Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981 (Cth)
Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981
Statutory Rules 1981 No. 36 as amended
made under the
Superannuation Act 1976
This compilation was prepared on
14 February 2005
taking into account amendments up to SLI 2005 No. 7Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department,Canberra
Contents
1Name of regulations [see Note 1] 2
2Interpretation 2
3Classes of persons to which section 14A of the Act does not apply 6
3AClasses of persons to which s 14A of the Act applies 11
3BRepatriation staff to whom section 14A of the Act applies 29
4When s 14A of the Act no longer applies 30
4AWhen s 14A no longer applies — transfer to Public Sector Superannuation Scheme 45
5Application of Act 46
Schedule 1Modification of Act 48
Schedule 2Modifications of the Act in relation to persons eligible to be paid a mobility allowance 54
Schedule 3Modifications of the Act in its application to certain fixed-term office holders and employees 57
Notes 58
1Name of regulations [see Note 1]
These regulations are the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981.
2Interpretation
(1)In these regulations, unless the contrary intention appears:
ACT Government control, in relation to a company, means the holding of a controlling interest in the company by all or any of the following:
(a)the
(or its nominees); Australian Capital Territory
(b)an authority or body, whether a body corporate or not, established for a public purpose by or 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).
ASPI Ltd means Australian Strategic Policy Institute Limited (ACN 097369045), incorporated under the Corporations Act 2001 on
22 August 2001 .
ASP Ship Management means the partnership known by that name entered into between Marine Management Services Pty Ltd and Associated Steamships Pty Ltd.
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.
AWB Limited means the company (ACN 081890459) that was established under the Corporations Law on
1 June 1998 .
Commonwealth control, in relation to 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 by or 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 Superannuation Act 1976; and
(b)the PSS Board established under section 20 of the Superannuation Act 1990.
employee of ASP Ship Management means a person employed by the partners of ASP Ship Management for the purposes of the partnership.
Medibank means the company (ACN 080890259) that was incorporated under the Corporations Law on
1 December 1997 .
mobility allowance means an allowance of that name payable in accordance with a determination made under section 82D of the Public Service Act 1922.
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.
Public Service Act means the Public Service Act 1922.
Qantas employee means an employee (other than a casual employee or a temporary part-time employee) of a company that is:
(a)Qantas; or
(b)a Qantas subsidiary;
within the respective meanings of the Qantas Sale Act 1992.
relevant
employment means any of the following employment: Northern Territory
(a)employment as a member of the Police Force of the
; Northern Territory
(b)employment by an approved authority, being the Northern Territory of Australia or an authority or body established by or under a law of that Territory;
(c)employment as the holder of a statutory office established by a law of the Northern Territory of Australia.
relevant person means a person to whom section 14A of the Act applies.
SMHEA corporatisation date means the date on which section 59 of the Snowy Hydro Corporatisation Act 1997 commences.
State superannuation scheme means a superannuation scheme established under the law of a State and applying to persons employed in the Public Service, or any other service, of the State.
superannuation scheme means a superannuation or retirement benefits scheme applying to persons by reason of their being engaged in certain employment but, subject to subregulation (5), does not include:
(a)a scheme to the extent that membership of that 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 that scheme by the person relates to other employment; or
(c)a scheme to the extent that participation in that 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.
the Act means the Superannuation Act 1976.
the 50% sale day has the same meaning as in the Qantas Sale Act 1992.
top-up arrangement has the meaning given by subregulation (3).
(2)For the purposes of these regulations, 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)by reason only of a top-up arrangement; or
(b)by reason 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;
but no other circumstance (except that mentioned in subparagraph (i)).
(3)Subject to subregulation (4), a top-up arrangement is an arrangement 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 respect of the payee to a superannuation scheme (which may be a scheme applying only in respect of the payee).
(4)An arrangement is not a top-up arrangement unless:
(a)the contributions mentioned in subregulation (3):
(i) constitute part of the payee’s overall remuneration; and
(ii)are not paid as an addition to remuneration otherwise payable; and
(b)the payer makes payments under the Act:
(i) in respect of the payee; and
(ii)in relation to the employment or office to which the arrangement relates.
(5)Paragraphs (a) and (c) of the definition of superannuation scheme do not apply in relation to:
(a) subregulation (2) or (3); or
(b)a reference in any other provision of these regulations to a scheme of which a person is taken, under subregulation (2), to be a member.
3Classes of persons to which section 14A of the Act does not apply
(1)Each of the following classes of persons is a class to which section 14A of the Act does not apply:
(a)a class of persons each of whom:
(i) is, otherwise than by virtue of subsection 87C (2) of the Public Service Act, an officer to whom Division 2 of Part IV of that Act applies; and
(ii)was not, immediately before becoming, or last becoming, such an officer, an eligible employee;
(b)a class of persons each of whom:
(i) is, by virtue of subsection 87C (2) of the Public Service Act, an officer to whom Division 2 of Part IV of that Act applies; and
(ii)was not, immediately before both:
(A)the dismissal in relation to which his re-appointment,or last re-appointment, under section 63F or 63G of that Act was made; and
(B)that re-appointment;
an eligible employee;
(c)a class of persons each of whom:
(i) is, otherwise than by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies; and
(ii)was not, immediately before becoming, or last becoming, such a person, an eligible employee;
(d)a class of persons each of whom:
(i) is, otherwise than by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;
(ii)was, immediately before becoming, or last becoming, such a person, an eligible employee; and
(iii) became, upon becoming such a person, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
applying in relation to the employment in which that person was then engaged;
(e)a class of persons each of whom:
(i) is, by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies; and
(ii)was not, immediately before both:
(A)the dismissal in relation to which the declaration, or last declaration, under subsection 63G (7) of that Act was made in relation to him; and
(B)the making of that declaration;
an eligible employee;
(f)a class of persons each of whom:
(i) is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977; and
(ii)became, during the period that:
(A)commenced upon his becoming, or last becoming, such an approved person; and
(B)ended at the expiration of
14 March 1981 ;
a member of a State superannuation scheme;
(g)a class of persons each of whom:
(i) is performing duty in the Australian Public Service in pursuance of a re-appointment to that Service under section 63F, 63G or 66B of the Public Service Act; and
(ii)was not, immediately before both:
(A)the dismissal, or deemed retirement, in relation to which that re-appointment was made; and
(B)that re-appointment;
an eligible employee;
(h)a class of persons each of whom:
(i) is a person (not being included in a class of persons referred to in paragraph (g)) who is a permanent employee or a temporary employee by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been re-appointed to the Australian Public Service under section 63F, 63G or 66B of the Public Service Act; and
(ii)was not immediately before both:
(A)the termination or cessation of the employment to which the reinstatement relates; and
(B)the reinstatement;
an eligible employee;
(j)a class of persons each of whom:
(i) is a person who is performing duty in the Australian Public Service by virtue of having been deemed to have been re-appointed to that Service in accordance with section 87M or 87Q of the Public Service Act; and
(ii)was not an eligible employee on the day immediately preceding the day on which he or she is to be deemed to have been so re-appointed to that Service;
(k)a class of persons each of whom (not being a person referred to in subparagraph (j) (i)):
(i) is a permanent employee or a temporary employee by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act; and
(ii)was not an eligible employee:
(A)in the case of a permanent or temporary employee who is reinstated on the day immediately following the day (in this subparagraph called his or her last day in prescribed employment) on which there took effect the termination or cessation of employment to which the reinstatement relates — on his or her last day in prescribed employment; or
(B)if sub-subparagraph (A) does not apply — both on his or her last day in prescribed employment and on the day immediately preceding the day of his or her reinstatement;
(m)a class of persons each of whom became on
1 July 1990 , and continues to be, a member of the Australia Post Superannuation Scheme;
(n)a class of persons each of whom became on
1 July 1990 , and continues to be, a member of the Telecom Superannuation Scheme;
(o)a class of persons each of whom:
(i) is a person (in this paragraph referred to as a contributions-barred person) in respect of whom, under the SIS Act, contributions to a regulated superannuation fund cannot be accepted; and
(ii)is not:
(A)a person who, immediately before the commencement of this paragraph, was an eligible employee and who has since remained an eligible employee; or
(B)a person (not being a person referred to in sub-subparagraph (A)) who, immediately before becoming a contributions-barred person, was an eligible employee and who has since remained an eligible employee;
(p)a class of persons each of whom:
(i) on or after
1 August 1998 , becomes a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; and
(ii)is not a person who is included in a class of persons specified in subregulation 3A (1).
