Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005

Administered by Department of Finance

Legislation au F2005L04211 In force Legislative Instrument

Legislation content

Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005

made under paragraph 8(2)(b) of the

Superannuation Act 2005

Compilation No. 5

Compilation date: 6 March 2025

Includes amendments: F2025L00293

About this compilation

This compilation

This is a compilation of the Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005 that shows the text of the law as amended and in force on 6 March 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Declaration

3 Definitions

4 Authorities or bodies specified for the purposes of paragraph 8 (2) (b) of the 2005 Act

Schedule 1—Authorities and bodies specified for the purposes of paragraph 8 (2) (b) of the 2005 Act

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name of Declaration

  This Declaration is the Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005.

3  Definitions

  In this Declaration:

 

approved authority

has the same meaning as in the 2005 Act.

2005 Act

means the Superannuation Act 2005.

 

4  Authorities or bodies specified for the purposes of paragraph 8 (2) (b) of the 2005 Act

 (1) An authority or body listed in Schedule 1 is specified for the purposes of the paragraph 8 (2) (b) of the 2005 Act and therefore is not an approved authority for the purposes of the 2005 Act.

Schedule 1—Authorities and bodies specified for the purposes of paragraph 8 (2) (b) of the 2005 Act

(section 4)

 

Australian Capital Territory

Aboriginal Hostels Limited

Adelaide Symphony Orchestra Pty Ltd (ACN 079 016 738)

Australian Fisheries Management Authority

Calvary Health Care ACT Limited

Health Services Australia Limited (ACN 078934791)

Melbourne Symphony Orchestra Pty Ltd (ACN 078 925 658)

Queensland Symphony Orchestra Pty Ltd (ACN 094 916 444)

Sport Integrity Australia

Sydney Symphony Orchestra Holdings Pty Limited (ACN 072 864 067)

Tasmanian Symphony Orchestra Pty Limited (ACN 088 230 184)

West Australian Symphony Orchestra Pty Ltd (ACN 081 230 284)

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005

20 Dec 2005 (F2005L04211)

21 Dec 2005 (s 2)

 

Superannuation (PSSAP) Approved Authority Exclusion Amendment Declaration 2006

5 Oct 2006 (F2006L03287)

6 Oct 2006 (s 2)

—

Superannuation (PSSAP) Approved Authority Exclusion Amendment Declaration 2008

15 Apr 2008 (F2008L01088)

16 Apr 2008 (s 2)

—

Superannuation (PSSAP) Approved Authority Exclusion Amendment Declaration 2009 (No. 1)

23 Mar 2009 (F2009L01154)

1 Apr 2009 (s 2)

—

Superannuation Legislation (CSS, PSS and PSSAP Membership) Amendment Declaration 2025

4 Mar 2025 (F2025L00283)

Sch 1 (item 22): 5 Mar 2025 (s 2(1) item 1)

—

Superannuation Legislation (CSS, PSS and PSSAP Membership) (ACT and NT Government Bodies) Amendment Declaration 2025

5 Mar 2025 (F2025L00293)

Sch 1 (item 15): 6 Mar 2025 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

Schedule 1

 

Schedule 1................

rs F2006L03287; F2008L01088

 

am F2009L01154; F2025L00283; F2025L00293

 

 

Overview

The Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005 was enacted to address the need for specific exclusions in the membership of certain authorities or bodies from the definition of "approved authority" under the Superannuation Act 2005. This legislative instrument was made under the authority of the Commonwealth Parliament to specify certain authorities or bodies that are not considered approved authorities for the purposes of the 2005 Act. The primary objective of this Declaration is to ensure that the designated authorities or bodies are excluded from the definition of "approved authority" as stipulated in the Superannuation Act 2005. This exclusion is necessary to clarify the scope and application of the Act and to prevent unintended inclusions that may affect the administration and regulation of superannuation funds. The Declaration, which was registered on 20 December 2005 and commenced on 21 December 2005, specifies certain authorities or bodies listed in Schedule 1 that are not approved authorities for the purposes of the 2005 Act. These bodies include various cultural, health, and sports organisations across different states and territories of Australia. The inclusion of these entities in the Declaration ensures that they are explicitly excluded from the definition of "approved authority," thereby clarifying the scope of the Act and avoiding potential ambiguities or unintended consequences in the administration of superannuation funds.

Scope and Application

The Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005 applies to specified authorities or bodies that are listed in Schedule 1 of the Declaration. These entities, which include various orchestras, health care providers, and other organisations, are excluded from being considered as approved authorities under the Superannuation Act 2005. This exclusion pertains to their eligibility for certain superannuation arrangements, specifically those outlined in the Public Sector Superannuation Scheme (PSS) and the Public Sector Superannuation Accumulation Plan (PSSAP). The Declaration operates within the jurisdiction of the Commonwealth of Australia, impacting entities that are involved in activities governed by the Superannuation Act 2005. It is important to note that any future amendments to the Declaration are accessible through the legislative register, although they may not be reflected in this compilation until they are formally commenced. The application of the Declaration is further refined through subordinate instruments, which can include additional specifications and modifications to the entities listed in Schedule 1.

Key Provisions

The Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005 (section 4) specifies a list of authorities and bodies that are excluded from being considered as approved authorities under the Superannuation Act 2005. This means that these entities do not qualify as approved authorities for the purposes of the Act. The listed bodies include various organisations such as Aboriginal Hostels Limited, the Adelaide Symphony Orchestra Pty Ltd, and multiple symphony orchestras from different states, among others. Under this legislation, any authority or body specified in Schedule 1 is not an approved authority for the purposes of the Superannuation Act 2005. This exclusion is explicitly stated in section 4(1) of the Declaration, which references the authorities and bodies listed in Schedule 1. The obligation on these entities is to comply with the stipulations that they are not approved authorities, which means they do not have the authority to make decisions or hold certain roles within the superannuation framework governed by the Act. Failure to comply with the provisions of this Declaration can lead to civil or criminal consequences, depending on the nature and severity of the breach. The specific penalties for breaching the terms of the Superannuation Act 2005 are not detailed within this Declaration but would be found in the primary Act itself. Generally, breaches of superannuation legislation can attract significant fines and, in some cases, imprisonment. The exact penalties would depend on the specific provisions of the Superannuation Act 2005 and the circumstances of the breach.

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Superannuation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.