Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a relevant person who:
(a) is a person to whom Division 3 of Part IV of the Public Service Act applies;
(b) but for his being a relevant person, would not be an eligible employee; and
(c) either:
(i) makes, by notice in writing to the Commissioner or to a person authorized by the Commissioner for the purposes of this regulation, an election to cease to be a person to whom section 14A of the Act applies; or
(ii) without previously making an election of the kind referred to in subparagraph (i), becomes a member of a superannuation scheme applying in relation to his employment, other than:
(A) the scheme provided for by the Act; or
(B) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
is the expiration of the day immediately preceding the day on which the event referred to in paragraph (c) occurs.
(1A) For the purposes of sub-subparagraph (1) (c) (ii) (C), paragraphs (2) (b) and (4) (c) and subparagraphs (5) (c) (iii), (6) (b) (iii), (9) (c) (ii), (10) (c) (iii), (11) (c) (iii), (13) (b) (iii), (16) (c) (iii), (17) (b) (iii), (18) (b) (iii), (19) (b) (iii), (20) (b) (iii), (21) (b) (iii), (22) (b) (iii), (23) (b) (ii), (24) (b) (ii), (25) (b) (ii), (26) (b) (ii) and (27) (b) (ii), (28) (b) (ii) , (29) (b) (ii) and (30) (b) (ii), a person is taken to be a person to whom the relevant provision applies if he or she holds office or is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non-monetary form (which may be in the form of a top-up arrangement).
(2) The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a relevant person who:
(a) is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977 ; and
(b) becomes a member of a State superannuation scheme other than, in the case of a person to whom, under subregulation (1A), this paragraph applies, a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
is the expiration of the day immediately preceding the day on which he becomes a member of the State superannuation scheme.
(3) The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a person (other than a person to whom Division 2 of Part IV of the Public Service Act applies) included in the class of persons referred to in paragraph 3A (1) (b), (c) or (ca) is:
(a) the expiry of the day on which the person ceases to be an employee of, or the holder of a statutory office in, the Corporation referred to in the relevant paragraph; or
(b) the expiry of the day immediately preceding the day on which the person becomes a member of the relevant superannuation scheme in relation to that Corporation; or
(c) if the person is employed by, or holds a statutory office in, the Corporation referred to in that paragraph during a period of leave without pay from employment by the Commonwealth or an approved authority:
(i) the expiry of the day immediately preceding the day on which the person elects that section 14A is to cease to apply to him or her; or
(ii) the expiry of the day on which that period of leave without pay ends.
(4) For the purposes of paragraph (3) (b), the relevant superannuation scheme means, in relation to a person mentioned in that paragraph:
(a) in the case of the Australian Postal Corporation -- the Australia Post Superannuation Scheme; and
(b) in the case of the Australian and Overseas Telecommunications Corporation -- the Telecom Superannuation Scheme;
unless:
(c) the person is a person to whom, under subregulation (1A), this paragraph applies; and
(d) the scheme is a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
(5) Section 14A of the Act ceases to apply to a person mentioned in paragraph 3A (1) (f) at the end of the earliest of the following days:
(a) the day on which the person ceases to be an employee of ASP Ship Management; or
(b) the day immediately before the day on which the person becomes a casual, or temporary part-time, employee of ASP Ship Management; or
(c) the day immediately before the day on which the person becomes a member of a superannuation scheme, other than:
(i) the scheme constituted by the Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
applying to the person's employment by ASP Ship Management; or
(d) if Commonwealth control of ASP Ship Management ceases -- the later of:
(i) the day on which that control ceases; or
(ii) the day immediately before the day on which this paragraph commences.
(6) Section 14A of the Act ceases to apply to a person in the class of persons referred to in paragraph 3A (1) (g):
(a) at the end of the day on which the person ceases to be a person referred to in subparagraph 3A (1) (g) (iii); or
(b) at the end of the day that immediately precedes the day on which the person becomes a member of a superannuation scheme, other than:
(i) the scheme constituted by the Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
applying to the person's employment by the Dairy Research and Development Corporation;
whichever occurs first.
(7) Section 14A of the Act ceases to apply to a person mentioned in paragraph 3A (1) (h) at the end of:
(a) the day on which the person ceases to be eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving; or
(b) the day immediately before the person is required to be a member of the Superannuation (1990) Scheme while the person:
(i) is eligible to be paid a mobility allowance; or
(ii) would be eligible to be paid the allowance except for the amount of income that he or she is receiving;
whichever occurs first.
(8) Section 14A of the Act ceases to apply to the class of persons mentioned in paragraph 3A (1) (j) at the end of the day immediately before the 50% sale day.
(9) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (k) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of the New South Wales Red Cross Blood Transfusion Service in its National Blood Group Reference Laboratory;
(b) the day immediately before the day on which the person becomes a casual or temporary part-time employee of that Service in its National Blood Group Reference Laboratory;
(c) the day immediately before the day on which the person becomes a member of a superannuation scheme applying to the person's employment by that Service, other than:
(i) the scheme provided for under the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(d) if that Service terminates its arrangements to make payments under section 159 of the Act in respect of the person -- the last day to which the payments so made relate;
(e) if the Commonwealth ceases to provide financial assistance, under arrangements made with The Australian Red Cross Society New South Wales Division, for the administration of the National Blood Group Reference Laboratory -- the last day to which the financial assistance relates.
(10) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (l) 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 Meat Technology Pty Limited (in this subregulation called AMT );
(b) the day immediately before the day on which the person becomes a casual or temporary part-time employee of AMT;
(c) the day immediately before the day on which the person becomes a member of a superannuation scheme applying to that person's employment by AMT, other than:
(i) the scheme provided for under the Act; or
(ii) a superannuation scheme to which contributions are made only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(d) if Commonwealth control of AMT ceases -- the last day on which Commonwealth control of AMT continued.