(1A)For the purposes of sub-subparagraph 3 (1) (d) (iii) (C), a person is taken to be a person to whom the sub-subparagraph applies 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 (which may be in the form of a top-up arrangement).
(2)In subregulation (1), reinstated, in relation to a person who is a permanent employee or a temporary employee, means re-appointed or re-employed, or to be deemed to be, or deemed to have been, re-appointed or re-employed, as the case requires.
3AClasses of persons to which s 14A of the Act applies
(1)Each of the following classes of persons is a class to which section 14A of the Act applies:
(a)a class of persons each of whom:
(i) is employed by AIDC Ltd., except on a casual or temporary part-time basis; and
(ii)is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; and
(iii)immediately before becoming employed by AIDC Ltd. was:
(A)an officer or employee of Australian Industry Development Corporation; and
(B)an eligible employee; and
(iv)has not at any time ceased to be employed by AIDC Ltd.; and
(v)while employed by AIDC Ltd. has not been a member of a superannuation scheme applying in relation to that person’s employment, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(b)a class of persons (other than a person in the class referred to in paragraph 3 (1) (m)) each of whom:
(i) is on
30 June 1990 , and continues to be, an employee of, or the holder of a statutory office in, Australian Postal Corporation; and
(ii) is on
30 June 1990 an eligible employee;
(c)a class of persons (other than a person in the class referred to in paragraph 3 (1) (n)) each of whom:
(i) immediately before
1 February 1992 was both an employee of, or the holder of a statutory office in, the Australian Telecommunications Corporation and an eligible employee; and
(ii)on that day became, and continues to be, an employee of, or the holder of a statutory office in, the Australian and Overseas Telecommunications Corporation; and
(iii)has not, on or after
1 February 1992 , become a member of a superannuation scheme that applies to that employment or office, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(ca)a class of persons each of whom:
(i) immediately before
1 February 1992 was both an employee of OTC Limited and an eligible employee; and
(ii)on that day became, and continues to be, an employee of, or the holder of a statutory office in, the Australian and Overseas Telecommunications Corporation; and
(iii)has not, on or after
1 February 1992 , become a member of a superannuation scheme that applies to that employment or office, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(d)a class of persons each of whom:
(i) is:
(A)the Executive Director (if he or she holds office on a full-time basis); or
(B)an employee (other than a person employed on a casual basis or part-time on a temporary basis);
of the Dairy Research and Development Corporation; and
(ii)was an eligible employee immediately before becoming, or last becoming, a person specified in subparagraph (i); and
(iii)since becoming, or last becoming, a person specified in subparagraph (i), has not been a member of a superannuation scheme in relation to that person’s employment with the Dairy Research and Development Corporation, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(iv) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;
(e)a class of persons each of whom:
(i) is employed by the Northern Land Council, except on a casual or temporary part-time basis; and
(ii)became, or last became, so employed on or after
7 March 1988 ; and
(iii)immediately before last becoming so employed was an eligible employee; and
(iv)is not a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
in relation to that person’s employment by the Northern Land Council; and
(v)is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; and
(vi)in the case of a person who became employed as mentioned in subparagraph (i) before 1 January 1992 — requests in writing before that date to be treated as an eligible employee;
(f)a class of persons each of whom:
(i) is an employee, other than a casual employee or temporary part-time employee, of ASP Ship Management; and
(ii)has never been a casual employee or temporary part-time employee of ASP Ship Management; and
(iii)has never been a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
applying to the person’s employment by ASP Ship Management; and
(iv)was an eligible employee immediately before becoming an employee of ASP Ship Management; and
(v) was an employee of ANL Limited immediately before becoming an employee of ASP Ship Management;
(g)a class of persons each of whom:
(i) became a temporary full-time employee of the Dairy Research and Development Corporation (the Corporation) on
2 January 1991 ; and
(ii)was a person to whom deferred benefits applied under the Act on
2 January 1991 ; and
(iii) continues to be a permanent employee or a temporary full-time employee of the Corporation;
(h)a class of persons, each of whom:
(i) is eligible to be paid a mobility allowance or would be eligible to be paid the allowance except for the amount of income that the person is receiving; and
(ii)was an eligible employee immediately before becoming eligible to be paid the allowance; and
(iii) is not a member of the Superannuation (1990) Scheme;
(j)a class of persons each of whom:
(i) before the 50% sale day, becomes a Qantas employee; and
(ii)immediately before so becoming a Qantas employee, was an eligible employee employed by Australian Airlines Limited; and
(iii)does not cease to be a Qantas employee; and
(iv)does not become a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
that applies to the person’s employment as a Qantas employee;
(k)a class of persons each of whom is a person:
(i) who, on 31 August 1993, was an eligible employee employed by Commonwealth Serum Laboratories Limited in its National Blood Group Reference Laboratory; and
(ii)who, on 1 September 1993, became an employee of the New South Wales Red Cross Blood Transfusion Service in its National Blood Group Reference Laboratory; and
(iii)who made a request, in writing, before 1 September 1993, to be treated as an eligible employee while an employee of the New South Wales Red Cross Blood Transfusion Service; and
(iv)in relation to whom the New South Wales Red Cross Blood Transfusion Service made a request, in writing, before
1 September 1993 , for the person to be treated as an eligible employee while an employee of that Service;
(l)a class of persons each of whom is a person:
(i) who is employed by Australian Meat Technology Pty Limited (in this paragraph called AMT), other than as a casual or temporary part-time employee; and
(ii)who, immediately before becoming, or last becoming, an employee of AMT:
(A)was employed by the Commonwealth Scientific and Industrial Research Organisation; and
(B)was an eligible employee; and
(iii)in respect of whom (if the person became, or last became, an employee of AMT before the day on which the making of the relevant amendment is notified in the Gazette):
(A)the person had made a request, in writing before that day, that the person continue to be treated as an eligible employee; and
(B)payment had been made before that day of all contributions that would have been payable under the Act before that day by the person if the relevant amendment had been made, and its making notified in the Gazette, on or before the day on which the person became an employee of AMT;
(m)a class of persons each of whom:
(i) is employed by Australian Information Media Pty Limited (in this paragraph called AIM), otherwise than as a casual or temporary part-time employee; and
(ii)was an eligible employee immediately before last becoming such an employee of AIM; and
(iii) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;
(n)a class of persons each of whom:
(i) is relevantly employed for the purposes of this paragraph, that is to say employed (otherwise than as a casual employee or a temporary part-time employee) by Avalon Airport Geelong Pty Ltd. or ASTAAS Pty Ltd; and
(ii)immediately before last becoming relevantly employed, was an eligible employee employed by Avalon Airport Geelong Pty Ltd., ASTAAS Pty Ltd or AeroSpace Technologies of Australia Limited; and
(iii)immediately before
21 June 1995 , was an eligible employee employed by AeroSpace Technologies of Australia Limited; and
(iv)is not, in relation to the employment referred to in subparagraph (i), a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
