Schedule 2Excluded persons

# Schedule 2 Excluded persons Schedule 2 Excluded persons (Sections 3, 8, 27) For the purposes of the definition of employee in section 3 (1), a person is an excluded person— > (a) if the person is a full-time employee (other than an employee who is an executive officer) who is eligible for a superannuation benefit of the kind provided by this Act under another superannuation scheme, or > (b) if the person is a judge within the meaning of the [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041), an associate Judge within the meaning of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052), the Solicitor General or the Director of Public Prosecutions, or > (c) in the case of a person who is a part-time or an irregular employee and who would, if not an excluded person, be eligible in respect of the same period of service for a benefit under this Act and a benefit of the same kind under another superannuation scheme—to the extent that the person would be eligible for a benefit under this Act in respect of that period of service, or > (d) if the person is an executive officer who is an optional member of the Aware Super Fund and is not or ceases to be (otherwise than in the circumstances mentioned in section 23 (1)) a contributor to any other superannuation scheme established by or under an Act, or > (e) if the person is a person in respect of whom a conversion election has taken effect under Part 3B of the [Police Regulation (Superannuation) Act 1906](/view/html/inforce/current/act-1906-028), section 3 (14) of the [Police Association Employees (Superannuation) Act 1969](/view/html/inforce/current/act-1969-033) or Part 3B of the [Superannuation Act 1916](/view/html/inforce/current/act-1916-028), other than a person in respect of whom a revocation election has taken effect under Part 6 of Schedule 6 to the [Police Regulation (Superannuation) Act 1906](/view/html/inforce/current/act-1906-028) or Part 9 of Schedule 25 to the [Superannuation Act 1916](/view/html/inforce/current/act-1916-028). **sch 2:** Am GG No 44 of 14.4.1989, p 1964; 1989 No 107, Sch 1; 1991 No 17, Sch 1; 1998 No 144, Sch 1.3 \[2\]; 1999 No 6, Sch 1.4 \[2\]; 1999 No 86, Sch 1.6 \[7\] \[8\]; 2000 No 114, Sch 1.4 \[6\]; 2005 No 31, Sch 14.4; 2025 No 48, Sch 2.14\[4\].