Part 1 Preliminary

Part 1 Preliminary

1 Name of Act

1 Name of Act

This Act may be cited as the Aware Super Act 1992.

s 1: Am 2022 No 29, Sch 2.1[1].

2 Commencement

2 Commencement

This Act commences on the date of assent to this Act.

s 2: Am 2005 No 91, Sch 2.1 [2].

3 Definitions

3 Definitions

The Dictionary at the end of this Act contains definitions of words and expressions used in this Act.

4 Meaning of “salary or wages”

4 Meaning of “salary or wages”

(1) For the purposes of this Act, the salary or wages of an employee is—

(a) in the case of an employee who is not an executive officer, the total of—

(i) earnings in respect of ordinary hours of work, and

(ii) earnings consisting of over-award payments, shift-loading or commission, and

(iii) allowances and other payments of a kind prescribed by the regulations for the purposes of this subsection, and

(iv) if employment benefits of a kind prescribed by the regulations for the purposes of this subsection are provided to the employee, the cost of providing the employment benefits, or

(b) in the case of an employee who is an executive officer, the salary or wages as last nominated or changed in accordance with this section.

(1A) A regulation made for the purposes of subsection (1) (a) (iii) or (iv)—

(a) may only be made with the concurrence of the Treasurer, and

(b) may apply to all employees who are not executive officers, or to specified employees or classes of employees who are not executive officers.

(2) An amount of salary or wages for the purposes of this Act must be nominated to the employer of an employee who is an executive officer by the employee on, or as soon as practicable after, becoming an employee or being appointed as an executive officer (whichever occurs first). An amount may also be nominated to the employer by the employee on, or as soon as practicable after, being reappointed, or appointed to another position, as an employee.

(3) The amount nominated is to be not less than—

(a) the monetary remuneration payable to the employee at the date of nomination, or

(b) the maximum contribution base, within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, applicable at that time,

whichever is the lower.

(4) The amount nominated is to be not more than the total value of the remuneration package paid to the employee (less the cost of providing employer’s contributions to superannuation and any performance-related incentive payment), expressed as an annual rate.

(5) If the employee fails to nominate an amount of salary or wages within 28 days after first becoming an employee or being appointed as an executive officer (whichever occurs first) or within such further period as the trustee may allow, the employee is taken to have nominated an amount of salary or wages that is equal to the monetary remuneration payable to the employee at the end of the applicable period.

(6) An employee who is an executive officer may, from time to time, by notice to the employee’s employer elect to reduce the amount of salary or wages nominated under this section, but not so that the amount is less than the monetary remuneration payable to the employee at the date of the election.

(7) An employee who is an executive officer may, from time to time, by notice to the employee’s employer elect to increase the amount of salary or wages nominated under this section, but not so as to increase the amount nominated by a percentage of that amount that is more than the percentage by which the remuneration package of the employee has increased since the amount of the salary or wages was last nominated or changed.

(8) An employer must notify the trustee of a nomination or election under this section. Any such nomination or election takes effect on the date of notification to the trustee or on such other date as the trustee may determine with the consent of the employee concerned.

(9) Nothing in this section requires the nominated amount of salary or wages to be increased if, because of a variation in the remuneration package of an employee or in the proportions of the remuneration package comprising monetary remuneration and employment benefits of the employee, the amount of salary or wages as last nominated or changed for the purposes of this section is less than the monetary remuneration of the employee.

(10) In this section—

employment benefit means a benefit provided to an employee at the cost of the employee’s employer (being a benefit of a private nature).

trustee means the trustee of the superannuation scheme or approved deposit fund, or the provider of the retirement savings account, to which the compulsory employer superannuation contributions are payable.

s 4 (previously s 3A): Renumbered 2005 No 91, Sch 2.1 [10]. Am 2005 No 91, Sch 2.1 [3]–[9].

5 Notes

5 Notes

Matter appearing under the heading “Note” does not form part of this Act.

s 5 (previously s 4): Renumbered 2005 No 91, Sch 2.1 [10].

Part 2 Compulsory employer superannuation contributions

Part 2 Compulsory employer superannuation contributions

pt 2: Ins 2005 No 91, Sch 2.1 [11].

6 Employers to whom Act applies

6 Employers to whom Act applies

(1) The employers to whom this Act applies are—

(a) the Crown, the Government or a Minister or other member of Parliament, and

(b) the authorities specified in Schedule 1.

(2) Members of the NSW Police Force are, for the purposes of this Act, taken to be employed in the NSW Police Force by the Crown.

(3) An employee who is employed by the Crown, the Government or a Minister or other member of Parliament is, for the purposes of this Act, taken to be employed by the person or organisation prescribed by the regulations for the purposes of this section.

s 6: Ins 2005 No 91, Sch 2.1 [11]. Am 2006 No 94, Sch 3.13; 2013 No 41, Sch 3.1.

