{"id":"F2005L04211","name":"Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005","slug":"superannuation-pssap-approved-authority-exclusion-declaration-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40371,"registerId":"commonwealth-F2005L04211-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\nSuperannuation (PSSAP) Approved Authority Exclusion Declaration 2005\n\nmade under paragraph 8(2)(b) of the\n\nSuperannuation Act 2005\n\nCompilation No. 5\n\nCompilation date: 6 March 2025\n\nIncludes amendments: F2025L00293\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005 that shows the text of the law as amended and in force on 6 March 2025 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.\n\nSelf-repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\nContents\n\n1 Name of Declaration\n\n3 Definitions\n\n4 Authorities or bodies specified for the purposes of paragraph 8 (2) (b) of the 2005 Act\n\nSchedule 1—Authorities and bodies specified for the purposes of paragraph 8 (2) (b) of the 2005 Act\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n \n\n1  Name of Declaration\n\n  This Declaration is the Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005.\n\n3  Definitions\n\n  In this Declaration:\n\n \n\n| approved authority | has the same meaning as in the 2005 Act. |\n| --- | --- |\n| 2005 Act | means the Superannuation Act 2005. |\n\n\n \n\n4  Authorities or bodies specified for the purposes of paragraph 8 (2) (b) of the 2005 Act\n\n (1) An authority or body listed in Schedule 1 is specified for the purposes of the paragraph 8 (2) (b) of the 2005 Act and therefore is not an approved authority for the purposes of the 2005 Act.\n\nSchedule 1—Authorities and bodies specified for the purposes of paragraph 8 (2) (b) of the 2005 Act\n\n(section 4)\n\n \n\nAustralian Capital Territory\n\nAboriginal Hostels Limited\n\nAdelaide Symphony Orchestra Pty Ltd (ACN 079 016 738)\n\nAustralian Fisheries Management Authority\n\nCalvary Health Care ACT Limited\n\nHealth Services Australia Limited (ACN 078934791)\n\nMelbourne Symphony Orchestra Pty Ltd (ACN 078 925 658)\n\nQueensland Symphony Orchestra Pty Ltd (ACN 094 916 444)\n\nSport Integrity Australia\n\nSydney Symphony Orchestra Holdings Pty Limited (ACN 072 864 067)\n\nTasmanian Symphony Orchestra Pty Limited (ACN 088 230 184)\n\nWest Australian Symphony Orchestra Pty Ltd (ACN 081 230 284)\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n \n\nEndnote 2—Abbreviation key\n\n \n\n| ad = added or inserted | o = order(s) |\n| --- | --- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- |\n| Superannuation (PSSAP) Approved Authority Exclusion Declaration 2005 | 20 Dec 2005 (F2005L04211) | 21 Dec 2005 (s 2) |  |\n| Superannuation (PSSAP) Approved Authority Exclusion Amendment Declaration 2006 | 5 Oct 2006 (F2006L03287) | 6 Oct 2006 (s 2) | — |\n| Superannuation (PSSAP) Approved Authority Exclusion Amendment Declaration 2008 | 15 Apr 2008 (F2008L01088) | 16 Apr 2008 (s 2) | — |\n| Superannuation (PSSAP) Approved Authority Exclusion Amendment Declaration 2009 (No. 1) | 23 Mar 2009 (F2009L01154) | 1 Apr 2009 (s 2) | — |\n| Superannuation Legislation (CSS, PSS and PSSAP Membership) Amendment Declaration 2025 | 4 Mar 2025 (F2025L00283) | Sch 1 (item 22): 5 Mar 2025 (s 2(1) item 1) | — |\n| Superannuation Legislation (CSS, PSS and PSSAP Membership) (ACT and NT Government Bodies) Amendment Declaration 2025 | 5 Mar 2025 (F2025L00293) | Sch 1 (item 15): 6 Mar 2025 (s 2(1) item 1) | — |\n\n\n \n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| s 2..................... | rep LA s 48D |\n| Schedule 1 |  |\n| Schedule 1................ | rs F2006L03287; F2008L01088 |\n|  | am F2009L01154; F2025L00283; F2025L00293 |\n\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Yes. The list in Schedule 1 has been amended repeatedly since 2005 (see amendment entries F2006L03287; F2008L01088; F2009L01154; F2025L00283; F2025L00293 in the endnotes). The 2025 amendments in particular altered the Schedule to add or change specified bodies (including ACT/NT government bodies), so the instrument’s scope has expanded from the original 2005 list."},"complexity_factors":["Instrument is short and declaratory: a name, definitions and a Schedule of listed bodies (low textual complexity).","Relies on external definition of \"approved authority\" in the Superannuation Act 2005, so legal effect requires reading that Act (cross‑reference complexity).","Schedule lists multiple specific entities (including ACNs), requiring administrative checks for each body.","Multiple historical amendments (2006, 2008, 2009, 2025) mean one must track amendment history to see current scope (procedural complexity).","Practical effect depends on interactions with other superannuation provisions (membership, contributions, entitlements), so implementation requires agency/legal interpretation."],"plain_english_summary":"This Declaration names specific organisations that are excluded from being \"approved authorities\" under the Superannuation Act 2005 (made under paragraph 8(2)(b)). Mechanically, any body listed in Schedule 1 is treated as not an approved authority for the Act. That changes which organisations — and therefore which employees or members tied to those organisations — fall inside the Act’s approved‑authority rules for PSSAP superannuation arrangements, affecting eligibility and legal obligations under the 2005 Act."},"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":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: to specify which authorities are excluded from PSSAP membership. The amendments have only added or removed specific entities from the list in Schedule 1 (e.g., adding Sport Integrity Australia in 2025), without expanding the Declaration's scope or legal mechanism."},"complexity_factors":["Very short document (approximately 2 substantive sections)","Only 2 defined terms in the interpretation section","No conditional logic or nested exceptions","Single operative provision (section 4) with straightforward effect","Schedule 1 is a simple list of 11 named entities with no additional conditions","No cross-references to other legislation beyond the parent Act citation"],"plain_english_summary":"This Declaration bars specified government-related employers from enrolling their staff in the Public Sector Superannuation Accumulation Plan (PSSAP). It names several state symphony orchestras and specific bodies such as Aboriginal Hostels Limited, the Australian Fisheries Management Authority, Calvary Health Care ACT, Health Services Australia and Sport Integrity Australia.\n\nEmployees of those bodies cannot join PSSAP, so their employers must use alternative superannuation arrangements — affecting retirement choices and payroll/administrative arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pssap-approved-authority-exclusion-declaration-2005","history":"/api/acts/superannuation-pssap-approved-authority-exclusion-declaration-2005/history","analysis":"/api/acts/superannuation-pssap-approved-authority-exclusion-declaration-2005/analysis","conflicts":"/api/acts/superannuation-pssap-approved-authority-exclusion-declaration-2005/conflicts","importantCases":"/api/acts/superannuation-pssap-approved-authority-exclusion-declaration-2005/important-cases","documents":"/api/acts/superannuation-pssap-approved-authority-exclusion-declaration-2005/documents"}}