46Exercise of certain powers by Minister

#### 46 Exercise of certain powers by Minister (1) The Minister may not make a declaration or determination (other than a determination under section 33E), or issue an instrument, referred to in subsection 45(1), unless: (a) CSC has consented to the making of the declaration or determination or the issue of the instrument; or (b) the declaration, determination or instrument: (i) relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the declaration or determination or the issue of the instrument, be required or permitted to be made under this Act; or (ii) relates solely to the termination of the PSS Fund; or (iii) is made or issued in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993. (2) For the purposes of subparagraph (1)(b)(i), a payment under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.