7 Employers may be changed

7 Employers may be changed

(1) The Governor may, by order published on the NSW legislation website, amend Schedule 1.

(2) An order under this section, and any order revoking or varying such an order, may be made—

(a) to take effect on and from a day specified in the order, whether or not the day is earlier than the day of publication of the order, and

(b) to effect the amendment to which it relates with such limitations as are specified in the amendment.

s 7: Ins 2005 No 91, Sch 2.1 [11]. Am 2009 No 56, Sch 4.20.

8 Compulsory employer superannuation contributions

8 Compulsory employer superannuation contributions

(1) An employer must make, for each employee (other than an excluded employee), a superannuation contribution equivalent to the salary contribution percentage for the employee for each financial year, or part, for which the employee is an employee.

(2) The salary contribution percentage for a person, in relation to a financial year referred to in Column 1 in the table to this subsection, is the percentage of the salary or wages of the person specified in Column 2 for that financial year.

| Column 1Year | Column 2Percentage | | Year starting on 1 July 2013 | 9.25 | | Year starting on 1 July 2014 | 9.5 | | Year starting on 1 July 2015 | 10 | | Year starting on 1 July 2016 | 10.5 | | Year starting on 1 July 2017 | 11 | | Year starting on 1 July 2018 | 11.5 | | Year starting on or after 1 July 2019 | 12 |

(2A) The regulations may prescribe a period or a percentage to replace, or in addition to, any period or percentage in the table to subsection (2) to reflect any changes to the superannuation guarantee charge percentage prescribed by section 19 (2) of the relevant Commonwealth legislation.

(2B) When a period or percentage is prescribed under subsection (2A), it applies for the purposes of subsection (2) in place of the period or percentage that it replaces or (if additional) as if it formed part of the table to that subsection.

(3) An employer is not required to make a contribution in respect of an employee if, in order to be consistent with any relevant Commonwealth superannuation standard, a superannuation fund must not accept contributions in respect of the employee.

(4) Nothing in this section prevents an employer from making superannuation contributions in addition to those required by this section in respect of employees.

(5) Subsection (1) does not apply in relation to—

(a) an employee to whom an employer pays a total salary or wages in any month, including any amount payable under subsection (6), that is less than the amount prescribed by section 27 (2) of the relevant Commonwealth legislation, or

(b) an employee to whom section 27 (1) (a) of the relevant Commonwealth legislation applies,

in relation to employment of a kind prescribed by the regulations.

(6) Where subsection (1) does not apply, the employer must pay to the employee an amount equivalent to the superannuation contribution that would have been payable but for the operation of subsection (5).

(7) The amount payable under subsection (6) is in addition to any salary or wages payable to the employee.

(8) In this section, relevant Commonwealth legislation means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

Note.

The amount prescribed by section 27 (2) of the relevant Commonwealth legislation is $450. Section 27 (1) (a) of the relevant Commonwealth legislation provides that the salary or wages of an employee who is aged 70 or over is to be excluded from the calculation of the superannuation guarantee shortfall under the relevant Commonwealth legislation.

s 8: Ins 2005 No 91, Sch 2.1 [11]. Am 2008 No 41, Sch 1; 2013 No 69, Sch 2 [1].

9 Payment of compulsory employer superannuation contributions

9 Payment of compulsory employer superannuation contributions

(1) An employer must pay the compulsory employer superannuation contribution for an employee to—

(a) the Fund, or

(b) if a nomination is in force under this section, the nominated complying superannuation fund, complying approved deposit fund or retirement savings account.

(2) An employee may, by written notice to the employer, nominate a complying superannuation fund other than the Fund or a complying approved deposit fund or a retirement savings account as the fund or account to which the compulsory employer superannuation contribution is to be paid.

(3) An employee may, by written notice to the employer, revoke or vary a nomination under this section at any time.

ss 9–12: Ins 2005 No 91, Sch 2.1 [11].

10 Excluded employees

10 Excluded employees

(1) The compulsory employer superannuation contribution is not payable for the following employees—

(a) an employee who is a contributor to or a member of an STC scheme (within the meaning of the Superannuation Administration Act 1996) in respect of the same contract of employment,

(b) an employee who is a Judge within the meaning of the Judges’ Pensions Act 1953, a master within the meaning of the Supreme Court Act 1970, the Solicitor General or the Director of Public Prosecutions,

(c) an employee who, while receiving salary or wages for work done outside Australia, is not treated as a resident of Australia for the purposes of the Income Tax Assessment Act 1936 of the Commonwealth.