Note Until
5 September 1995 , ASTAAS Pty Ltd was known as ASTA Aircraft Services Pty. Ltd..
(o)a class of persons each of whom:
(i) is a person who, on or after
1 July 1996 , became, or becomes, an employee of ACTTAB Limited; and
(ii)is either:
(A)a person who, immediately before becoming so employed, was an eligible employee under the Act; or
(B)a person to whom invalidity pension under the Act was, or would have been (but for the suspension of payment), payable immediately before becoming so employed; or
(C)a person to whom deferred benefits under the Act were applicable immediately before becoming so employed; or
(D)a person who, because of the person’s employment in ACTTAB Limited, would be a re-employed former contributor with preserved rights if ACTTAB Limited were an approved authority; and
(iii)does not cease to be an employee of ACTTAB Limited; and
(iv)is not, in relation to the person’s employment in ACTTAB Limited, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(p)a class of persons each of whom:
(i) is employed by the Nuclear Safety Bureau (in this paragraph called NSB); and
(ii)is either:
(A)a person who, immediately before last becoming so employed, was an eligible employee; or
(B)a person to whom invalidity pension under the Act was, or would have been (but for the suspension of payment), payable immediately before becoming so employed; or
(C)a person to whom deferred benefits under the Act were applicable immediately before becoming so employed; or
(D)a person who, because of the person’s employment in NSB, would be a re-employed former contributor with preserved rights if NSB were an approved authority; and
(iii)after becoming an employee of NSB, made contributions to the superannuation scheme provided for by the Act as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and
(iv)in relation to the person’s employment with NSB, is not a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and
(v) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;
(q)a class of persons each of whom:
(i) became an employee of the Australian Law Reform Commission (in this paragraph called ALRC) on
11 November 1996 ; and
(ii)immediately before becoming so employed, was an eligible employee employed by the Law Reform Commission; and
(iii)after becoming an employee of ALRC, made contributions to the superannuation scheme provided for by the Act as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and
(iv)is not, in relation to the person’s employment with ALRC, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and
(v) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;
(r)a class of persons each of whom:
(i) on or after
1 December 1997 became, or becomes, an employee of Medibank, other than on a casual or temporary part-time basis; and
(ii)is either:
(A)a person who, immediately before last becoming so employed, was an eligible employee; or
(B)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 that section was, or would have been (but for a suspension of payment) payable immediately before becoming so employed; or
(C)a person to whom invalidity pension under the Act was, or would have been (but for the suspension of payment), payable immediately before becoming so employed; or
(D)a person to whom deferred benefits under the Act or the superseded Act were applicable immediately before becoming so employed; or
(E)a person who, because of the person’s employment in Medibank, would be a re-employed former contributor with preserved rights; and
(iii)is not, in relation to the person’s employment in Medibank, a member of a superannuation scheme, other than:
(A)the scheme provided for in the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and
(iv) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;
(s)a class of persons each of whom:
(i) became an employee of Employment National (Administration) Pty Ltd on
1 May 1998 ; and
(ii)immediately before becoming so employed, was an eligible employee employed by the Department of Employment, Education, Training and Youth Affairs; and
(iii)is not, in relation to the person’s employment in Employment National (Administration) Pty Ltd, a member of a superannuation scheme, other than:
(A)the scheme provided for in the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and
(iv) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;
(t)a class of persons each of whom:
(i) became an employee of AWB Limited during the period from
1 June 1998 to30 June 1999 (inclusive); and
(ii)immediately before becoming so employed was an eligible employee employed by the Australian Wheat Board; and
(iii)is not, in relation to the person’s employment with AWB Limited, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and
(iv) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;
(u)a class of persons each of whom meets one of the following requirements:
(i) on
31 December 1998 , the person was an eligible employee employed by the Northern Territory Legal Aid Commission;
(ii)the person:
(A)became an employee of the Commission on or after
1 January 1999 ; and
(B)immediately before becoming an employee, was an eligible employee and was employed in relevant
employment; Northern Territory
(v)a class of persons each of whom:
(i) becomes an employee of the Australian Government Solicitor on or after
1 September 1999 ; and
(ii)immediately before becoming so employed was an eligible employee; and
(iii)is not, in relation to the person’s employment with the Australian Government Solicitor, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person
is taken, under subregulation 2 (2), to be a member for top-up purposes;
(w)a class of persons each of whom:
(i) becomes an employee (except a casual or temporary part-time employee) of Sydney Airports Corporation Ltd on or after
28 May 1998 ; and
(ii)immediately before becoming so employed was an eligible employee employed by the Federal Airports Corporation; and
(iii)is not, in relation to the person’s employment with Sydney Airports Corporation Ltd, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(x)a class of persons each of whom:
(i) becomes an employee (except a casual or temporary part-time employee) of Bankstown Airport Ltd on or after
19 June 1998 ; and
(ii)immediately before becoming so employed was an eligible employee employed by the Federal Airports Corporation; and
(iii)is not, in relation to the person’s employment with Bankstown Airport Ltd, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(y)a class of persons each of whom:
(i) becomes an employee (except a casual or temporary part-time employee) of Essendon Airport Ltd on or after
1 July 1998 ; and
(ii)immediately before becoming so employed was an eligible employee employed by the Federal Airports Corporation; and
(iii)is not, in relation to the person’s employment with Essendon Airport Ltd, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(z)a class of persons each of whom:
(i) on or after the commencement of the Sydney Harbour Federation Trust Act 2001, became, or becomes, an employee of the Sydney Harbour Federation Trust (otherwise than on a casual or temporary part-time basis); and
(ii)either:
(A)immediately before becoming so employed, was an eligible employee; or
(B)immediately before becoming so employed, was 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 that section was payable, or would have been payable but for a suspension of payment; or
(C)immediately before becoming so employed, was a person to whom invalidity pension under the Act or the superseded Act was payable, or would have been payable but for a suspension of payment; or
(D)immediately before becoming so employed, was a person to whom deferred benefits under the Act were applicable; or
(E)is a person who, because of the person’s employment by Sydney Harbour Federation Trust, is a re-employed former contributor with preserved rights; and
(iii)is not, in relation to the person’s employment by Sydney Harbour Federation Trust, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(za) a class of persons each of whom:
(i) immediately before the SMHEA corporatisation date, was an eligible employee employed by the
Hydro-electric Authority; and Snowy Mountains
(ii)on the SMHEA corporatisation date, became an employee of Snowy Hydro Limited; and
(iii)is not, in relation to the person’s employment with Snowy Hydro Limited, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(zb) a class of persons each of whom:
