{"id":"C2005A00080","name":"Superannuation Act 2005","slug":"superannuation-act-2005","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"80 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7867,"registerId":"commonwealth-C2005A00080-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"## Part 1—Introduction","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Superannuation Act 2005.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 June 2005

2. Sections 3 to 46

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the Superannuation (Consequential Amendments) Act 2005 receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

29 June 2005

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline","content":"#### 3 Simplified outline\n\n The following is a simplified outline of this Act:\n\n• This Act provides for a superannuation scheme, to be known as the Public Sector Superannuation Accumulation Plan (PSSAP).\n\n• Generally, a person is eligible to become a member of PSSAP if he or she is a public sector employee who starts work on or after 1 July 2005.\n\n• Generally, if a person is eligible to become a member of PSSAP, he or she becomes a member if:\n\n(a) he or she chooses to become a member; or\n\n(b) PSSAP is his or her mandated fund.\n\n• A person’s membership of PSSAP continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\n• Employers must pay contributions to PSSAP for the benefit of most ordinary employer‑sponsored members of PSSAP.\n\n• A former public sector employee may be able to be an ordinary employer‑sponsored member of PSSAP. Employers are not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of such a member. However, employers can make contributions to PSSAP for the benefit of such a member if PSSAP is the member’s chosen fund under the Superannuation Guarantee (Administration) Act 1992.\n\n• CSC is responsible for PSSAP.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n (1) In this Act:\n\n> approved authority has the meaning given by section 8.\n\n> Australian government superannuation scheme member means a person who is:\n\n (a) a member of the PSS; or\n (b) an eligible employee (within the meaning of the Superannuation Act 1976);\n so long as the Minister has made a declaration that such a person is an Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> basic employer contribution has the same meaning as in the Rules.\n\n> Board has the same meaning as in the Superannuation Act 1990.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> designated employer has the meaning given by section 19.\n\n> eligible CSS/PSS member or former member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(8A).\n\n> eligible PSSAP member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(7).\n\n> employed has a meaning affected by section 6.\n\n> exempt overseas employee has the meaning given by subsection 5(2).\n\n> former Australian government superannuation scheme member means:\n\n (a) a person who is a former member of the PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (b) a person in respect of whom deferred benefits are applicable under the Superannuation Act 1976;\n so long as the Minister has made a declaration that such a person is a former Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> invalidity, in relation to a person, means the person’s inability, because of any mental or physical condition, to perform the duties of his or her employment or office.\n\n> ordinary employer‑sponsored member of PSSAP has the meaning given by section 18.\n\n> Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.\n\n> PSS means the Public Sector Superannuation Scheme within the meaning of the Superannuation Act 1990.\n\n> PSSAP: see Public Sector Superannuation Accumulation Plan.\n\n> PSSAP Fund means the fund established, and vested in the Board, by the Trust Deed.\n\n> Note: From 1 July 2011, the fund is vested in CSC.\n\n> PSS Fund has the same meaning as in the Superannuation Act 1990.\n\n> public sector employee has the meaning given by section 5.\n\n> Public Sector Superannuation Accumulation Plan or PSSAP means the superannuation scheme established by the Trust Deed.\n\n> Rules means the Rules for the administration of PSSAP set out in the Schedule to the Trust Deed.\n\n> statutory office has the meaning given by section 7.\n\n> Trust Deed means:\n\n (a) the deed referred to in section 10; or\n (b) if the deed is amended—the deed as so amended.\n (2) A declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member;\n is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Public sector employees","content":"#### 5 Public sector employees\n\n (1) For the purposes of this Act, a person is a public sector employee if, and only if, the person is:\n (a) either:\n (i) employed by the Commonwealth or an approved authority; or\n (ii) the holder of a statutory office; and\n (b) not an exempt overseas employee.\n (1A) To avoid doubt, a person who is a member of the Defence Force is not a public sector employee by reason only of being a member of the Defence Force.\n (2) For the purposes of this Act, a person is an exempt overseas employee if the person is:\n (a) engaged or appointed for employment outside Australia only; and\n (b) not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (2)(b) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) of this section.\n (5) A declaration under paragraph (2)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (6) If:\n (a) a declaration is made under paragraph (2)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Extended meaning of employed","content":"#### 6 Extended meaning of employed\n\n Directors of companies and other bodies corporate\n (1) For the purposes of this Act, if:\n (a) a person is a full‑time director of a company or other body corporate; and\n (b) the company or other body is an approved authority; and\n (c) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory; and\n (d) the person is not specified in a written declaration made by the Minister under this paragraph;\n the person is employed by the company or other body.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) The Minister may, by writing, declare that, for the purposes of this Act, a specified person is employed by a company or other body corporate, so long as:\n (a) the person is a director of the company or other body; and\n (b) the person is not a full‑time director of the company or other body; and\n (c) the company or other body is an approved authority; and\n (d) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (1)(d) or subsection (2) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(d) or subsection (2) of this section.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Statutory offices","content":"#### 7 Statutory offices\n\n (1) For the purposes of this Act, a statutory office is:\n (a) an office established by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an office specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (2) A declaration under paragraph (1)(b) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(b) of this section.\n (4) A declaration under paragraph (1)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (5) If:\n (a) a declaration is made under paragraph (1)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a holder of the office to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Approved authorities","content":"#### 8 Approved authorities\n\n (1) This section sets out the 2 situations in which an authority or body is an approved authority for the purposes of this Act.\n Approved authorities under the Superannuation Act 1990\n (2) An authority or body is an approved authority if:\n (a) the authority or body was, at the end of 30 June 2005, an approved authority for the purposes of the Superannuation Act 1990; and\n (b) the authority or body is not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Ministerial declarations\n (3) The Minister may, by writing, declare that an authority or body is an approved authority for the purposes of this Act, so long as the authority or body is:\n (a) a body corporate incorporated for a public purpose by:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an authority or body (other than a body corporate) established for a public purpose by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (c) a company or other body corporate:\n (i) that is incorporated under an Act or a law of a State or Territory; and\n (ii) in which the Commonwealth has a controlling interest; or\n (d) an authority or body that is wholly or substantially financed (whether directly or indirectly) by money provided by the Commonwealth; or\n (e) a company or other body corporate incorporated under an Act or a law of a State or Territory, where:\n (i) an authority or body covered by paragraph (a), (b), (c) or (d), or that is an approved authority because of subsection (2), has a controlling interest in the company or body; or\n (ii) the Commonwealth and one, or more than one, such authority or body together have a controlling interest in the company or body; or\n (iii) 2 or more such authorities or bodies together have a controlling interest in the company or body.\n (4) The Minister must not declare an authority or body to be an approved authority under subsection (3) if the authority or body is an approved authority because of subsection (2).\n Declarations\n (5) A declaration under paragraph (2)(b) or subsection (3) is a legislative instrument.\n (6) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) or subsection (3) of this section.\n (7) A declaration under subsection (3) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Application of Act","content":"#### 9 Application of Act\n\n This Act applies both within and outside Australia.","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Trust Deed","content":"## Part 2—The Trust Deed","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Deed to establish PSSAP etc.","content":"#### 10 Deed to establish PSSAP etc.\n\n (1) Before 1 July 2005, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Public Sector Superannuation Accumulation Plan; and\n (ii) may also be known as PSSAP; and\n (iii) is for the benefit of persons who will be members of PSSAP; and\n (b) establish, and vest in the Board, a fund for the purposes of PSSAP; and\n (c) set out the functions and powers of the Board in relation to PSSAP and the PSSAP Fund.\n (2) The deed under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Amendment of Trust Deed","content":"#### 11 Amendment of Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n (2) If compliance with a provision of the Trust Deed as amended under subsection (1) would have the effect that PSSAP:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act;\n that provision is invalid.\n (3) An instrument under subsection (1) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Family law interest splitting","content":"#### 12 Family law interest splitting\n\n (1) Without limiting section 10 or 11, the Rules:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Rules; and\n (ii) the benefits of the member spouse are reduced in accordance with the Rules; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this section:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Members of Public Sector Superannuation Accumulation Plan (PSSAP)","content":"## Part 3—Members of Public Sector Superannuation Accumulation Plan (PSSAP)","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Eligibility for membership of PSSAP","content":"#### 13 Eligibility for membership of PSSAP\n\n (1) A person is eligible to become a member of PSSAP if:\n (a) subject to subsections (2) and (3), the person is:\n (i) a public sector employee; or\n (ii) specified in a written declaration made by the Minister under this subparagraph; or\n (b) subject to subsection (3), the person is an Australian government superannuation scheme member; or\n (c) subject to subsection (3), the person is a former Australian government superannuation scheme member; or\n (d) the person was a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at a time after the commencement of the Superannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee.\n\n> Note: Subparagraph (1)(a)(ii)—for specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A person is not eligible to become a member of PSSAP if:\n (a) the person is a member of PSS (other than a member of the PSS who has made an election under section 6B of the Superannuation Act 1990); or\n (b) the person is a former member of PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (c) the person is a PSS invalidity pensioner (within the meaning of the Superannuation Act 1990); or\n (d) the person is entitled to make an election under section 7 or 8 of the Superannuation Act 1990 that would result in the person becoming a member of PSS; or\n (e) the person is an eligible employee for the purposes of the Superannuation Act 1976; or\n (f) the person is a person to whom the Judges’ Pensions Act 1968 applies; or\n (g) the person is covered by paragraph 6(2)(ba) of the Superannuation Act 1990; or\n (h) the person is specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (3) A person is not eligible to become a member of PSSAP before 1 July 2005.\n Declarations\n (4) A declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) of this section.\n (6) A declaration under subparagraph (1)(a)(ii) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (7) If:\n (a) a declaration is made under subparagraph (1)(a)(ii); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Becoming a member of PSSAP","content":"#### 14 Becoming a member of PSSAP\n\n (1) This section sets out the 2 situations in which a person can become a member of PSSAP.\n Choice to become a member\n (2) If a person is eligible to become a member of PSSAP, the person may, in a manner approved by CSC in writing under this subsection, choose to become a member of PSSAP.\n (3) The effect of making a choice under subsection (2) is that the person becomes a member of PSSAP when the choice is made.\n PSSAP is the person’s mandated fund\n (4) Subject to subsections (5) and (6), if:\n (a) at a particular time:\n (i) a person is in particular employment or holds a particular statutory office; and\n (ii) the person is eligible to be a member of PSSAP because of that employment or holding that office; and\n (iii) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (iv) assuming that the person were to become a member of PSSAP and the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on a provision mentioned in subsection (4A) to satisfy the choice of fund requirements in relation to the contribution; and\n (v) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act; and\n (b) immediately before that time, the person was not a member of PSSAP;\n the person is taken to have become a member of PSSAP at that time.\n\n> Note 1: See also section 16 (PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes).\n\n> Note 2: If a person makes an election under section 6B of the Superannuation Act 1990 to cease to be a member of the PSS, and the PSSAP is the person’s mandated fund, the person is taken to become a member of the PSSAP in accordance with this subsection at the time that the election is given to CSC.\n\n (4A) For the purposes of subparagraph (4)(a)(iv), the provisions are:\n (a) subsection 32C(2) or (6) of the Superannuation Guarantee (Administration) Act 1992; or\n (b) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies.\n\n> Note: Subsection 32C(2), or paragraph 32C(6)(g) or (h), of that Act can only be relied on if the most recent notification from the Commissioner is that there is no stapled fund for the person.\n\n (5) Subsection (4) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n (6) Subsection (4) does not apply to a person at a particular time if:\n (a) the following conditions are satisfied:\n (i) at that time, the person is the holder of a statutory office (within the meaning of the Superannuation Act 1990);\n (ii) the person’s current term of appointment included a day in the financial year beginning on 1 July 2005; or\n (b) the following conditions are satisfied:\n (i) at that time, the person is a temporary employee (within the meaning of the Superannuation Act 1990);\n (ii) if the person’s employment is for a fixed term—the term included a day in the financial year beginning on 1 July 2005;\n (iii) if the person’s employment is not for a fixed term—the period of employment included a day in the financial year beginning on 1 July 2005.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Duration of membership of PSSAP","content":"#### 15 Duration of membership of PSSAP\n\n (1) If a person becomes a member of PSSAP, the person’s membership continues until:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Rules:\n (i) that benefit is paid; or\n (ii) if the person dies before that benefit is paid—the death of the person; or\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Rules:\n (i) the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the death of the person; or\n (c) in any other case—the death of the person.\n (2) A person does not cease to be a member of PSSAP merely because the person ceases to be eligible to become a member of PSSAP.\n (3) If a person ceases to be a member of PSSAP, this section does not prevent the person from subsequently becoming a member of PSSAP.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes","content":"#### 16 PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes\n\n (1) If:\n (a) either:\n (i) a person is eligible to become a member of PSSAP because of particular employment; or\n (ii) a person is a member of PSSAP, and if the person were not a member of PSSAP, the person would be eligible to become a member because of particular employment; and\n (b) that employment is:\n (i) employment as an APS employee; or\n (ii) specified in a written determination made by the Minister under this subparagraph; and\n (c) PSSAP is covered by a paragraph of section 32D of the Superannuation Guarantee (Administration) Act 1992;\n then, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to the person, PSSAP is the sole eligible choice fund for the person’s employer.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A determination under subparagraph (1)(b)(ii) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under subparagraph (1)(b)(ii) of this section.\n (4) In this section:\n\n> employment has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.\n\n> Note: See also section 18A of the Acts Interpretation Act 1901 (parts of speech and grammatical forms).","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Contributions","content":"## Part 4—Contributions","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Contributions to PSSAP by designated employers","content":"#### 17 Contributions to PSSAP by designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) The designated employer of the member must pay to CSC, in accordance with the Rules, any contributions that, under the Rules, are payable by the employer in respect of the member.\n\n> Note 1: See also section 39 (amounts payable to CSC).\n\n> Note 2: The designated employer of an eligible PSSAP member or an eligible CSS/PSS member or former member is not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of the member. However, the designated employer can make contributions to PSSAP for the benefit of the member if PSSAP is the member’s chosen fund or stapled fund under the Superannuation Guarantee (Administration) Act 1992.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Ordinary employer‑sponsored member of PSSAP","content":"#### 18 Ordinary employer‑sponsored member of PSSAP\n\n (1) This section sets out the 5 situations in which a person is an ordinary employer‑sponsored member of PSSAP.\n PSSAP is the person’s chosen fund or stapled fund\n (2) If, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(1) or (1A) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(iii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (d) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n PSSAP is the person’s mandated fund\n (3) Subject to subsection (4), if, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (d) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(2) or (6) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (e) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (4) Subsection (3) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n Superannuation Guarantee (Administration) Act 1992 does not apply to the person\n (5) Subject to subsection (6), if:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would not be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (6) Subsection (5) does not apply to a person in relation to particular employment or holding a particular office if:\n (a) the person has, in a manner approved by CSC in writing under this paragraph, chosen not to be an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office; and\n (b) that choice has not been withdrawn.\n Eligible PSSAP member\n (7) Subject to subsections (8) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously was, an ordinary employer‑sponsored member of PSSAP under one or more of subsections (2), (3) and (5); and\n (c) the person is, or previously would have been eligible to become, a member of PSSAP because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible PSSAP member.\n\n (8) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (7) in respect of that employment or the holding of that office.\n Eligible CSS/PSS member or former member\n (8A) Subject to subsections (8B) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously would have been able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months; and\n (c) either:\n (i) the person was a former Australian government superannuation scheme member at the time the Superannuation Amendment (PSSAP Membership) Act 2020 commences; or\n (ii) the person is a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at any time on or after the day the Superannuation Amendment (PSSAP Membership) Act 2020 commences;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible CSS/PSS member or former member.\n\n (8B) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person; or\n (c) paragraph 6(2)(ba) of the Superannuation Act 1990 applies to a person in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (8A) in respect of that employment or the holding of that office.\n Minister may determine class of excluded persons\n (9) A person cannot be an ordinary employer‑sponsored member of PSSAP under subsection (7) or (8A) if the person is included in a class of persons determined in an instrument under subsection (10).\n (10) The Minister may, by legislative instrument, determine a class of persons for the purposes of subsection (9).\n (11) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (10) of this section.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Designated employers","content":"#### 19 Designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) For the purposes of this Act, the following table defines the designated employer of the member.\n\n```html\n

Designated employers

Item

In this case...

the designated employer of the member is...

1

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of an Agency (within the meaning of the Public Service Act 1999)

the Agency.

2

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of a Parliamentary Department

the Parliamentary Department.

3

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item.

4

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is paid by an approved authority

the approved authority.

5

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is not paid by an approved authority

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item; or

(c) a person determined by the Minister in writing under this item.

5A

the person is:

(a) an eligible PSSAP member; or

(b) an eligible CSS/PSS member or former member

if the person has an employer—the employer.

6

none of the above items apply to the member

the authority or body by which the member is employed.

\n```\n\n (3) A determination under item 3 or 5 of the table in subsection (2) may be expressed to relate to a class of members.\n (4) A determination under item 3 or 5 of the table in subsection (2) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under item 3 or 5 of the table in subsection (2) of this section.","sortOrder":22},{"sectionNumber":"Part 5","sectionType":"part","heading":"Administration","content":"An Act about the Public Sector Superannuation Accumulation Plan (PSSAP), and for related purposes\n\n## Part 1—Introduction\n\n#### 1 Short title\n\n This Act may be cited as the Superannuation Act 2005.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 June 2005

2. Sections 3 to 46

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the Superannuation (Consequential Amendments) Act 2005 receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

