{"id":"nsw:act-1992-100","name":"Aware Super Act 1992","slug":"aware-super-act-1992","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"100 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106245,"registerId":"nsw-act-1992-100-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Aware Super Act 1992](/view/html/inforce/current/act-1992-100).\n> \n> **s 1:** Am 2022 No 29, Sch 2.1\\[1\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.\n> \n> **s 2:** Am 2005 No 91, Sch 2.1 \\[2\\].","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The Dictionary at the end of this Act contains definitions of words and expressions used in this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “salary or wages”","content":"#### 4 Meaning of “salary or wages”\n\n4 Meaning of “salary or wages”\n\n> > (1) For the purposes of this Act, the salary or wages of an employee is—\n> > \n> > > (a) in the case of an employee who is not an executive officer, the total of—\n> > > \n> > > > (i) earnings in respect of ordinary hours of work, and\n> > > \n> > > > (ii) earnings consisting of over-award payments, shift-loading or commission, and\n> > > \n> > > > (iii) allowances and other payments of a kind prescribed by the regulations for the purposes of this subsection, and\n> > > \n> > > > (iv) if employment benefits of a kind prescribed by the regulations for the purposes of this subsection are provided to the employee, the cost of providing the employment benefits, or\n> > \n> > > (b) in the case of an employee who is an executive officer, the salary or wages as last nominated or changed in accordance with this section.\n> \n> > (1A) A regulation made for the purposes of subsection (1) (a) (iii) or (iv)—\n> > \n> > > (a) may only be made with the concurrence of the Treasurer, and\n> > \n> > > (b) may apply to all employees who are not executive officers, or to specified employees or classes of employees who are not executive officers.\n> \n> > (2) An amount of salary or wages for the purposes of this Act must be nominated to the employer of an employee who is an executive officer by the employee on, or as soon as practicable after, becoming an employee or being appointed as an executive officer (whichever occurs first). An amount may also be nominated to the employer by the employee on, or as soon as practicable after, being reappointed, or appointed to another position, as an employee.\n> \n> > (3) The amount nominated is to be not less than—\n> > \n> > > (a) the monetary remuneration payable to the employee at the date of nomination, or\n> > \n> > > (b) the maximum contribution base, within the meaning of the [Superannuation Guarantee (Administration) Act 1992](http://www.legislation.gov.au/) of the Commonwealth, applicable at that time,\n> > \n> > whichever is the lower.\n> \n> > (4) The amount nominated is to be not more than the total value of the remuneration package paid to the employee (less the cost of providing employer’s contributions to superannuation and any performance-related incentive payment), expressed as an annual rate.\n> \n> > (5) If the employee fails to nominate an amount of salary or wages within 28 days after first becoming an employee or being appointed as an executive officer (whichever occurs first) or within such further period as the trustee may allow, the employee is taken to have nominated an amount of salary or wages that is equal to the monetary remuneration payable to the employee at the end of the applicable period.\n> \n> > (6) An employee who is an executive officer may, from time to time, by notice to the employee’s employer elect to reduce the amount of salary or wages nominated under this section, but not so that the amount is less than the monetary remuneration payable to the employee at the date of the election.\n> \n> > (7) An employee who is an executive officer may, from time to time, by notice to the employee’s employer elect to increase the amount of salary or wages nominated under this section, but not so as to increase the amount nominated by a percentage of that amount that is more than the percentage by which the remuneration package of the employee has increased since the amount of the salary or wages was last nominated or changed.\n> \n> > (8) An employer must notify the trustee of a nomination or election under this section. Any such nomination or election takes effect on the date of notification to the trustee or on such other date as the trustee may determine with the consent of the employee concerned.\n> \n> > (9) Nothing in this section requires the nominated amount of salary or wages to be increased if, because of a variation in the remuneration package of an employee or in the proportions of the remuneration package comprising monetary remuneration and employment benefits of the employee, the amount of salary or wages as last nominated or changed for the purposes of this section is less than the monetary remuneration of the employee.\n> \n> > (10) In this section—\n> > \n> > employment benefit means a benefit provided to an employee at the cost of the employee’s employer (being a benefit of a private nature).\n> > \n> > trustee means the trustee of the superannuation scheme or approved deposit fund, or the provider of the retirement savings account, to which the compulsory employer superannuation contributions are payable.\n> \n> **s 4 (previously s 3A):** Renumbered 2005 No 91, Sch 2.1 \\[10\\]. Am 2005 No 91, Sch 2.1 \\[3\\]–\\[9\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"#### 5 Notes\n\n5 Notes\n\n> Matter appearing under the heading “Note” does not form part of this Act.\n> \n> **s 5 (previously s 4):** Renumbered 2005 No 91, Sch 2.1 \\[10\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Compulsory employer superannuation contributions","content":"# Part 2 Compulsory employer superannuation contributions\n\nPart 2 Compulsory employer superannuation contributions\n\n**pt 2:** Ins 2005 No 91, Sch 2.1 \\[11\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Employers to whom Act applies","content":"#### 6 Employers to whom Act applies\n\n6 Employers to whom Act applies\n\n> > (1) The employers to whom this Act applies are—\n> > \n> > > (a) the Crown, the Government or a Minister or other member of Parliament, and\n> > \n> > > (b) the authorities specified in Schedule 1.\n> \n> > (2) Members of the NSW Police Force are, for the purposes of this Act, taken to be employed in the NSW Police Force by the Crown.\n> \n> > (3) An employee who is employed by the Crown, the Government or a Minister or other member of Parliament is, for the purposes of this Act, taken to be employed by the person or organisation prescribed by the regulations for the purposes of this section.\n> \n> **s 6:** Ins 2005 No 91, Sch 2.1 \\[11\\]. Am 2006 No 94, Sch 3.13; 2013 No 41, Sch 3.1.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Employers may be changed","content":"#### 7 Employers may be changed\n\n7 Employers may be changed\n\n> > (1) The Governor may, by order published on the NSW legislation website, amend Schedule 1.\n> \n> > (2) An order under this section, and any order revoking or varying such an order, may be made—\n> > \n> > > (a) to take effect on and from a day specified in the order, whether or not the day is earlier than the day of publication of the order, and\n> > \n> > > (b) to effect the amendment to which it relates with such limitations as are specified in the amendment.\n> \n> **s 7:** Ins 2005 No 91, Sch 2.1 \\[11\\]. Am 2009 No 56, Sch 4.20.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Compulsory employer superannuation contributions","content":"#### 8 Compulsory employer superannuation contributions\n\n8 Compulsory employer superannuation contributions\n\n> > (1) An employer must make, for each employee (other than an excluded employee), a superannuation contribution equivalent to the salary contribution percentage for the employee for each financial year, or part, for which the employee is an employee.