3AClasses of persons to which s 14A of the Act applies

3A Classes of persons to which s 14A of the Act applies (1) Each of the following classes of persons is a class to which section 14A of the Act applies: (a) a class of persons each of whom: (i) is employed by AIDC Ltd., except on a casual or temporary part-time basis; and (ii) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; and (iii) immediately before becoming employed by AIDC Ltd. was: (A) an officer or employee of Australian Industry Development Corporation; and (B) an eligible employee; and (iv) has not at any time ceased to be employed by AIDC Ltd.; and (v) while employed by AIDC Ltd. has not been a member of a superannuation scheme applying in relation to that person’s employment, 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; (b) a class of persons (other than a person in the class referred to in paragraph 3 (1) (m)) each of whom: (i) is on 30 June 1990, and continues to be, an employee of, or the holder of a statutory office in, Australian Postal Corporation; and (ii) is on 30 June 1990 an eligible employee; (c) a class of persons (other than a person in the class referred to in paragraph 3 (1) (n)) each of whom: (i) immediately before 1 February 1992 was both an employee of, or the holder of a statutory office in, the Australian Telecommunications Corporation and an eligible employee; and (ii) on that day became, and continues to be, an employee of, or the holder of a statutory office in, the Australian and Overseas Telecommunications Corporation; and (iii) has not, on or after 1 February 1992, become a member of a superannuation scheme that applies to that employment or office, other than: (B) 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; (ca) a class of persons each of whom: (i) immediately before 1 February 1992 was both an employee of OTC Limited and an eligible employee; and (ii) on that day became, and continues to be, an employee of, or the holder of a statutory office in, the Australian and Overseas Telecommunications Corporation; and (iii) has not, on or after 1 February 1992, become a member of a superannuation scheme that applies to that employment or office, other than: (B) 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; (d) a class of persons each of whom: (i) is: (A) the Executive Director (if he or she holds office on a full-time basis); or (B) an employee (other than a person employed on a casual basis or part-time on a temporary basis); of the Dairy Research and Development Corporation; and (ii) was an eligible employee immediately before becoming, or last becoming, a person specified in subparagraph (i); and (iii) since becoming, or last becoming, a person specified in subparagraph (i), has not been a member of a superannuation scheme in relation to that person’s employment with the Dairy Research and Development Corporation, 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; (e) a class of persons each of whom: (i) is employed by the Northern Land Council, except on a casual or temporary part-time basis; and (ii) became, or last became, so employed on or after 7 March 1988; and (iii) immediately before last becoming so employed was an eligible employee; and (iv) is not 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; in relation to that person’s employment by the Northern Land Council; and (v) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; and (vi) in the case of a person who became employed as mentioned in subparagraph (i) before 1 January 1992 — requests in writing before that date to be treated as an eligible employee; (f) a class of persons each of whom: (i) is an employee, other than a casual employee or temporary part-time employee, of ASP Ship Management; and (ii) has never been a casual employee or temporary part‑time employee of ASP Ship Management; and (iii) has never been 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 to the person’s employment by ASP Ship Management; and (iv) was an eligible employee immediately before becoming an employee of ASP Ship Management; and (v) was an employee of ANL Limited immediately before becoming an employee of ASP Ship Management; (g) a class of persons each of whom: (i) became a temporary full-time employee of the Dairy Research and Development Corporation (the Corporation) on 2 January 1991; and (ii) was a person to whom deferred benefits applied under the Act on 2 January 1991; and (iii) continues to be a permanent employee or a temporary full-time employee of the Corporation; (h) a class of persons, each of whom: (i) is eligible to be paid a mobility allowance or would be eligible to be paid the allowance except for the amount of income that the person is receiving; and (ii) was an eligible employee immediately before becoming eligible to be paid the allowance; and (iii) is not a member of the Superannuation (1990) Scheme; (j) a class of persons each of whom: (i) before the 50% sale day, becomes a Qantas employee; and (ii) immediately before so becoming a Qantas employee, was an eligible employee employed by Australian Airlines Limited; and (iii) does not cease to be a Qantas employee; and (iv) does not become a member of a superannuation scheme, other than: (B) 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; that applies to the person’s employment as a Qantas employee; (k) a class of persons each of whom is a person: (i) who, on 31 August 1993, was an eligible employee employed by Commonwealth Serum Laboratories Limited in its National Blood Group Reference Laboratory; and (ii) who, on 1 September 1993, became an employee of the New South Wales Red Cross Blood Transfusion Service in its National Blood Group Reference Laboratory; and (iii) who made a