Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations (Cth)

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Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations

Statutory Rules 1988 No. 267 as amended

made under the

Superannuation (Productivity Benefit) Act 1988

This compilation was prepared on 2 June 2004

taking into account amendments up to SR 1989 No. 189

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

1Citation [see Note 1]

These Regulations may be cited as the Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations.

2Interpretation

(1)
In these Regulations, unless the contrary intention appears:
the Act means the Superannuation Benefit (Interim Arrangement) Act 1988.
employer-sponsored superannuation benefits, in relation to a person, means benefits provided to the person, or to the person’s dependants, under a superannuation or retirement scheme, however established, to which the employer of the person contributes.
(2)
A person who is an officer or employee of a particular employer shall, for the purposes of these Regulations, be taken to be a person employed by that employer.

3Qualified Employees

For the purposes of paragraph (g) of the definition of qualified employee in subsection 3 (1) of the Act, each of the following persons (other than a person referred to in paragraph (a), (b), (c), (d), (e) or (f) of that definition) is a qualified employee:
(a)
a person employed by the Albury-Wodonga Development Corporation, being a person who does not have
employer-sponsored superannuation benefits;
(b)
a person employed by the Anglo-Australian Telescope Board, being a person who:
(i)
does not have employer-sponsored superannuation benefits;
(ii)
has superannuation benefits provided under the scheme known as the Anglo-Australian Telescope Board Staff Superannuation Fund; or
(iii)
has superannuation benefits provided under the scheme known as the United Kingdom Science and Engineering Research Council Joint Superannuation Services Fund;
(c)
a person employed by the Australian Bicentennial Authority, being a person who:
(i)
does not have employer-sponsored superannuation benefits; or
(ii)
has superannuation benefits provided under the scheme known as the Australian Bicentennial Authority Superannuation Fund;
(d)
a person employed by the Australian Broadcasting Corporation, being a person who does not have employer-sponsored superannuation benefits;
(e)
a person employed by the Australian Capital Territory Health Authority under the Health Authority Ordinance 1985 of the Australian Capital Territory, being a person who does not have employer-sponsored superannuation benefits;
(f)
a person employed by the A.C.T. Institute of Technical and Further Education on a full-time basis, being a person who does not have employer-sponsored superannuation benefits;
(g)
a person employed by the Australian Dairy Corporation, being a person who does not have employer-sponsored superannuation benefits;
(h)
a person employed by the Australian Film Commission, being a person who does not have employer-sponsored superannuation benefits;
(i)
a person employed by the Australian Film, Television and Radio School, being a person who does not have employer-sponsored superannuation benefits;
(j)
a person employed by the Australian Institute of Criminology, being a person who does not have employer-sponsored superannuation benefits;
(k)
a person employed before 1 May 1989 by the Australian Institute of Sport, or on or after that date by the Australian Sports Commission, being a person who does not have employer-sponsored superannuation benefits;
(l)
a person employed by the Australian Maritime College, being a person who does not have employer-sponsored superannuation benefits;
(m)
a person employed by the Australian Meat and Live-stock Corporation, being a person who does not have employer-sponsored superannuation benefits;
(n)
a person employed by the Australian National Railways Commission on or after 1 January 1988 who:
(i)
does not have employer-sponsored superannuation benefits; or
(ii)
is a contributor to a superannuation scheme constituted under an Act of Parliament of the State of South Australia or the State of Tasmania;
and who ceases to be so employed before the establishment of the superannuation scheme known as the Australian National Railways Productivity Superannuation Scheme;
(o)
a person employed by the Australian Trade Commission, being a person who does not have employer-sponsored superannuation benefits;
(p)
a person employed by the Australian Wheat Board, being a person who does not have employer-sponsored superannuation benefits;
(q)
a person employed by the Australian Wine and Brandy Corporation, being a person who does not have employer-sponsored superannuation benefits;
(r)
a person employed by the Australian Wool Corporation, being a person who does not have employer-sponsored superannuation benefits;
(s)
a person employed by the Commonwealth Scientific and Industrial Research Organisation, being a person who does not have employer-sponsored superannuation benefits;
(t)
a person employed by the Housing Loans Insurance Corporation, being a person who does not have employer-sponsored superannuation benefits;
(u)
a person employed by the Law Reform Commission, being a person who does not have employer-sponsored superannuation benefits;
(v)
a person engaged or employed under section 4, 13 or 20 of the Members of Parliament (Staff) Act 1984, being a person who does not have employer-sponsored superannuation benefits;
(w)
a person employed by the Murray-Darling Basin Commission, being a person who does not have employer-sponsored superannuation benefits;
(x)
a person who is:
(i)
a part-time member of the National Companies and Securities Commission;
(ii)
a part-time Chairperson or part-time member of the Accounting Standards Review Board; or
(iii)
a part-time Chairperson or part-time member of the Companies and Securities Law Review Committee;
being a person who does not have employer-sponsored superannuation benefits;
(y)
a person employed by the National Companies and Securities Commission, being a person:
(i)
employed by that body on a temporary basis who does not have employer-sponsored superannuation benefits; or
(ii)
employed by that body for a limited term who does not have employer-sponsored superannuation benefits;
(z)
a person employed by the Overseas Telecommunications Commission, being a person who:
(i)
does not have employer-sponsored superannuation benefits; or
(ii)
has superannuation benefits provided under the scheme known as the Staff Life Assurance and Pension Scheme;
(za)
a person employed by the Snowy Mountains Engineering Corporation, being a person who:
(i)
does not have employer-sponsored superannuation benefits; or
(ii)
has superannuation benefits provided under the scheme known as the Snowy Mountains Engineering Corporation Superannuation Fund.
(zb)
a person employed by AIDC Ltd., being a person who is an eligible employee for the purposes of the Superannuation Act 1976.

Notes to the Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations

Note 1

The Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations (in force under the Superannuation (Productivity Benefit) Act 1988) as shown in this compilation comprise Statutory Rules 1988 No. 267 amended as indicated in the Tables below.

Table of Statutory Rules

Year and

number

Date of notification

in Gazette

Date of

commencement

Application, saving or

transitional provisions

1988 No. 267

4 Nov 1988

1989 No. 189

6 July 1989

—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 3.........................................	am. 1989 No. 189

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Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations (Cth)

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