(2) Subsection (1) (a) does not apply to an employee who has preserved a benefit in an STC scheme, or is entitled to a deferred accrued benefit under the State Authorities Non-contributory Superannuation Act 1987, and who is not otherwise a participant in any such scheme.

ss 9–12: Ins 2005 No 91, Sch 2.1 [11].

11 Certain employees may elect to have compulsory employer superannuation contributions cease where pension RBL exceeded

11 Certain employees may elect to have compulsory employer superannuation contributions cease where pension RBL exceeded

(1) An employee may give his or her employer a written notice requiring the employer to cease to make the compulsory employer superannuation contribution in respect of the employee.

(2) The notice may be given only if it is accompanied by the statements referred to in section 19 (4) (b) of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

(3) A notice given under this section is irrevocable.

(4) An employer who is given a notice under this section—

(a) must comply with it, and

(b) is not required to make the compulsory employer superannuation contribution in respect of the employee concerned.

ss 9–12: Ins 2005 No 91, Sch 2.1 [11].

12 Contributions for employees who fund their own superannuation

12 Contributions for employees who fund their own superannuation

(1) This section applies to an employee, other than an executive officer, who is employed under a contract under which contributions made by the employer to the employee’s superannuation form part of the total remuneration package of the employee and are deducted from the monetary remuneration otherwise payable to the employee.

(2) An employee to whom this section applies may give his or her employer a written notice requiring the employer to cease to make the compulsory employer superannuation contribution in respect of an amount of salary or wages of the employee that exceeds the maximum contribution base.

(3) An employer who is given such a notice—

(a) must comply with it, and

(b) is not required to make the compulsory employer superannuation contribution in respect of that part of the salary or wages of the employee that exceeds the maximum contribution base, as applicable from time to time.

(4) A notice given under this section may be revoked by the employee by further written notice given to the employer.

(5) If the notice is revoked, the employer is required to resume making the compulsory employer superannuation contribution in respect of that part of the salary or wages of the employee that exceeds the maximum contribution base in the financial year that commences after the notice of revocation is given to the employer.

ss 9–12: Ins 2005 No 91, Sch 2.1 [11].

Part 3 Miscellaneous

Part 3 Miscellaneous

pt 3, hdg (previously Part 6, heading): Renumbered 2005 No 91, Sch 2.1 [17].

13 Removal of employers from Act

13 Removal of employers from Act

(1) This section applies where an employer is removed from Schedule 1.

(2) On an employer being so removed, an employee of the employer is taken to have ceased to be employed by an employer for the purposes of this Act.

s 13 (previously s 63): Renumbered 2005 No 91, Sch 2.1 [18]. Am 2005 No 91, Sch 2.1 [12].

14 Trust deed to continue previous firefighter disability arrangements

14 Trust deed to continue previous firefighter disability arrangements

(1) The trust deed or rules made under the trust deed must make provision for or with respect to the continuation of arrangements, in force immediately before the registration day for FTC, relating to the payment of amounts from the Fund in respect of death or incapacity benefits under the firefighters award, and the subsequent reduction or application of benefits, and other ancillary matters.

(2) Provision made for the purposes of this section may be in general or particular terms and may be by means of special arrangements permitted to be entered into under the trust deed or rules under the trust deed.

(3) Nothing in this section requires the continuation of any arrangement at any time after the relevant provisions of the firefighters award cease to have effect.

(4) Nothing in this section requires the trust deed or rules under the trust deed to make provision for or with respect to a matter that is inconsistent with the Superannuation Industry (Supervision) Act 1993 of the Commonwealth or any regulations or other instruments made under that Act.

(5) In this section—

death or incapacity benefit means a benefit payable to or in respect of a firefighter under the firefighters award if—

(a) the firefighter dies, or

(b) the firefighter suffers total and permanent incapacity or partial and permanent incapacity.

firefighter means—

(a) a member of the permanent fire brigade, or

(b) a member of a retained fire brigade,

under the Fire and Rescue NSW Act 1989.

firefighters award means the Crown Employees (NSW Fire Brigades Firefighting Staff Death and Disability) Award 2003.

registration day for FTC means the day on which FTC is taken to be registered as a proprietary company limited by shares for the purposes of section 5H of the Corporations Act 2001 of the Commonwealth.

s 14 (previously s 65): Ins 2005 No 91, Sch 2.1 [14]. Renumbered 2005 No 91, Sch 2.1 [18]. Am 2018 No 59, Schs 5.1, 5.2.

15 Regulations

15 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the regulations may make provision for or with respect to the manner in which notices under this Act are to be given.

s 15 (previously s 76): Renumbered 2005 No 91, Sch 2.1 [18]. Am 2005 No 91, Sch 2.1 [16].

16 Savings, transitional and other provisions

16 Savings, transitional and other provisions

Schedule 3 has effect.

s 16: Renumbered 2005 No 91, Sch 2.1 [18].