\n> \n> > (2) The salary contribution percentage for a person, in relation to a financial year referred to in Column 1 in the table to this subsection, is the percentage of the salary or wages of the person specified in Column 2 for that financial year.\n> > \n> > | Column 1Year | Column 2Percentage |\n> > | Year starting on 1 July 2013 | 9.25 |\n> > | Year starting on 1 July 2014 | 9.5 |\n> > | Year starting on 1 July 2015 | 10 |\n> > | Year starting on 1 July 2016 | 10.5 |\n> > | Year starting on 1 July 2017 | 11 |\n> > | Year starting on 1 July 2018 | 11.5 |\n> > | Year starting on or after 1 July 2019 | 12 |\n> \n> > (2A) The regulations may prescribe a period or a percentage to replace, or in addition to, any period or percentage in the table to subsection (2) to reflect any changes to the superannuation guarantee charge percentage prescribed by section 19 (2) of the relevant Commonwealth legislation.\n> \n> > (2B) When a period or percentage is prescribed under subsection (2A), it applies for the purposes of subsection (2) in place of the period or percentage that it replaces or (if additional) as if it formed part of the table to that subsection.\n> \n> > (3) An employer is not required to make a contribution in respect of an employee if, in order to be consistent with any relevant Commonwealth superannuation standard, a superannuation fund must not accept contributions in respect of the employee.\n> \n> > (4) Nothing in this section prevents an employer from making superannuation contributions in addition to those required by this section in respect of employees.\n> \n> > (5) Subsection (1) does not apply in relation to—\n> > \n> > > (a) an employee to whom an employer pays a total salary or wages in any month, including any amount payable under subsection (6), that is less than the amount prescribed by section 27 (2) of the relevant Commonwealth legislation, or\n> > \n> > > (b) an employee to whom section 27 (1) (a) of the relevant Commonwealth legislation applies,\n> > \n> > in relation to employment of a kind prescribed by the regulations.\n> \n> > (6) Where subsection (1) does not apply, the employer must pay to the employee an amount equivalent to the superannuation contribution that would have been payable but for the operation of subsection (5).\n> \n> > (7) The amount payable under subsection (6) is in addition to any salary or wages payable to the employee.\n> \n> > (8) In this section, relevant Commonwealth legislation means the [Superannuation Guarantee (Administration) Act 1992](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> Note.\n> \n> The amount prescribed by section 27 (2) of the relevant Commonwealth legislation is $450. Section 27 (1) (a) of the relevant Commonwealth legislation provides that the salary or wages of an employee who is aged 70 or over is to be excluded from the calculation of the superannuation guarantee shortfall under the relevant Commonwealth legislation.\n> \n> **s 8:** Ins 2005 No 91, Sch 2.1 \\[11\\]. Am 2008 No 41, Sch 1; 2013 No 69, Sch 2 \\[1\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Payment of compulsory employer superannuation contributions","content":"#### 9 Payment of compulsory employer superannuation contributions\n\n9 Payment of compulsory employer superannuation contributions\n\n> > (1) An employer must pay the compulsory employer superannuation contribution for an employee to—\n> > \n> > > (a) the Fund, or\n> > \n> > > (b) if a nomination is in force under this section, the nominated complying superannuation fund, complying approved deposit fund or retirement savings account.\n> \n> > (2) An employee may, by written notice to the employer, nominate a complying superannuation fund other than the Fund or a complying approved deposit fund or a retirement savings account as the fund or account to which the compulsory employer superannuation contribution is to be paid.\n> \n> > (3) An employee may, by written notice to the employer, revoke or vary a nomination under this section at any time.\n> \n> **ss 9–12:** Ins 2005 No 91, Sch 2.1 \\[11\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Excluded employees","content":"#### 10 Excluded employees\n\n10 Excluded employees\n\n> > (1) The compulsory employer superannuation contribution is not payable for the following employees—\n> > \n> > > (a) an employee who is a contributor to or a member of an STC scheme (within the meaning of the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039)) in respect of the same contract of employment,\n> > \n> > > (b) an employee who is a Judge within the meaning of the [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041), a master within the meaning of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052), the Solicitor General or the Director of Public Prosecutions,\n> > \n> > > (c) an employee who, while receiving salary or wages for work done outside Australia, is not treated as a resident of Australia for the purposes of the [Income Tax Assessment Act 1936](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (2) Subsection (1) (a) does not apply to an employee who has preserved a benefit in an STC scheme, or is entitled to a deferred accrued benefit under the [State Authorities Non-contributory Superannuation Act 1987](/view/html/inforce/current/act-1987-212), and who is not otherwise a participant in any such scheme.\n> \n> **ss 9–12:** Ins 2005 No 91, Sch 2.1 \\[11\\].","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Certain employees may elect to have compulsory employer superannuation contributions cease where pension RBL exceeded","content":"#### 11 Certain employees may elect to have compulsory employer superannuation contributions cease where pension RBL exceeded\n\n11 Certain employees may elect to have compulsory employer superannuation contributions cease where pension RBL exceeded\n\n> > (1) An employee may give his or her employer a written notice requiring the employer to cease to make the compulsory employer superannuation contribution in respect of the employee.\n> \n> > (2) The notice may be given only if it is accompanied by the statements referred to in section 19 (4) (b) of the [Superannuation Guarantee (Administration) Act 1992](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (3) A notice given under this section is irrevocable.\n> \n> > (4) An employer who is given a notice under this section—\n> > \n> > > (a) must comply with it, and\n> > \n> > > (b) is not required to make the compulsory employer superannuation contribution in respect of the employee concerned.\n> \n> **ss 9–12:** Ins 2005 No 91, Sch 2.1 \\[11\\].","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Contributions for employees who fund their own superannuation","content":"#### 12 Contributions for employees who fund their own superannuation\n\n12 Contributions for employees who fund their own superannuation\n\n> > (1) This section applies to an employee, other than an executive officer, who is employed under a contract under which contributions made by the employer to the employee’s superannuation form part of the total remuneration package of the employee and are deducted from the monetary remuneration otherwise payable to the employee.\n> \n> > (2) An employee to whom this section applies may give his or her employer a written notice requiring the employer to cease to make the compulsory employer superannuation contribution in respect of an amount of salary or wages of the employee that exceeds the maximum contribution base.\n> \n> > (3) An employer who is given such a notice—\n> > \n> > > (a) must comply with it, and\n> > \n> > > (b) is not required to make the compulsory employer superannuation contribution in respect of that part of the salary or wages of the employee that exceeds the maximum contribution base, as applicable from time to time.