Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 1) (Cth)

Text Schedule 1 Amendments taken to have commenced on 1 July 2001 Schedule 2 Amendments taken to have commenced on 20 September 2001 Schedule 3 Amendments taken to have commenced on 7 November 2001 Schedule 4 Amendments commencing on gazettal

Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 1)1 Statutory Rules 2002 No. 952 I, NICHOLAS HUGH MINCHIN, Minister for Finance and Administration, make the following Declaration under paragraph 6 (1) (j) of the Superannuation Act 1990. Dated 23 April 2002 NICK MINCHIN Minister for Finance and Administration Contents    1  Name of Declaration   2    2  Commencement   2    3  Amendment of Superannuation (PSS) Membership Inclusion Declaration 2 Schedule 1           Amendments taken to have commenced on 1 July 2001 3 Schedule 2           Amendments taken to have commenced on 20 September 2001     5 Schedule 3           Amendments taken to have commenced on 7 November 2001        6 Schedule 4           Amendments commencing on gazettal   8 1              Name of Declaration                 This Declaration is the Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 1). 2              Commencement                 This Declaration commences, or is taken to have commenced, as follows:                  (a)     on 1 July 2001 — sections 1 to 3, and Schedule 1;                 (b)     on 20 September 2001 — Schedule 2;                  (c)     on 7 November 2001 — Schedule 3;                 (d)     on gazettal — Schedule 4. 3              Amendment of Superannuation (PSS) Membership Inclusion Declaration          (1)   Schedules 1, 3 and 4 amend the Superannuation (PSS) Membership Inclusion Declaration. (2) Schedule 2 amends the Superannuation (PSS) Membership Inclusion Declaration, as amended by the Superannuation (PSS) Membership Inclusion Amendment Declaration 2001 (No. 1). Schedule 1        Amendments taken to have commenced on 1 July 2001 (section 3) [1]           Subclause 3 (1) after (10), insert and (12), [2]           After subclause 3 (10) insert        (12)   Section 6 of the 1990 Act ceases to apply to a person referred to in item 20 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 Australian Training Products Limited (ATP Ltd);                (b)    the day immediately before the day on which the person becomes a member of an alternative superannuation scheme in relation to the person’s employment with ATP Ltd;                 (c)    if Commonwealth control of ATP Ltd ceases — the day on which ATP Ltd ceases to be under Commonwealth control. [3]           Schedule, after item 18 insert 20 A person who:    (a)  became, or becomes, an employee of Australian Training Products Limited (ATP Ltd) on or after 1 July 2001; and    (b)  immediately before becoming so employed, was a member of the Public Sector Superannuation Scheme employed by the Australian National Training Authority; and    (c)  is not, in relation to the person’s employment with ATP Ltd, a member of an alternate superannuation scheme. Schedule 2        Amendments taken to have commenced on 20 September 2001 (section 3) [1]           Subclause 3 (11) omit item 20 insert item 19 [2]           Schedule, item (a) 19 substitute 19 A person who:    (a)  immediately before commencing employment with the Sydney Harbour Federation Trust (the Trust) was:          (i)   a member of the Public Sector Superannuation Scheme; or         (ii)   a person who had a preserved benefit under the Rules; and    (b)  is not, in relation to employment with the Trust, a member of an alternative superannuation scheme. Schedule 3        Amendments taken to have commenced on 7 November 2001 (section 3) [1]           Subclause 3 (1) omit (10) and (11), and (12), insert (10), (11), (12) and (13), [2]           After subclause 3 (12) insert        (13)   Section 6 of the 1990 Act ceases to apply to a person referred to in item 21 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 Australian Strategic Policy Institute Limited (ASPI Ltd);                (b)    the day immediately before the day on which the person becomes a member of an alternative superannuation scheme in relation to the person’s employment by ASPI Ltd;                 (c)    the day on which ASPI Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997. [3]           Schedule, after item 20 insert 21 A person who:    (a)  became, or becomes, an employee of the Australian Strategic Policy Institute Limited (ASPI Ltd) on or after 7 November 2001; and    (b)  is either:          (i)   a person who immediately before becoming so employed was a member of the Public Sector Superannuation Scheme; or         (ii)   a person who had preserved benefits under the 1990 Act immediately before becoming so employed; and    (c)  is not, in relation to the person’s employment with ASPI Ltd, a member of an alternative superannuation scheme. Schedule 4        Amendments commencing on gazettal (section 3) [1]           Clause 1 substitute 1              Name of Declaration                 This Declaration is the Superannuation (PSS) Membership Inclusion Declaration 1995. [2]           Subclause 2 (1), after definition of productivity benefits insert SMHEA corporatisation date means the date on which section 59 of the Snowy Hydro Corporatisation Act 1997 commences. [3]           Subclause 3 (1) omit subclauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) and (13), insert this clause [4]           After subclause 3 (13) insert        (14)   Subclause (15) applies on and after the SMHEA corporatisation date.        (15)   Section 6 of the 1990 Act ceases to apply to a person referred to in item 22 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 Snowy Hydro Limited;                (b)    the day immediately before the day on which the person becomes a member of an alternative superannuation scheme in relation to the person’s employment by Snowy Hydro Limited;                 (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 in respect of benefits for members of the Public Sector Superannuation Scheme who are employed by Snowy Hydro Limited cease to be made by Snowy Hydro Limited — the last day to which the last of those payments relates;                 (e)    if payments in respect of administration costs for members of the Public Sector Superannuation Scheme who are employed by Snowy Hydro Limited cease to be made by Snowy Hydro Limited — the last day to which the last of those payments relates. [5]           Schedule, heading substitute Schedule 1        Persons to whom section 6 of the 1990 Act applies (clause 3) [6]           Schedule, paragraph 13 (b), second occurring renumber as paragraph (ba) [7]           Schedule, after item 21 insert 22 After the SMHEA corporatisation date, a person who:    (a)  is, at a time after that date, an employee of Snowy Hydro Limited; and    (b)  immediately before that date, was a member of the Public Sector Superannuation Scheme employed by the Snowy Mountains Hydro-electric Authority; and    (c)  on that date, became an employee of Snowy Hydro Limited; and    (d)  is not, in relation to the person’s employment with Snowy Hydro Limited, a member of an alternative superannuation scheme. Notes 1.       This Declaration amends Statutory Rules 1995 No. 79, as amended by 1995 Nos. 88, 216 and 232; 1996 No. 296; 1997 Nos. 72 and 212; 1998 Nos. 95 and 244; 1999 No. 169; 2001 No. 231. 2.       Notified in the Commonwealth of Australia Gazette on 9 May 2002.