{"id":"F2005L01897","name":"Superannuation (PSSAP) Membership Eligibility (Exclusion) Declaration 2005","slug":"superannuation-pssap-membership-eligibility-exclusion-declaration-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":36094,"registerId":"commonwealth-F2005L01897-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSSAP) Membership Eligibility (Exclusion) Declaration 2005","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nSuperannuation (PSSAP) Membership Eligibility (Exclusion) Declaration 2005\n\nmade under paragraph 13(2)(h) of the\n\nSuperannuation Act 2005\n\nCompilation No. 4\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) Membership Eligibility (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\nContents\n\n1 Name of Declaration\n\n3 Definitions\n\n4 Persons not eligible to become PSSAP members under Section 13 of the 2005 Act\n\nSchedule 1 Persons not eligible to become PSSAP members\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n1 Name of Declaration\n\nThis Declaration is the Superannuation (PSSAP) Membership Eligibility (Exclusion) Declaration 2005.\n\n3 Definitions\n\nIn this Declaration:\n\n| 2005 Act                           | means the Superannuation Act 2005.                                                                                                |\n| ---------------------------------- | --------------------------------------------------------------------------------------------------------------------------------- |\n| 1995 Exclusion Declaration         | means the Superannuation (PSS) Membership Exclusion Declaration 1995 as in force at 1 July 2005.                                  |\n| approved authority                 | has the same meaning as in the 2005 Act.                                                                                          |\n| Board                              | has the same meaning as in the 2005 Act.                                                                                          |\n| ordinary employer‑sponsored member | has the same meaning as in the 2005 Act.                                                                                          |\n| PSSAP                              | means the Public Sector Superannuation Accumulation Plan established by Trust Deed in accordance with section 10 of the 2005 Act. |\n| PSSAP member                       | has the same meaning as in the Trust Deed made under section 10 of the 2005 Act.                                                  |\n| public sector employee             | has the same meaning as in the 2005 Act.                                                                                          |\n\n4 Persons not eligible to become PSSAP members under Section 13 of the 2005 Act\n\n(1) A person listed in Schedule 1 is not eligible to become a PSSAP member.\n\nSchedule 1 Persons not eligible to become PSSAP members\n\n(section 4)\n\n\\[1\\] A person, in respect of particular employment or holding a particular office, who:\n\n(a) if they became a PSSAP member, would not become an ordinary employer‑sponsored member; or\n\n(b) in respect of whom, if the person is not an ordinary‑employer sponsored member and if the person was to become an ordinary employer‑sponsored member, the Superannuation Industry (Supervision) Act 1993 would prevent the PSSAP from accepting contributions made by an employer.\n\n\\[2\\] A person:\n\n(a) holding a particular statutory office and the person’s current term of appointment to that office included a day in the financial year ending on 30 June 2005; or\n\n(b) employed in respect of particular employment which is for a fixed term and the term included a day in the financial year ending on 30 June 2005; or\n\n(c) employed in respect of particular employment which is not for a fixed term and their period of employment included a day in the financial year ending on 30 June 2005.\n\n\\[3\\] A person:\n\n(a) who is employed by an approved authority; and\n\n(b) meets the requirements set out in paragraph (b) of item 3 of the Schedule of the 1995 Exclusion Declaration; and\n\n\\[4\\] A person:\n\n(a) who holds a statutory office; and\n\n(b) meets the requirements set out in paragraphs (b) and (c) of item 4 of the Schedule of the 1995 Exclusion Declaration.\n\n\\[5\\] A person:\n\n(a) who is a public sector employee; and\n\n(b) meets the requirements set out in paragraphs (b), (c) and (d) of item 8 of the Schedule of the 1995 Exclusion Declaration.\n\n\\[6\\] A person who is a member of the Legislative Assembly for the Australian Capital Territory.\n\n\\[7\\] A person who holds a statutory office under any of the following Acts:\n\n(a) Air Services Act 1995;\n\n(b) Australian National University Act 1991; and\n\n(c) Australian Postal Corporation Act 1989.\n\n\\[8\\] A person who holds a statutory office under University of Canberra Act 1989 of the Australian Capital Territory.\n\n\\[9\\] A person who holds a statutory office under a law of the Northern Territory of Australia.\n\n\\[10\\] A person who holds office as a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n\\[11\\] A person who commences in employment with Icon Water Limited other than a person who:\n\n(a) commenced that employment on or after 1 July 2005; and\n\n(b) immediately before commencing that employment was an ordinary employer‑sponsored member; and\n\n(c) does not ask, in writing, within 28 days after commencing that employment, not to be treated as an ordinary employer‑sponsored member.