\n> \n> > (4) A notice given under this section may be revoked by the employee by further written notice given to the employer.\n> \n> > (5) If the notice is revoked, the employer is required to resume making the compulsory employer superannuation contribution in respect of that part of the salary or wages of the employee that exceeds the maximum contribution base in the financial year that commences after the notice of revocation is given to the employer.\n> \n> **ss 9–12:** Ins 2005 No 91, Sch 2.1 \\[11\\].","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous\n\n**pt 3, hdg (previously Part 6, heading):** Renumbered 2005 No 91, Sch 2.1 \\[17\\].","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Removal of employers from Act","content":"#### 13 Removal of employers from Act\n\n13 Removal of employers from Act\n\n> > (1) This section applies where an employer is removed from Schedule 1.\n> \n> > (2) On an employer being so removed, an employee of the employer is taken to have ceased to be employed by an employer for the purposes of this Act.\n> \n> **s 13 (previously s 63):** Renumbered 2005 No 91, Sch 2.1 \\[18\\]. Am 2005 No 91, Sch 2.1 \\[12\\].","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Trust deed to continue previous firefighter disability arrangements","content":"#### 14 Trust deed to continue previous firefighter disability arrangements\n\n14 Trust deed to continue previous firefighter disability arrangements\n\n> > (1) The trust deed or rules made under the trust deed must make provision for or with respect to the continuation of arrangements, in force immediately before the registration day for FTC, relating to the payment of amounts from the Fund in respect of death or incapacity benefits under the firefighters award, and the subsequent reduction or application of benefits, and other ancillary matters.\n> \n> > (2) Provision made for the purposes of this section may be in general or particular terms and may be by means of special arrangements permitted to be entered into under the trust deed or rules under the trust deed.\n> \n> > (3) Nothing in this section requires the continuation of any arrangement at any time after the relevant provisions of the firefighters award cease to have effect.\n> \n> > (4) Nothing in this section requires the trust deed or rules under the trust deed to make provision for or with respect to a matter that is inconsistent with the [Superannuation Industry (Supervision) Act 1993](http://www.legislation.gov.au/) of the Commonwealth or any regulations or other instruments made under that Act.\n> \n> > (5) In this section—\n> > \n> > death or incapacity benefit means a benefit payable to or in respect of a firefighter under the firefighters award if—\n> > \n> > > (a) the firefighter dies, or\n> > \n> > > (b) the firefighter suffers total and permanent incapacity or partial and permanent incapacity.\n> > \n> > firefighter means—\n> > \n> > > (a) a member of the permanent fire brigade, or\n> > \n> > > (b) a member of a retained fire brigade,\n> > \n> > under the [Fire and Rescue NSW Act 1989](/view/html/inforce/current/act-1989-192).\n> > \n> > firefighters award means the Crown Employees (NSW Fire Brigades Firefighting Staff Death and Disability) Award 2003.\n> > \n> > registration day for FTC means the day on which FTC is taken to be registered as a proprietary company limited by shares for the purposes of section 5H of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 14 (previously s 65):** Ins 2005 No 91, Sch 2.1 \\[14\\]. Renumbered 2005 No 91, Sch 2.1 \\[18\\]. Am 2018 No 59, Schs 5.1, 5.2.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"#### 15 Regulations\n\n15 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the manner in which notices under this Act are to be given.\n> \n> **s 15 (previously s 76):** Renumbered 2005 No 91, Sch 2.1 \\[18\\]. Am 2005 No 91, Sch 2.1 \\[16\\].","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 16 Savings, transitional and other provisions\n\n16 Savings, transitional and other provisions\n\n> Schedule 3 has effect.\n> \n> **s 16:** Renumbered 2005 No 91, Sch 2.1 \\[18\\].","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Review of Act","content":"#### 17 Review of Act\n\n17 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of this Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.\n> \n> **ss 17 (previously ss 77, 79):** Renumbered 2005 No 91, Sch 2.1 \\[18\\].","sortOrder":19},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Employers","content":"# Schedule 1 Employers\n\nSchedule 1 Employers\n\n(Sections 6 and 7)\n\nA Public Service agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)\n\nNSW Police Force\n\nHealth Administration Corporation\n\nWater Administration Ministerial Corporation\n\nSydney Water Corporation\n\nHunter Water Corporation\n\nAustralian Museum Trust\n\nTransGrid (limited to those employees—\n\n> (a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0294), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268))\n\nThe Corporation constituted under the [Superannuation Administration Authority Corporatisation Act 1999](/view/html/inforce/current/act-1999-005)\n\nFSS Trustee Corporation\n\nSAS Trustee Corporation\n\nNew South Wales Treasury Corporation\n\nJudicial Commission\n\nIndependent Commission Against Corruption\n\nA corporation constituted under the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049)\n\nClann Limited\n\nHomebush Bay Ministerial Corporation\n\nHunter Valley Catchment Management Trust\n\nJustice and Police Museum Limited\n\nWaste Recycling and Processing Corporation\n\nNew South Wales Film and Television Office\n\nThe Trustees of the Anzac Memorial Building\n\nGarvan Institute of Medical Research (limited to those persons—\n\n> (a) who were employees of that Institute immediately before 6 March 1998, and\n\n> (b) who were members of the Fund immediately before that date)\n\nThe New South Wales Teachers’ Federation\n\nPublic Service Association of New South Wales\n\nAustralian Transport Officers Federation (New South Wales Division)\n\nThe Water and Sewerage Employees Union (Salaried Division and Wages Division)\n\nAustralian Railways Union\n\nThe Australian Tramway and Motor Omnibus Employees’ Association\n\nAustralian Federated Union of Locomotive Enginemen\n\nPolice Association of New South Wales\n\nTrustees of Arakoon State Conservation Area\n\nTrustees of Bent’s Basin State Conservation Area\n\nTrustees of Burrendong State Conservation Area\n\nTrustees of Burrinjuck State Conservation Area\n\nTrustees of Copeton State Conservation Area\n\nTrustees of Lake Glenbawn State Conservation Area\n\nTrustees of Grabine State Conservation Area\n\nTrustees of Killalea State Conservation Area\n\nTrustees of Lake Keepit State Conservation Area\n\nTrustees of Wyangala State Conservation Area\n\nSydney Opera House Trust\n\nWentworth Park Trust\n\nZoological Parks Board of New South Wales\n\nRoads and Maritime Services\n\nState Transit Authority\n\nThe Hills Centre Limited (limited to those employees—\n\n> (a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268))\n\nParramatta Park Reserve Trust\n\nParramatta Stadium Trust\n\nAmbulance Service of New South Wales\n\nNew South Wales Lotteries Corporation\n\nTechnical and Further Education Commission\n\nThe Wild Dog Destruction Board\n\nAudit Office\n\nLord Howe Island Board\n\nNew South Wales Casino Control Authority\n\nBurrendong Arboretum Trust\n\nGovernment Pricing Tribunal of New South Wales\n\nFinancial Institutions Commission (limited to those persons—\n\n> (a) who, being members of the Fund, were employed in the Registry of Co-operatives, Department of Local Government and