3CDesignated employers

#### 3C Designated employers (1) A reference in this Act to the designated employer of an eligible employee is a reference to: (a) if the employee is a permanent employee or temporary employee but is not an LWOP employee or employed by an approved authority: (i) if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act—the Department in respect of which the money is appropriated; or (ii) if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act—a Department determined by the Minister; or (b) if the employee is the holder of a statutory office but is not an LWOP employee: (i) if the remuneration in respect of the office is paid by an approved authority—the Authority; or (ii) if subparagraph (i) does not apply—a Department or person determined by the Minister; or (c) if the employee is employed by an approved authority but is not an LWOP employee—the authority; or (d) otherwise—a person determined by the Minister. (2) In this section: > Department means: (a) an APS Agency; or (b) a Department of the Parliament established under the Parliamentary Service Act 1999. > LWOP employee means an eligible employee who: (a) is on leave of absence without pay for a period in respect of which the Board has directed, for the purposes of subsection 51(1) of the Superannuation Act 1976 as in force immediately before the commencement of the Superannuation Legislation Amendment Act 1994, that the subsection is not to apply; or (b) is on leave of absence for a period that: (i) is more than 12 weeks; and (ii) is an excluded period of leave of absence for the purposes of subsection 51(1); or (c) is a person to whom section 51A applies and is making contributions in accordance with an election made under subsection (3) of that section.