(i) became, or becomes, an employee of ATP Ltd (other than on a casual or temporary part-time basis) on or after
1 July 2001 ; and
(ii)immediately before becoming so employed, was an eligible employee employed by the Australian National Training Authority; and
(iii)is not, in relation to the person’s employment with ATP Ltd, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(zc) a class of persons:
(i) each of whom became, or becomes, an employee of ASPI Ltd (otherwise than on a casual or temporary part-time basis) on or after
7 November 2001 ; and
(ii)each of whom:
(A)immediately before becoming so employed, was an eligible employee; or
(B)immediately before becoming so employed, was 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 that section was payable, or would have been payable but for a suspension of payment; or
(C)immediately before becoming so employed, was a person to whom invalidity pension under the Act was payable, or would have been payable but for a suspension of payment; or
(D)immediately before becoming so employed, was a person to whom deferred benefits under the Act or the superseded Act were applicable; or
(E)is a person who, because of the person’s employment with ASPI Ltd, is a re-employed former contributor with preserved rights; and
(iii)each of whom is not, in relation to the person’s employment by ASPI Ltd, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(zd) a class of persons each of whom:
(i) is, or becomes, an employee of the CSS/PSS Board (otherwise than on a casual or temporary part-time basis); and
(ii)either:
(A)immediately before becoming so employed, was an eligible employee; or
(B)immediately before becoming so employed, was 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 that section was payable, or would have been payable but for a suspension of payment; or
(C)immediately before becoming so employed, was a person to whom invalidity pension under the Act was payable, or would have been payable but for a suspension of payment; or
(D)immediately before becoming so employed, was a person to whom deferred benefits under the Act or the superseded Act were applicable, and, in the case of a person who becomes a full-time temporary employee, makes an election in writing to become an eligible employee; or
(E)is a person who, because of the person’s employment by the CSS/PSS Board, is a re-employed former contributor with preserved rights, and, in the case of a person who becomes a full-time temporary employee, makes an election in writing to become an eligible employee; and
(iii)is not, in relation to the person’s employment by the CSS/PSS Board, a member of a superannuation scheme, other than:
(A)the scheme provided for by the Act; or
(B)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
(1A)For the purposes of sub-subparagraphs (1) (a) (v) (C), (1) (c) (iii) (B), (1) (ca) (iii) (B), (1) (d) (iii) (C), (1) (e) (iv) (C), (1) (f) (iii) (C), (1) (j) (iv) (B), (1) (n) (iv) (C), (1) (o) (iv) (C), (1) (p) (iv) (C), (1) (q) (iv) (C), (1) (r) (iii) (C), (1) (s) (iii) (C), (1) (t) (iii) (C), (1) (v) (iii) (C), (1) (w) (iii) (B), (1) (x) (iii) (B), (1) (y) (iii) (B), (1) (z) (iii) (B), and (1) (za) (iii) (B), (1) (zb) (iii) (B), (1) (zc) (iii) (B) and (1) (zd) (iii) (B), a person is taken to be a person to whom the relevant sub-subparagraph applies 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 (which may be in the form of a top-up arrangement).
(2)A reference in a paragraph of subregulation (1) to the relevant amendment is a reference to the amendment by which that paragraph was inserted into that subregulation.
3BRepatriation staff to whom section 14A of the Act applies
(1)Subject to subregulation (2), section 14A of the Act applies to the class of persons, each of whom:
(a)is taken, by force of subsection 15 (2) of the Repatriation Institutions (Transfer) Act 1992, to have resigned from the Australian Public Service at the start of the day (in this regulation called the relevant day) on which a State, or an authority of a State, started to operate a repatriation institution (within the meaning of that Act); and
(b)was an eligible employee immediately before the relevant day; and
(c)on the relevant day, is in employment at that repatriation institution that is:
(i) acceptable continuing employment, within the meaning of that Act; and
(ii)not casual employment or temporary part-time employment; and
(d)continues, on and from the relevant day, to be in that employment or in other employment that is not casual employment or temporary part-time employment and that is:
(i) 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
(ii)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 another authority of that State; and
(e)does not become a member of a State superannuation scheme except, in the case of a person to whom, under subregulation (1A), this paragraph applies, a State superannuation scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
(1A)For the purposes of paragraph (1) (e), a person is taken to be a person to whom the paragraph applies if he or she 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 (which may be in the form of a top-up arrangement).
(2)Subregulation (1) does not apply if the Minister signs a certificate for the purposes of this regulation that there are no arrangements, satisfactory to the Minister, in respect of the payment by the State or the authority of a State referred to in paragraph (1) (d) to the Commonwealth for the provision of superannuation under the Act for the person.
4When s 14A of the Act no longer applies
(1)The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a relevant person who:
(a) is a person to whom Division 3 of Part IV of the Public Service Act applies;
(b)but for his being a relevant person, would not be an eligible employee; and
(c)either:
(i) makes, by notice in writing to the Commissioner or to a person authorized by the Commissioner for the purposes of this regulation, an election to cease to be a person to whom section 14A of the Act applies; or
(ii)without previously making an election of the kind referred to in subparagraph (i), becomes a member of a superannuation scheme applying in relation to his employment, other than:
(A)the scheme provided for by the Act; or
(B)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
is the expiration of the day immediately preceding the day on which the event referred to in paragraph (c) occurs.
(1A)For the purposes of sub-subparagraph (1) (c) (ii) (C), paragraphs (2) (b) and (4) (c) and subparagraphs (5) (c) (iii), (6) (b) (iii), (9) (c) (ii), (10) (c) (iii), (11) (c) (iii), (13) (b) (iii), (16) (c) (iii), (17) (b) (iii), (18) (b) (iii), (19) (b) (iii), (20) (b) (iii), (21) (b) (iii), (22) (b) (iii), (23) (b) (ii), (24) (b) (ii), (25) (b) (ii), (26) (b) (ii) and (27) (b) (ii), (28) (b) (ii), (29) (b) (ii) and (30) (b) (ii), a person is taken to be a person to whom the relevant provision applies 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 (which may be in the form of a top-up arrangement).
(2)The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a relevant person who:
(a)is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977; and
(b)becomes a member of a State superannuation scheme other than, in the case of a person to whom, under subregulation (1A), this paragraph applies, a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
is the expiration of the day immediately preceding the day on which he becomes a member of the State superannuation scheme.
(3)The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a person (other than a person to whom Division 2 of Part IV of the Public Service Act applies) included in the class of persons referred to in paragraph 3A (1) (b), (c) or (ca) is:
(a)the expiry of the day on which the person ceases to be an employee of, or the holder of a statutory office in, the Corporation referred to in the relevant paragraph; or
(b)the expiry of the day immediately preceding the day on which the person becomes a member of the relevant superannuation scheme in relation to that Corporation; or
(c)if the person is employed by, or holds a statutory office in, the Corporation referred to in that paragraph during a period of leave without pay from employment by the Commonwealth or an approved authority:
(i) the expiry of the day immediately preceding the day on which the person elects that section 14A is to cease to apply to him or her; or
(ii)the expiry of the day on which that period of leave without pay ends.
