible
employee;
(ii) having been appointed to be an officer of the Australian
Public Service on 1 July 1988 under section 42 or section 42A of the Public
Service Act, has continued to be, and is such an officer;
(iii) before 1 July 1990, has not requested that he or she be
treated as an eligible employee; and
(iv) has not requested that he or she be treated as a member;
(u) a person (including a person who has made an election under
section 7 or 8 of the 1990 Act) who is a member of the Legislative Assembly
for the Australian Capital Territory;
(w) a person who:
(i) immediately before 1 June 1989:
(A) was employed under section 82AC of the Public Service Act in the
Department of Administrative Services and was performing duties in the
Transport and Storage Group; and
(B) was not an eligible employee;
(ii) on 1 June
1989 was appointed to be an officer of the Australian Public Service under
section 42 or section 42A of the Public Service Act and continues to be, and
is, such an officer;
(iii) before 1 July 1990 has not requested that he or she
be treated as an eligible employee; and
(iv) has not requested that he or
she be treated as a member;
(y) a person who:
(i) at the commencement of
this paragraph is, and continues to be, a permanent employee of the Australian
Wheat Board; and
(ii) on or after 10 March 1987 and before the commencement
of this paragraph has requested in writing that he or she not be treated as an
eligible employee;
(z) a person who is the holder of a statutory office
under any of the following Acts:
Australian Industry Development Corporation Act 1970
Australian Meat and Live-stock Corporation Act 1977
Australian National University Act 1946
Australian Postal Corporation Act 1989
Australian Telecommunications Corporation Act 1989
Civil Aviation Act 1988
Commonwealth Serum Laboratories Act 1961
Maritime College Act 1976
University of Canberra Act 1989;
(za) a person who is the holder of a
statutory office under a law of the Northern Territory of Australia;
(zb) a person who:
(i) is, on 1 July 1990, an
eligible employee; and
(ii) is, on 1 July 1990 and continues to be, on leave
of absence without pay, or a person to whom Part IV of the Public Service Act
applies;
other than a person who is employed by, or the holder of a statutory office
with, an approved authority during the period of leave without pay or while
Part IV of the Public Service Act applies;
(zc) a person
who:
(i) is, on 1 July 1990, and continues to be, an eligible employee;
and
(ii) after 1 July 1990, commences and continues to be, on leave of
absence without pay, or to be a person to whom Part IV of the Public Service
Act applies;
other than a person who is employed by, or the holder of a statutory office
with, an approved authority during the period of leave without pay or while
Part IV of the Public Service Act applies;
(zd) a person
who:
(i) becomes, after 1 July 1990, and continues to be, an eligible
employee; and
(ii) after becoming an eligible employee, and before the
expiration of a period of 3 months commencing on the day on which the person
becomes an eligible employee, commences, and continues, to be on leave of
absence without pay, or to be a person to whom Part IV of the Public Service
Act applies;
other than a person who is employed by, or the holder of a statutory office
with, an approved authority during the period of leave without pay or while
Part IV of the Public Service Act applies;
(ze) a person who is
an officer of the Australian National Railways Commission appointed in
accordance with section 13 of the Railways Agreement (South Australia) Act
1975 who is, for the purposes of the Superannuation Act, 1974 of the State of
South Australia as amended and in force from time to time, a prescribed
contributor within the meaning of section 11a of that Act as so amended and in
force;
(zf) a person who is an officer of the Australian National Railways
Commission appointed in accordance with section 13 of the Railways Agreement
(South Australia) Act 1975 who:
(i) immediately before the date on which he
or she was so appointed was not, for the purposes of the Superannuation Act,
1974 of the State of South Australia, a contributor to the Fund or to the
Provident Account within the meaning of that Act;
(ii) before 1 July 1990,
has not requested that he or she be treated as an eligible employee; and
(iii) has not requested that he or she be treated as a
member;
(zg) a person who is an officer of the Australian National Railways
Commission appointed in accordance with section 11 of the Railways (Tasmania)
Act 1975 who made an election under section 3 of the Railways (Transfer to
Commonwealth) (Retirement Benefits) Act 1977 of the State of Tasmania or is
deemed by that Act to have made an election under that section;
(zh) a person who is an officer of the Australian National Railways
Commission appointed in accordance with section 11 of the Railways (Tasmania)
Act 1975 who:
(i) immediately before the date on which his or her appointment became
effective was not a contributor for the purposes of the Superannuation Act
1938 of the State of Tasmania or the Retirement Benefits Act 1970 of that
State;
(ii) did not make an election under section 3 of the Railways
(Transfer to Commonwealth) (Retirement Benefits) Act 1977 of the State of
Tasmania;
(iii) before 1 July 1990, has not requested that he or she be
treated as an eligible employee; and
(iv) has not requested that he or she
be treated as a member.
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