(11) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (m) 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 Information Media Pty Limited (in this subregulation called AIM );
(b) the day immediately before the day on which the person becomes a casual or temporary part-time employee of AIM;
(c) the day immediately before the day on which the person becomes a member of a superannuation scheme applying to that person's employment by AIM, other than:
(i) the scheme provided for under the Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(d) if Commonwealth control of AIM ceases -- the last day on which Commonwealth control of AIM continued.
(12) If:
(a) a person is a person to whom section 14A of the Act applies; and
(b) under the SIS Act, any of the person's benefits provided for in the Act become compulsorily payable to the person;
section 14A of the Act ceases to apply to the person at the end of the day immediately before the day on which the benefits become so payable.
(13) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (n) at the end of the day specified in whichever of the following paragraphs applies or first applies to the person:
(a) subject to subregulation (14), the day on which the person ceases to be relevantly employed for the purposes of that paragraph; or
(b) the day immediately preceding the day on which the person becomes a member of a superannuation scheme applying to the person's employment as a person who is so employed, other than:
(i) the scheme provided for under the Act; or
(ii) a superannuation scheme to which contributions are made only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; or
(c) if the company by which the person is relevantly employed for the purposes of paragraph 3A (1) (n) ceases to be under Commonwealth control -- the last day on which the company is under Commonwealth control.
(14) A person is not taken to cease to be relevantly employed for the purposes of paragraph 3A (1) (n) if:
(a) he or she ceases to be employed either by Avalon Airport Geelong Pty Ltd. or by ASTAAS Pty Ltd and immediately afterwards becomes employed (otherwise than as a casual employee or a temporary part-time employee) by the other; and
(b) on the day on which he or she so becomes employed, the company by which he or she is then employed is under Commonwealth control.
(15) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (o) at the end of the day on which ACT Government control of ACTTAB Limited ceases.
(16) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (p) at the end of the first occurring of the following days:
(a) 31 December 1996 ;
(b) the day on which the person ceases to be an employee of the Nuclear Safety Bureau (in this subregulation called NSB );
(c) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by NSB, other than:
(i) the scheme provided for by the Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.
(17) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (q) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of the Australian Law Reform Commission (in this subregulation called ALRC );
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by ALRC, other than:
(i) the scheme provided for in the Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top - up purposes.
(18) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (r) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Medibank;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by Medibank, other than:
(i) the scheme provided for in the Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top - up purposes;
(c) if Commonwealth control of Medibank ceases -- the last day on which Medibank is under Commonwealth control.
(19) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (s) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Employment National (Administration) Pty Ltd;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by Employment National (Administration) Pty Ltd, other than:
(i) the scheme provided for in the Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top - up purposes;
(c) if Commonwealth control of Employment National (Administration) Pty Ltd ceases -- the last day on which Employment National (Administration) Pty Ltd is under Commonwealth control.
(20) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (t) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of AWB Limited;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by AWB Limited, other than:
(i) the scheme provided for in the Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top - up purposes;
(c) if Commonwealth control of AWB Limited ceases -- the last day on which AWB Limited is under Commonwealth control.
(21) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (u) at the end of the earlier of the following days:
(a) the day on which the employee ceases to be an employee of the Northern Territory Legal Aid Commission;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by the Northern Territory Legal Aid Commission, other than:
(i) the scheme provided for by the Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) for a person to whom this subparagraph applies because of subregulation (1A) -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top - up purposes.
(22) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (v) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of the Australian Government Solicitor;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by the Australian Government Solicitor, other than:
(i) the scheme provided for in the Act; or
(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which the Australian Government Solicitor ceases to be a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997 .
(23) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (w) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Sydney Airports Corporation Ltd;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by Sydney Airports Corporation Ltd, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which Sydney Airports Corporation Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997 .
(24) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (x) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Bankstown Airport Ltd;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by Bankstown Airport Ltd, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which the Commonwealth ceases to have a controlling interest (whether through Sydney Airports Corporation Ltd or otherwise) in Bankstown Airport Ltd.
(25) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (y) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Essendon Airport Ltd;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by Essendon Airport Ltd, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which Essendon Airport Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997 .
(26) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (z) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of Sydney Harbour Federation Trust;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by Sydney Harbour Federation Trust, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which Sydney Harbour Federation Trust ceases to be a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997 .
(27) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (za) 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 a superannuation scheme that applies to that person's employment by Snowy Hydro Limited, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(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 to the Commonwealth in respect of benefits that are payable under the Act to, or in respect of, the person cease to be made by Snowy Hydro Limited -- the last day to which the last of those payments relates;
(e) if payments to the Commonwealth in respect of the costs of the administration of the Act cease to be made by Snowy Hydro Limited -- the last day to which the last of those payments relates.
(28) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zb) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of ATP Ltd;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by ATP Ltd, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) if Commonwealth control of ATP Ltd ceases -- the last day on which ATP Ltd ceases to be under Commonwealth control.
(29) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zc) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of ASPI Ltd;
(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by ASPI Ltd, other than:
(i) the scheme provided for in the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
(c) the day on which ASPI Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997 .
(30) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zd) at the end of the first occurring of the following days:
(a) the day on which the person ceases to be an employee of the CSS/PSS Board; or
(b) the day immediately before the day on which the person becomes a casual or temporary part-time employee of the CSS/PSS Board; or
(c) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person's employment by the CSS/PSS Board, other than:
(i) the scheme provided for by the Act; or
(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies -- a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.