(4)For the purposes of paragraph (3) (b), the relevant superannuation scheme means, in relation to a person mentioned in that paragraph:
(a)in the case of the Australian Postal Corporation — the Australia Post Superannuation Scheme; and
(b)in the case of the Australian and Overseas Telecommunications Corporation — the Telecom Superannuation Scheme;
unless:
(c)the person is a person to whom, under subregulation (1A), this paragraph applies; and
(d)the scheme is a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
(5)Section 14A of the Act ceases to apply to a person mentioned in paragraph 3A (1) (f) at the end of the earliest of the following days:
(a)the day on which the person ceases to be an employee of ASP Ship Management; or
(b)the day immediately before the day on which the person becomes a casual, or temporary part-time, employee of ASP Ship Management; or
(c)the day immediately before the day on which the person becomes a member of a superannuation scheme, other than:
(i) the scheme constituted by the Act; or
(ii)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
applying to the person’s employment by ASP Ship Management; or
(d)if Commonwealth control of ASP Ship Management ceases — the later of:
(i) the day on which that control ceases; or
(ii)the day immediately before the day on which this paragraph commences.
(6)Section 14A of the Act ceases to apply to a person in the class of persons referred to in paragraph 3A (1) (g):
(a)at the end of the day on which the person ceases to be a person referred to in subparagraph 3A (1) (g) (iii); or
(b)at the end of the day that immediately precedes the day on which the person becomes a member of a superannuation scheme, other than:
(i) the scheme constituted by the Act; or
(ii)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
applying to the person’s employment by the Dairy Research and Development Corporation;
whichever occurs first.
(7)Section 14A of the Act ceases to apply to a person mentioned in paragraph 3A (1) (h) at the end of:
(a)the day on which the person ceases to be eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving; or
(b)the day immediately before the person is required to be a member of the Superannuation (1990) Scheme while the person:
(i) is eligible to be paid a mobility allowance; or
(ii)would be eligible to be paid the allowance except for the amount of income that he or she is receiving;
whichever occurs first.
(8)Section 14A of the Act ceases to apply to the class of persons mentioned in paragraph 3A (1) (j) at the end of the day immediately before the 50% sale day.
(9)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (k) 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 New South Wales Red Cross Blood Transfusion Service in its National Blood Group Reference Laboratory;
(b)the day immediately before the day on which the person becomes a casual or temporary part-time employee of that Service in its National Blood Group Reference Laboratory;
(c)the day immediately before the day on which the person becomes a member of a superannuation scheme applying to the person’s employment by that Service, other than:
(i) the scheme provided for under the Act; or
(ii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(d)if that Service terminates its arrangements to make payments under section 159 of the Act in respect of the person — the last day to which the payments so made relate;
(e)if the Commonwealth ceases to provide financial assistance, under arrangements made with The Australian Red Cross Society New South Wales Division, for the administration of the National Blood Group Reference Laboratory — the last day to which the financial assistance relates.
(10)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (l) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of Australian Meat Technology Pty Limited (in this subregulation called AMT);
(b)the day immediately before the day on which the person becomes a casual or temporary part-time employee of AMT;
(c)the day immediately before the day on which the person becomes a member of a superannuation scheme applying to that person’s employment by AMT, other than:
(i) the scheme provided for under the Act; or
(ii)a superannuation scheme to which contributions are made only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(d)if Commonwealth control of AMT ceases — the last day on which Commonwealth control of AMT continued.
(11)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (m) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of Australian Information Media Pty Limited (in this subregulation called AIM);
(b)the day immediately before the day on which the person becomes a casual or temporary part-time employee of AIM;
(c)the day immediately before the day on which the person becomes a member of a superannuation scheme applying to that person’s employment by AIM, other than:
(i) the scheme provided for under the Act; or
(ii)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(d)if Commonwealth control of AIM ceases — the last day on which Commonwealth control of AIM continued.
(12)If:
(a)a person is a person to whom section 14A of the Act applies; and
(b)under the SIS Act, any of the person’s benefits provided for in the Act become compulsorily payable to the person;
section 14A of the Act ceases to apply to the person at the end of the day immediately before the day on which the benefits become so payable.
(13)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (n) at the end of the day specified in whichever of the following paragraphs applies or first applies to the person:
(a) subject to subregulation (14), the day on which the person ceases to be relevantly employed for the purposes of that paragraph; or
(b)the day immediately preceding the day on which the person becomes a member of a superannuation scheme applying to the person’s employment as a person who is so employed, other than:
(i) the scheme provided for under the Act; or
(ii)a superannuation scheme to which contributions are made only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; or
(c)if the company by which the person is relevantly employed for the purposes of paragraph 3A (1) (n) ceases to be under Commonwealth control — the last day on which the company is under Commonwealth control.
(14)A person is not taken to cease to be relevantly employed for the purposes of paragraph 3A (1) (n) if:
(a)he or she ceases to be employed either by Avalon Airport Geelong Pty Ltd. or by ASTAAS Pty Ltd and immediately afterwards becomes employed (otherwise than as a casual employee or a temporary part-time employee) by the other; and
(b)on the day on which he or she so becomes employed, the company by which he or she is then employed is under Commonwealth control.
(15)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (o) at the end of the day on which ACT Government control of ACTTAB Limited ceases.
(16)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (p) at the end of the first occurring of the following days:
(a)
31 December 1996 ;
(b)the day on which the person ceases to be an employee of the Nuclear Safety Bureau (in this subregulation called NSB);
(c)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 NSB, other than:
(i) the scheme provided for by the Act; or
(ii)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
(17)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (q) 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 Law Reform Commission (in this subregulation called ALRC);
(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 ALRC, other than:
(i) the scheme provided for in the Act; or
(ii)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
(18)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (r) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of Medibank;
(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 Medibank, other than:
(i) the scheme provided for in the Act; or
(ii)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)if Commonwealth control of Medibank ceases — the last day on which Medibank is under Commonwealth control.
(19)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (s) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of Employment National (Administration) Pty Ltd;
(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 Employment National (Administration) Pty Ltd, other than:
(i) the scheme provided for in the Act; or
(ii)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)if Commonwealth control of Employment National (Administration) Pty Ltd ceases — the last day on which Employment National (Administration) Pty Ltd is under Commonwealth control.
(20)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (t) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of AWB Limited;
(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 AWB Limited, other than:
(i) the scheme provided for in the Act; or
(ii)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)if Commonwealth control of AWB Limited ceases — the last day on which AWB Limited is under Commonwealth control.
(21)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (u) at the end of the earlier of the following days:
(a)the day on which the employee ceases to be an employee of the Northern Territory Legal Aid Commission;
(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 Northern Territory Legal Aid Commission, other than:
(i) the scheme provided for by the Act; or
(ii)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)for a person to whom this subparagraph applies because of subregulation (1A) — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
(22)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (v) 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 Act; or
(ii)a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)the day on which the Australian Government Solicitor ceases to be a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997.
(23)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (w) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of Sydney Airports Corporation Ltd;
(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 Sydney Airports Corporation Ltd, other than:
(i) the scheme provided for in the Act; or
(ii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)the day on which Sydney Airports Corporation Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.
(24)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (x) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of Bankstown Airport Ltd;
(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 Bankstown Airport Ltd, other than:
(i) the scheme provided for in the Act; or
(ii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)the day on which the Commonwealth ceases to have a controlling interest (whether through Sydney Airports Corporation Ltd or otherwise) in
Airport Ltd. Bankstown
(25)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (y) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of Essendon Airport Ltd;
(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 Essendon Airport Ltd, other than:
(i) the scheme provided for in the Act; or
(ii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)the day on which Essendon Airport Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.