29 June 2005

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Simplified outline\n\n The following is a simplified outline of this Act:\n\n• This Act provides for a superannuation scheme, to be known as the Public Sector Superannuation Accumulation Plan (PSSAP).\n\n• Generally, a person is eligible to become a member of PSSAP if he or she is a public sector employee who starts work on or after 1 July 2005.\n\n• Generally, if a person is eligible to become a member of PSSAP, he or she becomes a member if:\n\n(a) he or she chooses to become a member; or\n\n(b) PSSAP is his or her mandated fund.\n\n• A person’s membership of PSSAP continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\n• Employers must pay contributions to PSSAP for the benefit of most ordinary employer‑sponsored members of PSSAP.\n\n• A former public sector employee may be able to be an ordinary employer‑sponsored member of PSSAP. Employers are not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of such a member. However, employers can make contributions to PSSAP for the benefit of such a member if PSSAP is the member’s chosen fund under the Superannuation Guarantee (Administration) Act 1992.\n\n• CSC is responsible for PSSAP.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> approved authority has the meaning given by section 8.\n\n> Australian government superannuation scheme member means a person who is:\n\n (a) a member of the PSS; or\n (b) an eligible employee (within the meaning of the Superannuation Act 1976);\n so long as the Minister has made a declaration that such a person is an Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> basic employer contribution has the same meaning as in the Rules.\n\n> Board has the same meaning as in the Superannuation Act 1990.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> designated employer has the meaning given by section 19.\n\n> eligible CSS/PSS member or former member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(8A).\n\n> eligible PSSAP member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(7).\n\n> employed has a meaning affected by section 6.\n\n> exempt overseas employee has the meaning given by subsection 5(2).\n\n> former Australian government superannuation scheme member means:\n\n (a) a person who is a former member of the PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (b) a person in respect of whom deferred benefits are applicable under the Superannuation Act 1976;\n so long as the Minister has made a declaration that such a person is a former Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> invalidity, in relation to a person, means the person’s inability, because of any mental or physical condition, to perform the duties of his or her employment or office.\n\n> ordinary employer‑sponsored member of PSSAP has the meaning given by section 18.\n\n> Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.\n\n> PSS means the Public Sector Superannuation Scheme within the meaning of the Superannuation Act 1990.\n\n> PSSAP: see Public Sector Superannuation Accumulation Plan.\n\n> PSSAP Fund means the fund established, and vested in the Board, by the Trust Deed.\n\n> Note: From 1 July 2011, the fund is vested in CSC.\n\n> PSS Fund has the same meaning as in the Superannuation Act 1990.\n\n> public sector employee has the meaning given by section 5.\n\n> Public Sector Superannuation Accumulation Plan or PSSAP means the superannuation scheme established by the Trust Deed.\n\n> Rules means the Rules for the administration of PSSAP set out in the Schedule to the Trust Deed.\n\n> statutory office has the meaning given by section 7.\n\n> Trust Deed means:\n\n (a) the deed referred to in section 10; or\n (b) if the deed is amended—the deed as so amended.\n (2) A declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member;\n is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member.\n\n#### 5 Public sector employees\n\n (1) For the purposes of this Act, a person is a public sector employee if, and only if, the person is:\n (a) either:\n (i) employed by the Commonwealth or an approved authority; or\n (ii) the holder of a statutory office; and\n (b) not an exempt overseas employee.\n (1A) To avoid doubt, a person who is a member of the Defence Force is not a public sector employee by reason only of being a member of the Defence Force.\n (2) For the purposes of this Act, a person is an exempt overseas employee if the person is:\n (a) engaged or appointed for employment outside Australia only; and\n (b) not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (2)(b) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) of this section.\n (5) A declaration under paragraph (2)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (6) If:\n (a) a declaration is made under paragraph (2)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 6 Extended meaning of employed\n\n Directors of companies and other bodies corporate\n (1) For the purposes of this Act, if:\n (a) a person is a full‑time director of a company or other body corporate; and\n (b) the company or other body is an approved authority; and\n (c) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory; and\n (d) the person is not specified in a written declaration made by the Minister under this paragraph;\n the person is employed by the company or other body.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) The Minister may, by writing, declare that, for the purposes of this Act, a specified person is employed by a company or other body corporate, so long as:\n (a) the person is a director of the company or other body; and\n (b) the person is not a full‑time director of the company or other body; and\n (c) the company or other body is an approved authority; and\n (d) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (1)(d) or subsection (2) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(d) or subsection (2) of this section.\n\n#### 7 Statutory offices\n\n (1) For the purposes of this Act, a statutory office is:\n (a) an office established by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an office specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (2) A declaration under paragraph (1)(b) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(b) of this section.\n (4) A declaration under paragraph (1)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (5) If:\n (a) a declaration is made under paragraph (1)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a holder of the office to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 8 Approved authorities\n\n (1) This section sets out the 2 situations in which an authority or body is an approved authority for the purposes of this Act.\n Approved authorities under the Superannuation Act 1990\n (2) An authority or body is an approved authority if:\n (a) the authority or body was, at the end of 30 June 2005, an approved authority for the purposes of the Superannuation Act 1990; and\n (b) the authority or body is not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Ministerial declarations\n (3) The Minister may, by writing, declare that an authority or body is an approved authority for the purposes of this Act, so long as the authority or body is:\n (a) a body corporate incorporated for a public purpose by:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an authority or body (other than a body corporate) established for a public purpose by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (c) a company or other body corporate:\n (i) that is incorporated under an Act or a law of a State or Territory; and\n (ii) in which the Commonwealth has a controlling interest; or\n (d) an authority or body that is wholly or substantially financed (whether directly or indirectly) by money provided by the Commonwealth; or\n (e) a company or other body corporate incorporated under an Act or a law of a State or Territory, where:\n (i) an authority or body covered by paragraph (a), (b), (c) or (d), or that is an approved authority because of subsection (2), has a controlling interest in the company or body; or\n (ii) the Commonwealth and one, or more than one, such authority or body together have a controlling interest in the company or body; or\n (iii) 2 or more such authorities or bodies together have a controlling interest in the company or body.\n (4) The Minister must not declare an authority or body to be an approved authority under subsection (3) if the authority or body is an approved authority because of subsection (2).\n Declarations\n (5) A declaration under paragraph (2)(b) or subsection (3) is a legislative instrument.\n (6) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) or subsection (3) of this section.\n (7) A declaration under subsection (3) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n\n#### 9 Application of Act\n\n This Act applies both within and outside Australia.\n\n## Part 2—The Trust Deed\n\n#### 10 Deed to establish PSSAP etc.\n\n (1) Before 1 July 2005, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Public Sector Superannuation Accumulation Plan; and\n (ii) may also be known as PSSAP; and\n (iii) is for the benefit of persons who will be members of PSSAP; and\n (b) establish, and vest in the Board, a fund for the purposes of PSSAP; and\n (c) set out the functions and powers of the Board in relation to PSSAP and the PSSAP Fund.\n (2) The deed under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.\n\n#### 11 Amendment of Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n (2) If compliance with a provision of the Trust Deed as amended under subsection (1) would have the effect that PSSAP:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act;\n that provision is invalid.\n (3) An instrument under subsection (1) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.\n\n#### 12 Family law interest splitting\n\n (1) Without limiting section 10 or 11, the Rules:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Rules; and\n (ii) the benefits of the member spouse are reduced in accordance with the Rules; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this section:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n## Part 3—Members of Public Sector Superannuation Accumulation Plan (PSSAP)\n\n#### 13 Eligibility for membership of PSSAP\n\n (1) A person is eligible to become a member of PSSAP if:\n (a) subject to subsections (2) and (3), the person is:\n (i) a public sector employee; or\n (ii) specified in a written declaration made by the Minister under this subparagraph; or\n (b) subject to subsection (3), the person is an Australian government superannuation scheme member; or\n (c) subject to subsection (3), the person is a former Australian government superannuation scheme member; or\n (d) the person was a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at a time after the commencement of the Superannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee.\n\n> Note: Subparagraph (1)(a)(ii)—for specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A person is not eligible to become a member of PSSAP if:\n (a) the person is a member of PSS (other than a member of the PSS who has made an election under section 6B of the Superannuation Act 1990); or\n (b) the person is a former member of PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (c) the person is a PSS invalidity pensioner (within the meaning of the Superannuation Act 1990); or\n (d) the person is entitled to make an election under section 7 or 8 of the Superannuation Act 1990 that would result in the person becoming a member of PSS; or\n (e) the person is an eligible employee for the purposes of the Superannuation Act 1976; or\n (f) the person is a person to whom the Judges’ Pensions Act 1968 applies; or\n (g) the person is covered by paragraph 6(2)(ba) of the Superannuation Act 1990; or\n (h) the person is specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (3) A person is not eligible to become a member of PSSAP before 1 July 2005.\n Declarations\n (4) A declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) of this section.\n (6) A declaration under subparagraph (1)(a)(ii) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (7) If:\n (a) a declaration is made under subparagraph (1)(a)(ii); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 14 Becoming a member of PSSAP\n\n (1) This section sets out the 2 situations in which a person can become a member of PSSAP.\n Choice to become a member\n (2) If a person is eligible to become a member of PSSAP, the person may, in a manner approved by CSC in writing under this subsection, choose to become a member of PSSAP.\n (3) The effect of making a choice under subsection (2) is that the person becomes a member of PSSAP when the choice is made.\n PSSAP is the person’s mandated fund\n (4) Subject to subsections (5) and (6), if:\n (a) at a particular time:\n (i) a person is in particular employment or holds a particular statutory office; and\n (ii) the person is eligible to be a member of PSSAP because of that employment or holding that office; and\n (iii) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (iv) assuming that the person were to become a member of PSSAP and the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on a provision mentioned in subsection (4A) to satisfy the choice of fund requirements in relation to the contribution; and\n (v) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act; and\n (b) immediately before that time, the person was not a member of PSSAP;\n the person is taken to have become a member of PSSAP at that time.\n\n> Note 1: See also section 16 (PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes).\n\n> Note 2: If a person makes an election under section 6B of the Superannuation Act 1990 to cease to be a member of the PSS, and the PSSAP is the person’s mandated fund, the person is taken to become a member of the PSSAP in accordance with this subsection at the time that the election is given to CSC.\n\n (4A) For the purposes of subparagraph (4)(a)(iv), the provisions are:\n (a) subsection 32C(2) or (6) of the Superannuation Guarantee (Administration) Act 1992; or\n (b) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies.\n\n> Note: Subsection 32C(2), or paragraph 32C(6)(g) or (h), of that Act can only be relied on if the most recent notification from the Commissioner is that there is no stapled fund for the person.\n\n (5) Subsection (4) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n (6) Subsection (4) does not apply to a person at a particular time if:\n (a) the following conditions are satisfied:\n (i) at that time, the person is the holder of a statutory office (within the meaning of the Superannuation Act 1990);\n (ii) the person’s current term of appointment included a day in the financial year beginning on 1 July 2005; or\n (b) the following conditions are satisfied:\n (i) at that time, the person is a temporary employee (within the meaning of the Superannuation Act 1990);\n (ii) if the person’s employment is for a fixed term—the term included a day in the financial year beginning on 1 July 2005;\n (iii) if the person’s employment is not for a fixed term—the period of employment included a day in the financial year beginning on 1 July 2005.\n\n#### 15 Duration of membership of PSSAP\n\n (1) If a person becomes a member of PSSAP, the person’s membership continues until:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Rules:\n (i) that benefit is paid; or\n (ii) if the person dies before that benefit is paid—the death of the person; or\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Rules:\n (i) the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the death of the person; or\n (c) in any other case—the death of the person.\n (2) A person does not cease to be a member of PSSAP merely because the person ceases to be eligible to become a member of PSSAP.\n (3) If a person ceases to be a member of PSSAP, this section does not prevent the person from subsequently becoming a member of PSSAP.\n\n#### 16 PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes\n\n (1) If:\n (a) either:\n (i) a person is eligible to become a member of PSSAP because of particular employment; or\n (ii) a person is a member of PSSAP, and if the person were not a member of PSSAP, the person would be eligible to become a member because of particular employment; and\n (b) that employment is:\n (i) employment as an APS employee; or\n (ii) specified in a written determination made by the Minister under this subparagraph; and\n (c) PSSAP is covered by a paragraph of section 32D of the Superannuation Guarantee (Administration) Act 1992;\n then, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to the person, PSSAP is the sole eligible choice fund for the person’s employer.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A determination under subparagraph (1)(b)(ii) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under subparagraph (1)(b)(ii) of this section.\n (4) In this section:\n\n> employment has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.\n\n> Note: See also section 18A of the Acts Interpretation Act 1901 (parts of speech and grammatical forms).\n\n## Part 4—Contributions\n\n#### 17 Contributions to PSSAP by designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) The designated employer of the member must pay to CSC, in accordance with the Rules, any contributions that, under the Rules, are payable by the employer in respect of the member.\n\n> Note 1: See also section 39 (amounts payable to CSC).\n\n> Note 2: The designated employer of an eligible PSSAP member or an eligible CSS/PSS member or former member is not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of the member. However, the designated employer can make contributions to PSSAP for the benefit of the member if PSSAP is the member’s chosen fund or stapled fund under the Superannuation Guarantee (Administration) Act 1992.\n\n#### 18 Ordinary employer‑sponsored member of PSSAP\n\n (1) This section sets out the 5 situations in which a person is an ordinary employer‑sponsored member of PSSAP.\n PSSAP is the person’s chosen fund or stapled fund\n (2) If, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(1) or (1A) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(iii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (d) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n PSSAP is the person’s mandated fund\n (3) Subject to subsection (4), if, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (d) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(2) or (6) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (e) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (4) Subsection (3) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n Superannuation Guarantee (Administration) Act 1992 does not apply to the person\n (5) Subject to subsection (6), if:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would not be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (6) Subsection (5) does not apply to a person in relation to particular employment or holding a particular office if:\n (a) the person has, in a manner approved by CSC in writing under this paragraph, chosen not to be an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office; and\n (b) that choice has not been withdrawn.\n Eligible PSSAP member\n (7) Subject to subsections (8) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously was, an ordinary employer‑sponsored member of PSSAP under one or more of subsections (2), (3) and (5); and\n (c) the person is, or previously would have been eligible to become, a member of PSSAP because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible PSSAP member.\n\n (8) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (7) in respect of that employment or the holding of that office.\n Eligible CSS/PSS member or former member\n (8A) Subject to subsections (8B) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously would have been able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months; and\n (c) either:\n (i) the person was a former Australian government superannuation scheme member at the time the Superannuation Amendment (PSSAP Membership) Act 2020 commences; or\n (ii) the person is a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at any time on or after the day the Superannuation Amendment (PSSAP Membership) Act 2020 commences;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible CSS/PSS member or former member.\n\n (8B) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person; or\n (c) paragraph 6(2)(ba) of the Superannuation Act 1990 applies to a person in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (8A) in respect of that employment or the holding of that office.\n Minister may determine class of excluded persons\n (9) A person cannot be an ordinary employer‑sponsored member of PSSAP under subsection (7) or (8A) if the person is included in a class of persons determined in an instrument under subsection (10).\n (10) The Minister may, by legislative instrument, determine a class of persons for the purposes of subsection (9).\n (11) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (10) of this section.\n\n#### 19 Designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) For the purposes of this Act, the following table defines the designated employer of the member.\n\n```html\n

Designated employers

Item

In this case...

the designated employer of the member is...

1

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of an Agency (within the meaning of the Public Service Act 1999)

the Agency.

2

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of a Parliamentary Department

the Parliamentary Department.

3

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item.

4

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is paid by an approved authority

the approved authority.

5

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is not paid by an approved authority

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item; or

(c) a person determined by the Minister in writing under this item.

5A

the person is:

(a) an eligible PSSAP member; or

(b) an eligible CSS/PSS member or former member

if the person has an employer—the employer.

6

none of the above items apply to the member

the authority or body by which the member is employed.

\n```\n\n (3) A determination under item 3 or 5 of the table in subsection (2) may be expressed to relate to a class of members.\n (4) A determination under item 3 or 5 of the table in subsection (2) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under item 3 or 5 of the table in subsection (2) of this section.\n\n## Part 5—Administration\n\n### Division 1—CSC\n\n#### 20 Functions and powers\n\n (1) The functions and powers of CSC in relation to PSSAP and the PSSAP Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n#### 29 Indemnification\n\n (1) Anything done, or omitted to be done, in good faith by a person who is a member of a Reconsideration Advisory Committee established under the Trust Deed in the performance of his or her functions under the Trust Deed does not subject him or her personally to any action, liability, claim or demand.\n (2) Subsection (1) does not prevent CSC from being subject to an action, liability, claim or demand.\n\n> Note: See section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n (5) This section has effect subject to such modifications (if any) as are prescribed by the regulations.\n (6) The regulations may provide that this section ceases to have effect at a specified time.\n\n### Division 3—Ministerial powers\n\n#### 32 Making of certain legislative instruments\n\n (1) This section applies to a declaration, determination or instrument that is:\n (a) made by the Minister under this Act (other than section 10 or 16); and\n (b) a legislative instrument.\n (2) The Minister may not make the declaration, determination or instrument unless:\n (a) CSC has consented to the making of the declaration, determination or instrument; or\n (b) the declaration, determination or instrument:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the declaration, determination or instrument, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the PSSAP Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection is subject to section 34 (costs of administration of Act etc.).\n\n (3) For the purposes of subparagraph (2)(b)(i), a payment by a designated employer under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.\n\n#### 33 Delegation by Minister\n\n The Minister may, by writing, delegate all or any of his or her powers under this Act or the regulations to:\n (a) CSC or an employee of CSC; or\n (aa) a director (within the meaning of the Governance of Australian Government Superannuation Schemes Act 2011); or\n (d) an APS employee in the Department.\n\n### Division 4—Costs of administration\n\n#### 34 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the PSSAP Fund by CSC; and\n (b) the investment of money from the PSSAP Fund;\n are to be paid by CSC out of the PSSAP Fund in accordance with the Trust Deed.\n (2) Subsection 32(2) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n Constitutional safety net—acquisition of property\n (3) If the operation of this section (or the operation of amendments made to the Trust Deed that relate to the costs of the administration of this Act and the Trust Deed) would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (4) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (5) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 37 Payment of fees\n\n (1) The regulations may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the regulations or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The regulations may make provision for and in relation to the refund of any fees paid under subsection (1).\n\n#### 38 CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997\n\n To avoid doubt:\n (a) for the purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997, CSC in its capacity as a superannuation provider is an entity distinct from the Commonwealth; and\n (b) consequently, section 33 of that Act does not affect the liability of CSC under that Act to pay surcharge on the surchargeable contributions of members of PSSAP.\n\n### Division 5—Other administrative matters\n\n#### 39 Amounts payable to the CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Rules may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Rules; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n#### 40 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Rules), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Rules—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.\n\n#### 41 CSC may rely on information supplied by employers or former employers\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been a member of PSSAP, CSC may presume that any information provided to CSC by a designated employer or former designated employer of the person is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act, the regulations or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act, the regulations or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).\n\n#### 42 CSC may require employers to distribute information etc. to members of PSSAP\n\n (1) CSC may:\n (a) send to the designated employer of an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) any document or written information that under:\n (i) this Act; or\n (ii) any other Act;\n CSC is required to send to the member; and\n (b) request the designated employer to give the document or information to the member.\n (2) The designated employer must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must ensure that the confidentiality of any document or information sent to the designated employer for transmission to the member is preserved.\n\n## Part 6—Miscellaneous\n\n#### 43 Ordinary employer‑sponsored member not to be retired on grounds of invalidity without CSC certificate\n\n (1) This section applies to a person who is:\n (a) under the age of 60; and\n (b) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office.\n (2) The member is not capable of being retired from the employment or office on the ground of invalidity unless:\n (a) CSC has approved, under the Rules, the invalidity retirement of the member; and\n (b) CSC has certified in writing under this paragraph that, if the member is so retired, the member will be entitled to receive invalidity benefits under PSSAP.\n (3) A reference in subsection (2) to a member being retired from employment or office includes a reference to the services of the member being otherwise terminated.\n (4) Subsection (2) has effect despite anything contained in any Act, award, determination, agreement or contract of employment.\n\n#### 44 Persons subject to Rules\n\n (1) A person who is, or has ceased to be, a member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person.\n (2) A person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Rules authorised by section 12 is subject to the Rules to the extent that they are applicable in relation to the person.\n (3) A person, authority or body who is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person, authority or body.\n (4) The Commonwealth is subject to the Rules to the extent that they are applicable in relation to the Commonwealth because it is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP.\n\n#### 45 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Regulations may not be made unless:\n (a) CSC has consented to the making of the regulations; or\n (b) the regulations:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the regulations, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the PSSAP Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n (3) For the purposes of subparagraph (2)(b)(i), a payment under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.\n\n#### 46 Regulations relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The regulations may make any provision that is necessary for the purpose of enabling PSSAP to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to PSSAP:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If regulations made for the purposes of subsection (1) are inconsistent with a provision of this Act, the regulations prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":23},{"sectionNumber":"Division 1","sectionType":"division","heading":"CSC","content":"An Act about the Public Sector Superannuation Accumulation Plan (PSSAP), and for related purposes\n\n## Part 1—Introduction\n\n#### 1 Short title\n\n This Act may be cited as the Superannuation Act 2005.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 June 2005

2. Sections 3 to 46

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the Superannuation (Consequential Amendments) Act 2005 receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

