Superannuation (Productivity Benefit) (Qualified Employees) Declaration No. 3 (Cth)

Statutory Rules 1993   No. 203¹

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Superannuation (Productivity Benefit) (Qualified Employees) Declaration No. 3

I, RALPH WILLIS, Minister for Finance, make the following Declaration under subsection 3F (1) of the Superannuation (Productivity Benefit ) Act 1988.

Dated 15 July 1993.

RALPH WILLIS

Minister for Finance

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Citation

1.   This Declaration may be cited as the Superannuation (Productivity Benefit) (Qualified Employees) Declaration No. 3.

Commencement

2.   This Declaration is taken to have commenced on 1 July 1992.

Interpretation

3.   In this Declaration, “the Act” means the Superannuation (Productivity Benefit ) Act 1988.

Declared class of persons—employees overseas

4.   For the purposes of subsection 3F (1) of the Act, persons, each of whom:

(a)   is excluded from the definition of “qualified employee” in subsection 3 (1) of the Act by reason only of the operation of paragraph (m) of the definition; and

(b)   is a resident of Australia for the purposes of the Income Tax Assessment Act 1936;

are a class of persons who are qualified employees.

Declared class of persons—contracts for labour

5.   For the purposes of subsection 3F (1) of the Act, persons, each of whom:

(a)   but for this clause would not be a qualified employee within the meaning of subsection 3 (1) of the Act; and

(b) would be a qualified employee if, and only if, subsection 12 (3) of the Superannuation Guarantee (Administration) Act 1992 applied in relation to the definition of “qualified employee” in subsection 3 (1) of the Act;

are a class of persons who are qualified employees.

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NOTE

1.   Notified in the Commonwealth of Australia Gazette on  26 July 1993.