Commonwealth Consolidated Acts

SUPERANNUATION ACT 1990 - SECT 5

  (1)   The Minister may, by signed instrument, amend the Trust Deed.

  (1A)   The Minister may not amend the Trust Deed unless:

  (a)   CSC has consented to the amendment; or

  (b)   the amendment:

  (i)   relates to a payment by an employer - sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or

  (ii)   relates solely to the termination of the PSS Fund; or

  (iii)   is made in circumstances covered by regulations made for the purposes of subparagraph   60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993 .

  (1B)   For the purposes of subparagraph   (1A)(b)(i), a payment under the Trust Deed or the Rules is taken to be a payment by an employer - sponsor referred to in that subparagraph.

  (2)   If compliance with a provision of the Trust Deed as amended under subsection   (1) would have the effect that the Public Sector Superannuation Scheme:

  (a)   would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 ; or

  (b)   would not comply with that Act;

that provision is invalid.