17 Review of Act

17 Review of Act

(1) The Minister is to review this Act to determine whether the policy objectives of this Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

(3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

ss 17 (previously ss 77, 79): Renumbered 2005 No 91, Sch 2.1 [18].

Schedule 1 Employers

Schedule 1 Employers

(Sections 6 and 7)

A Public Service agency within the meaning of the Government Sector Employment Act 2013

NSW Police Force

Health Administration Corporation

Water Administration Ministerial Corporation

Sydney Water Corporation

Hunter Water Corporation

Australian Museum Trust

TransGrid (limited to those employees—

(a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002)

The Corporation constituted under the Superannuation Administration Authority Corporatisation Act 1999

FSS Trustee Corporation

SAS Trustee Corporation

New South Wales Treasury Corporation

Judicial Commission

Independent Commission Against Corruption

A corporation constituted under the Growth Centres (Development Corporations) Act 1974

Clann Limited

Homebush Bay Ministerial Corporation

Hunter Valley Catchment Management Trust

Justice and Police Museum Limited

Waste Recycling and Processing Corporation

New South Wales Film and Television Office

The Trustees of the Anzac Memorial Building

Garvan Institute of Medical Research (limited to those persons—

(a) who were employees of that Institute immediately before 6 March 1998, and

(b) who were members of the Fund immediately before that date)

The New South Wales Teachers’ Federation

Public Service Association of New South Wales

Australian Transport Officers Federation (New South Wales Division)

The Water and Sewerage Employees Union (Salaried Division and Wages Division)

Australian Railways Union

The Australian Tramway and Motor Omnibus Employees’ Association

Australian Federated Union of Locomotive Enginemen

Police Association of New South Wales

Trustees of Arakoon State Conservation Area

Trustees of Bent’s Basin State Conservation Area

Trustees of Burrendong State Conservation Area

Trustees of Burrinjuck State Conservation Area

Trustees of Copeton State Conservation Area

Trustees of Lake Glenbawn State Conservation Area

Trustees of Grabine State Conservation Area

Trustees of Killalea State Conservation Area

Trustees of Lake Keepit State Conservation Area

Trustees of Wyangala State Conservation Area

Sydney Opera House Trust

Wentworth Park Trust

Zoological Parks Board of New South Wales

Roads and Maritime Services

State Transit Authority

The Hills Centre Limited (limited to those employees—

(a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002)

Parramatta Park Reserve Trust

Parramatta Stadium Trust

Ambulance Service of New South Wales

New South Wales Lotteries Corporation

Technical and Further Education Commission

The Wild Dog Destruction Board

Audit Office

Lord Howe Island Board

New South Wales Casino Control Authority

Burrendong Arboretum Trust

Government Pricing Tribunal of New South Wales

Financial Institutions Commission (limited to those persons—

(a) who, being members of the Fund, were employed in the Registry of Co-operatives, Department of Local Government and Co-operatives, immediately before the transfer date specified in the order by which their employment was transferred to that Commission in accordance with clause 3 of Schedule 3 to the Financial Institutions Commission Act 1992, and

(b) who did not cease to be members of the Fund by that date)

Public Transport Union NSW Branch (limited to—

(a) persons who were employed by the Public Transport Union NSW Branch and were members of the Fund on 1 March 1993, and

(b) persons who have become employed by that Branch after that date and who were members of the Fund immediately before they became so employed)

Sydney Organising Committee for the Olympic Games

New South Wales Aboriginal Land Council

Hawkesbury-Nepean Catchment Management Trust

Port Authority of New South Wales

Port Kembla Port Corporation

Sydney Ports Corporation

Maritime Authority of NSW

Port Macquarie Base Hospital (limited to those persons—

(a) who were, immediately before 2 November 1994—

(i) employees of Hastings District Hospital, Port Macquarie, and

(ii) full or optional members of the First State Superannuation Fund, and

(b) who, on that date—

(i) transferred their employment to Port Macquarie Base Hospital, and

(ii) did not cease to be members of that Fund)

Delta Power & Energy (Chain Valley) Pty Ltd, formerly known as Great Southern Energy Pty Ltd, limited to those employees—

(a) who were, on 1 July 1997, employees referred to in the Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997, clause 6(2), (4) or (5), or

(b) who became employees—

(i) after 1 July 1997, and

(ii) before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002

Delta Electricity

Macquarie Generation

Advance Energy (limited to those employees—

(a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002)

Australian Inland Energy Water Infrastructure (limited to those employees—

(a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002)

EnergyAustralia (limited to those employees—

(a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002)

Integral Energy Australia (limited to those employees—

(a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002)

NorthPower (limited to those employees—

(a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002)