29 June 2005

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Simplified outline\n\n The following is a simplified outline of this Act:\n\n• This Act provides for a superannuation scheme, to be known as the Public Sector Superannuation Accumulation Plan (PSSAP).\n\n• Generally, a person is eligible to become a member of PSSAP if he or she is a public sector employee who starts work on or after 1 July 2005.\n\n• Generally, if a person is eligible to become a member of PSSAP, he or she becomes a member if:\n\n(a) he or she chooses to become a member; or\n\n(b) PSSAP is his or her mandated fund.\n\n• A person’s membership of PSSAP continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\n• Employers must pay contributions to PSSAP for the benefit of most ordinary employer‑sponsored members of PSSAP.\n\n• A former public sector employee may be able to be an ordinary employer‑sponsored member of PSSAP. Employers are not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of such a member. However, employers can make contributions to PSSAP for the benefit of such a member if PSSAP is the member’s chosen fund under the Superannuation Guarantee (Administration) Act 1992.\n\n• CSC is responsible for PSSAP.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> approved authority has the meaning given by section 8.\n\n> Australian government superannuation scheme member means a person who is:\n\n (a) a member of the PSS; or\n (b) an eligible employee (within the meaning of the Superannuation Act 1976);\n so long as the Minister has made a declaration that such a person is an Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> basic employer contribution has the same meaning as in the Rules.\n\n> Board has the same meaning as in the Superannuation Act 1990.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> designated employer has the meaning given by section 19.\n\n> eligible CSS/PSS member or former member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(8A).\n\n> eligible PSSAP member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(7).\n\n> employed has a meaning affected by section 6.\n\n> exempt overseas employee has the meaning given by subsection 5(2).\n\n> former Australian government superannuation scheme member means:\n\n (a) a person who is a former member of the PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (b) a person in respect of whom deferred benefits are applicable under the Superannuation Act 1976;\n so long as the Minister has made a declaration that such a person is a former Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> invalidity, in relation to a person, means the person’s inability, because of any mental or physical condition, to perform the duties of his or her employment or office.\n\n> ordinary employer‑sponsored member of PSSAP has the meaning given by section 18.\n\n> Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.\n\n> PSS means the Public Sector Superannuation Scheme within the meaning of the Superannuation Act 1990.\n\n> PSSAP: see Public Sector Superannuation Accumulation Plan.\n\n> PSSAP Fund means the fund established, and vested in the Board, by the Trust Deed.\n\n> Note: From 1 July 2011, the fund is vested in CSC.\n\n> PSS Fund has the same meaning as in the Superannuation Act 1990.\n\n> public sector employee has the meaning given by section 5.\n\n> Public Sector Superannuation Accumulation Plan or PSSAP means the superannuation scheme established by the Trust Deed.\n\n> Rules means the Rules for the administration of PSSAP set out in the Schedule to the Trust Deed.\n\n> statutory office has the meaning given by section 7.\n\n> Trust Deed means:\n\n (a) the deed referred to in section 10; or\n (b) if the deed is amended—the deed as so amended.\n (2) A declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member;\n is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member.\n\n#### 5 Public sector employees\n\n (1) For the purposes of this Act, a person is a public sector employee if, and only if, the person is:\n (a) either:\n (i) employed by the Commonwealth or an approved authority; or\n (ii) the holder of a statutory office; and\n (b) not an exempt overseas employee.\n (1A) To avoid doubt, a person who is a member of the Defence Force is not a public sector employee by reason only of being a member of the Defence Force.\n (2) For the purposes of this Act, a person is an exempt overseas employee if the person is:\n (a) engaged or appointed for employment outside Australia only; and\n (b) not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (2)(b) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) of this section.\n (5) A declaration under paragraph (2)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (6) If:\n (a) a declaration is made under paragraph (2)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 6 Extended meaning of employed\n\n Directors of companies and other bodies corporate\n (1) For the purposes of this Act, if:\n (a) a person is a full‑time director of a company or other body corporate; and\n (b) the company or other body is an approved authority; and\n (c) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory; and\n (d) the person is not specified in a written declaration made by the Minister under this paragraph;\n the person is employed by the company or other body.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) The Minister may, by writing, declare that, for the purposes of this Act, a specified person is employed by a company or other body corporate, so long as:\n (a) the person is a director of the company or other body; and\n (b) the person is not a full‑time director of the company or other body; and\n (c) the company or other body is an approved authority; and\n (d) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (1)(d) or subsection (2) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(d) or subsection (2) of this section.\n\n#### 7 Statutory offices\n\n (1) For the purposes of this Act, a statutory office is:\n (a) an office established by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an office specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (2) A declaration under paragraph (1)(b) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(b) of this section.\n (4) A declaration under paragraph (1)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (5) If:\n (a) a declaration is made under paragraph (1)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a holder of the office to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 8 Approved authorities\n\n (1) This section sets out the 2 situations in which an authority or body is an approved authority for the purposes of this Act.\n Approved authorities under the Superannuation Act 1990\n (2) An authority or body is an approved authority if:\n (a) the authority or body was, at the end of 30 June 2005, an approved authority for the purposes of the Superannuation Act 1990; and\n (b) the authority or body is not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Ministerial declarations\n (3) The Minister may, by writing, declare that an authority or body is an approved authority for the purposes of this Act, so long as the authority or body is:\n (a) a body corporate incorporated for a public purpose by:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an authority or body (other than a body corporate) established for a public purpose by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (c) a company or other body corporate:\n (i) that is incorporated under an Act or a law of a State or Territory; and\n (ii) in which the Commonwealth has a controlling interest; or\n (d) an authority or body that is wholly or substantially financed (whether directly or indirectly) by money provided by the Commonwealth; or\n (e) a company or other body corporate incorporated under an Act or a law of a State or Territory, where:\n (i) an authority or body covered by paragraph (a), (b), (c) or (d), or that is an approved authority because of subsection (2), has a controlling interest in the company or body; or\n (ii) the Commonwealth and one, or more than one, such authority or body together have a controlling interest in the company or body; or\n (iii) 2 or more such authorities or bodies together have a controlling interest in the company or body.\n (4) The Minister must not declare an authority or body to be an approved authority under subsection (3) if the authority or body is an approved authority because of subsection (2).\n Declarations\n (5) A declaration under paragraph (2)(b) or subsection (3) is a legislative instrument.\n (6) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) or subsection (3) of this section.\n (7) A declaration under subsection (3) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n\n#### 9 Application of Act\n\n This Act applies both within and outside Australia.\n\n## Part 2—The Trust Deed\n\n#### 10 Deed to establish PSSAP etc.\n\n (1) Before 1 July 2005, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Public Sector Superannuation Accumulation Plan; and\n (ii) may also be known as PSSAP; and\n (iii) is for the benefit of persons who will be members of PSSAP; and\n (b) establish, and vest in the Board, a fund for the purposes of PSSAP; and\n (c) set out the functions and powers of the Board in relation to PSSAP and the PSSAP Fund.\n (2) The deed under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.\n\n#### 11 Amendment of Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n (2) If compliance with a provision of the Trust Deed as amended under subsection (1) would have the effect that PSSAP:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act;\n that provision is invalid.\n (3) An instrument under subsection (1) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.\n\n#### 12 Family law interest splitting\n\n (1) Without limiting section 10 or 11, the Rules:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Rules; and\n (ii) the benefits of the member spouse are reduced in accordance with the Rules; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this section:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n## Part 3—Members of Public Sector Superannuation Accumulation Plan (PSSAP)\n\n#### 13 Eligibility for membership of PSSAP\n\n (1) A person is eligible to become a member of PSSAP if:\n (a) subject to subsections (2) and (3), the person is:\n (i) a public sector employee; or\n (ii) specified in a written declaration made by the Minister under this subparagraph; or\n (b) subject to subsection (3), the person is an Australian government superannuation scheme member; or\n (c) subject to subsection (3), the person is a former Australian government superannuation scheme member; or\n (d) the person was a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at a time after the commencement of the Superannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee.\n\n> Note: Subparagraph (1)(a)(ii)—for specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A person is not eligible to become a member of PSSAP if:\n (a) the person is a member of PSS (other than a member of the PSS who has made an election under section 6B of the Superannuation Act 1990); or\n (b) the person is a former member of PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (c) the person is a PSS invalidity pensioner (within the meaning of the Superannuation Act 1990); or\n (d) the person is entitled to make an election under section 7 or 8 of the Superannuation Act 1990 that would result in the person becoming a member of PSS; or\n (e) the person is an eligible employee for the purposes of the Superannuation Act 1976; or\n (f) the person is a person to whom the Judges’ Pensions Act 1968 applies; or\n (g) the person is covered by paragraph 6(2)(ba) of the Superannuation Act 1990; or\n (h) the person is specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (3) A person is not eligible to become a member of PSSAP before 1 July 2005.\n Declarations\n (4) A declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) of this section.\n (6) A declaration under subparagraph (1)(a)(ii) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (7) If:\n (a) a declaration is made under subparagraph (1)(a)(ii); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 14 Becoming a member of PSSAP\n\n (1) This section sets out the 2 situations in which a person can become a member of PSSAP.\n Choice to become a member\n (2) If a person is eligible to become a member of PSSAP, the person may, in a manner approved by CSC in writing under this subsection, choose to become a member of PSSAP.\n (3) The effect of making a choice under subsection (2) is that the person becomes a member of PSSAP when the choice is made.\n PSSAP is the person’s mandated fund\n (4) Subject to subsections (5) and (6), if:\n (a) at a particular time:\n (i) a person is in particular employment or holds a particular statutory office; and\n (ii) the person is eligible to be a member of PSSAP because of that employment or holding that office; and\n (iii) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (iv) assuming that the person were to become a member of PSSAP and the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on a provision mentioned in subsection (4A) to satisfy the choice of fund requirements in relation to the contribution; and\n (v) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act; and\n (b) immediately before that time, the person was not a member of PSSAP;\n the person is taken to have become a member of PSSAP at that time.\n\n> Note 1: See also section 16 (PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes).\n\n> Note 2: If a person makes an election under section 6B of the Superannuation Act 1990 to cease to be a member of the PSS, and the PSSAP is the person’s mandated fund, the person is taken to become a member of the PSSAP in accordance with this subsection at the time that the election is given to CSC.\n\n (4A) For the purposes of subparagraph (4)(a)(iv), the provisions are:\n (a) subsection 32C(2) or (6) of the Superannuation Guarantee (Administration) Act 1992; or\n (b) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies.\n\n> Note: Subsection 32C(2), or paragraph 32C(6)(g) or (h), of that Act can only be relied on if the most recent notification from the Commissioner is that there is no stapled fund for the person.\n\n (5) Subsection (4) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n (6) Subsection (4) does not apply to a person at a particular time if:\n (a) the following conditions are satisfied:\n (i) at that time, the person is the holder of a statutory office (within the meaning of the Superannuation Act 1990);\n (ii) the person’s current term of appointment included a day in the financial year beginning on 1 July 2005; or\n (b) the following conditions are satisfied:\n (i) at that time, the person is a temporary employee (within the meaning of the Superannuation Act 1990);\n (ii) if the person’s employment is for a fixed term—the term included a day in the financial year beginning on 1 July 2005;\n (iii) if the person’s employment is not for a fixed term—the period of employment included a day in the financial year beginning on 1 July 2005.\n\n#### 15 Duration of membership of PSSAP\n\n (1) If a person becomes a member of PSSAP, the person’s membership continues until:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Rules:\n (i) that benefit is paid; or\n (ii) if the person dies before that benefit is paid—the death of the person; or\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Rules:\n (i) the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the death of the person; or\n (c) in any other case—the death of the person.\n (2) A person does not cease to be a member of PSSAP merely because the person ceases to be eligible to become a member of PSSAP.\n (3) If a person ceases to be a member of PSSAP, this section does not prevent the person from subsequently becoming a member of PSSAP.\n\n#### 16 PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes\n\n (1) If:\n (a) either:\n (i) a person is eligible to become a member of PSSAP because of particular employment; or\n (ii) a person is a member of PSSAP, and if the person were not a member of PSSAP, the person would be eligible to become a member because of particular employment; and\n (b) that employment is:\n (i) employment as an APS employee; or\n (ii) specified in a written determination made by the Minister under this subparagraph; and\n (c) PSSAP is covered by a paragraph of section 32D of the Superannuation Guarantee (Administration) Act 1992;\n then, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to the person, PSSAP is the sole eligible choice fund for the person’s employer.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A determination under subparagraph (1)(b)(ii) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under subparagraph (1)(b)(ii) of this section.\n (4) In this section:\n\n> employment has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.\n\n> Note: See also section 18A of the Acts Interpretation Act 1901 (parts of speech and grammatical forms).\n\n## Part 4—Contributions\n\n#### 17 Contributions to PSSAP by designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) The designated employer of the member must pay to CSC, in accordance with the Rules, any contributions that, under the Rules, are payable by the employer in respect of the member.\n\n> Note 1: See also section 39 (amounts payable to CSC).\n\n> Note 2: The designated employer of an eligible PSSAP member or an eligible CSS/PSS member or former member is not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of the member. However, the designated employer can make contributions to PSSAP for the benefit of the member if PSSAP is the member’s chosen fund or stapled fund under the Superannuation Guarantee (Administration) Act 1992.\n\n#### 18 Ordinary employer‑sponsored member of PSSAP\n\n (1) This section sets out the 5 situations in which a person is an ordinary employer‑sponsored member of PSSAP.\n PSSAP is the person’s chosen fund or stapled fund\n (2) If, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(1) or (1A) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(iii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (d) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n PSSAP is the person’s mandated fund\n (3) Subject to subsection (4), if, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (d) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(2) or (6) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (e) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (4) Subsection (3) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n Superannuation Guarantee (Administration) Act 1992 does not apply to the person\n (5) Subject to subsection (6), if:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would not be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (6) Subsection (5) does not apply to a person in relation to particular employment or holding a particular office if:\n (a) the person has, in a manner approved by CSC in writing under this paragraph, chosen not to be an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office; and\n (b) that choice has not been withdrawn.\n Eligible PSSAP member\n (7) Subject to subsections (8) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously was, an ordinary employer‑sponsored member of PSSAP under one or more of subsections (2), (3) and (5); and\n (c) the person is, or previously would have been eligible to become, a member of PSSAP because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible PSSAP member.\n\n (8) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (7) in respect of that employment or the holding of that office.\n Eligible CSS/PSS member or former member\n (8A) Subject to subsections (8B) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously would have been able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months; and\n (c) either:\n (i) the person was a former Australian government superannuation scheme member at the time the Superannuation Amendment (PSSAP Membership) Act 2020 commences; or\n (ii) the person is a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at any time on or after the day the Superannuation Amendment (PSSAP Membership) Act 2020 commences;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible CSS/PSS member or former member.\n\n (8B) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person; or\n (c) paragraph 6(2)(ba) of the Superannuation Act 1990 applies to a person in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (8A) in respect of that employment or the holding of that office.\n Minister may determine class of excluded persons\n (9) A person cannot be an ordinary employer‑sponsored member of PSSAP under subsection (7) or (8A) if the person is included in a class of persons determined in an instrument under subsection (10).\n (10) The Minister may, by legislative instrument, determine a class of persons for the purposes of subsection (9).\n (11) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (10) of this section.\n\n#### 19 Designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) For the purposes of this Act, the following table defines the designated employer of the member.\n\n```html\n

Designated employers

Item

In this case...

the designated employer of the member is...

1

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of an Agency (within the meaning of the Public Service Act 1999)

the Agency.

2

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of a Parliamentary Department

the Parliamentary Department.

3

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item.

4

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is paid by an approved authority

the approved authority.

5

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is not paid by an approved authority

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item; or

(c) a person determined by the Minister in writing under this item.

5A

the person is:

(a) an eligible PSSAP member; or

(b) an eligible CSS/PSS member or former member

if the person has an employer—the employer.

6

none of the above items apply to the member

the authority or body by which the member is employed.

\n```\n\n (3) A determination under item 3 or 5 of the table in subsection (2) may be expressed to relate to a class of members.\n (4) A determination under item 3 or 5 of the table in subsection (2) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under item 3 or 5 of the table in subsection (2) of this section.\n\n## Part 5—Administration\n\n### Division 1—CSC\n\n#### 20 Functions and powers\n\n (1) The functions and powers of CSC in relation to PSSAP and the PSSAP Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n#### 29 Indemnification\n\n (1) Anything done, or omitted to be done, in good faith by a person who is a member of a Reconsideration Advisory Committee established under the Trust Deed in the performance of his or her functions under the Trust Deed does not subject him or her personally to any action, liability, claim or demand.\n (2) Subsection (1) does not prevent CSC from being subject to an action, liability, claim or demand.\n\n> Note: See section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n (5) This section has effect subject to such modifications (if any) as are prescribed by the regulations.\n (6) The regulations may provide that this section ceases to have effect at a specified time.\n\n### Division 3—Ministerial powers\n\n#### 32 Making of certain legislative instruments\n\n (1) This section applies to a declaration, determination or instrument that is:\n (a) made by the Minister under this Act (other than section 10 or 16); and\n (b) a legislative instrument.\n (2) The Minister may not make the declaration, determination or instrument unless:\n (a) CSC has consented to the making of the declaration, determination or instrument; or\n (b) the declaration, determination or instrument:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the declaration, determination or instrument, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the PSSAP Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection is subject to section 34 (costs of administration of Act etc.).\n\n (3) For the purposes of subparagraph (2)(b)(i), a payment by a designated employer under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.\n\n#### 33 Delegation by Minister\n\n The Minister may, by writing, delegate all or any of his or her powers under this Act or the regulations to:\n (a) CSC or an employee of CSC; or\n (aa) a director (within the meaning of the Governance of Australian Government Superannuation Schemes Act 2011); or\n (d) an APS employee in the Department.\n\n### Division 4—Costs of administration\n\n#### 34 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the PSSAP Fund by CSC; and\n (b) the investment of money from the PSSAP Fund;\n are to be paid by CSC out of the PSSAP Fund in accordance with the Trust Deed.\n (2) Subsection 32(2) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n Constitutional safety net—acquisition of property\n (3) If the operation of this section (or the operation of amendments made to the Trust Deed that relate to the costs of the administration of this Act and the Trust Deed) would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (4) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (5) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 37 Payment of fees\n\n (1) The regulations may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the regulations or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The regulations may make provision for and in relation to the refund of any fees paid under subsection (1).\n\n#### 38 CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997\n\n To avoid doubt:\n (a) for the purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997, CSC in its capacity as a superannuation provider is an entity distinct from the Commonwealth; and\n (b) consequently, section 33 of that Act does not affect the liability of CSC under that Act to pay surcharge on the surchargeable contributions of members of PSSAP.\n\n### Division 5—Other administrative matters\n\n#### 39 Amounts payable to the CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Rules may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Rules; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n#### 40 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Rules), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Rules—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.\n\n#### 41 CSC may rely on information supplied by employers or former employers\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been a member of PSSAP, CSC may presume that any information provided to CSC by a designated employer or former designated employer of the person is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act, the regulations or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act, the regulations or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).\n\n#### 42 CSC may require employers to distribute information etc. to members of PSSAP\n\n (1) CSC may:\n (a) send to the designated employer of an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) any document or written information that under:\n (i) this Act; or\n (ii) any other Act;\n CSC is required to send to the member; and\n (b) request the designated employer to give the document or information to the member.\n (2) The designated employer must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must ensure that the confidentiality of any document or information sent to the designated employer for transmission to the member is preserved.\n\n## Part 6—Miscellaneous\n\n#### 43 Ordinary employer‑sponsored member not to be retired on grounds of invalidity without CSC certificate\n\n (1) This section applies to a person who is:\n (a) under the age of 60; and\n (b) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office.\n (2) The member is not capable of being retired from the employment or office on the ground of invalidity unless:\n (a) CSC has approved, under the Rules, the invalidity retirement of the member; and\n (b) CSC has certified in writing under this paragraph that, if the member is so retired, the member will be entitled to receive invalidity benefits under PSSAP.\n (3) A reference in subsection (2) to a member being retired from employment or office includes a reference to the services of the member being otherwise terminated.\n (4) Subsection (2) has effect despite anything contained in any Act, award, determination, agreement or contract of employment.\n\n#### 44 Persons subject to Rules\n\n (1) A person who is, or has ceased to be, a member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person.\n (2) A person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Rules authorised by section 12 is subject to the Rules to the extent that they are applicable in relation to the person.\n (3) A person, authority or body who is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person, authority or body.\n (4) The Commonwealth is subject to the Rules to the extent that they are applicable in relation to the Commonwealth because it is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP.\n\n#### 45 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Regulations may not be made unless:\n (a) CSC has consented to the making of the regulations; or\n (b) the regulations:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the regulations, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the PSSAP Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n (3) For the purposes of subparagraph (2)(b)(i), a payment under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.\n\n#### 46 Regulations relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The regulations may make any provision that is necessary for the purpose of enabling PSSAP to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to PSSAP:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If regulations made for the purposes of subsection (1) are inconsistent with a provision of this Act, the regulations prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Functions and powers","content":"#### 20 Functions and powers\n\n (1) The functions and powers of CSC in relation to PSSAP and the PSSAP Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.","sortOrder":25},{"sectionNumber":"29","sectionType":"section","heading":"Indemnification","content":"#### 29 Indemnification\n\n (1) Anything done, or omitted to be done, in good faith by a person who is a member of a Reconsideration Advisory Committee established under the Trust Deed in the performance of his or her functions under the Trust Deed does not subject him or her personally to any action, liability, claim or demand.\n (2) Subsection (1) does not prevent CSC from being subject to an action, liability, claim or demand.\n\n> Note: See section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n (5) This section has effect subject to such modifications (if any) as are prescribed by the regulations.\n (6) The regulations may provide that this section ceases to have effect at a specified time.","sortOrder":26},{"sectionNumber":"Division 3","sectionType":"division","heading":"Ministerial powers","content":"An Act about the Public Sector Superannuation Accumulation Plan (PSSAP), and for related purposes\n\n## Part 1—Introduction\n\n#### 1 Short title\n\n This Act may be cited as the Superannuation Act 2005.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 June 2005

