Superannuation (PSS) Membership Exclusion Declaration (Amendment) (23/07/1998) (Cth)

Text Statutory Rules 1998 No. 2431 Superannuation (PSS) Membership Exclusion Declaration2 (Amendment) 1. Commencement 1.1 This declaration commences on 1 August 1998. 2. Amendment 2.1 The Superannuation (PSS) Membership Exclusion Declaration is amended as set out in this declaration. 3. Clause 4 (Persons to whom section 6 of the 1990 Act does not apply) 3.1 Subclause 4 (1): Omit “Section 6”, substitute “Subject to subclauses (2) and (3), section 6”. 3.2 Add at the end: 4. Schedule (Persons to whom section 6 of the 1990 Act does not apply) 4.1 Add at the end: “38

Statutory Rules 1998    No. 2431 __________________ Superannuation (PSS) Membership Exclusion Declaration2 (Amendment) I, JOHN JOSEPH FAHEY, Minister for Finance and Administration, make the following Declaration under paragraph 6 (2) (c) of the Superannuation Act 1990. Dated 23 July 1998. JOHN FAHEY Minister for Finance and Administration ____________ 1.   Commencement 1.1   This declaration commences on 1 August 1998. 2.   Amendment 2.1   The Superannuation (PSS) Membership Exclusion Declaration is amended as set out in this declaration. 3.   Clause 4 (Persons to whom section 6 of the 1990 Act does not apply) 3.1   Subclause 4 (1): Omit “Section 6”, substitute “Subject to subclauses (2) and (3), section 6”. 3.2   Add at the end:            “(3)   Section 6 of the 1990 Act ceases to apply to a person referred to in paragraph (a) of item 38 in the Schedule 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 1990 Act; or    (ii)   a scheme to which contributions are made in respect of the person only in relation to performance pay; or    (iii)   a scheme of which the person is a member for top-up purposes only;              (c)   the day immediately before the day on which the Australian Government Solicitor becomes neither:    (i)   an Agency within the meaning of the Financial Management and Accountability Act 1997; nor    (ii)   a Commonwealth authority, or a Commonwealth company, within the meaning of the Commonwealth Authorities and Companies Act1997.”. 4.   Schedule (Persons to whom section 6 of the 1990 Act does not apply) 4.1   Add at the end: “38 A person whom, on or after 1 August 1998, becomes a person to whom Division 2 or 3 of Part IV of the Public Service Act applies, unless the person:              (a)   if a body known as the Australian Government Solicitor is established by statute, becomes an employee of that body by reason of a declaration under subsection 81C (1) of the Public Service Act; and              (b)   is not, in relation to the person’s employment in the Australian Government Solicitor, a member of a superannuation scheme, other than:    (i)   the scheme provided for in the 1990 Act; or    (ii)   a scheme to which contributions are made in respect of the person only in relation to performance pay; or    (iii)   a scheme of which the person is a member for top-up purposes only.”. _____________________________________________________ NOTES 1.   Notified in the Commonwealth of Australia Gazette on 31 July 1998. 2.   Statutory Rules 1995 No. 217 as amended by 1995 No. 233; 1996 Nos. 4 and 172; 1997 Nos. 71 and 324.