Hawkesbury District Health Service Limited (limited to persons—

(a) who were, immediately before 7 August 1996, employees of the Hawkesbury District Hospital, Windsor and full or optional members of the First State Superannuation Fund, and

(b) who, on that date, transferred their employment to Hawkesbury District Health Service Limited and did not cease to be members of that Fund)

Benevolent Society of New South Wales (limited to Genoveva Almeida, Robyn Brooks, Adrian Ford, Caroline Lynn, Lynne Perl, Angela Plant, Elizabeth Sawtell, Beulah Warren, Pauline Wells, Barbara Wittig and Joan Lunz while continually employed by the Society)

Olympic Roads and Transport Authority

Australian Prudential Regulation Authority (limited to those persons—

(a) who, being members of the Fund or the State Authorities Superannuation Fund or the State Superannuation Fund, were employed by the Financial Institutions Commission immediately before they became employees of the Authority under section 32 of the Financial Sector Reform (New South Wales) Act 1999, and

(b) who did not cease to be members of the State Authorities Superannuation Fund or the State Superannuation Fund before they became employees of the Authority)

Police Integrity Commission

Eraring Energy

New South Wales Institute of Sport

Parramatta Rail Link Company Pty Limited

Catholic Health Care Services Limited (limited to those persons—

(a) who were employed at the Bodington Hospital, Wentworth Falls, immediately before 1 September 2001, or

(b) who were employed at Lourdes Hospital and Community Health Service immediately before 9 August 2004 and who, on or after that date, transferred their employment to Holy Spirit Dubbo, or

(c) who were employees of Mid Western Area Health Service immediately before 1 October 2004 and transferred their employment to Macquarie Care Centre, Bathurst, on that date)

Mercy Care Centre Young Limited (limited to those persons who were employed at the Mt St Joseph’s Residential Care Facility, Young, immediately before 1 September 2001)

The Trustees of the Roman Catholic Church for the Diocese of Lismore (limited to those persons who were employed at the St Joseph’s Nursing Home, Lismore, immediately before 1 September 2001)

Landcom

Pacific National (NSW) Pty Ltd (limited to those persons who were, immediately before 21 February 2002, employees of the Freight Rail Corporation)

Pacific National (ACT) Limited (limited to those persons who were, immediately before 21 February 2002, employees of the Freight Rail Corporation)

A body corporate constituted under the Local Government Act 1993 as a council or a county council (limited to those employees—

(a) who were employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002, not being employees referred to in clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997)

A livestock health and pest authority constituted under the Rural Lands Protection Act 1998

The NSW Local Government Industry Training Committee Incorporated

Local Government Association of New South Wales (limited to those employees—

(a) who were employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002, not being employees referred to in clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997)

Shires Association of New South Wales (limited to those employees—

(a) who were employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002, not being employees referred to in clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997)

Electricity Association of New South Wales (limited to those employees—

(a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002)

Health Services Association of New South Wales

Institute of Municipal Management (limited to those employees—

(a) who were, on 1 July 1997, employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002)

New South Wales Nurses and Midwives’ Association

State Sports Centre Trust

Venues NSW

| Australian Health Management Group Pty Limited (formerly known as Government Employees Health Club, Government Employees Health Fund Limited and Australian Health Management Group Limited)Keep Australia BeautifulSydney Credit Union | } | (limited to persons who were employees of the employer on 7 December 1992) |

Waverley-Woollahra Destruction Committee (limited to those employees—

(a) who were employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002, not being employees referred to in clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997)

Richmond-Tweed Regional Library (limited to those employees—

(a) who were employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002, not being employees referred to in clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997)

Richmond-Upper Clarence Regional Library (limited to those employees—

(a) who were employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002, not being employees referred to in clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997)

Health Services Union, being the authority registered under that name on 1 October 2003 as a State industrial organisation of employees under Chapter 5 of the Industrial Relations Act 1996

Northern Area Regional Organisation of Councils (limited to those employees—

(a) who were employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002, not being employees referred to in clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997)

Health and Building Surveyors Association of New South Wales (limited to those employees—

(a) who were employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002, not being employees referred to in clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997)

Federated Municipal and Shire Council Employees’ Union of Australia, New South Wales Division (limited to those employees—

(a) who were employees referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002, not being employees referred to in clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997)

Rural Lands Protection Boards’ Association of New South Wales

A public health organisation within the meaning of the Health Services Act 1997.

Trustees of the Roman Catholic Church for the diocese of Maitland-Newcastle (limited to those employees who were employed at St Joseph’s Home, Sandgate, immediately before 11 October 2002).