Co-operatives, immediately before the transfer date specified in the order by which their employment was transferred to that Commission in accordance with clause 3 of Schedule 3 to the [Financial Institutions Commission Act 1992](/view/pdf/asmade/act-1992-47), and\n\n> (b) who did not cease to be members of the Fund by that date)\n\nPublic Transport Union NSW Branch (limited to—\n\n> (a) persons who were employed by the Public Transport Union NSW Branch and were members of the Fund on 1 March 1993, and\n\n> (b) persons who have become employed by that Branch after that date and who were members of the Fund immediately before they became so employed)\n\nSydney Organising Committee for the Olympic Games\n\nNew South Wales Aboriginal Land Council\n\nHawkesbury-Nepean Catchment Management Trust\n\nPort Authority of New South Wales\n\nPort Kembla Port Corporation\n\nSydney Ports Corporation\n\nMaritime Authority of NSW\n\nPort Macquarie Base Hospital (limited to those persons—\n\n> (a) who were, immediately before 2 November 1994—\n> \n> > (i) employees of Hastings District Hospital, Port Macquarie, and\n> \n> > (ii) full or optional members of the First State Superannuation Fund, and\n\n> (b) who, on that date—\n> \n> > (i) transferred their employment to Port Macquarie Base Hospital, and\n> \n> > (ii) did not cease to be members of that Fund)\n\nDelta Power & Energy (Chain Valley) Pty Ltd, formerly known as Great Southern Energy Pty Ltd, limited to those employees—\n\n> (a) who were, on 1 July 1997, employees referred to in the [Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0294), clause 6(2), (4) or (5), or\n\n> (b) who became employees—\n> \n> > (i) after 1 July 1997, and\n> \n> > (ii) before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268)\n\nDelta Electricity\n\nMacquarie Generation\n\nAdvance Energy (limited to those employees—\n\n> (a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0294), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268))\n\nAustralian Inland Energy Water Infrastructure (limited to those employees—\n\n> (a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0294), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268))\n\nEnergyAustralia (limited to those employees—\n\n> (a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0294), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268))\n\nIntegral Energy Australia (limited to those employees—\n\n> (a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0294), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268))\n\nNorthPower (limited to those employees—\n\n> (a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0294), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268))\n\nHawkesbury District Health Service Limited (limited to persons—\n\n> (a) who were, immediately before 7 August 1996, employees of the Hawkesbury District Hospital, Windsor and full or optional members of the First State Superannuation Fund, and\n\n> (b) who, on that date, transferred their employment to Hawkesbury District Health Service Limited and did not cease to be members of that Fund)\n\nBenevolent Society of New South Wales (limited to Genoveva Almeida, Robyn Brooks, Adrian Ford, Caroline Lynn, Lynne Perl, Angela Plant, Elizabeth Sawtell, Beulah Warren, Pauline Wells, Barbara Wittig and Joan Lunz while continually employed by the Society)\n\nOlympic Roads and Transport Authority\n\nAustralian Prudential Regulation Authority (limited to those persons—\n\n> (a) who, being members of the Fund or the State Authorities Superannuation Fund or the State Superannuation Fund, were employed by the Financial Institutions Commission immediately before they became employees of the Authority under section 32 of the [Financial Sector Reform (New South Wales) Act 1999](/view/html/inforce/current/act-1999-001), and\n\n> (b) who did not cease to be members of the State Authorities Superannuation Fund or the State Superannuation Fund before they became employees of the Authority)\n\nPolice Integrity Commission\n\nEraring Energy\n\nNew South Wales Institute of Sport\n\nParramatta Rail Link Company Pty Limited\n\nCatholic Health Care Services Limited (limited to those persons—\n\n> (a) who were employed at the Bodington Hospital, Wentworth Falls, immediately before 1 September 2001, or\n\n> (b) who were employed at Lourdes Hospital and Community Health Service immediately before 9 August 2004 and who, on or after that date, transferred their employment to Holy Spirit Dubbo, or\n\n> (c) who were employees of Mid Western Area Health Service immediately before 1 October 2004 and transferred their employment to Macquarie Care Centre, Bathurst, on that date)\n\nMercy Care Centre Young Limited (limited to those persons who were employed at the Mt St Joseph’s Residential Care Facility, Young, immediately before 1 September 2001)\n\nThe Trustees of the Roman Catholic Church for the Diocese of Lismore (limited to those persons who were employed at the St Joseph’s Nursing Home, Lismore, immediately before 1 September 2001)\n\nLandcom\n\nPacific National (NSW) Pty Ltd (limited to those persons who were, immediately before 21 February 2002, employees of the Freight Rail Corporation)\n\nPacific National (ACT) Limited (limited to those persons who were, immediately before 21 February 2002, employees of the Freight Rail Corporation)\n\nA body corporate constituted under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) as a council or a county council (limited to those employees—\n\n> (a) who were employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268), not being employees referred to in clause 11 of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295))\n\nA livestock health and pest authority constituted under the [Rural Lands Protection Act 1998](/view/html/repealed/current/act-1998-143)\n\nThe NSW Local Government Industry Training Committee Incorporated\n\nLocal Government Association of New South Wales (limited to those employees—\n\n> (a) who were employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268), not being employees referred to in clause 11 of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295))\n\nShires Association of New South Wales (limited to those employees—\n\n> (a) who were employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268), not being employees referred to in clause 11 of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295))\n\nElectricity Association of New South Wales (limited to those employees—\n\n> (a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0294), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268))\n\nHealth Services Association of New South Wales\n\nInstitute of Municipal Management (limited to those employees—\n\n> (a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268))\n\nNew South Wales Nurses and Midwives’ Association\n\nState Sports Centre Trust\n\nVenues NSW\n\n| Australian Health Management Group Pty Limited (formerly known as Government Employees Health Club, Government Employees Health Fund Limited and Australian Health Management Group Limited)Keep Australia BeautifulSydney Credit Union | } | (limited to persons who were employees of the employer on 7 December 1992) |\n\nWaverley-Woollahra Destruction Committee (limited to those employees—\n\n> (a) who were employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268), not being employees referred to in clause 11 of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295))\n\nRichmond-Tweed Regional Library (limited to those employees—\n\n> (a) who were employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268), not being employees referred to in clause 11 of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295))\n\nRichmond-Upper Clarence Regional Library (limited to those employees—\n\n> (a) who were employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268), not being employees referred to in clause 11 of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295))\n\nHealth Services Union, being the authority registered under that name on 1 October 2003 as a State industrial organisation of employees under Chapter 5 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)\n\nNorthern Area Regional Organisation of Councils (limited to those employees—\n\n> (a) who were employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268), not being employees referred to in clause 11 of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295))\n\nHealth and Building Surveyors Association of New South Wales (limited to those employees—\n\n> (a) who were employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268), not being employees referred to in clause 11 of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295))\n\nFederated Municipal and Shire Council Employees’ Union of Australia, New South Wales Division (limited to those employees—\n\n> (a) who were employees referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268), not being employees referred to in clause 11 of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295))\n\nRural Lands Protection Boards’ Association of New South Wales\n\nA public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n\nTrustees of the Roman Catholic Church for the diocese of Maitland-Newcastle (limited to those employees who were employed at St Joseph’s Home, Sandgate, immediately before 11 October 2002).\n\nWestern Sydney Buses\n\nPOWMRI Limited (limited to those employees who were employees of the University of New South Wales immediately before 21 July 2003)\n\nHealthscope Limited (limited to those employees who are contributors to the State Authorities Superannuation Scheme under the [State Authorities Superannuation Act 1987](/view/html/inforce/current/act-1987-211))\n\nJenolan Caves Reserve Trust\n\nRail Corporation New South Wales\n\nIndependent Transport Safety and Reliability Regulator\n\nSydney Ferries\n\nCancer Institute (NSW)\n\nNatural Resources Commission\n\nAustralian Rail Track Corporation Ltd (limited to those persons who—\n\n> (a) become employees of Australian Rail Track Corporation Ltd on or after 1 June 2004 and not later than 31 December 2008, and\n\n> (b) cease to be employed by Rail Infrastructure Corporation, RailCorp or the State Rail Authority not more than 30 days before being so employed, and\n\n> (c) do not elect to cease to be contributors to the Fund within 30 days of commencing employment with Australian Rail Track Corporation Ltd).\n\nNational Office Products Ltd (limited to those persons—\n\n> (a) who were—\n> \n> > (i) employed in the Q Stores business unit of the Department of Commerce, and\n> \n> > (ii) members of the Fund,\n> \n> immediately before 1 February 2005, and\n\n> (b) who, on that date, transferred their employment to National Office Products Ltd and did not cease to be members of the Fund)\n\nCalvary Aged Care Limited, limited to the employees—\n\n> (a) who were employees of Hunter Area Health Service immediately before 2 April 2003, and\n\n> (b) who, on or after that date—\n> \n> > (i) transferred their employment from Hunter Area Health Service to Calvary Retirement Community Cessnock Limited, and\n> \n> > (ii) did not cease to be members of the Fund, and\n\n> (c) whose employment is transferred from Calvary Retirement Community Cessnock Limited to Calvary Aged Care Limited.\n\nForestry Corporation\n\nInfrastructure NSW\n\nLocal Government and Shires Association of New South Wales (limited to those employees—\n\n> (a) who were employees of the former Local Government Association of New South Wales or Shires Association of New South Wales referred to in clause 6 (2), (4) or (5) of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295), or\n\n> (b) who became employees of the former Local Government Association of New South Wales or Shires Association of New South Wales after 1 July 1997 and before the commencement of the [First State Superannuation (Local Government and Energy Employers) Order 2002](/view/pdf/asmade/sl-2002-268), not being employees referred to in clause 11 of the [Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997](/view/html/inforce/current/sl-1997-0295))\n\nPort Botany Operations Pty Limited (as trustee of the Port Botany Unit Trust), limited to those employees whose employment is transferred from Sydney Ports Corporation to Port Botany Operations Pty Limited (as trustee of the Port Botany Unit Trust) by order under section 16 of the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101)\n\nPort Kembla Operations Pty Limited (as trustee of the Port Kembla Unit Trust), limited to those employees whose employment is transferred from Port Kembla Port Corporation to Port Kembla Operations Pty Limited (as trustee of the Port Kembla Unit Trust) by order under section 16 of the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101)\n\nNSW Trains\n\nSydney Trains\n\nTransport Cleaning Services\n\nEraring Energy Services Pty Limited, limited to those employees whose employment is transferred from Eraring Energy to Eraring Energy Services Pty Limited by order under section 14 of the [Electricity Generator Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-035)\n\nGreen State Power Pty Ltd\n\nEnergyAustralia NSW Pty Ltd, limited to those employees whose employment is transferred from Delta Electricity to EnergyAustralia NSW Pty Ltd pursuant to offers of employment made under the Sale and Purchase Agreement (Delta Western Assets) dated 25 July 2013 between the Crown in Right of the State of New South Wales, Delta Electricity, EnergyAustralia Pty Ltd and EnergyAustralia NSW Pty Ltd\n\nAGL Macquarie Pty Limited, limited to those employees whose employment is transferred from Macquarie Generation to AGL Macquarie Pty Limited pursuant to offers of employment made under the Sale and Purchase Agreement dated 12 February 2014 between Macquarie Generation and AGL Macquarie Pty Limited\n\nWater NSW\n\nSnowy Hydro Limited, limited to those employees whose employment is transferred from Delta Electricity to Snowy Hydro Limited pursuant to offers of employment made under the Sale and Purchase Agreement (Colongra Assets) dated 29 December 2014 between the Crown in Right of the State of New South Wales, Delta Electricity and Snowy Hydro Limited\n\nInsurance and Care NSW\n\nDelta Power & Energy (Vales Point) Pty Ltd, formerly known as Sunset Power International Pty Ltd, limited to those employees whose employment was transferred from Delta Electricity to the employer pursuant to offers of employment made under the Sale and Purchase Agreement dated 19 November 2015 between Delta Electricity and Sunset Power International Pty Ltd\n\nAustralian Unity Home Care Service Pty Ltd, limited to those persons whose employment was transferred to Australian Unity Home Care Service Pty Ltd in accordance with the Implementation and Sale Agreement (dated 27 August 2015) between the Crown in Right of the State of New South Wales, Australian Unity Home Care Pty Ltd and Australian Unity Limited\n\nAustralian Nursing and Midwifery Federation New South Wales Branch\n\n**sch 1:** Am GG No 89 of 13.8.1993, pp 4525, 4526; GG No 110 of 8.10.1993, pp 6134, 6136; GG No 121 of 5.11.1993, p 6588; GG No 142 of 24.12.1993, p 7442 (see also GG No 35 of 11.2.1994, p 682); GG No 27 of 28.1.1994, p 361; GG No 46 of 18.3.1994, p 1187; GG No 73 of 27.5.1994, p 2448; GG No 93 of 15.7.1994, p 3652; GG No 99 of 29.7.1994, p 4032; GG No 113 of 2.9.1994, p 5489; GG No 150 of 11.11.1994, p 6677; 1994 No 64, Sch 3; 1994 No 82, Sch 6; 1994 No 88, Sch 7; GG No 74 of 16.6.1995, p 3177; 1995 No 13, Sch 4; 1995 No 18, Sch 5.7; GG No 83 of 7.7.1995, p 3617; GG No 131 of 27.10.1995, p 7425; 1995 