request, in writing, before 1 September 1993, to be treated as an eligible employee while an employee of the New South Wales Red Cross Blood Transfusion Service; and (iv) in relation to whom the New South Wales Red Cross Blood Transfusion Service made a request, in writing, before 1 September 1993, for the person to be treated as an eligible employee while an employee of that Service; (l) a class of persons each of whom is a person: (i) who is employed by Australian Meat Technology Pty Limited (in this paragraph called AMT), other than as a casual or temporary part-time employee; and (ii) who, immediately before becoming, or last becoming, an employee of AMT: (A) was employed by the Commonwealth Scientific and Industrial Research Organisation; and (B) was an eligible employee; and (iii) in respect of whom (if the person became, or last became, an employee of AMT before the day on which the making of the relevant amendment is notified in the Gazette): (A) the person had made a request, in writing before that day, that the person continue to be treated as an eligible employee; and (B) payment had been made before that day of all contributions that would have been payable under the Act before that day by the person if the relevant amendment had been made, and its making notified in the Gazette, on or before the day on which the person became an employee of AMT; (m) a class of persons each of whom: (i) is employed by Australian Information Media Pty Limited (in this paragraph called AIM), otherwise than as a casual or temporary part-time employee; and (ii) was an eligible employee immediately before last becoming such an employee of AIM; and (iii) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; (n) a class of persons each of whom: (i) is relevantly employed for the purposes of this paragraph, that is to say employed (otherwise than as a casual employee or a temporary part-time employee) by Avalon Airport Geelong Pty Ltd. or ASTAAS Pty Ltd; and (ii) immediately before last becoming relevantly employed, was an eligible employee employed by Avalon Airport Geelong Pty Ltd., ASTAAS Pty Ltd or AeroSpace Technologies of Australia Limited; and (iii) immediately before 21 June 1995, was an eligible employee employed by AeroSpace Technologies of Australia Limited; and (iv) is not, in relation to the employment referred to in subparagraph (i), 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. > Note Until 5 September 1995, ASTAAS Pty Ltd was known as ASTA Aircraft Services Pty. Ltd.. (o) a class of persons each of whom: (i) is a person who, on or after 1 July 1996, became, or becomes, an employee of ACTTAB Limited; and (A) a person who, immediately before becoming so employed, was an eligible employee under the Act; or (B) a person to whom invalidity pension under the Act was, or would have been (but for the suspension of payment), payable immediately before becoming so employed; or (C) a person to whom deferred benefits under the Act were applicable immediately before becoming so employed; or (D) a person who, because of the person’s employment in ACTTAB Limited, would be a re-employed former contributor with preserved rights if ACTTAB Limited were an approved authority; and (iii) does not cease to be an employee of ACTTAB Limited; and (iv) is not, in relation to the person’s employment in ACTTAB Limited, 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; (p) a class of persons each of whom: (i) is employed by the Nuclear Safety Bureau (in this paragraph called NSB); and (A) a person who, immediately before last becoming so employed, was an eligible employee; or (B) a person to whom invalidity pension under the Act was, or would have been (but for the suspension of payment), payable immediately before becoming so employed; or (C) a person to whom deferred benefits under the Act were applicable immediately before becoming so employed; or (D) a person who, because of the person’s employment in NSB, would be a re‑employed former contributor with preserved rights if NSB were an approved authority; and (iii) after becoming an employee of NSB, made contributions to the superannuation scheme provided for by the Act as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and (iv) in relation to the person’s employment with NSB, is not 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; and (v) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; (q) a class of persons each of whom: (i) became an employee of the Australian Law Reform Commission (in this paragraph called ALRC) on 11 November 1996; and (ii) immediately before becoming so employed, was an eligible employee employed by the Law Reform Commission; and (iii) after becoming an employee of ALRC, made contributions to the superannuation scheme provided for by the Act as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and (iv) is not, in relation to the person’s employment with ALRC, 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; and (v) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; (r) a class of persons each of whom: (i) on or after 1 December 1997 became, or becomes, an employee of Medibank, other than on a casual or temporary part-time basis; and (A) a person who, immediately before last becoming so employed, was an eligible employee; or (B) a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was, or would have been (but for a suspension of payment) payable immediately before becoming so employed; or (C) a person to whom invalidity pension under the Act was, or would have been (but for the suspension of payment), payable immediately before becoming so employed; or (D) a person to whom deferred benefits under the Act or the superseded Act were applicable immediately before