{"id":"C2004L06183","name":"Superannuation (PSS) Membership Exclusion Declaration No. 1","slug":"superannuation-pss-membership-exclusion-declaration-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"17 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28087,"registerId":"commonwealth-C2004L06183-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSS) Membership Exclusion Declaration No. 1","content":"![](image.001.png)\n\nStatutory Rules 1991 No. 171\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSuperannuation (PSS) Membership Exclusion\n\nDeclaration No. 1\n\nI, RALPH WILLIS, Minister of State for Finance, hereby make the following Declaration under paragraph 6 (2) (c) of the Superannuation Act 1990.\n\nDated 30 January 1991.\n\nRALPH WILLIS\n\nMinister of State for Finance\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Declaration may be cited as the Superannuation (PSS) Membership Exclusion Declaration No. 1.\n\nCommencement\n\n2. This Declaration commences on 1 February 1991.\n\nInterpretation\n\n3. In this Declaration:\n\n“the Act” means the Superannuation Act 1990;\n\n“the 1976 Act” means the Superannuation Act 1976.\n\nPersons to whom section 6 of the Act does not apply\n\n4. Section 6 of the Act does not apply to a person who:\n\n(a) on 31 January 1991 was employed under section 82AC of the Public Service Act 1922 in the Transport and Storage Group within the Department of Administrative Services; and\n\n(b) holds an appointment, with effect on and from 1 February 1991, as an officer under section 42A of that Act; and\n\n(c) is not an eligible employee for the purposes of the 1976 Act; and\n\n(d) has not, at any time:\n\n(i) made a declaration and election under subsection 244 (1) of the 1976 Act; or\n\n(ii) made a request in writing, in a form approved by the Board, to become a member of the Superannuation Scheme.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n1. Notified in the Commonwealth of Australia Gazette on 31 January 1991.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1031},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a targeted, time-specific declaration addressing a discrete administrative transition (conversion of Transport and Storage Group employees to officer status on 1 February 1991). It has not expanded beyond its original narrow purpose of excluding this specific cohort from compulsory PSS membership."},"complexity_factors":["Very short instrument with only 4 operative sections","Minimal defined terms (only 2 definitions in section 3)","Single operative provision (section 4) with clear conjunctive conditions (all must be met)","Limited cross-references to other Acts (Public Service Act 1922 and Superannuation Act 1976)","No delegated legislation powers or regulatory mechanisms"],"plain_english_summary":"This declaration carves out a narrow exception to the usual rule requiring Australian public servants to join the Public Sector Superannuation (PSS) on becoming permanent officers. It applies to a small group in the Transport and Storage Group who moved from section 82AC arrangements to officer status on 1 Feb 1991 and were not previously in the old 1976 scheme or had not opted into any scheme, letting them avoid compulsory PSS membership."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-1","history":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-1/history","analysis":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-1/analysis","conflicts":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-1/conflicts","importantCases":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-1/important-cases","documents":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-1/documents"}}