(26)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (z) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of Sydney Harbour Federation Trust;
(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 Sydney Harbour Federation Trust, other than:
(i) the scheme provided for in the Act; or
(ii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)the day on which Sydney Harbour Federation Trust ceases to be a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997.
(27)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (za) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of Snowy Hydro Limited;
(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 Snowy Hydro Limited, other than:
(i) the scheme provided for in the Act; or
(ii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)the day on which a person or entity other than the following becomes a shareholder of Snowy Hydro Limited:
(i) the Commonwealth;
(ii)
; New South Wales
(iii)
; Victoria
(d)if payments to the Commonwealth in respect of benefits that are payable under the Act to, or in respect of, the person cease to be made by Snowy Hydro Limited — the last day to which the last of those payments relates;
(e)if payments to the Commonwealth in respect of 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.
(28)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zb) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of ATP Ltd;
(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 ATP Ltd, other than:
(i) the scheme provided for in the Act; or
(ii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)if Commonwealth control of ATP Ltd ceases — the last day on which ATP Ltd ceases to be under Commonwealth control.
(29)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zc) at the end of the first occurring of the following days:
(a)the day on which the person ceases to be an employee of ASPI Ltd;
(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 ASPI Ltd, other than:
(i) the scheme provided for in the Act; or
(ii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c)the day on which ASPI Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.
(30)Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zd) 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 CSS/PSS Board; or
(b)the day immediately before the day on which the person becomes a casual or temporary part-time employee of the CSS/PSS Board; or
(c)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 CSS/PSS Board, other than:
(i) the scheme provided for by the Act; or
(ii)in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
4AWhen s 14A no longer applies — transfer to Public Sector Superannuation Scheme
(1)Section 14A of the Act ceases to apply to a person mentioned in paragraph 3A (1) (e), paragraph 3A (1) (l) or regulation 3B who, in writing addressed to the Board, within the period specified in subregulation (2):
(a)declares that he or she wishes to become a member of the Public Sector Superannuation Scheme; and
(b) elects to cease to be an eligible employee;
and, at the time of making that declaration and election, is not precluded by or under the Superannuation Act 1990 (other than by paragraph 6 (2) (a) of that Act) from being a member of the Public Sector Superannuation Scheme.
(2)Subject to subregulations (3) and (4), the period specified for the purposes of subregulation (1) is the period from
1 March 1996 to31 August 1996 (inclusive).
(3)If:
(a)at any time during the period from
1 June 1996 to31 August 1996 (inclusive) any of the following special circumstances applies to a person:
(i) the person is absent from duty on leave without pay;
(ii)the person is precluded by or under the Superannuation Act 1990 (otherwise than by paragraph 6 (2) (a) of that Act) from being a member of the Public Sector Superannuation Scheme; and
(b)the person does not make a declaration and election referred to in paragraph (1) (zo) before
1 September 1996 ;
the period specified for the purposes of that paragraph is the period commencing on
1 September 1996 and ending at the end of the period of 3 months commencing:
(c)in the case of a person to whom none of those special circumstances applies on 31 August 1996 — on the last day before 1 September 1996 on which none of those special circumstances applies to the person; or
(d)in the case of a person to whom any of those circumstances applies on 31 August 1996 — on the first day after 31 August 1996 on which none of those circumstances applies to the person.
(4)The period specified for the purposes of subregulation (1) is:
(a)in the case of a person who, immediately before becoming an eligible employee, was a person to whom invalidity pension was, or but for a suspension of payment, would have been, payable under the Act before 31 August 1996 — the period from 1 March 1996 to the later of 31 August 1996 or the day 3 months after the day when the person became an eligible employee; or
(b)in the case of a person who becomes 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.
5Application of Act
(1)The Act applies, subject to the modifications specified in Schedule 1, to and in relation to a person to whom section 14A of the Act applies by virtue of his or her being a person referred to in paragraph (1) (a), (c), (d) or (e) of that section.
(2)The Act applies, subject to the modifications set out in Schedule 2, to a person referred to in paragraph 3A (1) (h).
(3)The Act applies, subject to the modifications set out in Schedule 3, to a class of persons each of whom:
(a)holds an appointment, or is employed, for a fixed term; and
(b) is an eligible employee because he or she is:
(i) a person to whom Division 3 of Part IV of the Public Service Act applies; or
(ii)a person referred to in paragraph 14A (1) (b) or (e) of the Act.
Schedule 1 Modification of Act
(subregulation 5 (1))
1.Insert the following Part after Part VIII:
Part VIIIA Special provisions applicable to certain persons to whom section 14A applies
124A Interpretation
In this Part, unless the contrary intention appears:
reinstated means re-appointed or re-employed, or to be deemed to be, or deemed to have been, re-appointed or re-employed, as the case requires.
relevant period means:
(a)in relation to a person to whom this Part applies, being a person referred to in paragraph 124B (a), (b), (c), (e) or (g) — any period referred to in subparagraph 124B (a) (iii), (b) (iii), (c) (iii), (e) (iii) or (g) (iii), as the case may be, during which the person was not an eligible employee; or
(b)in relation to a person to whom this Part applies, being a person referred to in paragraph 124B (d) or (f) — any period comprising the whole, or any portion, of the period:
(i) commencing on the day on which the person is reinstated; and
(ii)ending at the end of the day immediately preceding the day on which the person first reports, or reported, for duty after reinstatement;
during which the person was not an eligible employee.
124B Application of Part
This Part applies to a person to whom section 14A applies, being:
(a)a person who:
(i) is performing duty in the Australian Public Service pursuant to a re-appointment to that Service under subsection 63F (9), 63G (7) or 66B (2) of the Public Service Act;
(ii) was an eligible employee immediately before the dismissal, or deemed retirement, from the Australian Public Service to which the re-appointment relates; and
(iii)was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the dismissal or deemed retirement and ended at the time at which the re-appointment took effect;
(b)a person who:
(i) is, by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;
(ii)was an eligible employee immediately before the dismissal from the Australian Public Service to which the declaration in respect of the person referred to in subsection 87K (11) of that Act relates; and
(iii)was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the dismissal and ended on the making of the declaration;
(c)a person who:
(i) is, by virtue of a determination under subsection 87P (7) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;
(ii)was an eligible employee immediately before the termination of employment referred to in subparagraph 87P (1) (a) (i) or (b) (i) of that Act, as the case may be, to which the determination relates; and
(iii)was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the termination of the employment and ended upon the making of the determination;
(d)a person who is performing duty in the Australian Public Service by virtue of having been deemed to have been re-appointed to that Service in accordance with section 87M or 87Q of the Public Service Act;
(e)a person who:
(i) is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been re-appointed to the Australian Public Service under section 63F, 63G or 66B of the Public Service Act;
(ii)was an eligible employee immediately before the termination or cessation of employment to which the reinstatement relates; and
(iii)was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the termination or cessation of employment and ended at the time at which the reinstatement took effect;
(f)a person who:
(i) is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act; and
(ii)is reinstated on the day immediately following the day (in this subregulation called his or her last day in prescribed employment) on which there took effect the termination or cessation of employment to which the reinstatement relates; or
(g)a person (other than a person to whom paragraph (f) applies) who:
(i) is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act;
(ii)was an eligible employee on his or her last day in prescribed employment; and
(iii)was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced on the day immediately following his or her last day in prescribed employment and ended at the time at which his or her reinstatement took effect.