2. Sections 3 to 46

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the Superannuation (Consequential Amendments) Act 2005 receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

29 June 2005

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Simplified outline\n\n The following is a simplified outline of this Act:\n\n• This Act provides for a superannuation scheme, to be known as the Public Sector Superannuation Accumulation Plan (PSSAP).\n\n• Generally, a person is eligible to become a member of PSSAP if he or she is a public sector employee who starts work on or after 1 July 2005.\n\n• Generally, if a person is eligible to become a member of PSSAP, he or she becomes a member if:\n\n(a) he or she chooses to become a member; or\n\n(b) PSSAP is his or her mandated fund.\n\n• A person’s membership of PSSAP continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\n• Employers must pay contributions to PSSAP for the benefit of most ordinary employer‑sponsored members of PSSAP.\n\n• A former public sector employee may be able to be an ordinary employer‑sponsored member of PSSAP. Employers are not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of such a member. However, employers can make contributions to PSSAP for the benefit of such a member if PSSAP is the member’s chosen fund under the Superannuation Guarantee (Administration) Act 1992.\n\n• CSC is responsible for PSSAP.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> approved authority has the meaning given by section 8.\n\n> Australian government superannuation scheme member means a person who is:\n\n (a) a member of the PSS; or\n (b) an eligible employee (within the meaning of the Superannuation Act 1976);\n so long as the Minister has made a declaration that such a person is an Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> basic employer contribution has the same meaning as in the Rules.\n\n> Board has the same meaning as in the Superannuation Act 1990.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> designated employer has the meaning given by section 19.\n\n> eligible CSS/PSS member or former member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(8A).\n\n> eligible PSSAP member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(7).\n\n> employed has a meaning affected by section 6.\n\n> exempt overseas employee has the meaning given by subsection 5(2).\n\n> former Australian government superannuation scheme member means:\n\n (a) a person who is a former member of the PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (b) a person in respect of whom deferred benefits are applicable under the Superannuation Act 1976;\n so long as the Minister has made a declaration that such a person is a former Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> invalidity, in relation to a person, means the person’s inability, because of any mental or physical condition, to perform the duties of his or her employment or office.\n\n> ordinary employer‑sponsored member of PSSAP has the meaning given by section 18.\n\n> Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.\n\n> PSS means the Public Sector Superannuation Scheme within the meaning of the Superannuation Act 1990.\n\n> PSSAP: see Public Sector Superannuation Accumulation Plan.\n\n> PSSAP Fund means the fund established, and vested in the Board, by the Trust Deed.\n\n> Note: From 1 July 2011, the fund is vested in CSC.\n\n> PSS Fund has the same meaning as in the Superannuation Act 1990.\n\n> public sector employee has the meaning given by section 5.\n\n> Public Sector Superannuation Accumulation Plan or PSSAP means the superannuation scheme established by the Trust Deed.\n\n> Rules means the Rules for the administration of PSSAP set out in the Schedule to the Trust Deed.\n\n> statutory office has the meaning given by section 7.\n\n> Trust Deed means:\n\n (a) the deed referred to in section 10; or\n (b) if the deed is amended—the deed as so amended.\n (2) A declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member;\n is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member.\n\n#### 5 Public sector employees\n\n (1) For the purposes of this Act, a person is a public sector employee if, and only if, the person is:\n (a) either:\n (i) employed by the Commonwealth or an approved authority; or\n (ii) the holder of a statutory office; and\n (b) not an exempt overseas employee.\n (1A) To avoid doubt, a person who is a member of the Defence Force is not a public sector employee by reason only of being a member of the Defence Force.\n (2) For the purposes of this Act, a person is an exempt overseas employee if the person is:\n (a) engaged or appointed for employment outside Australia only; and\n (b) not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (2)(b) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) of this section.\n (5) A declaration under paragraph (2)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (6) If:\n (a) a declaration is made under paragraph (2)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 6 Extended meaning of employed\n\n Directors of companies and other bodies corporate\n (1) For the purposes of this Act, if:\n (a) a person is a full‑time director of a company or other body corporate; and\n (b) the company or other body is an approved authority; and\n (c) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory; and\n (d) the person is not specified in a written declaration made by the Minister under this paragraph;\n the person is employed by the company or other body.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) The Minister may, by writing, declare that, for the purposes of this Act, a specified person is employed by a company or other body corporate, so long as:\n (a) the person is a director of the company or other body; and\n (b) the person is not a full‑time director of the company or other body; and\n (c) the company or other body is an approved authority; and\n (d) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (1)(d) or subsection (2) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(d) or subsection (2) of this section.\n\n#### 7 Statutory offices\n\n (1) For the purposes of this Act, a statutory office is:\n (a) an office established by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an office specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (2) A declaration under paragraph (1)(b) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(b) of this section.\n (4) A declaration under paragraph (1)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (5) If:\n (a) a declaration is made under paragraph (1)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a holder of the office to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 8 Approved authorities\n\n (1) This section sets out the 2 situations in which an authority or body is an approved authority for the purposes of this Act.\n Approved authorities under the Superannuation Act 1990\n (2) An authority or body is an approved authority if:\n (a) the authority or body was, at the end of 30 June 2005, an approved authority for the purposes of the Superannuation Act 1990; and\n (b) the authority or body is not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Ministerial declarations\n (3) The Minister may, by writing, declare that an authority or body is an approved authority for the purposes of this Act, so long as the authority or body is:\n (a) a body corporate incorporated for a public purpose by:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an authority or body (other than a body corporate) established for a public purpose by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (c) a company or other body corporate:\n (i) that is incorporated under an Act or a law of a State or Territory; and\n (ii) in which the Commonwealth has a controlling interest; or\n (d) an authority or body that is wholly or substantially financed (whether directly or indirectly) by money provided by the Commonwealth; or\n (e) a company or other body corporate incorporated under an Act or a law of a State or Territory, where:\n (i) an authority or body covered by paragraph (a), (b), (c) or (d), or that is an approved authority because of subsection (2), has a controlling interest in the company or body; or\n (ii) the Commonwealth and one, or more than one, such authority or body together have a controlling interest in the company or body; or\n (iii) 2 or more such authorities or bodies together have a controlling interest in the company or body.\n (4) The Minister must not declare an authority or body to be an approved authority under subsection (3) if the authority or body is an approved authority because of subsection (2).\n Declarations\n (5) A declaration under paragraph (2)(b) or subsection (3) is a legislative instrument.\n (6) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) or subsection (3) of this section.\n (7) A declaration under subsection (3) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n\n#### 9 Application of Act\n\n This Act applies both within and outside Australia.\n\n## Part 2—The Trust Deed\n\n#### 10 Deed to establish PSSAP etc.\n\n (1) Before 1 July 2005, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Public Sector Superannuation Accumulation Plan; and\n (ii) may also be known as PSSAP; and\n (iii) is for the benefit of persons who will be members of PSSAP; and\n (b) establish, and vest in the Board, a fund for the purposes of PSSAP; and\n (c) set out the functions and powers of the Board in relation to PSSAP and the PSSAP Fund.\n (2) The deed under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.\n\n#### 11 Amendment of Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n (2) If compliance with a provision of the Trust Deed as amended under subsection (1) would have the effect that PSSAP:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act;\n that provision is invalid.\n (3) An instrument under subsection (1) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.\n\n#### 12 Family law interest splitting\n\n (1) Without limiting section 10 or 11, the Rules:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Rules; and\n (ii) the benefits of the member spouse are reduced in accordance with the Rules; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this section:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n## Part 3—Members of Public Sector Superannuation Accumulation Plan (PSSAP)\n\n#### 13 Eligibility for membership of PSSAP\n\n (1) A person is eligible to become a member of PSSAP if:\n (a) subject to subsections (2) and (3), the person is:\n (i) a public sector employee; or\n (ii) specified in a written declaration made by the Minister under this subparagraph; or\n (b) subject to subsection (3), the person is an Australian government superannuation scheme member; or\n (c) subject to subsection (3), the person is a former Australian government superannuation scheme member; or\n (d) the person was a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at a time after the commencement of the Superannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee.\n\n> Note: Subparagraph (1)(a)(ii)—for specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A person is not eligible to become a member of PSSAP if:\n (a) the person is a member of PSS (other than a member of the PSS who has made an election under section 6B of the Superannuation Act 1990); or\n (b) the person is a former member of PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (c) the person is a PSS invalidity pensioner (within the meaning of the Superannuation Act 1990); or\n (d) the person is entitled to make an election under section 7 or 8 of the Superannuation Act 1990 that would result in the person becoming a member of PSS; or\n (e) the person is an eligible employee for the purposes of the Superannuation Act 1976; or\n (f) the person is a person to whom the Judges’ Pensions Act 1968 applies; or\n (g) the person is covered by paragraph 6(2)(ba) of the Superannuation Act 1990; or\n (h) the person is specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (3) A person is not eligible to become a member of PSSAP before 1 July 2005.\n Declarations\n (4) A declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) of this section.\n (6) A declaration under subparagraph (1)(a)(ii) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (7) If:\n (a) a declaration is made under subparagraph (1)(a)(ii); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 14 Becoming a member of PSSAP\n\n (1) This section sets out the 2 situations in which a person can become a member of PSSAP.\n Choice to become a member\n (2) If a person is eligible to become a member of PSSAP, the person may, in a manner approved by CSC in writing under this subsection, choose to become a member of PSSAP.\n (3) The effect of making a choice under subsection (2) is that the person becomes a member of PSSAP when the choice is made.\n PSSAP is the person’s mandated fund\n (4) Subject to subsections (5) and (6), if:\n (a) at a particular time:\n (i) a person is in particular employment or holds a particular statutory office; and\n (ii) the person is eligible to be a member of PSSAP because of that employment or holding that office; and\n (iii) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (iv) assuming that the person were to become a member of PSSAP and the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on a provision mentioned in subsection (4A) to satisfy the choice of fund requirements in relation to the contribution; and\n (v) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act; and\n (b) immediately before that time, the person was not a member of PSSAP;\n the person is taken to have become a member of PSSAP at that time.\n\n> Note 1: See also section 16 (PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes).\n\n> Note 2: If a person makes an election under section 6B of the Superannuation Act 1990 to cease to be a member of the PSS, and the PSSAP is the person’s mandated fund, the person is taken to become a member of the PSSAP in accordance with this subsection at the time that the election is given to CSC.\n\n (4A) For the purposes of subparagraph (4)(a)(iv), the provisions are:\n (a) subsection 32C(2) or (6) of the Superannuation Guarantee (Administration) Act 1992; or\n (b) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies.\n\n> Note: Subsection 32C(2), or paragraph 32C(6)(g) or (h), of that Act can only be relied on if the most recent notification from the Commissioner is that there is no stapled fund for the person.\n\n (5) Subsection (4) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n (6) Subsection (4) does not apply to a person at a particular time if:\n (a) the following conditions are satisfied:\n (i) at that time, the person is the holder of a statutory office (within the meaning of the Superannuation Act 1990);\n (ii) the person’s current term of appointment included a day in the financial year beginning on 1 July 2005; or\n (b) the following conditions are satisfied:\n (i) at that time, the person is a temporary employee (within the meaning of the Superannuation Act 1990);\n (ii) if the person’s employment is for a fixed term—the term included a day in the financial year beginning on 1 July 2005;\n (iii) if the person’s employment is not for a fixed term—the period of employment included a day in the financial year beginning on 1 July 2005.\n\n#### 15 Duration of membership of PSSAP\n\n (1) If a person becomes a member of PSSAP, the person’s membership continues until:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Rules:\n (i) that benefit is paid; or\n (ii) if the person dies before that benefit is paid—the death of the person; or\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Rules:\n (i) the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the death of the person; or\n (c) in any other case—the death of the person.\n (2) A person does not cease to be a member of PSSAP merely because the person ceases to be eligible to become a member of PSSAP.\n (3) If a person ceases to be a member of PSSAP, this section does not prevent the person from subsequently becoming a member of PSSAP.\n\n#### 16 PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes\n\n (1) If:\n (a) either:\n (i) a person is eligible to become a member of PSSAP because of particular employment; or\n (ii) a person is a member of PSSAP, and if the person were not a member of PSSAP, the person would be eligible to become a member because of particular employment; and\n (b) that employment is:\n (i) employment as an APS employee; or\n (ii) specified in a written determination made by the Minister under this subparagraph; and\n (c) PSSAP is covered by a paragraph of section 32D of the Superannuation Guarantee (Administration) Act 1992;\n then, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to the person, PSSAP is the sole eligible choice fund for the person’s employer.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A determination under subparagraph (1)(b)(ii) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under subparagraph (1)(b)(ii) of this section.\n (4) In this section:\n\n> employment has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.\n\n> Note: See also section 18A of the Acts Interpretation Act 1901 (parts of speech and grammatical forms).\n\n## Part 4—Contributions\n\n#### 17 Contributions to PSSAP by designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) The designated employer of the member must pay to CSC, in accordance with the Rules, any contributions that, under the Rules, are payable by the employer in respect of the member.\n\n> Note 1: See also section 39 (amounts payable to CSC).\n\n> Note 2: The designated employer of an eligible PSSAP member or an eligible CSS/PSS member or former member is not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of the member. However, the designated employer can make contributions to PSSAP for the benefit of the member if PSSAP is the member’s chosen fund or stapled fund under the Superannuation Guarantee (Administration) Act 1992.\n\n#### 18 Ordinary employer‑sponsored member of PSSAP\n\n (1) This section sets out the 5 situations in which a person is an ordinary employer‑sponsored member of PSSAP.\n PSSAP is the person’s chosen fund or stapled fund\n (2) If, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(1) or (1A) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(iii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (d) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n PSSAP is the person’s mandated fund\n (3) Subject to subsection (4), if, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (d) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(2) or (6) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (e) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (4) Subsection (3) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n Superannuation Guarantee (Administration) Act 1992 does not apply to the person\n (5) Subject to subsection (6), if:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would not be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (6) Subsection (5) does not apply to a person in relation to particular employment or holding a particular office if:\n (a) the person has, in a manner approved by CSC in writing under this paragraph, chosen not to be an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office; and\n (b) that choice has not been withdrawn.\n Eligible PSSAP member\n (7) Subject to subsections (8) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously was, an ordinary employer‑sponsored member of PSSAP under one or more of subsections (2), (3) and (5); and\n (c) the person is, or previously would have been eligible to become, a member of PSSAP because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible PSSAP member.\n\n (8) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (7) in respect of that employment or the holding of that office.\n Eligible CSS/PSS member or former member\n (8A) Subject to subsections (8B) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously would have been able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months; and\n (c) either:\n (i) the person was a former Australian government superannuation scheme member at the time the Superannuation Amendment (PSSAP Membership) Act 2020 commences; or\n (ii) the person is a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at any time on or after the day the Superannuation Amendment (PSSAP Membership) Act 2020 commences;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible CSS/PSS member or former member.\n\n (8B) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person; or\n (c) paragraph 6(2)(ba) of the Superannuation Act 1990 applies to a person in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (8A) in respect of that employment or the holding of that office.\n Minister may determine class of excluded persons\n (9) A person cannot be an ordinary employer‑sponsored member of PSSAP under subsection (7) or (8A) if the person is included in a class of persons determined in an instrument under subsection (10).\n (10) The Minister may, by legislative instrument, determine a class of persons for the purposes of subsection (9).\n (11) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (10) of this section.\n\n#### 19 Designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) For the purposes of this Act, the following table defines the designated employer of the member.\n\n```html\n

Designated employers

Item

In this case...

the designated employer of the member is...

1

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of an Agency (within the meaning of the Public Service Act 1999)

the Agency.

2

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of a Parliamentary Department

the Parliamentary Department.

3

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item.

4

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is paid by an approved authority

the approved authority.

5

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is not paid by an approved authority

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item; or

(c) a person determined by the Minister in writing under this item.

5A

the person is:

(a) an eligible PSSAP member; or

(b) an eligible CSS/PSS member or former member

if the person has an employer—the employer.

6

none of the above items apply to the member

the authority or body by which the member is employed.

\n```\n\n (3) A determination under item 3 or 5 of the table in subsection (2) may be expressed to relate to a class of members.\n (4) A determination under item 3 or 5 of the table in subsection (2) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under item 3 or 5 of the table in subsection (2) of this section.\n\n## Part 5—Administration\n\n### Division 1—CSC\n\n#### 20 Functions and powers\n\n (1) The functions and powers of CSC in relation to PSSAP and the PSSAP Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n#### 29 Indemnification\n\n (1) Anything done, or omitted to be done, in good faith by a person who is a member of a Reconsideration Advisory Committee established under the Trust Deed in the performance of his or her functions under the Trust Deed does not subject him or her personally to any action, liability, claim or demand.\n (2) Subsection (1) does not prevent CSC from being subject to an action, liability, claim or demand.\n\n> Note: See section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n (5) This section has effect subject to such modifications (if any) as are prescribed by the regulations.\n (6) The regulations may provide that this section ceases to have effect at a specified time.\n\n### Division 3—Ministerial powers\n\n#### 32 Making of certain legislative instruments\n\n (1) This section applies to a declaration, determination or instrument that is:\n (a) made by the Minister under this Act (other than section 10 or 16); and\n (b) a legislative instrument.\n (2) The Minister may not make the declaration, determination or instrument unless:\n (a) CSC has consented to the making of the declaration, determination or instrument; or\n (b) the declaration, determination or instrument:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the declaration, determination or instrument, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the PSSAP Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection is subject to section 34 (costs of administration of Act etc.).\n\n (3) For the purposes of subparagraph (2)(b)(i), a payment by a designated employer under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.\n\n#### 33 Delegation by Minister\n\n The Minister may, by writing, delegate all or any of his or her powers under this Act or the regulations to:\n (a) CSC or an employee of CSC; or\n (aa) a director (within the meaning of the Governance of Australian Government Superannuation Schemes Act 2011); or\n (d) an APS employee in the Department.\n\n### Division 4—Costs of administration\n\n#### 34 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the PSSAP Fund by CSC; and\n (b) the investment of money from the PSSAP Fund;\n are to be paid by CSC out of the PSSAP Fund in accordance with the Trust Deed.\n (2) Subsection 32(2) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n Constitutional safety net—acquisition of property\n (3) If the operation of this section (or the operation of amendments made to the Trust Deed that relate to the costs of the administration of this Act and the Trust Deed) would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (4) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (5) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 37 Payment of fees\n\n (1) The regulations may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the regulations or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The regulations may make provision for and in relation to the refund of any fees paid under subsection (1).\n\n#### 38 CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997\n\n To avoid doubt:\n (a) for the purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997, CSC in its capacity as a superannuation provider is an entity distinct from the Commonwealth; and\n (b) consequently, section 33 of that Act does not affect the liability of CSC under that Act to pay surcharge on the surchargeable contributions of members of PSSAP.\n\n### Division 5—Other administrative matters\n\n#### 39 Amounts payable to the CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Rules may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Rules; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n#### 40 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Rules), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Rules—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.\n\n#### 41 CSC may rely on information supplied by employers or former employers\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been a member of PSSAP, CSC may presume that any information provided to CSC by a designated employer or former designated employer of the person is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act, the regulations or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act, the regulations or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).\n\n#### 42 CSC may require employers to distribute information etc. to members of PSSAP\n\n (1) CSC may:\n (a) send to the designated employer of an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) any document or written information that under:\n (i) this Act; or\n (ii) any other Act;\n CSC is required to send to the member; and\n (b) request the designated employer to give the document or information to the member.\n (2) The designated employer must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must ensure that the confidentiality of any document or information sent to the designated employer for transmission to the member is preserved.\n\n## Part 6—Miscellaneous\n\n#### 43 Ordinary employer‑sponsored member not to be retired on grounds of invalidity without CSC certificate\n\n (1) This section applies to a person who is:\n (a) under the age of 60; and\n (b) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office.\n (2) The member is not capable of being retired from the employment or office on the ground of invalidity unless:\n (a) CSC has approved, under the Rules, the invalidity retirement of the member; and\n (b) CSC has certified in writing under this paragraph that, if the member is so retired, the member will be entitled to receive invalidity benefits under PSSAP.\n (3) A reference in subsection (2) to a member being retired from employment or office includes a reference to the services of the member being otherwise terminated.\n (4) Subsection (2) has effect despite anything contained in any Act, award, determination, agreement or contract of employment.\n\n#### 44 Persons subject to Rules\n\n (1) A person who is, or has ceased to be, a member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person.\n (2) A person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Rules authorised by section 12 is subject to the Rules to the extent that they are applicable in relation to the person.\n (3) A person, authority or body who is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person, authority or body.\n (4) The Commonwealth is subject to the Rules to the extent that they are applicable in relation to the Commonwealth because it is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP.\n\n#### 45 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Regulations may not be made unless:\n (a) CSC has consented to the making of the regulations; or\n (b) the regulations:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the regulations, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the PSSAP Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n (3) For the purposes of subparagraph (2)(b)(i), a payment under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.\n\n#### 46 Regulations relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The regulations may make any provision that is necessary for the purpose of enabling PSSAP to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to PSSAP:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If regulations made for the purposes of subsection (1) are inconsistent with a provision of this Act, the regulations prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":27},{"sectionNumber":"32","sectionType":"section","heading":"Making of certain legislative instruments","content":"#### 32 Making of certain legislative instruments\n\n (1) This section applies to a declaration, determination or instrument that is:\n (a) made by the Minister under this Act (other than section 10 or 16); and\n (b) a legislative instrument.\n (2) The Minister may not make the declaration, determination or instrument unless:\n (a) CSC has consented to the making of the declaration, determination or instrument; or\n (b) the declaration, determination or instrument:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the declaration, determination or instrument, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the PSSAP Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection is subject to section 34 (costs of administration of Act etc.).\n\n (3) For the purposes of subparagraph (2)(b)(i), a payment by a designated employer under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.","sortOrder":28},{"sectionNumber":"33","sectionType":"section","heading":"Delegation by Minister","content":"#### 33 Delegation by Minister\n\n The Minister may, by writing, delegate all or any of his or her powers under this Act or the regulations to:\n (a) CSC or an employee of CSC; or\n (aa) a director (within the meaning of the Governance of Australian Government Superannuation Schemes Act 2011); or\n (d) an APS employee in the Department.","sortOrder":29},{"sectionNumber":"Division 4","sectionType":"division","heading":"Costs of administration","content":"An Act about the Public Sector Superannuation Accumulation Plan (PSSAP), and for related purposes\n\n## Part 1—Introduction\n\n#### 1 Short title\n\n This Act may be cited as the Superannuation Act 2005.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 June 2005

