Superannuation (PSSAP) Membership Eligibility (Exclusion) Declaration 20051
I, NICK MINCHIN, Minister for Finance and Administration, make the following Declaration under paragraph 13 (2) (h) 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 (Exclusion) Declaration 2005. 2              Commencement This Declaration commences on 1 July 2005. 3              Definitions In this Declaration:
2005 Act
means the Superannuation Act 2005.
1995 Exclusion Declaration
means the Superannuation (PSS) Membership Exclusion Declaration 1995 as in force at 1 July 2005 .
approved authority
has the same meaning as in the 2005 Act.
Board
has the same meaning as in the 2005 Act.
Federal Magistrate
has the same meaning as in the Federal Magistrates Act 1999.
ordinary employer-sponsored member
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.
public sector employee
has the same meaning as in the 2005 Act.
4              Persons not eligible to become PSSAP members under Section 13 of the 2005 Act (1)       A person listed in Schedule 1 is not eligible to become a PSSAP member.

Schedule 1        Persons not eligible to become PSSAP members (section 4)   [1]                       A person, in respect of particular employment or holding a particular office, who: (a)       if they became a PSSAP member, would not become an ordinary employer-sponsored member; or (b)       in respect of whom, if the person is not an ordinary-employer sponsored member and if the person was to become an ordinary employer-sponsored member, the Superannuation Industry (Supervision) Act 1993 would prevent the PSSAP from accepting contributions made by an employer. [2]                       A person: (a)       holding a particular statutory office and the person’s current term of appointment to that office included a day in the financial year ending on 30 June 2005; or (b)       employed in respect of particular employment which is for a fixed term and the term included a day in the financial year ending on 30 June 2005; or (c)       employed in respect of particular employment which is not for a fixed term and their period of employment included a day in the financial year ending on 30 June 2005. [3]                       A person: (a)       who is employed by an approved authority; and (b)       meets the requirements set out in paragraph (b) of item 3 of the Schedule of the 1995 Exclusion Declaration; and [4]                       A person: (a)       who holds a statutory office; and (b)       meets the requirements set out in paragraphs (b) and (c) of item 4 of the Schedule of the 1995 Exclusion Declaration. [5]                       A person: (a)       who is a public sector employee; and (b)       meets the requirements set out in paragraphs (b), (c) and (d) of item 8 of the Schedule of the 1995 Exclusion Declaration. [6]                       A person who is a member of the Legislative Assembly for the Australian Capital Territory. [7]                       A person who holds a statutory office under any of the following Acts: (a)       Air Services Act 1995; (b)       Australian National University Act 1991; (c)       Australian Postal Corporation Act 1989; and (d)       Maritime College Act 1978. [8]                       A person who holds a statutory office under University of Canberra Act 1989 of the Australian Capital Territory. [9]                       A person who holds a statutory office under a law of the Northern Territory of Australia. [10]                   A person who is a Federal Magistrate. [11]                   A person who commences in employment with ACTEW Corporation Limited other than a person who: (a)        commenced that employment on or after 1 July 2005; and (b)       immediately before commencing that employment was an ordinary employer-sponsored member; and (c)        does not ask, in writing, within 28 days after commencing that employment, not to be treated as an ordinary employer-sponsored 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.