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Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005

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Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration  20051
I, NICK MINCHIN, Minister for Finance and Administration, make the following Declaration under paragraph 13 (1) (b) of the Superannuation Act 2005. Dated 29 June 2005 NICK MINCHIN Minister for Finance and Administration
 
1              Name of Declaration                 This Declaration is the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration  2005. 2              Commencement                 This Declaration commences on 1 July 2005. 3              Definitions In this Declaration:
1990 Act
means the Superannuation Act 1990.
1995 Inclusion Declaration
means the Superannuation (PSS) Membership Inclusion Declaration 1995 as in force at 1 July 2005.
2005 Act
means the Superannuation Act 2005.
Board
has the same meaning as in the 2005 Act.
ordinary employer-sponsored member
has the same meaning as in the 2005 Act.
PSS
has the same meaning as in the 2005 Act.
PSSAP
means the Public Sector Superannuation Accumulation Plan established by Trust Deed in accordance with section 10 of the 2005 Act.
PSSAP member
has the same meaning as in the Trust Deed made under section 10 of the 2005 Act.
4              Persons eligible to become PSSAP members under Section 13 of the 2005 Act (1)                       Subject to subsection (2), a person listed in Schedule 1 is eligible to become a PSSAP member. (2)                       Subsection (1) will cease to apply to a person referred to: (a)                        in item [3] of the Schedule, when the controlling interest in ACTTAB Limited is no longer held in accordance with subsection 3(4) of the 1995 Inclusion Declaration; and (b)                       in item [4] of the Schedule, at the end of the first occurring of the events listed in subsection 3(7) of the 1995 Inclusion Declaration; and (c)                        in item [5] of the Schedule, at the end of the first occurring of the events listed in subsection 3(10) of the 1995 Inclusion Declaration; and (d)                       in item [6] of the Schedule, at the end of the first occurring of the events listed in subsection 3(11) of the 1995 Inclusion Declaration; and (e)                        in item [7] of the Schedule, at the end of the first occurring of the events listed in subsection 3(12) of the 1995 Inclusion Declaration; and (f)                         in item [8] of the Schedule, at the end of the first occurring of the events listed in subsection 3(13) of the 1995 Inclusion Declaration; and (g)                        in item [9] of the Schedule, at the end of the first occurring of the events listed in subsection 3(16) of the 1995 Inclusion Declaration.  
Schedule 1        Persons eligible to become PSSAP members (section 4)   [1]                     A person who: (a)                  becomes an employee under subsection 120(3) of the Australian Securities and Investments Commission Act 2001 on or after 1 July 2005; and (b)                 holds office as a Regional Commissioner under section 96 of that Act; and (c)                 has elected in writing in a form approved by the Board to be eligible to be a PSSAP member. [2]                     A person who: (a)                  becomes an employee of the Northern Land Council (Council) on or after 1 July 2005; and (b)                 meets the requirements set out in paragraph (c) and, if applicable, paragraph (d) of item 4 of the 1995 Inclusion Declaration; and (c)                  immediately before last becoming an employee of the Council, was an ordinary employer-sponsored member in respect of other employment. [3]                     A person who: (a)                  becomes an employee of ACTTAB Limited on or after 1 July 2005; and (b)                 meets the requirements set out in sub paragraph (b)(ii), if applicable, and paragraph (c) of item 11 of the 1995 Inclusion Declaration; and (c)                  immediately before last becoming an employee of ACTTAB Limited, was an ordinary employer-sponsored member in respect of other employment. [4]                     A person who: (a)                  becomes an employee of Medibank, within the meaning of the 1995 Inclusion Declaration, on or after 1 July 2005; and (b)                 meets the requirements set out in paragraph (c) and, if applicable, paragraph (d) of item 15 of the 1995 Inclusion Declaration; and (c)                  immediately before becoming an employee of Medibank, was a PSSAP member. [5]                     A person who: (a)                  becomes an employee of the Australian Government Solicitor on or after 1 July 2005; and (b)                 meets the requirements set out in paragraphs (a) and (c) of item 18 of the 1995 Inclusion Declaration; and (c)                  immediately before last becoming an employee of the Australian Government Solicitor, was an ordinary employer-sponsored member in respect of other employment. [6]                     A person who: (a)                  becomes an employee of the Sydney Harbour Federation Trust (the Trust) on or after 1 July 2005; and (b)                 meets the requirements set out in paragraph (b) of item 19 of the 1995 Inclusion Declaration; and (c)                  immediately before last becoming an employee of the Trust, was a PSSAP member. [7]                     A person who: (a)                  becomes an employee of Australian Training Products Limited (ATP Ltd) on or after 1 July 2005; and (b)                 meets the requirements set out in paragraphs (a) and (c) of item 20 of the 1995 Inclusion Declaration; and (c)                  immediately before becoming such an employee of ATP Ltd, was an ordinary employer-sponsored member in respect of employment with the Australian National Training Authority. [8]                     A person who: (a)                  becomes an employee of the Australian Strategic Policy Institute Limited (ASPI Ltd) on or after 1 July 2005; and (b)                 meets the requirements set out in paragraphs (a) and (c) of item 21 of the 1995 Inclusion Declaration; and (c)                  immediately before becoming such an employee of ASPI Ltd, was a PSSAP member. [9]                     A person who: (a)                  becomes an employee of the PSS/CSS Board on or after 1 July 2005; and (b)                 either: (i)                  is employed by the PSS/CSS Board on a permanent basis and immediately before becoming so employed was an ordinary employer-sponsored member in respect of other employment; or (ii)                immediately before becoming so employed, was a PSSAP member but was not an ordinary employer-sponsored member in respect of other employment and the person made an election in a form approved by the Board to be eligible to be a PSSAP member in relation to the person’s employment with the PSS/CSS Board; or (iii)               is in non-permanent employment with the PSS/CSS Board and the person made an election in a form approved by the Board to be eligible to be a PSSAP member.   Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.