2. Sections 3 to 46

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the Superannuation (Consequential Amendments) Act 2005 receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

29 June 2005

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Simplified outline\n\n The following is a simplified outline of this Act:\n\n• This Act provides for a superannuation scheme, to be known as the Public Sector Superannuation Accumulation Plan (PSSAP).\n\n• Generally, a person is eligible to become a member of PSSAP if he or she is a public sector employee who starts work on or after 1 July 2005.\n\n• Generally, if a person is eligible to become a member of PSSAP, he or she becomes a member if:\n\n(a) he or she chooses to become a member; or\n\n(b) PSSAP is his or her mandated fund.\n\n• A person’s membership of PSSAP continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\n• Employers must pay contributions to PSSAP for the benefit of most ordinary employer‑sponsored members of PSSAP.\n\n• A former public sector employee may be able to be an ordinary employer‑sponsored member of PSSAP. Employers are not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of such a member. However, employers can make contributions to PSSAP for the benefit of such a member if PSSAP is the member’s chosen fund under the Superannuation Guarantee (Administration) Act 1992.\n\n• CSC is responsible for PSSAP.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> approved authority has the meaning given by section 8.\n\n> Australian government superannuation scheme member means a person who is:\n\n (a) a member of the PSS; or\n (b) an eligible employee (within the meaning of the Superannuation Act 1976);\n so long as the Minister has made a declaration that such a person is an Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> basic employer contribution has the same meaning as in the Rules.\n\n> Board has the same meaning as in the Superannuation Act 1990.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> designated employer has the meaning given by section 19.\n\n> eligible CSS/PSS member or former member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(8A).\n\n> eligible PSSAP member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(7).\n\n> employed has a meaning affected by section 6.\n\n> exempt overseas employee has the meaning given by subsection 5(2).\n\n> former Australian government superannuation scheme member means:\n\n (a) a person who is a former member of the PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (b) a person in respect of whom deferred benefits are applicable under the Superannuation Act 1976;\n so long as the Minister has made a declaration that such a person is a former Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> invalidity, in relation to a person, means the person’s inability, because of any mental or physical condition, to perform the duties of his or her employment or office.\n\n> ordinary employer‑sponsored member of PSSAP has the meaning given by section 18.\n\n> Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.\n\n> PSS means the Public Sector Superannuation Scheme within the meaning of the Superannuation Act 1990.\n\n> PSSAP: see Public Sector Superannuation Accumulation Plan.\n\n> PSSAP Fund means the fund established, and vested in the Board, by the Trust Deed.\n\n> Note: From 1 July 2011, the fund is vested in CSC.\n\n> PSS Fund has the same meaning as in the Superannuation Act 1990.\n\n> public sector employee has the meaning given by section 5.\n\n> Public Sector Superannuation Accumulation Plan or PSSAP means the superannuation scheme established by the Trust Deed.\n\n> Rules means the Rules for the administration of PSSAP set out in the Schedule to the Trust Deed.\n\n> statutory office has the meaning given by section 7.\n\n> Trust Deed means:\n\n (a) the deed referred to in section 10; or\n (b) if the deed is amended—the deed as so amended.\n (2) A declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member;\n is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member.\n\n#### 5 Public sector employees\n\n (1) For the purposes of this Act, a person is a public sector employee if, and only if, the person is:\n (a) either:\n (i) employed by the Commonwealth or an approved authority; or\n (ii) the holder of a statutory office; and\n (b) not an exempt overseas employee.\n (1A) To avoid doubt, a person who is a member of the Defence Force is not a public sector employee by reason only of being a member of the Defence Force.\n (2) For the purposes of this Act, a person is an exempt overseas employee if the person is:\n (a) engaged or appointed for employment outside Australia only; and\n (b) not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (2)(b) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) of this section.\n (5) A declaration under paragraph (2)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (6) If:\n (a) a declaration is made under paragraph (2)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 6 Extended meaning of employed\n\n Directors of companies and other bodies corporate\n (1) For the purposes of this Act, if:\n (a) a person is a full‑time director of a company or other body corporate; and\n (b) the company or other body is an approved authority; and\n (c) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory; and\n (d) the person is not specified in a written declaration made by the Minister under this paragraph;\n the person is employed by the company or other body.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) The Minister may, by writing, declare that, for the purposes of this Act, a specified person is employed by a company or other body corporate, so long as:\n (a) the person is a director of the company or other body; and\n (b) the person is not a full‑time director of the company or other body; and\n (c) the company or other body is an approved authority; and\n (d) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (1)(d) or subsection (2) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(d) or subsection (2) of this section.\n\n#### 7 Statutory offices\n\n (1) For the purposes of this Act, a statutory office is:\n (a) an office established by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an office specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (2) A declaration under paragraph (1)(b) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(b) of this section.\n (4) A declaration under paragraph (1)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (5) If:\n (a) a declaration is made under paragraph (1)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a holder of the office to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 8 Approved authorities\n\n (1) This section sets out the 2 situations in which an authority or body is an approved authority for the purposes of this Act.\n Approved authorities under the Superannuation Act 1990\n (2) An authority or body is an approved authority if:\n (a) the authority or body was, at the end of 30 June 2005, an approved authority for the purposes of the Superannuation Act 1990; and\n (b) the authority or body is not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Ministerial declarations\n (3) The Minister may, by writing, declare that an authority or body is an approved authority for the purposes of this Act, so long as the authority or body is:\n (a) a body corporate incorporated for a public purpose by:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an authority or body (other than a body corporate) established for a public purpose by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (c) a company or other body corporate:\n (i) that is incorporated under an Act or a law of a State or Territory; and\n (ii) in which the Commonwealth has a controlling interest; or\n (d) an authority or body that is wholly or substantially financed (whether directly or indirectly) by money provided by the Commonwealth; or\n (e) a company or other body corporate incorporated under an Act or a law of a State or Territory, where:\n (i) an authority or body covered by paragraph (a), (b), (c) or (d), or that is an approved authority because of subsection (2), has a controlling interest in the company or body; or\n (ii) the Commonwealth and one, or more than one, such authority or body together have a controlling interest in the company or body; or\n (iii) 2 or more such authorities or bodies together have a controlling interest in the company or body.\n (4) The Minister must not declare an authority or body to be an approved authority under subsection (3) if the authority or body is an approved authority because of subsection (2).\n Declarations\n (5) A declaration under paragraph (2)(b) or subsection (3) is a legislative instrument.\n (6) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) or subsection (3) of this section.\n (7) A declaration under subsection (3) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n\n#### 9 Application of Act\n\n This Act applies both within and outside Australia.\n\n## Part 2—The Trust Deed\n\n#### 10 Deed to establish PSSAP etc.\n\n (1) Before 1 July 2005, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Public Sector Superannuation Accumulation Plan; and\n (ii) may also be known as PSSAP; and\n (iii) is for the benefit of persons who will be members of PSSAP; and\n (b) establish, and vest in the Board, a fund for the purposes of PSSAP; and\n (c) set out the functions and powers of the Board in relation to PSSAP and the PSSAP Fund.\n (2) The deed under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.\n\n#### 11 Amendment of Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n (2) If compliance with a provision of the Trust Deed as amended under subsection (1) would have the effect that PSSAP:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act;\n that provision is invalid.\n (3) An instrument under subsection (1) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.\n\n#### 12 Family law interest splitting\n\n (1) Without limiting section 10 or 11, the Rules:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Rules; and\n (ii) the benefits of the member spouse are reduced in accordance with the Rules; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this section:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n## Part 3—Members of Public Sector Superannuation Accumulation Plan (PSSAP)\n\n#### 13 Eligibility for membership of PSSAP\n\n (1) A person is eligible to become a member of PSSAP if:\n (a) subject to subsections (2) and (3), the person is:\n (i) a public sector employee; or\n (ii) specified in a written declaration made by the Minister under this subparagraph; or\n (b) subject to subsection (3), the person is an Australian government superannuation scheme member; or\n (c) subject to subsection (3), the person is a former Australian government superannuation scheme member; or\n (d) the person was a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at a time after the commencement of the Superannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee.\n\n> Note: Subparagraph (1)(a)(ii)—for specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A person is not eligible to become a member of PSSAP if:\n (a) the person is a member of PSS (other than a member of the PSS who has made an election under section 6B of the Superannuation Act 1990); or\n (b) the person is a former member of PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (c) the person is a PSS invalidity pensioner (within the meaning of the Superannuation Act 1990); or\n (d) the person is entitled to make an election under section 7 or 8 of the Superannuation Act 1990 that would result in the person becoming a member of PSS; or\n (e) the person is an eligible employee for the purposes of the Superannuation Act 1976; or\n (f) the person is a person to whom the Judges’ Pensions Act 1968 applies; or\n (g) the person is covered by paragraph 6(2)(ba) of the Superannuation Act 1990; or\n (h) the person is specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (3) A person is not eligible to become a member of PSSAP before 1 July 2005.\n Declarations\n (4) A declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) of this section.\n (6) A declaration under subparagraph (1)(a)(ii) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (7) If:\n (a) a declaration is made under subparagraph (1)(a)(ii); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 14 Becoming a member of PSSAP\n\n (1) This section sets out the 2 situations in which a person can become a member of PSSAP.\n Choice to become a member\n (2) If a person is eligible to become a member of PSSAP, the person may, in a manner approved by CSC in writing under this subsection, choose to become a member of PSSAP.\n (3) The effect of making a choice under subsection (2) is that the person becomes a member of PSSAP when the choice is made.\n PSSAP is the person’s mandated fund\n (4) Subject to subsections (5) and (6), if:\n (a) at a particular time:\n (i) a person is in particular employment or holds a particular statutory office; and\n (ii) the person is eligible to be a member of PSSAP because of that employment or holding that office; and\n (iii) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (iv) assuming that the person were to become a member of PSSAP and the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on a provision mentioned in subsection (4A) to satisfy the choice of fund requirements in relation to the contribution; and\n (v) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act; and\n (b) immediately before that time, the person was not a member of PSSAP;\n the person is taken to have become a member of PSSAP at that time.\n\n> Note 1: See also section 16 (PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes).\n\n> Note 2: If a person makes an election under section 6B of the Superannuation Act 1990 to cease to be a member of the PSS, and the PSSAP is the person’s mandated fund, the person is taken to become a member of the PSSAP in accordance with this subsection at the time that the election is given to CSC.\n\n (4A) For the purposes of subparagraph (4)(a)(iv), the provisions are:\n (a) subsection 32C(2) or (6) of the Superannuation Guarantee (Administration) Act 1992; or\n (b) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies.\n\n> Note: Subsection 32C(2), or paragraph 32C(6)(g) or (h), of that Act can only be relied on if the most recent notification from the Commissioner is that there is no stapled fund for the person.\n\n (5) Subsection (4) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n (6) Subsection (4) does not apply to a person at a particular time if:\n (a) the following conditions are satisfied:\n (i) at that time, the person is the holder of a statutory office (within the meaning of the Superannuation Act 1990);\n (ii) the person’s current term of appointment included a day in the financial year beginning on 1 July 2005; or\n (b) the following conditions are satisfied:\n (i) at that time, the person is a temporary employee (within the meaning of the Superannuation Act 1990);\n (ii) if the person’s employment is for a fixed term—the term included a day in the financial year beginning on 1 July 2005;\n (iii) if the person’s employment is not for a fixed term—the period of employment included a day in the financial year beginning on 1 July 2005.\n\n#### 15 Duration of membership of PSSAP\n\n (1) If a person becomes a member of PSSAP, the person’s membership continues until:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Rules:\n (i) that benefit is paid; or\n (ii) if the person dies before that benefit is paid—the death of the person; or\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Rules:\n (i) the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the death of the person; or\n (c) in any other case—the death of the person.\n (2) A person does not cease to be a member of PSSAP merely because the person ceases to be eligible to become a member of PSSAP.\n (3) If a person ceases to be a member of PSSAP, this section does not prevent the person from subsequently becoming a member of PSSAP.\n\n#### 16 PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes\n\n (1) If:\n (a) either:\n (i) a person is eligible to become a member of PSSAP because of particular employment; or\n (ii) a person is a member of PSSAP, and if the person were not a member of PSSAP, the person would be eligible to become a member because of particular employment; and\n (b) that employment is:\n (i) employment as an APS employee; or\n (ii) specified in a written determination made by the Minister under this subparagraph; and\n (c) PSSAP is covered by a paragraph of section 32D of the Superannuation Guarantee (Administration) Act 1992;\n then, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to the person, PSSAP is the sole eligible choice fund for the person’s employer.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A determination under subparagraph (1)(b)(ii) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under subparagraph (1)(b)(ii) of this section.\n (4) In this section:\n\n> employment has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.\n\n> Note: See also section 18A of the Acts Interpretation Act 1901 (parts of speech and grammatical forms).\n\n## Part 4—Contributions\n\n#### 17 Contributions to PSSAP by designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) The designated employer of the member must pay to CSC, in accordance with the Rules, any contributions that, under the Rules, are payable by the employer in respect of the member.\n\n> Note 1: See also section 39 (amounts payable to CSC).\n\n> Note 2: The designated employer of an eligible PSSAP member or an eligible CSS/PSS member or former member is not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of the member. However, the designated employer can make contributions to PSSAP for the benefit of the member if PSSAP is the member’s chosen fund or stapled fund under the Superannuation Guarantee (Administration) Act 1992.\n\n#### 18 Ordinary employer‑sponsored member of PSSAP\n\n (1) This section sets out the 5 situations in which a person is an ordinary employer‑sponsored member of PSSAP.\n PSSAP is the person’s chosen fund or stapled fund\n (2) If, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(1) or (1A) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(iii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (d) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n PSSAP is the person’s mandated fund\n (3) Subject to subsection (4), if, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (d) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(2) or (6) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (e) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (4) Subsection (3) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n Superannuation Guarantee (Administration) Act 1992 does not apply to the person\n (5) Subject to subsection (6), if:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would not be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (6) Subsection (5) does not apply to a person in relation to particular employment or holding a particular office if:\n (a) the person has, in a manner approved by CSC in writing under this paragraph, chosen not to be an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office; and\n (b) that choice has not been withdrawn.\n Eligible PSSAP member\n (7) Subject to subsections (8) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously was, an ordinary employer‑sponsored member of PSSAP under one or more of subsections (2), (3) and (5); and\n (c) the person is, or previously would have been eligible to become, a member of PSSAP because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible PSSAP member.\n\n (8) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (7) in respect of that employment or the holding of that office.\n Eligible CSS/PSS member or former member\n (8A) Subject to subsections (8B) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously would have been able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months; and\n (c) either:\n (i) the person was a former Australian government superannuation scheme member at the time the Superannuation Amendment (PSSAP Membership) Act 2020 commences; or\n (ii) the person is a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at any time on or after the day the Superannuation Amendment (PSSAP Membership) Act 2020 commences;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible CSS/PSS member or former member.\n\n (8B) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person; or\n (c) paragraph 6(2)(ba) of the Superannuation Act 1990 applies to a person in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (8A) in respect of that employment or the holding of that office.\n Minister may determine class of excluded persons\n (9) A person cannot be an ordinary employer‑sponsored member of PSSAP under subsection (7) or (8A) if the person is included in a class of persons determined in an instrument under subsection (10).\n (10) The Minister may, by legislative instrument, determine a class of persons for the purposes of subsection (9).\n (11) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (10) of this section.\n\n#### 19 Designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) For the purposes of this Act, the following table defines the designated employer of the member.\n\n```html\n

Designated employers

Item

In this case...

the designated employer of the member is...

1

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of an Agency (within the meaning of the Public Service Act 1999)

the Agency.

2

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of a Parliamentary Department

the Parliamentary Department.

3

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item.

4

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is paid by an approved authority

the approved authority.

5

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is not paid by an approved authority

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item; or

(c) a person determined by the Minister in writing under this item.

5A

the person is:

(a) an eligible PSSAP member; or

(b) an eligible CSS/PSS member or former member

if the person has an employer—the employer.

6

none of the above items apply to the member

the authority or body by which the member is employed.