No 95, Sch 4.11 \\[1\\]–\\[3\\]; 1995 No 96, Sch 2; GG No 67 of 7.6.1996, p 2925; 1996 No 39, Sch 4; 1996 No 40, Schs 2.1, 3.1; 1996 No 56, Sch 2; GG No 99 of 30.8.1996, p 5906; GG No 117 of 18.10.1996, p 6961; 1996 No 85, Sch 3.1; 1996 No 90, Sch 2.2; 1996 No 121, Sch 2.13; 1996 No 122, Sch 7.3 (am 1997 No 147, Sch 2.4); GG No 24 of 7.3.1997, p 1367; GG No 57 of 30.5.1997, p 3502; 1997 No 62, Sch 1.2; GG No 107 of 3.10.1997, p 8376; GG No 119 of 7.11.1997, p 8969; 1997 No 124, Sch 2.1; 1997 No 154, Sch 6.11; GG No 149 of 19.12.1997, p 10210 (see also GG No 32 of 20.2.1998, p 850); GG No 52 of 13.3.1998, p 1424; 1998 No 8, Sch 2.5; 1998 No 68, Sch 2.4; 1998 No 110, Sch 1.1; 1998 No 143, Sch 6.8; 1998 No 145, Sch 5.7 \\[1\\] \\[2\\]; 1998 No 170, Sch 3.3; 1999 No 5, Sch 5.1; GG No 76 of 2.7.1999, p 4641 (published in error—see GG No 81 of 16.7.1999, p 5002); GG No 86 of 30.7.1999, pp 5277, 5279; GG No 101 of 1.9.1999, pp 8270, 8273; 1999 No 86, Sch 1.1 \\[3\\]; GG No 81 of 30.6.2000, p 5796; 2000 No 89, Sch 2.2; 2000 No 102, Sch 3.3 \\[1\\] \\[2\\]; GG No 46 of 2.3.2001, p 1089; GG No 78 of 4.5.2001, pp 2220, 2222; 2001 No 35, Sch 3.1; GG No 108 of 6.7.2001, p 5230; 2001 No 52, Sch 1.4; 2001 No 58, Sch 3.3; 2001 No 59, Sch 3.2; GG No 190 of 14.12.2001, p 9970; 2001 No 129, Sch 3.1; GG No 48 of 22.2.2002, p 1016; GG No 82 of 3.5.2002, p 2571; GG No 89 of 24.5.2002, p 3220; 2002 No 38, Sch 5.4; 2002 No 39, Sch 5.2; GG No 142 of 6.9.2002, p 7923; GG No 210 of 8.11.2002, p 9462; GG No 25 of 24.1.2003, p 449; GG No 77 of 24.4.2003, p 4567; 2003 No 17, Sch 3.6; GG No 116 of 25.7.2003, p 7460; GG No 126 of 15.8.2003, p 7920; GG No 168 of 24.10.2003, p 10144; GG No 185 of 21.11.2003, p 10664; 2003 No 82, Sch 1.13; 2003 No 96, Sch 3.4; 2003 No 99, Sch 2.1; GG No 197 of 19.12.2003, p 11437; GG No 58 of 19.3.2004, p 1280; 2004 No 36, Sch 3.3; 2004 No 40, Sch 3.5; 2004 No 64, Sch 2.2; GG No 124 of 23.7.2004, pp 6040, 6042; GG No 153 of 1.10.2004, p 7791; GG No 162 of 15.10.2004, p 7950; 2004 No 91, Sch 2.29; GG No 200 of 17.12.2004, p 9389; GG No 204 of 24.12.2004, p 9695; GG No 34 of 18.3.2005, p 800; 2005 (321), cl 3; 2005 No 91, Sch 2.1 \\[19\\]; 2006 No 58, Sch 2.14; 2006 No 120, Sch 2.31; 2007 No 22, Sch 5.3; 2008 (168), cl 3; 2008 No 112, Sch 6.10; 2009 No 21, Sch 3.4; 2010 No 31, Schs 2.2, 3.3; 2011 No 41, Schs 3.2, 4.3, 5.7; 2011 No 62, Sch 3.12; 2012 No 95, Sch 2.11; 2012 No 96, Sch 4.10; 2013 (92), cl 3; 2013 (188), cl 3; 2013 (200), cl 3; 2013 (393), cl 3; 2013 (402), cl 3; 2013 (492), cl 3; 2013 No 75, Sch 2.2; 2014 (559), cl 3; 2014 No 74, Sch 3.10; 2014 No 88, Sch 1.11; 2014 (844), cl 3; 2015 (23), cl 3; 2015 No 19, Sch 15.7; 2015 No 48, Sch 2.1; 2015 No 58, Sch 3.34 \\[1\\]; 2015 (775), cl 3; 2016 (63), cl 3; 2016 No 27, Sch 5.3; 2016 (770), cl 3 (1) (2); 2020 No 29, Sch 2.2; 2025 No 66, Sch 4.2; 2026 (74), Sch 1; 2026 (109), Sch 1\\[1\\] \\[2\\].","sortOrder":20},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2, hdg:** Am 1993 No 42, Sch 3. Rep 2005 No 91, Sch 2.1 \\[20\\].\n\n**sch 2:** Am 1993 No 42, Sch 3; GG No 84 of 30.7.1993, p 4296; 1996 No 39, Sch 4; 1999 No 31, Sch 1.14 \\[3\\]; GG No 126 of 15.8.2003, p 7916; 2005 No 31, Sch 14.2 \\[2\\]. Rep 2005 No 91, Sch 2.1 \\[20\\].","sortOrder":21},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n(Section 16)\n\n**sch 3:** Am 1993 No 111, Sch 1 (15); 1996 No 92, Sch 1.2 \\[7\\] \\[8\\]; 1997 No 42, Sch 1.1 \\[10\\]; 1997 No 149, Sch 1.1 \\[44\\] \\[45\\]; 1998 No 144, Sch 2.1 \\[15\\] \\[16\\]; 1999 No 86, Sch 2.1 \\[4\\] \\[5\\]; 2000 No 100, Sch 1 \\[2\\]; 2001 No 98, Sch 1 \\[5\\] \\[6\\]; 2002 No 110, Sch 1 \\[7\\]; 2002 No 111, Sch 1 \\[7\\]; 2005 No 91, Sch 2.1 \\[21\\]–\\[25\\]; 2013 No 69, Sch 2 \\[2\\] \\[3\\]; 2022 No 29, Sch 2.1\\[2\\].","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Existing investment management and custodial arrangements and other arrangements","content":"#### 18 Existing investment management and custodial arrangements and other arrangements\n\n18 Existing investment management and custodial arrangements and other arrangements\n\n> > (1) An existing arrangement continues in force.\n> \n> > (2) Any such existing arrangement may be varied or terminated in accordance with the terms of the arrangement or any other Act or law.\n> \n> > (3) In this clause—\n> > \n> > existing arrangement means—\n> > \n> > > (a) a contract or an arrangement entered into by FTC under section 12 of the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039) and in force immediately before the commencement of clause 12 of Schedule 2A to that Act, or\n> > \n> > > (b) a contract or an arrangement entered into by FTC under section 15, 16 or 20 of that Act and in force immediately before the repeal of those provisions by the amending Act.","sortOrder":43},{"sectionNumber":"19","sectionType":"section","heading":"Operation of amending Act","content":"#### 19 Operation of amending Act\n\n19 Operation of amending Act\n\n> The operation of the amending Act and any amendments to the existing trust deed or existing rules consequential on that Act are not to be regarded—\n> \n> > (a) as a breach of contract or confidence or otherwise as a civil wrong, or\n> \n> > (b) as a breach of any contractual provision prohibiting, restricting or regulating the provision of services to or by FTC in connection with the Fund or its functions under the existing trust deed or existing rules, or\n> \n> > (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, or\n> \n> > (d) as an event of default under any contract or other instrument.","sortOrder":44},{"sectionNumber":"Part 4","sectionType":"part","heading":"Provision consequent on enactment of State Authorities Non-contributory Superannuation Amendment Act 2013","content":"# Part 4 Provision consequent on enactment of State Authorities Non-contributory Superannuation Amendment Act 2013\n\nPart 4 Provision consequent on enactment of [State Authorities Non-contributory Superannuation Amendment Act 2013](/view/html/repealed/current/act-2013-069)","sortOrder":45},{"sectionNumber":"20","sectionType":"section","heading":"Application of section 8","content":"#### 20 Application of section 8\n\n20 Application of section 8\n\n> Section 8 (as amended by the [State Authorities Non-contributory Superannuation Amendment Act 2013](/view/html/repealed/current/act-2013-069)), in its application in relation to the financial year starting on 1 July 2013, is taken to apply on and from 1 July 2013.","sortOrder":46},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provision consequent on enactment of Treasury Legislation Amendment (Miscellaneous) Act 2022","content":"# Part 5 Provision consequent on enactment of Treasury Legislation Amendment (Miscellaneous) Act 2022\n\nPart 5 Provision consequent on enactment of [Treasury Legislation Amendment (Miscellaneous) Act 2022](/view/pdf/asmade/act-2022-29)","sortOrder":47},{"sectionNumber":"21","sectionType":"section","heading":"References to First State Superannuation","content":"#### 21 References to First State Superannuation\n\n21 References to First State Superannuation\n\n> On and from the commencement of the [Treasury Legislation Amendment (Miscellaneous) Act 2022](/view/pdf/asmade/act-2022-29), Schedule 2.1, a reference in an Act, instrument or other document to First State Superannuation or the [First State Superannuation Act 1992](/view/html/inforce/current/act-1992-100) is taken to include a reference to Aware Super or the [Aware Super Act 1992](/view/html/inforce/current/act-1992-100), respectively.","sortOrder":48},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4 (Repealed)\n\n**sch 4:** Rep 1999 No 85, Sch 4.","sortOrder":49}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has been adapted and expanded substantially from its original 1992 form. Originally focused on establishing and operating the State’s First State Super scheme, amendments over the years have: (a) converted and preserved trust deed and fund arrangements (corporatisation/ conversion events and validation clauses in Schedule 3, Parts 2–3), (b) enlarged and frequently varied the list of employers covered (Schedule 1 and the Governor’s power at s 7), and (c) aligned state obligations closely with Commonwealth superannuation law by tying contribution percentages and exclusions to federal standards (s 8 and cross‑references). The 2022 amendment that treats historical references to First State Super as references to Aware Super (s 21) is an example of renaming and continuity rather than a change of policy, but the cumulative effect of many amendments has broadened administrative scope, added targeted employer‑specific coverage, and increased regulatory interdependence with federal law."