Superannuation (Eligible Employees) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 232 1

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Superannuation (Eligible Employees) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976.

Dated 30 June 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

KIM C. BEAZLEY

Minister for Finance

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1.   Amendment

1.1   The Superannuation (Eligible Employees) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 3 (Interpretation)

2.1   Insert the following definition:

“ ‘ACT Government Service’ means the Service established by subsection 12 (1) of the Public Sector Management Act 1994 of the Australian Capital Territory;”.

3.   Regulation 4 (Persons not included in definition of “eligible employee”)

3.1   Add at the end:

• “; (zm)

  persons who:

  • (i)

    become officers of the ACT Government Service (other than fixed-term SES officers), by virtue of section 6 or 7 of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory, on the day on which that Service is established (in this item called ‘transferred officers’); and

  • (ii)

    continue to be transferred officers; and

  • (iii)

    were, immediately before becoming transferred officers:

    • (A)

      officers for the purposes of the Public Service Act 1922; or

    • (B)

      continuing employees under section 82AC of the Public Service Act 1922; or

    • (C)

      deemed to be continuing employees under section 82AD of the Public Service Act 1922; or

    • (D)

      officers or employees of a prescribed entity for the purposes of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory; and

  • (iv)

    were not, immediately before becoming transferred officers, eligible employees; and

  • (v)

    do not, at any time after becoming transferred officers, request in writing to be treated as eligible employees;

• (zn)

  persons who:

  • (i)

    are officers (other than fixed-term SES officers) of the ACT Government Service (in this paragraph called ‘transferred officers’); and

  • (ii)

    were, immediately before becoming transferred officers:

    • (A)

      permanent employees of the Australian Capital Territory Totalizator Administration Board; and

    • (B)

      members of the ACTTAB Limited Staff Superannuation Plan; and

  • (iii)

    were, immediately after becoming transferred officers, officers performing duties for the Australian Capital Territory Totalizator Administration Board; and

  • (iv)

    continue to be officers who perform duties for the Australian Capital Territory Totalizator Administration Board; and

  • (v)

    do not, after becoming transferred officers, cease to be members of the ACTTAB Limited Staff Superannuation Plan.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1994.

2. Statutory Rules 1976 No. 140 as amended by 1977 No. 157; 1978 Nos. 15 and 280; 1980 No. 181; 1982 No. 235; 1983 Nos. 76 and 77; 1984 No. 113; 1985 Nos. 343 and 375; 1986 Nos. 265, 345 and 373; 1987 Nos. 10, 62, 114, 225 and 306; 1988 Nos. 41, 59 and 149; 1989 Nos. 37, 85, 98, 121 and 169; 1990 Nos. 97, 142, 178 and 180; 1992 Nos. 429 and 458; 1994 No. 133.