\n```\n\n (3) A determination under item 3 or 5 of the table in subsection (2) may be expressed to relate to a class of members.\n (4) A determination under item 3 or 5 of the table in subsection (2) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under item 3 or 5 of the table in subsection (2) of this section.\n\n## Part 5—Administration\n\n### Division 1—CSC\n\n#### 20 Functions and powers\n\n (1) The functions and powers of CSC in relation to PSSAP and the PSSAP Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n#### 29 Indemnification\n\n (1) Anything done, or omitted to be done, in good faith by a person who is a member of a Reconsideration Advisory Committee established under the Trust Deed in the performance of his or her functions under the Trust Deed does not subject him or her personally to any action, liability, claim or demand.\n (2) Subsection (1) does not prevent CSC from being subject to an action, liability, claim or demand.\n\n> Note: See section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n (5) This section has effect subject to such modifications (if any) as are prescribed by the regulations.\n (6) The regulations may provide that this section ceases to have effect at a specified time.\n\n### Division 3—Ministerial powers\n\n#### 32 Making of certain legislative instruments\n\n (1) This section applies to a declaration, determination or instrument that is:\n (a) made by the Minister under this Act (other than section 10 or 16); and\n (b) a legislative instrument.\n (2) The Minister may not make the declaration, determination or instrument unless:\n (a) CSC has consented to the making of the declaration, determination or instrument; or\n (b) the declaration, determination or instrument:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the declaration, determination or instrument, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the PSSAP Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection is subject to section 34 (costs of administration of Act etc.).\n\n (3) For the purposes of subparagraph (2)(b)(i), a payment by a designated employer under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.\n\n#### 33 Delegation by Minister\n\n The Minister may, by writing, delegate all or any of his or her powers under this Act or the regulations to:\n (a) CSC or an employee of CSC; or\n (aa) a director (within the meaning of the Governance of Australian Government Superannuation Schemes Act 2011); or\n (d) an APS employee in the Department.\n\n### Division 4—Costs of administration\n\n#### 34 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the PSSAP Fund by CSC; and\n (b) the investment of money from the PSSAP Fund;\n are to be paid by CSC out of the PSSAP Fund in accordance with the Trust Deed.\n (2) Subsection 32(2) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n Constitutional safety net—acquisition of property\n (3) If the operation of this section (or the operation of amendments made to the Trust Deed that relate to the costs of the administration of this Act and the Trust Deed) would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (4) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (5) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 37 Payment of fees\n\n (1) The regulations may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the regulations or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The regulations may make provision for and in relation to the refund of any fees paid under subsection (1).\n\n#### 38 CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997\n\n To avoid doubt:\n (a) for the purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997, CSC in its capacity as a superannuation provider is an entity distinct from the Commonwealth; and\n (b) consequently, section 33 of that Act does not affect the liability of CSC under that Act to pay surcharge on the surchargeable contributions of members of PSSAP.\n\n### Division 5—Other administrative matters\n\n#### 39 Amounts payable to the CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Rules may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Rules; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n#### 40 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Rules), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Rules—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.\n\n#### 41 CSC may rely on information supplied by employers or former employers\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been a member of PSSAP, CSC may presume that any information provided to CSC by a designated employer or former designated employer of the person is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act, the regulations or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act, the regulations or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).\n\n#### 42 CSC may require employers to distribute information etc. to members of PSSAP\n\n (1) CSC may:\n (a) send to the designated employer of an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) any document or written information that under:\n (i) this Act; or\n (ii) any other Act;\n CSC is required to send to the member; and\n (b) request the designated employer to give the document or information to the member.\n (2) The designated employer must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must ensure that the confidentiality of any document or information sent to the designated employer for transmission to the member is preserved.\n\n## Part 6—Miscellaneous\n\n#### 43 Ordinary employer‑sponsored member not to be retired on grounds of invalidity without CSC certificate\n\n (1) This section applies to a person who is:\n (a) under the age of 60; and\n (b) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office.\n (2) The member is not capable of being retired from the employment or office on the ground of invalidity unless:\n (a) CSC has approved, under the Rules, the invalidity retirement of the member; and\n (b) CSC has certified in writing under this paragraph that, if the member is so retired, the member will be entitled to receive invalidity benefits under PSSAP.\n (3) A reference in subsection (2) to a member being retired from employment or office includes a reference to the services of the member being otherwise terminated.\n (4) Subsection (2) has effect despite anything contained in any Act, award, determination, agreement or contract of employment.\n\n#### 44 Persons subject to Rules\n\n (1) A person who is, or has ceased to be, a member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person.\n (2) A person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Rules authorised by section 12 is subject to the Rules to the extent that they are applicable in relation to the person.\n (3) A person, authority or body who is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person, authority or body.\n (4) The Commonwealth is subject to the Rules to the extent that they are applicable in relation to the Commonwealth because it is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP.\n\n#### 45 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Regulations may not be made unless:\n (a) CSC has consented to the making of the regulations; or\n (b) the regulations:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the regulations, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the PSSAP Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n (3) For the purposes of subparagraph (2)(b)(i), a payment under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.\n\n#### 46 Regulations relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The regulations may make any provision that is necessary for the purpose of enabling PSSAP to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to PSSAP:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If regulations made for the purposes of subsection (1) are inconsistent with a provision of this Act, the regulations prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Costs of administration of Act etc.","content":"#### 34 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the PSSAP Fund by CSC; and\n (b) the investment of money from the PSSAP Fund;\n are to be paid by CSC out of the PSSAP Fund in accordance with the Trust Deed.\n (2) Subsection 32(2) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n Constitutional safety net—acquisition of property\n (3) If the operation of this section (or the operation of amendments made to the Trust Deed that relate to the costs of the administration of this Act and the Trust Deed) would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (4) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (5) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":31},{"sectionNumber":"37","sectionType":"section","heading":"Payment of fees","content":"#### 37 Payment of fees\n\n (1) The regulations may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the regulations or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The regulations may make provision for and in relation to the refund of any fees paid under subsection (1).","sortOrder":32},{"sectionNumber":"38","sectionType":"section","heading":"CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997","content":"#### 38 CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997\n\n To avoid doubt:\n (a) for the purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997, CSC in its capacity as a superannuation provider is an entity distinct from the Commonwealth; and\n (b) consequently, section 33 of that Act does not affect the liability of CSC under that Act to pay surcharge on the surchargeable contributions of members of PSSAP.","sortOrder":33},{"sectionNumber":"Division 5","sectionType":"division","heading":"Other administrative matters","content":"An Act about the Public Sector Superannuation Accumulation Plan (PSSAP), and for related purposes\n\n## Part 1—Introduction\n\n#### 1 Short title\n\n This Act may be cited as the Superannuation Act 2005.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 June 2005

2. Sections 3 to 46

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the Superannuation (Consequential Amendments) Act 2005 receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

29 June 2005

(paragraph (a) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Simplified outline\n\n The following is a simplified outline of this Act:\n\n• This Act provides for a superannuation scheme, to be known as the Public Sector Superannuation Accumulation Plan (PSSAP).\n\n• Generally, a person is eligible to become a member of PSSAP if he or she is a public sector employee who starts work on or after 1 July 2005.\n\n• Generally, if a person is eligible to become a member of PSSAP, he or she becomes a member if:\n\n(a) he or she chooses to become a member; or\n\n(b) PSSAP is his or her mandated fund.\n\n• A person’s membership of PSSAP continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.\n\n• Employers must pay contributions to PSSAP for the benefit of most ordinary employer‑sponsored members of PSSAP.\n\n• A former public sector employee may be able to be an ordinary employer‑sponsored member of PSSAP. Employers are not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of such a member. However, employers can make contributions to PSSAP for the benefit of such a member if PSSAP is the member’s chosen fund under the Superannuation Guarantee (Administration) Act 1992.\n\n• CSC is responsible for PSSAP.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> approved authority has the meaning given by section 8.\n\n> Australian government superannuation scheme member means a person who is:\n\n (a) a member of the PSS; or\n (b) an eligible employee (within the meaning of the Superannuation Act 1976);\n so long as the Minister has made a declaration that such a person is an Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> basic employer contribution has the same meaning as in the Rules.\n\n> Board has the same meaning as in the Superannuation Act 1990.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> designated employer has the meaning given by section 19.\n\n> eligible CSS/PSS member or former member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(8A).\n\n> eligible PSSAP member means a person who is an ordinary employer‑sponsored member of PSSAP under subsection 18(7).\n\n> employed has a meaning affected by section 6.\n\n> exempt overseas employee has the meaning given by subsection 5(2).\n\n> former Australian government superannuation scheme member means:\n\n (a) a person who is a former member of the PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (b) a person in respect of whom deferred benefits are applicable under the Superannuation Act 1976;\n so long as the Minister has made a declaration that such a person is a former Australian government superannuation scheme member.\n\n> Note: See also subsections (2) and (3).\n\n> invalidity, in relation to a person, means the person’s inability, because of any mental or physical condition, to perform the duties of his or her employment or office.\n\n> ordinary employer‑sponsored member of PSSAP has the meaning given by section 18.\n\n> Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.\n\n> PSS means the Public Sector Superannuation Scheme within the meaning of the Superannuation Act 1990.\n\n> PSSAP: see Public Sector Superannuation Accumulation Plan.\n\n> PSSAP Fund means the fund established, and vested in the Board, by the Trust Deed.\n\n> Note: From 1 July 2011, the fund is vested in CSC.\n\n> PSS Fund has the same meaning as in the Superannuation Act 1990.\n\n> public sector employee has the meaning given by section 5.\n\n> Public Sector Superannuation Accumulation Plan or PSSAP means the superannuation scheme established by the Trust Deed.\n\n> Rules means the Rules for the administration of PSSAP set out in the Schedule to the Trust Deed.\n\n> statutory office has the meaning given by section 7.\n\n> Trust Deed means:\n\n (a) the deed referred to in section 10; or\n (b) if the deed is amended—the deed as so amended.\n (2) A declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member;\n is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under:\n (a) the definition of Australian government superannuation scheme member; or\n (b) the definition of former Australian government superannuation scheme member.\n\n#### 5 Public sector employees\n\n (1) For the purposes of this Act, a person is a public sector employee if, and only if, the person is:\n (a) either:\n (i) employed by the Commonwealth or an approved authority; or\n (ii) the holder of a statutory office; and\n (b) not an exempt overseas employee.\n (1A) To avoid doubt, a person who is a member of the Defence Force is not a public sector employee by reason only of being a member of the Defence Force.\n (2) For the purposes of this Act, a person is an exempt overseas employee if the person is:\n (a) engaged or appointed for employment outside Australia only; and\n (b) not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (2)(b) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) of this section.\n (5) A declaration under paragraph (2)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (6) If:\n (a) a declaration is made under paragraph (2)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 6 Extended meaning of employed\n\n Directors of companies and other bodies corporate\n (1) For the purposes of this Act, if:\n (a) a person is a full‑time director of a company or other body corporate; and\n (b) the company or other body is an approved authority; and\n (c) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory; and\n (d) the person is not specified in a written declaration made by the Minister under this paragraph;\n the person is employed by the company or other body.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) The Minister may, by writing, declare that, for the purposes of this Act, a specified person is employed by a company or other body corporate, so long as:\n (a) the person is a director of the company or other body; and\n (b) the person is not a full‑time director of the company or other body; and\n (c) the company or other body is an approved authority; and\n (d) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (3) A declaration under paragraph (1)(d) or subsection (2) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(d) or subsection (2) of this section.\n\n#### 7 Statutory offices\n\n (1) For the purposes of this Act, a statutory office is:\n (a) an office established by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an office specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Declarations\n (2) A declaration under paragraph (1)(b) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(b) of this section.\n (4) A declaration under paragraph (1)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (5) If:\n (a) a declaration is made under paragraph (1)(b); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a holder of the office to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 8 Approved authorities\n\n (1) This section sets out the 2 situations in which an authority or body is an approved authority for the purposes of this Act.\n Approved authorities under the Superannuation Act 1990\n (2) An authority or body is an approved authority if:\n (a) the authority or body was, at the end of 30 June 2005, an approved authority for the purposes of the Superannuation Act 1990; and\n (b) the authority or body is not specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n Ministerial declarations\n (3) The Minister may, by writing, declare that an authority or body is an approved authority for the purposes of this Act, so long as the authority or body is:\n (a) a body corporate incorporated for a public purpose by:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (b) an authority or body (other than a body corporate) established for a public purpose by or under:\n (i) an Act; or\n (ii) regulations made under an Act; or\n (iii) a law of a Territory; or\n (c) a company or other body corporate:\n (i) that is incorporated under an Act or a law of a State or Territory; and\n (ii) in which the Commonwealth has a controlling interest; or\n (d) an authority or body that is wholly or substantially financed (whether directly or indirectly) by money provided by the Commonwealth; or\n (e) a company or other body corporate incorporated under an Act or a law of a State or Territory, where:\n (i) an authority or body covered by paragraph (a), (b), (c) or (d), or that is an approved authority because of subsection (2), has a controlling interest in the company or body; or\n (ii) the Commonwealth and one, or more than one, such authority or body together have a controlling interest in the company or body; or\n (iii) 2 or more such authorities or bodies together have a controlling interest in the company or body.\n (4) The Minister must not declare an authority or body to be an approved authority under subsection (3) if the authority or body is an approved authority because of subsection (2).\n Declarations\n (5) A declaration under paragraph (2)(b) or subsection (3) is a legislative instrument.\n (6) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) or subsection (3) of this section.\n (7) A declaration under subsection (3) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n\n#### 9 Application of Act\n\n This Act applies both within and outside Australia.\n\n## Part 2—The Trust Deed\n\n#### 10 Deed to establish PSSAP etc.\n\n (1) Before 1 July 2005, the Minister must, for and on behalf of the Commonwealth, by deed:\n (a) establish a superannuation scheme that:\n (i) is to be known as the Public Sector Superannuation Accumulation Plan; and\n (ii) may also be known as PSSAP; and\n (iii) is for the benefit of persons who will be members of PSSAP; and\n (b) establish, and vest in the Board, a fund for the purposes of PSSAP; and\n (c) set out the functions and powers of the Board in relation to PSSAP and the PSSAP Fund.\n (2) The deed under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the deed.\n\n#### 11 Amendment of Trust Deed\n\n (1) The Minister may, by writing, amend the Trust Deed.\n (2) If compliance with a provision of the Trust Deed as amended under subsection (1) would have the effect that PSSAP:\n (a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or\n (b) would not comply with that Act;\n that provision is invalid.\n (3) An instrument under subsection (1) is a legislative instrument.\n (4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.\n\n#### 12 Family law interest splitting\n\n (1) Without limiting section 10 or 11, the Rules:\n (a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:\n (i) the non‑member spouse is entitled to benefits determined in accordance with the Rules; and\n (ii) the benefits of the member spouse are reduced in accordance with the Rules; and\n (b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a).\n (2) In this section:\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting agreement means:\n\n (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n## Part 3—Members of Public Sector Superannuation Accumulation Plan (PSSAP)\n\n#### 13 Eligibility for membership of PSSAP\n\n (1) A person is eligible to become a member of PSSAP if:\n (a) subject to subsections (2) and (3), the person is:\n (i) a public sector employee; or\n (ii) specified in a written declaration made by the Minister under this subparagraph; or\n (b) subject to subsection (3), the person is an Australian government superannuation scheme member; or\n (c) subject to subsection (3), the person is a former Australian government superannuation scheme member; or\n (d) the person was a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at a time after the commencement of the Superannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee.\n\n> Note: Subparagraph (1)(a)(ii)—for specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A person is not eligible to become a member of PSSAP if:\n (a) the person is a member of PSS (other than a member of the PSS who has made an election under section 6B of the Superannuation Act 1990); or\n (b) the person is a former member of PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n (c) the person is a PSS invalidity pensioner (within the meaning of the Superannuation Act 1990); or\n (d) the person is entitled to make an election under section 7 or 8 of the Superannuation Act 1990 that would result in the person becoming a member of PSS; or\n (e) the person is an eligible employee for the purposes of the Superannuation Act 1976; or\n (f) the person is a person to whom the Judges’ Pensions Act 1968 applies; or\n (g) the person is covered by paragraph 6(2)(ba) of the Superannuation Act 1990; or\n (h) the person is specified in a written declaration made by the Minister under this paragraph.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (3) A person is not eligible to become a member of PSSAP before 1 July 2005.\n Declarations\n (4) A declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) of this section.\n (6) A declaration under subparagraph (1)(a)(ii) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.\n (7) If:\n (a) a declaration is made under subparagraph (1)(a)(ii); and\n (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;\n the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.\n\n#### 14 Becoming a member of PSSAP\n\n (1) This section sets out the 2 situations in which a person can become a member of PSSAP.\n Choice to become a member\n (2) If a person is eligible to become a member of PSSAP, the person may, in a manner approved by CSC in writing under this subsection, choose to become a member of PSSAP.\n (3) The effect of making a choice under subsection (2) is that the person becomes a member of PSSAP when the choice is made.\n PSSAP is the person’s mandated fund\n (4) Subject to subsections (5) and (6), if:\n (a) at a particular time:\n (i) a person is in particular employment or holds a particular statutory office; and\n (ii) the person is eligible to be a member of PSSAP because of that employment or holding that office; and\n (iii) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (iv) assuming that the person were to become a member of PSSAP and the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on a provision mentioned in subsection (4A) to satisfy the choice of fund requirements in relation to the contribution; and\n (v) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act; and\n (b) immediately before that time, the person was not a member of PSSAP;\n the person is taken to have become a member of PSSAP at that time.\n\n> Note 1: See also section 16 (PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes).\n\n> Note 2: If a person makes an election under section 6B of the Superannuation Act 1990 to cease to be a member of the PSS, and the PSSAP is the person’s mandated fund, the person is taken to become a member of the PSSAP in accordance with this subsection at the time that the election is given to CSC.\n\n (4A) For the purposes of subparagraph (4)(a)(iv), the provisions are:\n (a) subsection 32C(2) or (6) of the Superannuation Guarantee (Administration) Act 1992; or\n (b) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies.\n\n> Note: Subsection 32C(2), or paragraph 32C(6)(g) or (h), of that Act can only be relied on if the most recent notification from the Commissioner is that there is no stapled fund for the person.\n\n (5) Subsection (4) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n (6) Subsection (4) does not apply to a person at a particular time if:\n (a) the following conditions are satisfied:\n (i) at that time, the person is the holder of a statutory office (within the meaning of the Superannuation Act 1990);\n (ii) the person’s current term of appointment included a day in the financial year beginning on 1 July 2005; or\n (b) the following conditions are satisfied:\n (i) at that time, the person is a temporary employee (within the meaning of the Superannuation Act 1990);\n (ii) if the person’s employment is for a fixed term—the term included a day in the financial year beginning on 1 July 2005;\n (iii) if the person’s employment is not for a fixed term—the period of employment included a day in the financial year beginning on 1 July 2005.\n\n#### 15 Duration of membership of PSSAP\n\n (1) If a person becomes a member of PSSAP, the person’s membership continues until:\n (a) if there is only one occasion on which a benefit is payable to or in respect of the member in accordance with the Rules:\n (i) that benefit is paid; or\n (ii) if the person dies before that benefit is paid—the death of the person; or\n (b) if there are 2 or more occasions on which a benefit is paid to or in respect of the member in accordance with the Rules:\n (i) the last of those benefits is paid; or\n (ii) if the person dies before the last of those benefits is paid—the death of the person; or\n (c) in any other case—the death of the person.\n (2) A person does not cease to be a member of PSSAP merely because the person ceases to be eligible to become a member of PSSAP.\n (3) If a person ceases to be a member of PSSAP, this section does not prevent the person from subsequently becoming a member of PSSAP.\n\n#### 16 PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes\n\n (1) If:\n (a) either:\n (i) a person is eligible to become a member of PSSAP because of particular employment; or\n (ii) a person is a member of PSSAP, and if the person were not a member of PSSAP, the person would be eligible to become a member because of particular employment; and\n (b) that employment is:\n (i) employment as an APS employee; or\n (ii) specified in a written determination made by the Minister under this subparagraph; and\n (c) PSSAP is covered by a paragraph of section 32D of the Superannuation Guarantee (Administration) Act 1992;\n then, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to the person, PSSAP is the sole eligible choice fund for the person’s employer.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n (2) A determination under subparagraph (1)(b)(ii) is a legislative instrument.\n (3) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under subparagraph (1)(b)(ii) of this section.\n (4) In this section:\n\n> employment has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.\n\n> Note: See also section 18A of the Acts Interpretation Act 1901 (parts of speech and grammatical forms).\n\n## Part 4—Contributions\n\n#### 17 Contributions to PSSAP by designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) The designated employer of the member must pay to CSC, in accordance with the Rules, any contributions that, under the Rules, are payable by the employer in respect of the member.\n\n> Note 1: See also section 39 (amounts payable to CSC).\n\n> Note 2: The designated employer of an eligible PSSAP member or an eligible CSS/PSS member or former member is not required by this Act or the Trust Deed to make contributions to PSSAP for the benefit of the member. However, the designated employer can make contributions to PSSAP for the benefit of the member if PSSAP is the member’s chosen fund or stapled fund under the Superannuation Guarantee (Administration) Act 1992.\n\n#### 18 Ordinary employer‑sponsored member of PSSAP\n\n (1) This section sets out the 5 situations in which a person is an ordinary employer‑sponsored member of PSSAP.\n PSSAP is the person’s chosen fund or stapled fund\n (2) If, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(1) or (1A) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(iii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (d) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n PSSAP is the person’s mandated fund\n (3) Subject to subsection (4), if, at a particular time:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and\n (d) assuming that the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on:\n (i) subsection 32C(2) or (6) of that Act; or\n (ii) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies;\n to satisfy the choice of fund requirements in relation to the contribution; and\n (e) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (4) Subsection (3) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):\n (a) gives; or\n (b) has given; or\n (c) proposes to give;\n the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.\n Superannuation Guarantee (Administration) Act 1992 does not apply to the person\n (5) Subject to subsection (6), if:\n (a) a person is a member of PSSAP; and\n (b) if the person had not been a member of PSSAP, the person would have been eligible to become a member because of particular employment or holding a particular office; and\n (c) the person’s salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would not be taken into account for the purpose of making a calculation under section 19 of that Act;\n the person is an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office.\n (6) Subsection (5) does not apply to a person in relation to particular employment or holding a particular office if:\n (a) the person has, in a manner approved by CSC in writing under this paragraph, chosen not to be an ordinary employer‑sponsored member of PSSAP in respect of that employment or the holding of that office; and\n (b) that choice has not been withdrawn.\n Eligible PSSAP member\n (7) Subject to subsections (8) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously was, an ordinary employer‑sponsored member of PSSAP under one or more of subsections (2), (3) and (5); and\n (c) the person is, or previously would have been eligible to become, a member of PSSAP because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible PSSAP member.\n\n (8) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (7) in respect of that employment or the holding of that office.\n Eligible CSS/PSS member or former member\n (8A) Subject to subsections (8B) and (9), if:\n (a) at a particular time, a person is a member of PSSAP; and\n (b) the person is, or previously would have been able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months; and\n (c) either:\n (i) the person was a former Australian government superannuation scheme member at the time the Superannuation Amendment (PSSAP Membership) Act 2020 commences; or\n (ii) the person is a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at any time on or after the day the Superannuation Amendment (PSSAP Membership) Act 2020 commences;\n the person is an ordinary employer‑sponsored member of PSSAP.\n\n> Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as an eligible CSS/PSS member or former member.\n\n (8B) If:\n (a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or\n (b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) in respect of any employment of the person or any holding of an office by the person; or\n (c) paragraph 6(2)(ba) of the Superannuation Act 1990 applies to a person in respect of any employment of the person or any holding of an office by the person;\n the person is not an ordinary employer‑sponsored member of PSSAP under subsection (8A) in respect of that employment or the holding of that office.\n Minister may determine class of excluded persons\n (9) A person cannot be an ordinary employer‑sponsored member of PSSAP under subsection (7) or (8A) if the person is included in a class of persons determined in an instrument under subsection (10).\n (10) The Minister may, by legislative instrument, determine a class of persons for the purposes of subsection (9).\n (11) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (10) of this section.\n\n#### 19 Designated employers\n\n (1) This section applies to a person who is:\n (a) an ordinary employer‑sponsored member of PSSAP; or\n (b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.\n (2) For the purposes of this Act, the following table defines the designated employer of the member.\n\n```html\n

Designated employers

Item

In this case...

the designated employer of the member is...