Western Sydney Buses

POWMRI Limited (limited to those employees who were employees of the University of New South Wales immediately before 21 July 2003)

Healthscope Limited (limited to those employees who are contributors to the State Authorities Superannuation Scheme under the State Authorities Superannuation Act 1987)

Jenolan Caves Reserve Trust

Rail Corporation New South Wales

Independent Transport Safety and Reliability Regulator

Sydney Ferries

Cancer Institute (NSW)

Natural Resources Commission

Australian Rail Track Corporation Ltd (limited to those persons who—

(a) become employees of Australian Rail Track Corporation Ltd on or after 1 June 2004 and not later than 31 December 2008, and

(b) cease to be employed by Rail Infrastructure Corporation, RailCorp or the State Rail Authority not more than 30 days before being so employed, and

(c) do not elect to cease to be contributors to the Fund within 30 days of commencing employment with Australian Rail Track Corporation Ltd).

National Office Products Ltd (limited to those persons—

(a) who were—

(i) employed in the Q Stores business unit of the Department of Commerce, and

(ii) members of the Fund,

immediately before 1 February 2005, and

(b) who, on that date, transferred their employment to National Office Products Ltd and did not cease to be members of the Fund)

Calvary Aged Care Limited, limited to the employees—

(a) who were employees of Hunter Area Health Service immediately before 2 April 2003, and

(b) who, on or after that date—

(i) transferred their employment from Hunter Area Health Service to Calvary Retirement Community Cessnock Limited, and

(ii) did not cease to be members of the Fund, and

(c) whose employment is transferred from Calvary Retirement Community Cessnock Limited to Calvary Aged Care Limited.

Forestry Corporation

Infrastructure NSW

Local Government and Shires Association of New South Wales (limited to those employees—

(a) who were employees of the former Local Government Association of New South Wales or Shires Association of New South Wales referred to in clause 6 (2), (4) or (5) of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997, or

(b) who became employees of the former Local Government Association of New South Wales or Shires Association of New South Wales after 1 July 1997 and before the commencement of the First State Superannuation (Local Government and Energy Employers) Order 2002, not being employees referred to in clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997)

Port Botany Operations Pty Limited (as trustee of the Port Botany Unit Trust), limited to those employees whose employment is transferred from Sydney Ports Corporation to Port Botany Operations Pty Limited (as trustee of the Port Botany Unit Trust) by order under section 16 of the Ports Assets (Authorised Transactions) Act 2012

Port Kembla Operations Pty Limited (as trustee of the Port Kembla Unit Trust), limited to those employees whose employment is transferred from Port Kembla Port Corporation to Port Kembla Operations Pty Limited (as trustee of the Port Kembla Unit Trust) by order under section 16 of the Ports Assets (Authorised Transactions) Act 2012

NSW Trains

Sydney Trains

Transport Cleaning Services

Eraring Energy Services Pty Limited, limited to those employees whose employment is transferred from Eraring Energy to Eraring Energy Services Pty Limited by order under section 14 of the Electricity Generator Assets (Authorised Transactions) Act 2012

Green State Power Pty Ltd

EnergyAustralia NSW Pty Ltd, limited to those employees whose employment is transferred from Delta Electricity to EnergyAustralia NSW Pty Ltd pursuant to offers of employment made under the Sale and Purchase Agreement (Delta Western Assets) dated 25 July 2013 between the Crown in Right of the State of New South Wales, Delta Electricity, EnergyAustralia Pty Ltd and EnergyAustralia NSW Pty Ltd

AGL Macquarie Pty Limited, limited to those employees whose employment is transferred from Macquarie Generation to AGL Macquarie Pty Limited pursuant to offers of employment made under the Sale and Purchase Agreement dated 12 February 2014 between Macquarie Generation and AGL Macquarie Pty Limited

Water NSW

Snowy Hydro Limited, limited to those employees whose employment is transferred from Delta Electricity to Snowy Hydro Limited pursuant to offers of employment made under the Sale and Purchase Agreement (Colongra Assets) dated 29 December 2014 between the Crown in Right of the State of New South Wales, Delta Electricity and Snowy Hydro Limited

Insurance and Care NSW

Delta Power & Energy (Vales Point) Pty Ltd, formerly known as Sunset Power International Pty Ltd, limited to those employees whose employment was transferred from Delta Electricity to the employer pursuant to offers of employment made under the Sale and Purchase Agreement dated 19 November 2015 between Delta Electricity and Sunset Power International Pty Ltd

Australian Unity Home Care Service Pty Ltd, limited to those persons whose employment was transferred to Australian Unity Home Care Service Pty Ltd in accordance with the Implementation and Sale Agreement (dated 27 August 2015) between the Crown in Right of the State of New South Wales, Australian Unity Home Care Pty Ltd and Australian Unity Limited

