Superannuation (PSS) Membership Inclusion Declaration (Amendment) (Cth)

Statutory Rules 1998    No. 244¹

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Superannuation (PSS) Membership Inclusion Declaration² (Amendment)

I, JOHN JOSEPH FAHEY, Minister for Finance and Administration, make the following Declaration under paragraph 6 (1) (j) of the Superannuation Act 1990.

Dated 23 July 1998.

JOHN FAHEY
Minister for Finance and Administration

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1.   Commencement

1.1   This declaration is taken to have commenced on 1 June 1998.

2.   Amendment

2.1   The Superannuation (PSS) Membership Inclusion Declaration is amended as set out in this declaration.

3.   Clause 2 (Interpretation)

3.1   Subclause 2 (1):

Insert the following definition:

“AWB Limited means the company (ACN 081890459) that was established under the Corporations Law on 1 June 1998.”.

4.   Clause 3 (Persons to whom section 6 of the 1990 Act applies)

4.1   Subclause 3 (1):

Omit “and (8),”, substitute “, (8) and (9),”.

4.2   Add at the end:

“(9)   Section 6 of the 1990 Act ceases to apply to a person referred to in item 17 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 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 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)   if Commonwealth control of AWB Limited ceases — the last day on which AWB Limited is under Commonwealth control.”.

5.   Schedule (Persons to whom section 6 of the 1990 Act applies)

5.1   Add at the end:

“17        A person who:

(a)   became an employee of AWB Limited during the period from 1 June 1998 to 30 June 1999 (inclusive); and

(b)   immediately before becoming so employed, was a member employed by the Australian Wheat Board; and

(c)   is not, in relation to the person’s employment in AWB Limited, 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; and

(d) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.”.

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NOTES

1.   Notified in the Commonwealth of Australia Gazette on 31 July 1998.

2.   Statutory Rules 1995 No. 79 as amended by 1995 Nos. 88, 216 and 232; 1996 No. 296; 1997 Nos. 72 and 212; 1998 No. 95.