124C Periods deemed to be periods of leave of absence without pay
Each period that is, in relation to a person to whom this Part applies, a relevant period shall be deemed, for the purposes of this Act, to be a period during the whole of which the person was absent, on leave of absence without pay, from the employment in which he or she was engaged immediately before the commencement of the relevant period and, where that period does not exceed 12 weeks, the period shall, for the purposes of section 51, be deemed to be a period exceeding 12 weeks.
124D Benefits not payable in certain circumstances
If a benefit becomes, or became, payable under this Act to, or in respect of, a person to whom this Part applies on the commencement of any period that is, in relation to that person, a relevant period:
(a)the benefit is taken not to be, or to have been, payable; and
(b)if the benefit or any part of the benefit is paid, the person must repay the amount of that benefit or that part of the benefit to the Commissioner.
2.Section 159:
2.1After subsection 159 (1), insert:
(1A)This section also applies to the following bodies:
(a)AIDC Ltd;
(b)the Dairy Research and Development Corporation;
(c)a Commonwealth authority, within the meaning of Part IV of the Public Service Act, that is not an approved authority;
(d)the Northern Land Council;
(e)ASP Ship Management;
(g)a company that is:
(i) Qantas; or
(ii)a Qantas subsidiary;
within the respective meanings of the Qantas Sale Act 1992;
(h)the
Red Cross Blood Transfusion Service; New South Wales
(i) Australian Meat Technology Pty Limited;
(j)Australian Information Media Pty Limited;
(k)Avalon Airport Geelong Pty Ltd.;
(l)ASTAAS Pty Ltd;
(m)Nuclear Safety Bureau;
(n)Australian Law Reform Commission;
(o)Medibank;
(p)Employment National (Administration) Pty Ltd;
(q)AWB Limited;
(r)
Legal Aid Commission; Northern Territory
(s)Australian Government Solicitor;
(t)Sydney Airports Corporation Ltd;
(u)Bankstown Airport Ltd;
(v)Essendon Airport Ltd;
(w)
Federation Trust; Sydney Harbour
(x)Snowy Hydro Limited;
(y)ATP Ltd;
(z)ASPI Ltd;
(za) the CSS/PSS Board.
(1B)This section does not apply to:
(a)Telstra; or
(b)the Australian Postal Corporation.
2.2Subparagraph 159 (2) (a) (ii):
After (1) (b), insert or in subsection (1A)
3.Section 160:
3.1Subsection 160 (4)
Omit the subsection, substitute:
(4)If a person who:
(a)proposes to become employed by, becomes employed by, or is employed by:
(i) an approved authority; or
(ii)a declared authority; or
(iii)a body mentioned in subsection 159 (1A); or
(iv)Telstra; or
(v)the Australian Postal Corporation; or
(b) is the proposed appointee to, or the holder of, a statutory office whose remuneration is paid by an authority or a body mentioned in paragraph (a);
is required to undergo a medical examination under section 16 or 16AB, the authority or body mentioned in paragraph (a) must pay the cost of the examination.
3.2After paragraph 160 (6) (a), insert:
(aa) a body mentioned in subsection 159 (1A) whose staff includes or included eligible employees; or
(ab) Telstra; or
(ac) the Australian Postal Corporation; or
Schedule 2 Modifications of the Act in relation to persons eligible to be paid a mobility allowance
(subregulation 5 (2))
1.Section 3 (Interpretation)
1.1Subsection 3 (1):
After the definition of minimum retiring age, insert:
mobility allowance means an allowance of that name payable in accordance with a determination made under section 82D of the Public Service Act 1922.
2.Section 5 (Annual rate of salary)
2.1Subsection 5 (2):
Omit the subsection, substitute:
(2)The annual rate of salary on a particular day of a person who is referred to in paragraph 3A (1) (h) of the Superannuation (Continuing Contributions for Benefits) Regulations is:
(a)an amount equal to the amount of salary per year payable on that day in respect of the office that the person held immediately before becoming eligible for a mobility allowance; or
(b)if the person makes an election under subsection 47A (1) — the maximum amount per year of mobility allowance payable to a person.
3.Section 47 (Decreases in salary)
3.1Add at the end:
(5)This section does not apply to an eligible employee who makes an election under subsection 47A (1).
4.New section 47A
4.1After section 47, insert:
47A Election relating to mobility allowance
(1)An eligible employee who:
(a) is eligible to be paid a mobility allowance; or
(b)would be eligible to be paid a mobility allowance except for the amount of income that he or she is receiving;
(in this regulation called the applicant may) make an election in writing to the Commissioner to have the applicant’s annual rate of salary taken to be the maximum amount per year of mobility allowance payable to a person.
(2)The applicant must make the election not later than 3 months after the day on which the applicant:
(a) becomes eligible to be paid a mobility allowance; or
(b)would have become eligible to be paid a mobility allowance except for the amount of income that he or she is receiving.
(3)If:
(a)the applicant makes an election under subsection (1); and
(b)as a consequence of the election, the applicant’s annual rate of salary is less than the annual rate of salary:
(i) payable to the applicant on the last anniversary of the applicant’s birth before the date of the election; or
(ii)taken, under subsection 47 (1) or (3), to have been payable to the applicant on the last anniversary;
the applicant’s annual rate of salary on the last anniversary of the applicant’s birth before the day on which the applicant:
(c) became eligible to be paid a mobility allowance; or
(d)would have become eligible to be paid a mobility allowance except for the amount of income that he or she is receiving;
is taken to be the applicant’s annual rate of salary immediately after the election for the purpose of calculating the amount of the basic contribution payable by the applicant on each contribution day after the date of the election and before the first anniversary of the applicant’s birth after that date.
5.Section 51 (Leave of absence without pay)
5.1After subsection 51 (1), insert:
(1AA)In spite of subsection (1), this section does not apply to an eligible employee who:
(a) is eligible to be paid a mobility allowance; or
(b)would be eligible to be paid a mobility allowance except for the amount of income that the person is receiving.
6.Section 110A (Interpretation)
6.1Definition of designated employer:
After paragraph (c), insert:
(ca)if the employee
(i) is eligible to be paid a mobility allowance; or
(ii)would be eligible to be paid a mobility allowance except for the amount of income that the person is receiving;
the Department, approved authority or person who is, or would be, responsible for the payment of the allowance; or
6.2Definition of productivity employee:
Omit the definition, substitute:
productivity employee means an eligible employee who:
(a) is eligible to be paid a mobility allowance; or
(b)would be eligible to be paid a mobility allowance except for the amount of income that he or she is receiving.
Schedule 3 Modifications of the Act in its application to certain fixed-term office holders and employees
(subregulation 5 (3))
1.Section 57B (Definition)
1.1Subsection 57B (1) (definition of fixed-term employee):
Add at the end:
; or
(f)a person who:
(i) holds an appointment, or is employed, for a fixed term; and
(ii) is an eligible employee because he or she is:
(A)a person to whom Division 3 of Part IV of the Public Service Act 1922 applies; or
(B)a person referred to in paragraph 14A (1) (b) or (e) of the Act.