Australian Nursing and Midwifery Federation New South Wales Branch

sch 1: Am GG No 89 of 13.8.1993, pp 4525, 4526; GG No 110 of 8.10.1993, pp 6134, 6136; GG No 121 of 5.11.1993, p 6588; GG No 142 of 24.12.1993, p 7442 (see also GG No 35 of 11.2.1994, p 682); GG No 27 of 28.1.1994, p 361; GG No 46 of 18.3.1994, p 1187; GG No 73 of 27.5.1994, p 2448; GG No 93 of 15.7.1994, p 3652; GG No 99 of 29.7.1994, p 4032; GG No 113 of 2.9.1994, p 5489; GG No 150 of 11.11.1994, p 6677; 1994 No 64, Sch 3; 1994 No 82, Sch 6; 1994 No 88, Sch 7; GG No 74 of 16.6.1995, p 3177; 1995 No 13, Sch 4; 1995 No 18, Sch 5.7; GG No 83 of 7.7.1995, p 3617; GG No 131 of 27.10.1995, p 7425; 1995 No 95, Sch 4.11 [1]–[3]; 1995 No 96, Sch 2; GG No 67 of 7.6.1996, p 2925; 1996 No 39, Sch 4; 1996 No 40, Schs 2.1, 3.1; 1996 No 56, Sch 2; GG No 99 of 30.8.1996, p 5906; GG No 117 of 18.10.1996, p 6961; 1996 No 85, Sch 3.1; 1996 No 90, Sch 2.2; 1996 No 121, Sch 2.13; 1996 No 122, Sch 7.3 (am 1997 No 147, Sch 2.4); GG No 24 of 7.3.1997, p 1367; GG No 57 of 30.5.1997, p 3502; 1997 No 62, Sch 1.2; GG No 107 of 3.10.1997, p 8376; GG No 119 of 7.11.1997, p 8969; 1997 No 124, Sch 2.1; 1997 No 154, Sch 6.11; GG No 149 of 19.12.1997, p 10210 (see also GG No 32 of 20.2.1998, p 850); GG No 52 of 13.3.1998, p 1424; 1998 No 8, Sch 2.5; 1998 No 68, Sch 2.4; 1998 No 110, Sch 1.1; 1998 No 143, Sch 6.8; 1998 No 145, Sch 5.7 [1] [2]; 1998 No 170, Sch 3.3; 1999 No 5, Sch 5.1; GG No 76 of 2.7.1999, p 4641 (published in error—see GG No 81 of 16.7.1999, p 5002); GG No 86 of 30.7.1999, pp 5277, 5279; GG No 101 of 1.9.1999, pp 8270, 8273; 1999 No 86, Sch 1.1 [3]; GG No 81 of 30.6.2000, p 5796; 2000 No 89, Sch 2.2; 2000 No 102, Sch 3.3 [1] [2]; GG No 46 of 2.3.2001, p 1089; GG No 78 of 4.5.2001, pp 2220, 2222; 2001 No 35, Sch 3.1; GG No 108 of 6.7.2001, p 5230; 2001 No 52, Sch 1.4; 2001 No 58, Sch 3.3; 2001 No 59, Sch 3.2; GG No 190 of 14.12.2001, p 9970; 2001 No 129, Sch 3.1; GG No 48 of 22.2.2002, p 1016; GG No 82 of 3.5.2002, p 2571; GG No 89 of 24.5.2002, p 3220; 2002 No 38, Sch 5.4; 2002 No 39, Sch 5.2; GG No 142 of 6.9.2002, p 7923; GG No 210 of 8.11.2002, p 9462; GG No 25 of 24.1.2003, p 449; GG No 77 of 24.4.2003, p 4567; 2003 No 17, Sch 3.6; GG No 116 of 25.7.2003, p 7460; GG No 126 of 15.8.2003, p 7920; GG No 168 of 24.10.2003, p 10144; GG No 185 of 21.11.2003, p 10664; 2003 No 82, Sch 1.13; 2003 No 96, Sch 3.4; 2003 No 99, Sch 2.1; GG No 197 of 19.12.2003, p 11437; GG No 58 of 19.3.2004, p 1280; 2004 No 36, Sch 3.3; 2004 No 40, Sch 3.5; 2004 No 64, Sch 2.2; GG No 124 of 23.7.2004, pp 6040, 6042; GG No 153 of 1.10.2004, p 7791; GG No 162 of 15.10.2004, p 7950; 2004 No 91, Sch 2.29; GG No 200 of 17.12.2004, p 9389; GG No 204 of 24.12.2004, p 9695; GG No 34 of 18.3.2005, p 800; 2005 (321), cl 3; 2005 No 91, Sch 2.1 [19]; 2006 No 58, Sch 2.14; 2006 No 120, Sch 2.31; 2007 No 22, Sch 5.3; 2008 (168), cl 3; 2008 No 112, Sch 6.10; 2009 No 21, Sch 3.4; 2010 No 31, Schs 2.2, 3.3; 2011 No 41, Schs 3.2, 4.3, 5.7; 2011 No 62, Sch 3.12; 2012 No 95, Sch 2.11; 2012 No 96, Sch 4.10; 2013 (92), cl 3; 2013 (188), cl 3; 2013 (200), cl 3; 2013 (393), cl 3; 2013 (402), cl 3; 2013 (492), cl 3; 2013 No 75, Sch 2.2; 2014 (559), cl 3; 2014 No 74, Sch 3.10; 2014 No 88, Sch 1.11; 2014 (844), cl 3; 2015 (23), cl 3; 2015 No 19, Sch 15.7; 2015 No 48, Sch 2.1; 2015 No 58, Sch 3.34 [1]; 2015 (775), cl 3; 2016 (63), cl 3; 2016 No 27, Sch 5.3; 2016 (770), cl 3 (1) (2); 2020 No 29, Sch 2.2; 2025 No 66, Sch 4.2; 2026 (74), Sch 1; 2026 (109), Sch 1[1] [2].