},"complexity_factors":["Extensive Schedule 1 listing dozens of named employers, many with conditional or time‑limited coverage (sch 1)","Multiple cross‑references to Commonwealth legislation (Superannuation Guarantee (Administration) Act 1992; Superannuation Industry (Supervision) Act 1993; Corporations Act 2001) affecting operation (see s 4, s 8, s 14)","Layered transitional, savings and validation provisions across Schedule 3 with multiple Parts and retrospective‑effect mechanisms","Year‑by‑year percentage table plus regulatory power to substitute or add percentages tied to Commonwealth changes (s 8(2)–(2B))","Complex nomination and election rules for executive officers and other employees (s 4(2)–(9); s 11–12)","Governor’s power to amend Schedule 1 including retroactive effective dates (s 7)","Regulation‑making powers with special concurrence requirements for certain regulations (s 4(1A); s 15)","Numerous amendments over time and repealed/renumbered provisions referenced throughout (history of inserts/renumbering adds interpretive complexity)","Interplay between trust deed provisions and statutory provisions (s 14, sch 3 Parts 2–3)","Multiple, specific exceptions and conditions (e.g. judges, STC contributors, overseas non‑residents, pension RBL opt‑outs) that require case‑by‑case application (s 10–12)"],"plain_english_summary":"**What this law does, mechanically**\n\n- Sets a statutory duty on particular employers (the Crown and the bodies listed in Schedule 1) to pay compulsory employer superannuation (retirement) contributions for their employees (s 6, sch 1; s 8).\n- Defines how “salary or wages” is to be calculated for contribution purposes (including rules for non-executive employees and a nomination system for executive officers) and who the trustee is for the scheme (s 4).\n- Prescribes a schedule of compulsory contribution percentages by financial year (a table in s 8: 9.25% for 2013–14 progressively rising to 12% from 1 July 2019), and allows regulations to substitute percentages to keep the law aligned with the Commonwealth superannuation guarantee (s 8(2A)–(2B)).\n- Requires employers to pay contributions to the Fund (the First State/Aware Super fund) or, if an employee has nominated another complying fund, to that nominated complying fund or account (s 9).\n- Lists categories of employees who are excluded from the compulsory contributions (for example certain judges, employees contributing to other specified schemes, or employees who are non-resident for tax purposes) and provides special opt‑out/cease mechanisms in limited circumstances (s 10–12, s 11).\n- Preserves and validates a wide range of transitional, savings and validation arrangements (Schedule 3 and associated clauses) that keep pre-existing rights, trust deeds, member elections and contractual arrangements operating despite later amendments.\n- Gives the Governor power to amend Schedule 1 (so employers covered by the Act can be added or removed) and allows regulations to be made to support administration of the Act (s 7, s 15).\n- Updates terminology and references so that historical references to \"First State Superannuation\" are treated as references to Aware Super (s 21).\n\n\n**Who it affects**\n\n- Employers: primarily the Crown, government agencies and the many bodies named in Schedule 1 (s 6, sch 1). The Governor may add or remove employers from that list (s 7).\n- Employees of those employers: most employees are entitled to compulsory employer contributions under the specified percentage schedule (s 8). Certain categories are excluded or subject to special rules (s 10–12).\n- Trustees/ Fund administrators: the trustee (or trustee corporation) of the Fund receives employer contributions and must administer nominations, elections and trust deed obligations (s 4, s 9, s 14).\n- Employees who are executive officers: they must nominate an amount of salary or wages for contribution calculations and may later increase or reduce that nominated amount within statutory limits (s 4(2)–(9)).\n\n\n**Why it matters (claimed purpose and mechanical effects)**\n\n- The Act establishes a statutory framework obliging specified employers to make base-level superannuation contributions for employees, aligning employer practice with Commonwealth superannuation standards (see the statutory tie to the Superannuation Guarantee (Administration) Act 1992 in s 8 and cross-reference elsewhere).\n- It preserves continuity of members’ rights and trust arrangements through multiple structural changes of the fund, including corporatisation/ conversion steps and renaming to Aware Super (sch 3, Parts 2–5 of Schedule 3; s 21).\n\n\n**Operational consequences, incentives and trade-offs**\n\n- Who pays: the named employers (many of them public or state‑owned bodies) must budget for and remit the specified percentage of employees’ salary or wages to the Fund or a nominated complying fund (s 8, s 9).\n- Who decides: employers collect and remit contributions; employees may nominate a complying fund or (in the case of executive officers) nominate the salary base on which contributions are calculated; the trustee has operational discretion over effective dates for nominations (s 4(8), s 9(1)–(3)). The Governor and the regulations (including regulations that require Treasurer concurrence for some matters) can materially change the application of the Act (s 7; s 4(1A)).\n- Behavioural effects: employers face increased labour costs when contributions apply; to manage costs they can redesign remuneration packages (the Act recognises employment benefits and permits employer/employee arrangements to treat contributions as part of total remuneration—s 4 and s 12). Executive officers can control the nominated salary amount within statutory limits, which affects contribution levels (s 4(2)–(7)).\n- Compliance burden: employers must identify covered employees, apply the correct contribution percentage for each financial year (or regulated replacement percentage), accept and act on employee nominations/revocations, and notify the trustee of nominations (s 8, s 9, s 4(8)). The breadth of Schedule 1 and numerous transitional rules increase record‑keeping and legal complexity.\n- Interaction with Commonwealth law: the Act explicitly links its contribution rules and some exclusions to Commonwealth superannuation law; regulations may be used to keep percentages and thresholds in step with federal requirements (s 8(2A)–(2B), s 8(3), notes to s 8). This reduces state–federal inconsistency risk but imports dependency on federal standards.\n- Concentrated benefits and costs: benefits (fund membership, accrued super benefits) are concentrated on named employees and Fund members; costs (contributions) are borne by the listed employers. Because Schedule 1 is specific, additions or removals of employers create targeted legal obligations rather than economy‑wide rules (s 6, s 7, sch 1).