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SUPERANNUATION (PSS) MEMBERSHIP INCLUSION AMENDMENT DECLARATION 2002 (NO. 2) 2002 NO. 96

STATUTORY RULES 2002 No. 96

Issued by the authority of the Minister for, Finance and Administration

Superannuation Act 1990

Declaration under paragraph 6(1)(j)

The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to the Public Sector Superannuation Scheme (PSS) for Commonwealth employees and for certain other persons.

Section 6 of the 1990 Act specifies the persons who are, or who may be, members of the PSS. In accordance with paragraph 6(1)(j), a person declared by the Minister for Finance and Administration to be a person to whom section 6 applies is a PSS member. Declarations made under paragraph 6(1)(j) are contained in the Superannuation (PSS) Membership Inclusion Declaration (the Principal Declaration).

Section 45 of the 1990 Act provides that a declaration made under paragraph 6(1)(j) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 and a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903.

The Superannuation (PSS) Membership Inclusion Amendment Declaration 2001 (No. 1) (the amending Declaration SR No. 230 of 2001) amended the Principal Declaration with the intention, among other things, of providing PSS membership for employees of the Snowy Mountains Hydro-electricity Authority (SMHEA) after they are transferred to employment with Snowy Hydro Limited (SHL).

The purpose of the Declaration contained in the Statutory Rule and cited as the Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 2) (the proposed Declaration) is to amend the amending Declaration in order to ensure that it has the intended effect.

Schedule 2 of the amending Declaration provided PSS membership for certain employees of the SHL on the date of corporatisation of SMHEA. Some of the provisions in that Schedule were misdirected. As SMHEA has not yet been corporatised the misdirected amendments have not had any unintended consequences. Membership of the PSS for those persons will be provided by a new instrument made under paragraph 6(1)(j) of the 1990 Act the Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 2) and Schedule 2 of the amending Declaration is omitted by this Declaration in order to allow the provisions of the new instrument to take effect on corporatisation.

This Declaration takes effect from gazettal.

Details of the Declaration are explained in the Attachment.

ATTACHMENT

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION AMENDMENT DECLARATION 2002 (NO. 2)

Clause 1

This clause provides that the name of the Declaration is the Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 2).

Clause 2

This clause provides for the commencement of the Declaration on gazettal.

Clause 3

This clause provides that Schedule 1 amends the Superannuation (PSS) Membership Inclusion Amendment Declaration 2001 (No. 1).

Schedule 1

Schedule 1 omits Schedule 2 to the Superannuation (PSS) Membership Inclusion Amendment Declaration 2001 (No. 1).