Schedule 2

Schedule 2 (Repealed)

sch 2, hdg: Am 1993 No 42, Sch 3. Rep 2005 No 91, Sch 2.1 [20].

sch 2: Am 1993 No 42, Sch 3; GG No 84 of 30.7.1993, p 4296; 1996 No 39, Sch 4; 1999 No 31, Sch 1.14 [3]; GG No 126 of 15.8.2003, p 7916; 2005 No 31, Sch 14.2 [2]. Rep 2005 No 91, Sch 2.1 [20].

Schedule 3 Savings, transitional and other provisions

Schedule 3 Savings, transitional and other provisions

(Section 16)

sch 3: Am 1993 No 111, Sch 1 (15); 1996 No 92, Sch 1.2 [7] [8]; 1997 No 42, Sch 1.1 [10]; 1997 No 149, Sch 1.1 [44] [45]; 1998 No 144, Sch 2.1 [15] [16]; 1999 No 86, Sch 2.1 [4] [5]; 2000 No 100, Sch 1 [2]; 2001 No 98, Sch 1 [5] [6]; 2002 No 110, Sch 1 [7]; 2002 No 111, Sch 1 [7]; 2005 No 91, Sch 2.1 [21]–[25]; 2013 No 69, Sch 2 [2] [3]; 2022 No 29, Sch 2.1[2].

18 Existing investment management and custodial arrangements and other arrangements

18 Existing investment management and custodial arrangements and other arrangements

(1) An existing arrangement continues in force.

(2) Any such existing arrangement may be varied or terminated in accordance with the terms of the arrangement or any other Act or law.

(3) In this clause—

existing arrangement means—

(a) a contract or an arrangement entered into by FTC under section 12 of the Superannuation Administration Act 1996 and in force immediately before the commencement of clause 12 of Schedule 2A to that Act, or

(b) a contract or an arrangement entered into by FTC under section 15, 16 or 20 of that Act and in force immediately before the repeal of those provisions by the amending Act.

19 Operation of amending Act

19 Operation of amending Act

The operation of the amending Act and any amendments to the existing trust deed or existing rules consequential on that Act are not to be regarded—

(a) as a breach of contract or confidence or otherwise as a civil wrong, or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the provision of services to or by FTC in connection with the Fund or its functions under the existing trust deed or existing rules, or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, or

(d) as an event of default under any contract or other instrument.

Part 4 Provision consequent on enactment of State Authorities Non-contributory Superannuation Amendment Act 2013

Part 4 Provision consequent on enactment of State Authorities Non-contributory Superannuation Amendment Act 2013

20 Application of section 8

20 Application of section 8

Section 8 (as amended by the State Authorities Non-contributory Superannuation Amendment Act 2013), in its application in relation to the financial year starting on 1 July 2013, is taken to apply on and from 1 July 2013.

Part 5 Provision consequent on enactment of Treasury Legislation Amendment (Miscellaneous) Act 2022

Part 5 Provision consequent on enactment of Treasury Legislation Amendment (Miscellaneous) Act 2022

21 References to First State Superannuation

21 References to First State Superannuation

On and from the commencement of the Treasury Legislation Amendment (Miscellaneous) Act 2022, Schedule 2.1, a reference in an Act, instrument or other document to First State Superannuation or the First State Superannuation Act 1992 is taken to include a reference to Aware Super or the Aware Super Act 1992, respectively.

Schedule 4

Schedule 4 (Repealed)

sch 4: Rep 1999 No 85, Sch 4.