\n\n> Note: Endnotes\n\n> Note: Endnote 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> Note: Endnote 2—Abbreviation key\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> Note: Endnote 3—Legislation history\n\n| Name                                                                                                                 | Registration               | Commencement                                     | Application, saving and transitional provisions |\n| -------------------------------------------------------------------------------------------------------------------- | -------------------------- | ------------------------------------------------ | ----------------------------------------------- |\n| Superannuation (PSSAP) Membership Eligibility (Exclusion) Declaration 2005                                           | 30 June 2005 (F2005L01897) | 1 July 2005 (s 2)                                |                                                 |\n| Superannuation (PSSAP) Membership Eligibility (Exclusion) Amendment Declaration 2007 (No. 1)                         | 22 Nov 2007 (F2007L04458)  | 23 Nov 2007 (s 2)                                | —                                               |\n| Superannuation (PSSAP) Membership Eligibility (Exclusion) Amendment (Judges) Declaration 2021                        | 13 Aug 2021 (F2021L01113)  | Sch 1: 1 Sept 2021 (s 2(1) item 2)               | —                                               |\n| Superannuation Legislation (CSS, PSS and PSSAP Membership) Amendment Declaration 2025                                | 4 Mar 2025 (F2025L00283)   | Sch 1 (items 25, 26): 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 18): 6 Mar 2025 (s 2(1) item 1)      | —                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected         | How affected                                          |\n| -------------------------- | ----------------------------------------------------- |\n| s 2.....................   | rep LA s 48D                                          |\n| s 3.....................   | am F2021L01113                                        |\n| Schedule 1                 |                                                       |\n| Schedule 1................ | am F2007L04458; F2021L01113; F2025L00283; F2025L00293 |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The exclusion list in Schedule 1 has been amended since 2005, expanding and refining categories of excluded persons. The amendment history shows additions and changes (including judges in 2021 and ACT/NT government body items in 2025) and other Schedule edits (Endnote 3; Endnote 4; Schedule 1). These amendments altered who is excluded by name/class and by reference to specific employment dates and transitional rules (see Schedule 1 and the endnotes documenting F2007L04458, F2021L01113, F2025L00283, F2025L00293)."},"complexity_factors":["Dependence on multiple external instruments and definitions (Superannuation Act 2005; Trust Deed; Superannuation Industry (Supervision) Act 1993; the 1995 Exclusion Declaration) (see s3 definitions; Schedule 1 references to the 1995 Exclusion Declaration and SIS Act in item [1](b)).","Schedule‑based exclusions use varied legal categories (statutory office holders, public sector employees, judges, employer‑specific classes) rather than a single test (Schedule 1 generally).","Temporal conditions tied to the financial year ending 30 June 2005 for several exclusions (Schedule 1 [2]).","Transitional and opt‑out mechanics for particular employers (Icon Water rule: Schedule 1 [11] with a 28‑day written opt‑out window).","Multiple amendments over time altering the Schedule (see Endnote 3 & Endnote 4), creating interpretive history to consult.","Operational burden on trustees/employers to determine an individual's status (ordinary employer‑sponsored member tests referenced in s3 definition and Schedule 1 [1])."],"plain_english_summary":"This Declaration lists categories of people who are legally excluded from becoming members of the Public Sector Superannuation Accumulation Plan (PSSAP). It covers certain public‑sector employees, statutory office holders, particular judges and a few transitional cases (for example Icon Water employees), and thereby determines who can receive PSSAP membership and employer contributions.\n\nThe instrument matters to employers, the PSSAP trustee/Board and affected workers because it fixes eligibility by reference to other laws and past service dates."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The Declaration has grown beyond its original scope through incremental additions. Originally focused on basic employment status exclusions (items 1-5), it has expanded to include specific statutory offices (items 6-9), judicial officers (item 10 added in 2021), and specific corporate employees (item 11 added in 2007 and amended in 2025). The 2025 amendments added Northern Territory statutory offices and refined ACT government body exclusions, showing the Declaration has evolved from a simple eligibility filter into a complex instrument managing exclusions across multiple jurisdictions and employment types."},"complexity_factors":["Multiple cross-references to external legislation (Superannuation Act 2005, Superannuation Industry (Supervision) Act 1993, and the 1995 Exclusion Declaration)","Nested conditional logic in Item 11 (Icon Water employees) with three cumulative requirements plus a 28-day time limit","Reliance on defined terms from parent legislation rather than standalone definitions","Temporal conditions referencing specific financial years (2004-05) that create grandfathering arrangements","Incorporation by reference to items in the 1995 Exclusion Declaration without reproducing that text","Mixture of employment status tests (fixed-term vs ongoing), statutory office tests, and employer-specific exclusions"],"plain_english_summary":"This Declaration sets out who is excluded from joining the Public Sector Superannuation Accumulation Plan (PSSAP), narrowing membership to eligible Commonwealth public servants. It covers various groups — certain short‑term or pre‑2005 fixed‑term workers, employees of particular government bodies and universities, some territory officeholders and judges, Icon Water staff in defined cases, and others whose employer contributions don’t meet ordinary superannuation rules. \n\nIt matters because it prevents ineligible people from entering PSSAP and ensures employees remain in appropriate super arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pssap-membership-eligibility-exclusion-declaration-2005","history":"/api/acts/superannuation-pssap-membership-eligibility-exclusion-declaration-2005/history","analysis":"/api/acts/superannuation-pssap-membership-eligibility-exclusion-declaration-2005/analysis","conflicts":"/api/acts/superannuation-pssap-membership-eligibility-exclusion-declaration-2005/conflicts","importantCases":"/api/acts/superannuation-pssap-membership-eligibility-exclusion-declaration-2005/important-cases","documents":"/api/acts/superannuation-pssap-membership-eligibility-exclusion-declaration-2005/documents"}}