1

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of an Agency (within the meaning of the Public Service Act 1999)

the Agency.

2

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of a Parliamentary Department

the Parliamentary Department.

3

(a) the member is employed by the Commonwealth; and

(b) the remuneration in respect of the member’s employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item.

4

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is paid by an approved authority

the approved authority.

5

(a) the member is the holder of a statutory office; and

(b) the remuneration in respect of the office is not paid by an approved authority

(a) an Agency (within the meaning of the Public Service Act 1999) determined by the Minister in writing under this item; or

(b) a Parliamentary Department determined by the Minister in writing under this item; or

(c) a person determined by the Minister in writing under this item.

5A

the person is:

(a) an eligible PSSAP member; or

(b) an eligible CSS/PSS member or former member

if the person has an employer—the employer.

6

none of the above items apply to the member

the authority or body by which the member is employed.

\n```\n\n (3) A determination under item 3 or 5 of the table in subsection (2) may be expressed to relate to a class of members.\n (4) A determination under item 3 or 5 of the table in subsection (2) is a legislative instrument.\n (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under item 3 or 5 of the table in subsection (2) of this section.\n\n## Part 5—Administration\n\n### Division 1—CSC\n\n#### 20 Functions and powers\n\n (1) The functions and powers of CSC in relation to PSSAP and the PSSAP Fund are those set out in the Trust Deed.\n (2) CSC is also responsible for the general administration of this Act.\n\n> Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n#### 29 Indemnification\n\n (1) Anything done, or omitted to be done, in good faith by a person who is a member of a Reconsideration Advisory Committee established under the Trust Deed in the performance of his or her functions under the Trust Deed does not subject him or her personally to any action, liability, claim or demand.\n (2) Subsection (1) does not prevent CSC from being subject to an action, liability, claim or demand.\n\n> Note: See section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n (5) This section has effect subject to such modifications (if any) as are prescribed by the regulations.\n (6) The regulations may provide that this section ceases to have effect at a specified time.\n\n### Division 3—Ministerial powers\n\n#### 32 Making of certain legislative instruments\n\n (1) This section applies to a declaration, determination or instrument that is:\n (a) made by the Minister under this Act (other than section 10 or 16); and\n (b) a legislative instrument.\n (2) The Minister may not make the declaration, determination or instrument unless:\n (a) CSC has consented to the making of the declaration, determination or instrument; or\n (b) the declaration, determination or instrument:\n (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the declaration, determination or instrument, be required or permitted to be made under this Act; or\n (ii) relates solely to the termination of the PSSAP Fund; or\n (iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n\n> Note: This subsection is subject to section 34 (costs of administration of Act etc.).\n\n (3) For the purposes of subparagraph (2)(b)(i), a payment by a designated employer under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.\n\n#### 33 Delegation by Minister\n\n The Minister may, by writing, delegate all or any of his or her powers under this Act or the regulations to:\n (a) CSC or an employee of CSC; or\n (aa) a director (within the meaning of the Governance of Australian Government Superannuation Schemes Act 2011); or\n (d) an APS employee in the Department.\n\n### Division 4—Costs of administration\n\n#### 34 Costs of administration of Act etc.\n\n (1) The costs of the administration of this Act and the Trust Deed, including the costs of and incidental to:\n (a) the management of the PSSAP Fund by CSC; and\n (b) the investment of money from the PSSAP Fund;\n are to be paid by CSC out of the PSSAP Fund in accordance with the Trust Deed.\n (2) Subsection 32(2) does not apply in relation to an amendment made to the Trust Deed that relates to the costs of the administration of this Act and the Trust Deed.\n Constitutional safety net—acquisition of property\n (3) If the operation of this section (or the operation of amendments made to the Trust Deed that relate to the costs of the administration of this Act and the Trust Deed) would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (4) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n (5) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 37 Payment of fees\n\n (1) The regulations may provide that, if a person requests CSC to reconsider one of its decisions under this Act, the regulations or the Trust Deed, the person is liable to pay a fee to CSC.\n (2) Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n (3) The regulations may make provision for and in relation to the refund of any fees paid under subsection (1).\n\n#### 38 CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997\n\n To avoid doubt:\n (a) for the purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997, CSC in its capacity as a superannuation provider is an entity distinct from the Commonwealth; and\n (b) consequently, section 33 of that Act does not affect the liability of CSC under that Act to pay surcharge on the surchargeable contributions of members of PSSAP.\n\n### Division 5—Other administrative matters\n\n#### 39 Amounts payable to the CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Rules may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Rules; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n\n#### 40 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Rules), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Rules—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.\n\n#### 41 CSC may rely on information supplied by employers or former employers\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been a member of PSSAP, CSC may presume that any information provided to CSC by a designated employer or former designated employer of the person is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act, the regulations or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act, the regulations or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).\n\n#### 42 CSC may require employers to distribute information etc. to members of PSSAP\n\n (1) CSC may:\n (a) send to the designated employer of an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) any document or written information that under:\n (i) this Act; or\n (ii) any other Act;\n CSC is required to send to the member; and\n (b) request the designated employer to give the document or information to the member.\n (2) The designated employer must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must ensure that the confidentiality of any document or information sent to the designated employer for transmission to the member is preserved.\n\n## Part 6—Miscellaneous\n\n#### 43 Ordinary employer‑sponsored member not to be retired on grounds of invalidity without CSC certificate\n\n (1) This section applies to a person who is:\n (a) under the age of 60; and\n (b) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office.\n (2) The member is not capable of being retired from the employment or office on the ground of invalidity unless:\n (a) CSC has approved, under the Rules, the invalidity retirement of the member; and\n (b) CSC has certified in writing under this paragraph that, if the member is so retired, the member will be entitled to receive invalidity benefits under PSSAP.\n (3) A reference in subsection (2) to a member being retired from employment or office includes a reference to the services of the member being otherwise terminated.\n (4) Subsection (2) has effect despite anything contained in any Act, award, determination, agreement or contract of employment.\n\n#### 44 Persons subject to Rules\n\n (1) A person who is, or has ceased to be, a member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person.\n (2) A person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Rules authorised by section 12 is subject to the Rules to the extent that they are applicable in relation to the person.\n (3) A person, authority or body who is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person, authority or body.\n (4) The Commonwealth is subject to the Rules to the extent that they are applicable in relation to the Commonwealth because it is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP.\n\n#### 45 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Regulations may not be made unless:\n (a) CSC has consented to the making of the regulations; or\n (b) the regulations:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the regulations, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the PSSAP Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n (3) For the purposes of subparagraph (2)(b)(i), a payment under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.\n\n#### 46 Regulations relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The regulations may make any provision that is necessary for the purpose of enabling PSSAP to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to PSSAP:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If regulations made for the purposes of subsection (1) are inconsistent with a provision of this Act, the regulations prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":34},{"sectionNumber":"39","sectionType":"section","heading":"Amounts payable to the CSC","content":"#### 39 Amounts payable to the CSC\n\n (1) Any amount (including an amount of contributions) that is payable to CSC under this Act or the Rules may be recovered by CSC in a court of competent jurisdiction as a debt.\n (2) If:\n (a) an amount (including an amount of contributions) is payable by a person to CSC under this Act or the Rules; and\n (b) the amount remains unpaid after the day on which payment was due;\n the person is liable to pay to CSC interest on any such amount that remains unpaid at such rate as CSC determines in writing under this subsection.\n (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.","sortOrder":35},{"sectionNumber":"40","sectionType":"section","heading":"Recovery of overpayments","content":"#### 40 Recovery of overpayments\n\n If, for any reason (including the making of, or cancellation of, an election under the Rules), CSC has paid an amount of benefit that was, or has become, not payable:\n (a) the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or\n (b) if the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Rules—the amount so paid, or such part of that amount as CSC determines, may, if CSC so directs, be recovered by deduction from that benefit.","sortOrder":36},{"sectionNumber":"41","sectionType":"section","heading":"CSC may rely on information supplied by employers or former employers","content":"#### 41 CSC may rely on information supplied by employers or former employers\n\n (1) For the purposes of the Trust Deed in its application to or in respect of a person who is or has been a member of PSSAP, CSC may presume that any information provided to CSC by a designated employer or former designated employer of the person is correct.\n (2) If a tribunal, authority or person is empowered:\n (a) to review a decision of CSC under this Act, the regulations or the Trust Deed; and\n (b) to vary, or make a decision in substitution for, CSC’s decision under this Act, the regulations or the Trust Deed;\n the tribunal, authority or person is not bound by any presumption made by CSC under subsection (1).","sortOrder":37},{"sectionNumber":"42","sectionType":"section","heading":"CSC may require employers to distribute information etc. to members of PSSAP","content":"#### 42 CSC may require employers to distribute information etc. to members of PSSAP\n\n (1) CSC may:\n (a) send to the designated employer of an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) any document or written information that under:\n (i) this Act; or\n (ii) any other Act;\n CSC is required to send to the member; and\n (b) request the designated employer to give the document or information to the member.\n (2) The designated employer must comply with the request unless doing so would breach Chapter 7 of the Corporations Act 2001.\n (3) CSC must ensure that the confidentiality of any document or information sent to the designated employer for transmission to the member is preserved.","sortOrder":38},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"## Part 6—Miscellaneous","sortOrder":39},{"sectionNumber":"43","sectionType":"section","heading":"Ordinary employer‑sponsored member not to be retired on grounds of invalidity without CSC certificate","content":"#### 43 Ordinary employer‑sponsored member not to be retired on grounds of invalidity without CSC certificate\n\n (1) This section applies to a person who is:\n (a) under the age of 60; and\n (b) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office.\n (2) The member is not capable of being retired from the employment or office on the ground of invalidity unless:\n (a) CSC has approved, under the Rules, the invalidity retirement of the member; and\n (b) CSC has certified in writing under this paragraph that, if the member is so retired, the member will be entitled to receive invalidity benefits under PSSAP.\n (3) A reference in subsection (2) to a member being retired from employment or office includes a reference to the services of the member being otherwise terminated.\n (4) Subsection (2) has effect despite anything contained in any Act, award, determination, agreement or contract of employment.","sortOrder":40},{"sectionNumber":"44","sectionType":"section","heading":"Persons subject to Rules","content":"#### 44 Persons subject to Rules\n\n (1) A person who is, or has ceased to be, a member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person.\n (2) A person who is, or has ceased to be, a person to whom a benefit is payable under provisions of the Rules authorised by section 12 is subject to the Rules to the extent that they are applicable in relation to the person.\n (3) A person, authority or body who is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP is subject to the Rules to the extent that they are applicable in relation to the person, authority or body.\n (4) The Commonwealth is subject to the Rules to the extent that they are applicable in relation to the Commonwealth because it is, or has been, the designated employer of an ordinary employer‑sponsored member of PSSAP.","sortOrder":41},{"sectionNumber":"45","sectionType":"section","heading":"Regulations","content":"#### 45 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Regulations may not be made unless:\n (a) CSC has consented to the making of the regulations; or\n (b) the regulations:\n (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the regulations, be required or permitted to be made under this Act; or\n (ii) relate solely to the termination of the PSSAP Fund; or\n (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.\n (3) For the purposes of subparagraph (2)(b)(i), a payment under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.","sortOrder":42},{"sectionNumber":"46","sectionType":"section","heading":"Regulations relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws","content":"#### 46 Regulations relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws\n\n (1) The regulations may make any provision that is necessary for the purpose of enabling PSSAP to satisfy any condition or requirement of, or made under, any of the following laws if that law is capable of applying in relation to PSSAP:\n (a) the Corporations Act 2001;\n (b) the Family Law Act 1975;\n (c) the Financial Institutions Supervisory Levies Collection Act 1998;\n (d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997;\n (e) the Superannuation Industry (Supervision) Act 1993;\n (g) the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n (2) If regulations made for the purposes of subsection (1) are inconsistent with a provision of this Act, the regulations prevail and the provision, to the extent of the inconsistency, is of no effect.","sortOrder":43}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":759},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2005 Act was designed for new public sector employees from 1 July 2005. However, the 2020 amendments significantly expanded scope to allow former PSS/CSS members and certain existing government scheme members to join PSSAP, transforming it from a 'new employee only' scheme to one that also accommodates transitioning and former public servants. The legislation now manages complex interactions between three different Commonwealth superannuation schemes (PSS, CSS, and PSSAP)."},"complexity_factors":["Multiple overlapping definitions of 'public sector employee', 'approved authority', and 'statutory office' with ministerial discretion to expand or exclude","Five different categories of 'ordinary employer-sponsored member' in section 18 with nested exceptions and 12-month continuity requirements","Complex table-based mechanism in section 19 for determining 'designated employer' across 6 different scenarios","Extensive cross-referencing to other Acts including Superannuation Act 1990, Superannuation Act 1976, Superannuation Guarantee (Administration) Act 1992, and Family Law Act 1975","Ministerial declarations subject to disallowance but with retrospective commencement provisions (up to 12 months)","2020 amendments (Superannuation Amendment (PSSAP Membership) Act 2020) added new eligibility categories creating transitional complexity","Trust Deed and Rules operate as separate legislative instruments with their own amendment procedures","Conditional logic for 'stapled funds' and 'chosen funds' under superannuation guarantee law integrated into membership rules"],"plain_english_summary":"This Act establishes the **Public Sector Superannuation Accumulation Plan (PSSAP)** — a superannuation scheme for Australian public sector employees.\n\n**Who it covers:**\n- Most Commonwealth public sector employees who started work on or after 1 July 2005\n- Certain former public sector employees and members of other government super schemes (with some restrictions)\n- People employed by \"approved authorities\" (government bodies and Commonwealth-controlled companies)\n- Holders of statutory offices (positions created by legislation)\n\n**How membership works:**\n- You become a member either by **choosing to join** or automatically if PSSAP is your **\"mandated fund\"** (the default super fund for your employment)\n- Membership continues until your benefits are paid out or you die\n\n**Employer contributions:**\n- Your \"designated employer\" (usually your government agency or department) must make contributions to PSSAP for most members\n- The amount and timing are set out in the **Rules** — a separate document that governs the detailed operation of the scheme\n\n**Who runs it:**\n- **CSC** (Commonwealth Superannuation Corporation) manages PSSAP and the PSSAP Fund\n- The Minister can make various declarations about eligibility and approved employers, but usually needs CSC's consent\n\n**Key protections:**\n- You generally can't be forced to retire due to invalidity (permanent inability to work) unless CSC approves it and certifies you'll get invalidity benefits\n- The scheme must comply with general superannuation laws, including the Superannuation Industry (Supervision) Act 1993\n- Family law provisions allow superannuation to be split between spouses on relationship breakdown\n\n**Why it matters:**\nThis Act replaced older public sector super arrangements for new employees from 2005, creating a modern accumulation-style super fund (like most private sector funds) rather than the older defined benefit schemes. It affects retirement savings for hundreds of thousands of current and former Australian government workers."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as originally designed established PSSAP primarily for public sector employees starting on or after 1 July 2005 (see original simplified outline). Subsequent changes and notes in the text show scope growth: (a) the PSSAP Fund vesting moved from the Board to the Commonwealth Superannuation Corporation from 1 July 2011 (see definition note in s4 and related notes), and (b) later amendments (explicitly referenced in the text) extended eligibility in narrow ways to include certain former PSS/CSS members and related cohorts (see s13(1)(d) and s18(8A) referencing the Superannuation Amendment (PSSAP Membership) Act 2020). These additions move the Act beyond a single‑cohort new‑employee scheme into a framework that can capture some former members of legacy government schemes and introduces ongoing Ministerial determinations to adjust classes of persons and designated employers. The net effect is a modest expansion of the population and classes covered and of ministerial/administrative discretion compared with the Act’s original, narrower focus."},"complexity_factors":["Multiple defined terms and cross‑references (extensive definitions in s4 and repeated cross‑references to the Superannuation Guarantee (Administration) Act 1992, Superannuation Industry (Supervision) Act 1993, Corporations Act, Family Law Act and taxation law).","Nested, conditional membership rules (complex eligibility and \"ordinary employer‑sponsored\" status across subsections s13 and s18 with multiple exceptions and multi‑step tests).","Large number of ministerial declarations/determinations treated as legislative instruments and often subject to disallowance (declarations in s5, s6, s7, s8, s11, s13, s16, s19 and instrument‑making limits in s32).","Designated employer table (s19) with multiple items and ministerial determinations that can apply by class — practical complexity in identifying the correct paying entity.","Interplay between primary legislation, the Trust Deed and subsidiary Rules — operational detail delegated outside the Act (s10, s11, s12, s44).","Regulations may prevail over inconsistent Act provisions for enabling PSSAP to meet external legal requirements (s46) — creates conditional legal hierarchies.","Multiple points where CSC consent is required before Minister acts (s32), creating procedural dependencies and potential circularity.","Several administrative enforcement and recovery powers (s39, s40, s41) plus CSC’s operational discretion (interest rates, fees) set by legislative instrument, adding regulatory detail outside the Act."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a public-sector superannuation scheme called the Public Sector Superannuation Accumulation Plan (PSSAP) and a fund to hold its assets (Trust Deed requirement) (see s10, s11).\n- Sets out who can join and how membership starts and ends:\n - Eligible people are mainly public sector employees and certain declared classes of former or other government scheme members (see s13).\n - A person becomes a member either by choosing to join in a manner approved by the scheme administrator (CSC) or automatically if PSSAP is the person’s mandated/stapled fund under the Superannuation Guarantee rules (see s14 and s16).\n - Membership ends when the final benefit (pension or lump sum) payable under the Rules is paid, or on death (see s15).\n- Requires a defined \"designated employer\" to pay employer contributions for most ordinary employer‑sponsored members, and sets out which entity counts as the designated employer in different employment/payment situations (see s17 and the table in s19).\n- Gives the Commonwealth Superannuation Corporation (CSC) responsibility to administer PSSAP and the fund in accordance with the Trust Deed and Rules (see s20 and the Trust Deed references in s10, s11).\n- Makes the Trust Deed and the scheme Rules central to operation; the Minister can amend the Trust Deed by instrument, but any Trust Deed provision that would make PSSAP non‑compliant with the Superannuation Industry (Supervision) regime is invalid (see s11).