\n- Implementation risks and retrospective powers: the Governor may make Schedule 1 amendments with effect from specified dates (including retrospective dates) (s 7). The regulations and transitional provisions (Schedule 3 and Part 1 of Schedule 3) permit some retrospective operational rules but include limits preventing prejudicial effects on existing private rights (sch 3 Pt 1 cl 1(3)).\n\n\n**Concrete statutory anchors**\n\n- Employer coverage and power to amend the employer list: s 6, s 7, Schedule 1.\n- Compulsory contribution duty and percentage table: s 8 (including s 8(2A)–(2B) which allows regulatory substitution to align with Commonwealth SG percentages).\n- Payment and employee fund nomination: s 9.\n- Definition and nomination rules for salary or wages (including special rules for executive officers): s 4.\n- Exclusions and limited opt‑out rules (pension RBL, employees who fund their own super, etc.): s 10–12.\n- Transitional/savings/validation provisions and preservation of trust deeds and continuities: Schedule 3, and various clauses in Parts 2–5 of Schedule 3.\n- Renaming/modern reference to Aware Super: s 21.\n\n\n**Net effect (mechanical summary)**\n\nThe Act creates a binding employer contribution obligation for a defined set of state and related employers, prescribes how to calculate the salary base and the contribution percentage to be paid, permits employee fund nominations, protects pre‑existing trust and member rights through numerous transitional clauses, and provides executive and regulatory mechanisms (Governor orders and regulations) to add/remove employers or adjust technical details to keep the scheme aligned with Commonwealth superannuation standards (see s 6–9, sch 1, s 4, sch 3, s 21)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act was originally named the First State Superannuation Act 1992, indicating it was established specifically for the 'First State Super' fund serving NSW public sector workers. Over time, the fund expanded beyond its original public sector base and rebranded as 'Aware Super' (reflected in the Act's renamed title), suggesting the fund's membership scope broadened significantly from its original government employee focus to a broader public offering. The frequency of amendments also suggests the Act's operational scope has been substantially updated from its original form."},"complexity_factors":["The document provided is primarily metadata and version history rather than substantive legislative content, limiting full analysis of the Act's provisions","Operates at the intersection of state (NSW) and federal (Commonwealth) superannuation law, which creates jurisdictional complexity","Over 80 historical versions recorded since 2001 alone, indicating extensive and frequent amendment history that a reader would need to navigate to understand the full evolution of the law","Superannuation law generally involves technical financial and trust law concepts","The fund's rebranding from 'First State Superannuation' to 'Aware Super' adds a layer of historical naming confusion for those researching the law"],"plain_english_summary":"This NSW Act establishes and governs Aware Super, the statutory superannuation fund for many current and former NSW public sector workers. It sets the legal framework for how the fund is run, who manages it, member rights, and employers’ contribution obligations, with the NSW Treasurer as responsible minister. Originally the First State Superannuation Act 1992, it has been amended repeatedly and operates alongside Commonwealth superannuation law."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has transformed significantly from its original 1992 form. Originally, this Act established and administered the First State Superannuation Scheme directly, with detailed provisions governing fund management, benefits, and administration. Following the 2005 'Conversion' amendments and subsequent reforms, the Act now operates as a statutory framework that mandates employer contributions while delegating scheme administration to a trust deed. The Act no longer contains detailed benefit rules or fund governance provisions—these have been moved to the trust deed. Additionally, the 2022 renaming from 'First State Superannuation' to 'Aware Super' reflects the fund's commercial rebranding, further demonstrating how the legislation has evolved beyond its original public sector administrative purpose to accommodate a modern, corporatised superannuation entity."},"complexity_factors":["Extensive Schedule 1 with over 100 listed employers, many with complex limiting conditions tied to specific dates and predecessor employment (e.g., 'limited to those employees who were, on 1 July 1997, employees referred to in clause 6(2), (4) or (5) of the Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997')","Multiple nested definitions and cross-references to Commonwealth legislation (Superannuation Guarantee (Administration) Act 1992, Superannuation Industry (Supervision) Act 1993)","Detailed conditional logic for executive officer salary nominations in section 4, including 10 subsections with multiple thresholds, time limits, and calculation methods","Transitional provisions spanning from 1992 to 2022 across Schedule 3, preserving rights under previous legislative versions and trust deed arrangements","Interaction between statutory requirements and trust deed provisions, where the Act now defers to a trust deed for scheme administration while retaining compulsory contribution obligations","Exception layering: excluded employees (s 10), employees who may elect to cease contributions (s 11), and employees who fund their own superannuation (s 12)"],"plain_english_summary":"This legislation, formerly known as the First State Superannuation Act 1992, establishes the legal framework for **Aware Super**—one of Australia's largest superannuation funds. It mandates that certain NSW public sector employers must make compulsory superannuation contributions on behalf of their employees.\n\n**What it does:**\n- **Requires employers** listed in Schedule 1 (including government agencies, water corporations, health services, and various statutory authorities) to pay superannuation contributions equal to a percentage of each employee's salary or wages\n- **Sets contribution rates** starting at 9.25% (from 2013) and rising to 12% for years from 1 July 2019 onwards\n- **Defines how \"salary or wages\" is calculated**, with special rules for executive officers who must nominate their salary amount\n- **Allows employees to choose** their own complying superannuation fund instead of the default Aware Super fund\n- **Excludes certain employees**, such as judges, police force members in specific schemes, and employees already covered by other defined benefit schemes\n\n**Who it affects:**\n- Public sector employees in NSW who work for the employers listed in Schedule 1\n- Executive officers who must actively nominate their salary for superannuation purposes\n- Employers who must comply with contribution obligations or face requirements to pay equivalent amounts directly to employees\n\n**Why it matters:**\nThis Act ensures NSW public sector workers receive mandatory retirement savings contributions. It operates alongside Commonwealth superannuation guarantee laws but provides specific rules for state government employment. The legislation has evolved significantly since 1992, transitioning from a detailed scheme administration Act to a streamlined framework that references a trust deed for most operational matters."}},"importantCases":[],"_links":{"self":"/api/acts/aware-super-act-1992","history":"/api/acts/aware-super-act-1992/history","analysis":"/api/acts/aware-super-act-1992/analysis","conflicts":"/api/acts/aware-super-act-1992/conflicts","importantCases":"/api/acts/aware-super-act-1992/important-cases","documents":"/api/acts/aware-super-act-1992/documents"}}