2.Section 58A (Special provision regarding certain holders of statutory offices)
2.1Subparagraph 58A (1) (c) (ii):
Omit paragraph 57B (1) (d) or (e), substitute paragraph 57B (1) (d), (e) or (f)
3.Section 58B (Special provision regarding certain fixed-term employees)
3.1Subparagraph 58B (1) (c) (iv):
Omit paragraph 57B (1) (d) or (e)”, substitute “paragraph 57B (1) (d), (e) or (f)
Notes to the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981
Note 1
The Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981 (in force under the Superannuation Act 1976) as shown in this compilation comprise Statutory Rules 1981 No. 36 amended as indicated in the Tables below.
Under the implementation of the Legislative Instruments Act 2003, which came into force on
1 January 2005 , it is a requirement for all legislative instruments to be registered to the Federal Register of Legislative Instruments. Any legislative instrument made on or after1 January 2005 is not enforceable unless it is registered. From1 January 2005 the Statutory Rules series ceased to exist and is replaced with Select Legislative Instruments (SLI). Numbering conventions remain the same, ie Year and Number.
Table of Instruments
Year and
numberDate of notification
in Gazette or FRLI registrationDate of
commencementApplication, saving or
transitional provisions1981 No. 36 13 Mar 1981 15 Mar 1981 (see Gazette 1981, No. S44)1987 No. 290 17 Dec 1987 15 Mar 1981 — 1989 No. 168 30 June 1989 30 June 1989 — 1990 No. 179 29 June 1990 1 July 1990 — 1990 No. 379 6 Dec 1990 6 Dec 1990 — 1991 No. 97 23 May 1991 23 May 1991 — 1991 No. 168 28 June 1991 1 July 1990 — 1991 No. 446 19 Dec 1991 1 July 1992 — as amended by 1992 No. 213 30 June 1992 1 July 1992 — 1991 No. 465 19 Dec 1991 R. 3.6: 7 Mar 1988
R. 4: 1 July 1990
Remainder:19 Dec 1991 — 1992 No. 27 7 Feb 1992 7 Feb 1992 — 1992 No. 213 30 June 1992 1 July 1992 — 1992 No. 323 16 Oct 1992 Rr. 3.2, 3.3 and 4.1: 2 Jan 1991
Remainder:16 Oct 1992 — 1992 No. 428 24 Dec 1992 24 Dec 1992 — 1992 No. 460 24 Dec 1992 24 Dec 1992 — as amended by 1994 No. 271 26 July 1994 R. 8: 24 Dec 1992
Remainder:26 July 1994 — 1993 No. 3 29 Jan 1993 29 Jan 1993 — 1993 No. 50 21 Apr 1993 21 Apr 1993 — 1993 No. 348 17 Dec 1993 18 Dec 1992 — 1994 No. 8 4 Feb 1994 1 Sept 1993 — 1994 No. 115 3 May 1994 3 Dec 1993 — 1994 No. 116 3 May 1994 3 May 1994 — 1994 No. 248 7 July 1994 7 July 1994 — 1994 No. 271 26 July 1994 R. 8: 24 Dec 1994
Remainder:26 July 1994 — 1994 No. 335 11 Oct 1994 26 July 1994 — 1995 No. 97 18 May 1995 18 May 1995 — 1995 No. 201 30 June 1995 1 July 1995 — 1995 No. 349 23 Nov 1995 21 June 1995 — 1995 No. 438 22 Dec 1995 1 Mar 1996 — 1996 No. 6 31 Jan 1996 31 Jan 1996 — 1996 No. 97 20 June 1996 23 June 1995 — 1996 No. 297 18 Dec 1996 1 July 1996 — 1997 No. 47 12 Mar 1997 12 Mar 1997 — 1997 No. 215 27 Aug 1997 30 June 1992 — 1998 No. 91 21 May 1998 Rr. 1, 2, 4.1, 4.4, 5.1, 5.4 and 6.1: 11 Nov 1996
Rr. 3, 4.2, 4.5, 5.2, 5.5 and 6.2:1 Dec 1997
Remainder: 1 May 1998— 1998 No. 242 31 July 1998 Rr. 4, 6.1 and 6.2: 1 Aug 1998
Remainder:1 June 1998 — 1999 No. 63 22 Apr 1999 1 Jan 1999 — 1999 No. 172 1 Sept 1999 1 Sept 1999 — 2001 No. 230 30 Aug 2001 R. 6: 19 June 1998
R. 7: 1 July 1998
Schedule1: 30 Aug 2001
Schedule2: 20 Sept 2001 (see r. 2 (e))
Schedule3: 28 June 2002 (see r. 2 (f) and Gazette 2002, No. S216)
Remainder: 28 May 1998— 2002 No. 94 9 May 2002 Rr. 1–3 and Schedule 1: 1 July 2001
Remainder:7 Nov 2001 — 2002 No. 341 20 Dec 2002 20 Dec 2002 — 2005 No. 7 14 Feb 2005 (see F2005L00146)15 Feb 2005 —
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected
How affected
R. 1......................................... rs. 1995 No. 201; 1999 No. 63 R. 2......................................... am. 1990 No. 179; 1992 Nos. 27, 428 and 460 (as am. by 1994 No. 271); 1993 No. 50; 1994 Nos. 115 and 271; 1995 Nos. 97 and 201; 1996 No. 297; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172; 2001 No. 230; 2002 Nos. 94 and 341 R. 3......................................... am. 1987 No. 290; 1990 No. 179; 1991 No. 168; 1992 No. 460; 1994 No. 271; 1996 No. 6; 1998 No. 242; 1999 No. 172 R. 3A...................................... ad. 1989 No. 168 rs. 1990 No. 179 am. 1991 Nos. 97 and 465; 1992 Nos. 27, 323, 428 and 460;1993 Nos. 3 and 50; 1994 Nos. 8, 115, 271 and 335; 1995 Nos. 97 and 349; 1996 No. 297; 1997 No. 215; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172; 2001 No. 230; 2002 Nos. 94 and 341 R. 3B...................................... ad. 1991 No. 446 am. 1992 No. 213; 1994 Nos. 248 and 271 R. 4......................................... am. 1990 No. 179; 1992 Nos. 27, 323, 428 and 460; 1993 Nos. 3 and 50; 1994 Nos. 8, 115 and 271; 1995 Nos. 97, 201 and 349; 1996 No. 297; 1997 Nos. 47 and 215; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172; 2001 No. 230; 2002 Nos. 94 and 341 R. 4A...................................... ad. 1995 No. 438 R. 5......................................... rs. 1987 No. 290 am. 1989 No. 168; 1992 No. 428; 1994 Nos. 115 and 116 Heading to Schedule.......... rep. 1992 No. 428 Heading to Schedule 1...... ad. 1992 No. 428 Schedule............................... am. 1987 No. 290; 1989 No. 168; 1990 No. 379; 1991 Nos. 97,168 and 465; 1992 No. 27 Schedule 1........................... am. 1992 No. 428; 1993 Nos. 3, 50 and 348; 1994 Nos. 8 and 115; 1995 Nos. 97 and 349; 1997 No. 215; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172; 2001 No. 230; 2002 Nos. 94 and 341; 2005 No. 7 Schedule 2........................... ad. 1992 No. 428 am. 1994 No. 115 Schedule 3........................... ad. 1994 No. 116 am. 1996 No. 97
0
0
0