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.