3Classes of persons to which section 14A of the Act does not apply

3 Classes of persons to which section 14A of the Act does not apply (1) Each of the following classes of persons is a class to which section 14A of the Act does not apply: (a) a class of persons each of whom: (i) is, otherwise than by virtue of subsection 87C (2) of the Public Service Act, an officer to whom Division 2 of Part IV of that Act applies; and (ii) was not, immediately before becoming, or last becoming, such an officer, an eligible employee; (b) a class of persons each of whom: (i) is, by virtue of subsection 87C (2) of the Public Service Act, an officer to whom Division 2 of Part IV of that Act applies; and (A) the dismissal in relation to which his re-appointment,or last re-appointment, under section 63F or 63G of that Act was made; and (B) that re-appointment; (c) a class of persons each of whom: (i) is, otherwise than by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies; and (ii) was not, immediately before becoming, or last becoming, such a person, an eligible employee; (d) a class of persons each of whom: (i) is, otherwise than by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies; (ii) was, immediately before becoming, or last becoming, such a person, an eligible employee; and (iii) became, upon becoming such a person, a member of a superannuation scheme, other than: (C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; applying in relation to the employment in which that person was then engaged; (e) a class of persons each of whom: (i) is, by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies; and (A) the dismissal in relation to which the declaration, or last declaration, under subsection 63G (7) of that Act was made in relation to him; and (B) the making of that declaration; (f) a class of persons each of whom: (i) is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977; and (ii) became, during the period that: (A) commenced upon his becoming, or last becoming, such an approved person; and (B) ended at the expiration of 14 March 1981; a member of a State superannuation scheme; (g) a class of persons each of whom: (i) is performing duty in the Australian Public Service in pursuance of a re-appointment to that Service under section 63F, 63G or 66B of the Public Service Act; and (A) the dismissal, or deemed retirement, in relation to which that re-appointment was made; and (B) that re-appointment; (h) a class of persons each of whom: (i) is a person (not being included in a class of persons referred to in paragraph (g)) who is a permanent employee or a temporary employee by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been re‑appointed to the Australian Public Service under section 63F, 63G or 66B of the Public Service Act; and (ii) was not immediately before both: (A) the termination or cessation of the employment to which the reinstatement relates; and (B) the reinstatement; (j) a class of persons each of whom: (i) is a person who is performing duty in the Australian Public Service by virtue of having been deemed to have been re-appointed to that Service in accordance with section 87M or 87Q of the Public Service Act; and (ii) was not an eligible employee on the day immediately preceding the day on which he or she is to be deemed to have been so re-appointed to that Service; (k) a class of persons each of whom (not being a person referred to in subparagraph (j) (i)): (i) is a permanent employee or a temporary employee by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act; and (ii) was not an eligible employee: (A) in the case of a permanent or temporary employee who is reinstated on the day immediately following the day (in this subparagraph called his or her last day in prescribed employment) on which there took effect the termination or cessation of employment to which the reinstatement relates — on his or her last day in prescribed employment; or (B) if sub-subparagraph (A) does not apply — both on his or her last day in prescribed employment and on the day immediately preceding the day of his or her reinstatement; (m) a class of persons each of whom became on 1 July 1990, and continues to be, a member of the Australia Post Superannuation Scheme; (n) a class of persons each of whom became on 1 July 1990, and continues to be, a member of the Telecom Superannuation Scheme; (o) a class of persons each of whom: (i) is a person (in this paragraph referred to as a contributions-barred person) in respect of whom, under the SIS Act, contributions to a regulated superannuation fund cannot be accepted; and (ii) is not: (A) a person who, immediately before the commencement of this paragraph, was an eligible employee and who has since remained an eligible employee; or (B) a person (not being a person referred to in sub‑subparagraph (A)) who, immediately before becoming a contributions-barred person, was an eligible employee and who has since remained an eligible employee; (p) a class of persons each of whom: (i) on or after 1 August 1998, becomes a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; and (ii) is not a person who is included in a class of persons specified in subregulation 3A (1). (1A) For the purposes of sub-subparagraph 3 (1) (d) (iii) (C), a person is taken to be a person to whom the sub-subparagraph applies if he or she holds office or is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non-monetary form (which may be in the form of a top-up arrangement). (2) In subregulation (1), reinstated, in relation to a person who is a permanent employee or a temporary employee, means re‑appointed or re-employed, or to be deemed to be, or deemed to have been, re-appointed or re-employed, as the case requires.