\n- Gives CSC administrative powers: recover unpaid contributions as debts, charge interest on late payments, recover overpaid benefits, rely on employer-supplied information (see s39, s40, s41).\n- Allows CSC to require employers to pass on documents to members (subject to Corporations Act constraints) (see s42).\n- Prevents retiring (on invalidity grounds) of many employer‑sponsored members under age 60 unless CSC has approved and certified entitlement to invalidity benefits (see s43).\n- Provides that the costs of administering the Act/Trust Deed (including management and investment costs) are to be paid out of the PSSAP Fund (see s34).\n- Enables the Governor‑General to make regulations to support PSSAP’s operation and to make the regulations operate to the extent necessary even if inconsistent with parts of the Act (see s45, s46).\n\n\nWho this affects and who decides\n\n- People affected:\n - Current and future public sector employees who meet the eligibility rules (see s5, s13).\n - Certain former members of other government schemes if declared or brought in by amendment (see s13(1)(d), s18(8A)).\n - Employers (the Commonwealth, agencies, Parliamentary departments, approved authorities and other bodies identified as the designated employer) who must make contributions for ordinary employer‑sponsored members (see s17, s19).\n - CSC, which administers the scheme and has operational discretion under the Trust Deed and Rules (see s20).\n- Who decides what:\n - The Minister has multiple powers to make declarations/determinations about eligibility classes, approved authorities, designated employers, and to amend the Trust Deed (see s8, s10, s11, s13, s19, s32).\n - Many Ministerial instruments must be legislative instruments subject to parliamentary disallowance (see s4(2),(3) and repeated notes) and, for most such instruments, CSC’s consent is required before the Minister may make them (see s32).\n - CSC decides operational matters under the Trust Deed and Rules (including interest rates on unpaid amounts and decisions about invalidity) (see s20, s39, s43).\n\n\nWhy the Act exists (stated purpose) and a quick test of that purpose\n\n- Stated purpose: to create and run a public sector accumulation superannuation plan (PSSAP) with a Trust Deed and Rules for membership, benefits and administration (see s3, s10).\n\nTesting that stated purpose against practical mechanisms, costs and incentives:\n- Who pays: administration and investment costs are paid from the PSSAP Fund (s34). Employer contributions are the main source of fund inflows for employer‑sponsored members (s17). This shifts ongoing administration costs to the pooled fund rather than direct appropriation (s34).\n- Who benefits and who bears risk: members receive benefits under the Rules; investors/members bear investment risk to the extent the Rules allocate it (Trust Deed/Rules govern entitlements; see s12, s44). Employers’ payment obligations are defined and in many cases mandatory (s17, s19), concentrating compliance costs on government employers.\n- Choice and competition effects: the Act interacts closely with the Superannuation Guarantee (Administration) Act 1992 (references throughout s14, s16, s18). For some APS employees PSSAP is the \"sole eligible choice fund\" for certain statutory purposes (s16) — that reduces the pool of funds employers can nominate as default for those employees, affecting competition among funds.\n- Administrative discretion and checks: the Minister has many powers to declare classes and make instruments, but the Minister is largely constrained where CSC consent is required and many instruments are legislative instruments subject to disallowance (s32, repeated notes on legislative instruments). That creates a shared control model but preserves significant executive discretion.\n- Compliance burden and operational risk: employers must identify the correct designated employer, pay contributions, keep records, and distribute CSC material where requested (s19, s17, s42). Cross‑references to other Acts (SIS Act, Corporations Act, Family Law Act, SGAA, taxation and ATO “stapled fund” arrangements) create complexity and reliance on alignment between systems (see s46 and the cross‑references in s14 and s16). Implementation depends on good data flows (e.g. stapled fund notifications) and on CSC’s administrative systems.\n- Concentrated benefits/diffuse costs: benefits accrue to members; costs of administration come from the fund (affecting members) and employer compliance costs are carried by public sector employers. The Act allows the Minister to exclude classes of persons from employer‑sponsored status (s18(9)–(11)), which can concentrate favourable treatment.\n\n\nMain practical trade‑offs and risks\n\n- Trade‑offs: administrative centralisation under CSC and Trust Deed flexibility v. regulatory complexity and reduced fund choice in some circumstances (s20, s16, s45–46).\n- Risks: implementation dependence on other statutory frameworks (SGAA, SIS Act, ATO stapled fund processes); scope for ministerial discretion and rule‑making to shift costs or eligibility; compliance burden on employers to apply designated‑employer rules correctly (s19, s32).\n\n\nQuick pointers to the most relied‑upon provisions: s10 (establish Trust Deed and fund), s13–s19 (eligibility, membership and employer contributions), s20 (CSC functions), s34 (who pays administration costs), s32 (limits on Minister’s instrument‑making), s42 (CSC may use employers to distribute member information)."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Section 10(1)","severity":"high","reasoning":"Section 2 provides that ss3-46 commence on the later of Royal Assent (29 June 2005) or Royal Assent of the Consequential Amendments Act. The obligation in s10(1) to act 'Before 1 July 2005' only arises once s10 commences. If s10 commenced on 29 June 2005, there are only two days to comply. Furthermore, the non-commencement contingency means the legal duty could never arise, yet the real-world action (executing the deed) must precede the legal duty.","confidence":0.82,"description":"The Minister is required to execute the Trust Deed 'Before 1 July 2005', but sections 3 to 46 (which include section 10 itself) only commence on or after 29 June 2005 (Royal Assent). This creates a legal impossibility: the obligation in s10(1) only legally exists from 29 June 2005, yet the deed must be executed before 1 July 2005, leaving a window of potentially only one day (29-30 June 2005) for compliance. More critically, if the Superannuation (Consequential Amendments) Act 2005 had received Royal Assent after 1 July 2005, sections 3-46 would never have commenced, yet the Minister would have already been obligated (and presumably acted) under a provision that never legally existed."},{"type":"other","section":"Section 15(1) and Section 3 (Simplified Outline)","severity":"low","reasoning":"The simplified outline omits the 'death' termination event and the 'no benefit ever paid' scenario in s15(1)(c), creating a gap between the outline's description and the actual operative provisions. While simplified outlines are not legally operative, this creates interpretive confusion.","confidence":0.7,"description":"The simplified outline states membership 'continues until the occasion, or the last of the occasions, on which a benefit is paid to or in respect of the member.' However, s15(1)(c) provides a fallback that membership continues until death 'in any other case' — meaning if no benefit is ever paid, membership never ends until death. A person could theoretically be a member of PSSAP for their entire life without ever receiving a benefit, making the outline's description misleading and potentially incorrect for a significant class of members."},{"type":"retroactive_impossibility","section":"Section 5(5) and 5(6) / Section 7(4) and 7(5) / Section 13(6) and 13(7)","severity":"medium","reasoning":"The 'purportedly accepted' language combined with no outer limit on the retrospectivity in ss5(6), 7(5), and 13(7) creates a scenario where a person could be retrospectively designated as a public sector employee or statutory office holder for an unlimited period. This could retroactively alter their membership status, contribution history, and benefit entitlements going back to commencement of contributions — potentially before the Act even existed.","confidence":0.75,"description":"The Act permits Ministerial declarations to have retrospective commencement up to 12 months before the declaration is made (ss5(5), 7(4), 13(6)), and even further back if contributions were already accepted before that 12-month window (ss5(6), 7(5), 13(7)). In the latter case, the declaration can commence from 'the earliest day on which those contributions were accepted or purportedly accepted' — with no outer time limit. This means a declaration could theoretically be backdated by decades, creating retroactive legal status changes and potentially retroactive contribution obligations or entitlements going back an unlimited period."},{"type":"self_contradicting","section":"Section 18(7) and Section 18(8)","severity":"medium","reasoning":"The term 'ordinary employer-sponsored member' inherently implies an employer-sponsorship relationship. Item 5A of the designated employer table in s19(2) acknowledges the absurdity by only appointing a designated employer 'if the person has an employer', confirming the Act contemplates employer-sponsored members who have no employer. The contribution obligation in s17 then only applies to employer-sponsored members under ss18(2), (3) or (5), not (7) — so the Act creates a class of 'employer-sponsored' members for whom no employer contributions are required.","confidence":0.8,"description":"Section 18(7) deems a person to be an 'ordinary employer-sponsored member' (as an 'eligible PSSAP member') even when they are not currently employed in any qualifying capacity. Section 18(8) then carves out situations where subs(2), (3) or (5) apply 'in respect of any employment' — but if a person has no current employment, none of those subsections apply, meaning s18(8) provides no exclusion. The result is that a person who has entirely left the workforce can remain an 'ordinary employer-sponsored member' with no employer, creating an oxymoronic status of an employer-sponsored member with no employer."},{"type":"other","section":"Section 4 - Definition of 'PSSAP Fund'","severity":"low","reasoning":"While the Note provides the accurate current position, the operative definition text refers to a vesting that no longer reflects reality. Since the definition is used throughout the Act, any literal reading of 'PSSAP Fund' as defined produces an inaccurate legal picture after 2011.","confidence":0.72,"description":"The definition of 'PSSAP Fund' states it means 'the fund established, and vested in the Board, by the Trust Deed.' The attached Note then states 'From 1 July 2011, the fund is vested in CSC.' This means the statutory definition permanently describes a historical state of affairs (vested in the Board) that ceased to be accurate from 1 July 2011, while the corrective information is confined to a non-operative Note. The definition is thus misleading on its face for all purposes after 1 July 2011."},{"type":"self_contradicting","section":"Section 29(5) and 29(6)","severity":"medium","reasoning":"Parliament enacted an indemnification provision but simultaneously authorised the Executive to nullify it by regulation. This creates an internal tension: the section purports to protect persons from liability but allows the protection to be withdrawn by delegated legislation, undermining the certainty Parliament presumably intended to provide.","confidence":0.68,"description":"Section 29 provides indemnification protections for Reconsideration Advisory Committee members. Subsections (5) and (6) then provide that regulations may 'modify' how the section has effect and may even cause 'this section [to cease] to have effect at a specified time.' This means the Executive, via regulations, can prospectively abolish the statutory indemnification protection granted by Parliament — an unusual self-destruct mechanism embedded in a rights-protective provision."},{"type":"other","section":"Section 13(1)(d)","severity":"low","reasoning":"Subsection (3) restriction is explicitly applied to paragraphs (a), (b), and (c) but not (d). Given that paragraph (d) refers to membership after the 2020 Act's commencement, no one could actually use paragraph (d) to become a member before 1 July 2005 in practice, but the drafting omission creates a technical inconsistency.","confidence":0.6,"description":"Section 13(1)(d) makes a person eligible to become a PSSAP member if they 'was a member of the PSS or an eligible employee... at a time after the commencement of the Superannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee.' This eligibility ground is not subject to subsection (3), meaning (unlike the other eligibility grounds) it is not explicitly restricted to on-or-after 1 July 2005. However, as PSSAP itself commenced on 1 July 2005 and the 2020 Amendment Act commenced after that, this omission is technically harmless but creates structural inconsistency with the rest of s13."}],"contradictions":[{"severity":"high","section_a":"Section 13(2)(a)","section_b":"Section 13(1)(b) and definition of 'Australian government superannuation scheme member' in s4","confidence":0.85,"description":"Section 13(2)(a) provides that a person who is a member of PSS (other than one who has made a s6B election) is not eligible to become a PSSAP member. However, the definition of 'Australian government superannuation scheme member' in s4 includes 'a member of the PSS'. Section 13(1)(b) makes an 'Australian government superannuation scheme member' eligible to become a PSSAP member. This creates a direct contradiction: a PSS member is simultaneously eligible (via s13(1)(b)) and ineligible (via s13(2)(a)) to become a PSSAP member."},{"severity":"high","section_a":"Section 13(2)(e)","section_b":"Section 13(1)(b) and definition of 'Australian government superannuation scheme member' in s4","confidence":0.85,"description":"Section 13(2)(e) provides that a person who is 'an eligible employee for the purposes of the Superannuation Act 1976' is not eligible to become a PSSAP member. However, the definition of 'Australian government superannuation scheme member' in s4(b) includes 'an eligible employee (within the meaning of the Superannuation Act 1976)'. Section 13(1)(b) makes Australian government superannuation scheme members eligible for PSSAP. This creates a direct contradiction between s13(1)(b) and s13(2)(e) for CSS eligible employees."},{"severity":"low","section_a":"Section 14(1)","section_b":"Section 14(4)","confidence":0.6,"description":"Section 14(1) states 'This section sets out the 2 situations in which a person can become a member of PSSAP' — being (1) choice under s14(2)-(3) and (2) mandated fund under s14(4)-(6). However, s14(4) is subject to s14(6), which excludes certain statutory office holders and temporary employees whose terms/employment included a day in the financial year beginning 1 July 2005. These persons can never become members via the mandated fund pathway and may be unable to become members at all if they do not actively choose. This means the '2 situations' described in s14(1) are not exhaustive pathways — some eligible persons have only one pathway available, making the '2 situations' framing potentially misleading."},{"severity":"low","section_a":"Section 17(2) and Section 18(7)-(8)","section_b":"Section 3 (Simplified Outline) — 'Employers must pay contributions to PSSAP for the benefit of most ordinary employer‑sponsored members'","confidence":0.65,"description":"The simplified outline states employers must pay contributions for 'most ordinary employer-sponsored members.' Section 17(1) limits the contribution obligation to members under ss18(2), (3) or (5) — explicitly excluding members under ss18(7) (eligible PSSAP members) and 18(8A) (eligible CSS/PSS members or former members). Note 2 to s17(2) confirms no obligation exists for these categories. Since ss18(7) and (8A) members are also 'ordinary employer-sponsored members', the outline's characterisation that employers must pay for 'most' is potentially misleading if the excluded categories constitute a significant proportion."},{"severity":"medium","section_a":"Section 18(8A)(b)","section_b":"Section 18(8B)(b)","confidence":0.75,"description":"Section 18(8A)(b) requires as a condition of being an eligible CSS/PSS member or former member that the person 'is, or previously would have been able to become, a member of the PSS or an eligible employee' for a continuous period of at least 12 months. However, s18(8B)(b) then excludes a person from being an ordinary employer-sponsored member under s18(8A) if they 'is, or would be able to become, a member of the PSS or an eligible employee' in respect of any employment. This creates a logical contradiction: to qualify under s18(8A) the person must currently or previously be/have been able to become a PSS member or eligible employee, but s18(8B)(b) excludes persons who currently are or would be able to become such — meaning the inclusion condition in (8A)(b) that covers current PSS members/eligible employees is immediately negated by the exclusion in (8B)(b), leaving only former members who could previously have become PSS members as the operative class."},{"severity":"medium","section_a":"Section 10(1)(b) — PSSAP Fund 'vested in the Board'","section_b":"Section 4 Note to 'PSSAP Fund' definition — 'From 1 July 2011, the fund is vested in CSC'","confidence":0.78,"description":"Section 10(1)(b) requires the Trust Deed to 'establish, and vest in the Board, a fund for the purposes of PSSAP.' This operative requirement is permanently expressed as vesting in the Board. However, from 1 July 2011, the fund is vested in CSC (a distinct legal entity under the Governance of Australian Government Superannuation Schemes Act 2011). The Act's own operative provision in s10(1)(b) thus describes a legal state of affairs that no longer holds, and the corrective information is relegated to a non-operative Note rather than an amendment to the section itself."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2005 Act was narrowly focused on creating PSSAP for new Commonwealth public sector employees starting from 1 July 2005. Over time, the scope expanded meaningfully — most notably through the Superannuation Amendment (PSSAP Membership) Act 2020, which extended eligibility to former members of the older defined-benefit schemes (PSS and CSS), creating new categories of 'eligible CSS/PSS member or former member'. The scheme now also accommodates stapled fund rules introduced in later years to the Superannuation Guarantee framework. The governance arrangements also changed materially, with management shifting from the Board (under the old Superannuation Act 1990 framework) to the Commonwealth Superannuation Corporation (CSC), established by the Governance of Australian Government Superannuation Schemes Act 2011."},"complexity_factors":["Extensive cross-referencing to multiple other Acts (Superannuation Guarantee (Administration) Act 1992, Superannuation Act 1990, Superannuation Act 1976, Superannuation Industry (Supervision) Act 1993, Governance of Australian Government Superannuation Schemes Act 2011, Family Law Act 1975, Legislation Act 2003, Public Service Act 1999, Judges' Pensions Act 1968)","Multiple overlapping membership categories with nuanced eligibility rules, exclusions, and carve-outs (five distinct types of 'ordinary employer-sponsored member')","Highly conditional membership and contribution obligations — numerous 'if/but/subject to/unless' provisions layered on top of each other","Interaction with the superannuation guarantee 'choice of fund' and 'stapled fund' framework from a separate Act, requiring readers to understand that external system","Extensive Ministerial declaration/determination powers that can expand or contract the scheme's coverage, many of which can operate retrospectively (up to 12 months back)","Legislative instruments subject to disallowance (parliamentary veto) creating ongoing regulatory uncertainty","Transitional provisions relating to the pre-2005 schemes (PSS/CSS) and the 2020 amendments expanding membership for former scheme members","Separate governance layer via the Trust Deed and Rules (not reproduced in the Act itself), meaning the full picture requires reading external documents","Constitutional law references (acquisition of property, just terms under s51(xxxi) of the Constitution) embedded in administrative cost provisions","Family law superannuation splitting provisions requiring knowledge of Family Law Act Part VIIIB/VIIIC"],"plain_english_summary":"## Superannuation Act 2005 — What It Does and Who It Affects\n\n### The Big Picture\nThis law creates a superannuation (retirement savings) scheme for **Commonwealth public sector workers** who started their jobs on or after **1 July 2005**. The scheme is called the **Public Sector Superannuation Accumulation Plan**, or **PSSAP** for short. Think of it as the government's version of a standard super fund — your employer pays money in while you work, and you get it when you retire.\n\n### Who Does This Affect?\n- **New federal public servants** (APS employees) who started from 1 July 2005 onwards\n- **Employees of Commonwealth-owned or controlled bodies** (called 'approved authorities') — this includes government corporations, statutory bodies (organisations set up by law for a public purpose), and similar entities\n- **Holders of statutory offices** (people appointed to positions created by law, such as commissioners or heads of government bodies)\n- **Former members of older government super schemes** (PSS and CSS) who, under 2020 amendments, can now also join PSSAP in some circumstances\n- **Defence Force members are explicitly excluded** — they have their own scheme\n\n### How Do You Join?\nThere are two ways:\n1. **You choose to join** — eligible employees can opt in\n2. **You're automatically enrolled** — if PSSAP is your 'mandated fund' (meaning your employer is legally required to pay contributions there because you haven't chosen a different fund)\n\n### What Do Employers Have to Do?\nMost employers of PSSAP members **must pay contributions** into the fund on your behalf. The exact amounts are set by the Rules (a detailed schedule attached to the Trust Deed — a formal legal document establishing the fund). However, employers of certain categories of members (like former CSS/PSS members who have moved to PSSAP) are not *required* to pay contributions, but *can* do so voluntarily.\n\n### How Long Does Membership Last?\nYour membership continues **until all your benefits have been paid out** — which usually happens when you retire, become permanently incapacitated (unable to work due to illness or injury), or die.\n\n### Who Runs It?\n**CSC (Commonwealth Superannuation Corporation)** is in charge. It manages the fund and administers the scheme. The Minister (a government minister) has significant powers to make declarations and amend the legal document (Trust Deed) that governs how the scheme works — but generally needs CSC's consent to do so.\n\n### Family Law\nIf a PSSAP member goes through a divorce or separation, the law allows their super to be **split with their spouse** under Family Law rules — meaning a court order or agreement can redirect part of their super to their former partner.\n\n### Costs\nThe costs of running the scheme are paid **out of the PSSAP fund itself** (i.e., from members' pooled contributions and investment returns).\n\n### Why It Matters to You\nIf you work for the Commonwealth government (or a body it controls) and started after 1 July 2005, this is the law that governs your retirement savings. It determines who pays your super, how much, where it goes, and what happens to it if you leave, become ill, die, or divorce."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-2005","history":"/api/acts/superannuation-act-2005/history","analysis":"/api/acts/superannuation-act-2005/analysis","conflicts":"/api/acts/superannuation-act-2005/conflicts","importantCases":"/api/acts/superannuation-act-2005/important-cases","documents":"/api/acts/superannuation-act-2005/documents"}}