becoming so employed; or (E) a person who, because of the person’s employment in Medibank, would be a re‑employed former contributor with preserved rights; and (iii) is not, in relation to the person’s employment in Medibank, a member of a superannuation scheme, other than: (A) the scheme provided for in the Act; or (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; and (s) a class of persons each of whom: (i) became an employee of Employment National (Administration) Pty Ltd on 1 May 1998; and (ii) immediately before becoming so employed, was an eligible employee employed by the Department of Employment, Education, Training and Youth Affairs; and (iii) is not, in relation to the person’s employment in Employment National (Administration) Pty Ltd, a member of a superannuation scheme, other than: (A) the scheme provided for in the Act; or (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; and (t) a class of persons each of whom: (i) became an employee of AWB Limited during the period from 1 June 1998 to 30 June 1999 (inclusive); and (ii) immediately before becoming so employed was an eligible employee employed by the Australian Wheat Board; and (iii) is not, in relation to the person’s employment with AWB Limited, 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; and (u) a class of persons each of whom meets one of the following requirements: (i) on 31 December 1998, the person was an eligible employee employed by the Northern Territory Legal Aid Commission; (ii) the person: (A) became an employee of the Commission on or after 1 January 1999; and (B) immediately before becoming an employee, was an eligible employee and was employed in relevant Northern Territory employment; (v) a class of persons each of whom: (i) becomes an employee of the Australian Government Solicitor on or after 1 September 1999; and (ii) immediately before becoming so employed was an eligible employee; and (iii) is not, in relation to the person’s employment with the Australian Government Solicitor, 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; (w) a class of persons each of whom: (i) becomes an employee (except a casual or temporary part-time employee) of Sydney Airports Corporation Ltd on or after 28 May 1998; and (iii) is not, in relation to the person’s employment with Sydney Airports Corporation Ltd, a member of a superannuation scheme, other than: (B) 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; (x) a class of persons each of whom: (i) becomes an employee (except a casual or temporary part-time employee) of Bankstown Airport Ltd on or after 19 June 1998; and (iii) is not, in relation to the person’s employment with Bankstown Airport Ltd, a member of a superannuation scheme, other than: (B) 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; (y) a class of persons each of whom: (i) becomes an employee (except a casual or temporary part-time employee) of Essendon Airport Ltd on or after 1 July 1998; and (iii) is not, in relation to the person’s employment with Essendon Airport Ltd, a member of a superannuation scheme, other than: (B) 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; (z) a class of persons each of whom: (i) on or after the commencement of the Sydney Harbour Federation Trust Act 2001, became, or becomes, an employee of the Sydney Harbour Federation Trust (otherwise than on a casual or temporary part-time basis); and (ii) either: (B) immediately before becoming so employed, was a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was payable, or would have been payable but for a suspension of payment; or (C) immediately before becoming so employed, was a person to whom invalidity pension under the Act or the superseded Act was payable, or would have been payable but for a suspension of payment; or (D) immediately before becoming so employed, was a person to whom deferred benefits under the Act were applicable; or (E) is a person who, because of the person’s employment by Sydney Harbour Federation Trust, is a re‑employed former contributor with preserved rights; and (iii) is not, in relation to the person’s employment by Sydney Harbour Federation Trust, a member of a superannuation scheme, other than: (B) 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; (za) a class of persons each of whom: (i) immediately before the SMHEA corporatisation date, was an eligible employee employed by the Snowy Mountains Hydro-electric Authority; and (ii) on the SMHEA corporatisation date, became an employee of Snowy Hydro Limited; and (iii) is not, in relation to the person’s employment with Snowy Hydro Limited, a member of a superannuation scheme, other than: (B) 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; (zb) a class of persons each of whom: (i) became, or becomes, an employee of ATP Ltd (other than on a casual or temporary part-time basis) on or after 1 July 2001; and (ii) immediately before becoming so employed, was an eligible employee employed by the Australian National Training Authority; and (iii) is not, in relation to the person’s employment with ATP Ltd, a member of a superannuation scheme, other than: (B) 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; (zc) a class of persons: (i) each of whom became, or becomes, an employee of ASPI Ltd (otherwise than on a casual or temporary part-time basis) on or after 7 November 2001; and (ii) each of whom: (B) immediately before becoming so employed, was a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was payable, or would have been payable but for a suspension of payment; or (C) immediately before becoming so employed, was a person to whom invalidity pension under the Act was payable, or would have been payable but for a suspension of payment; or (D) immediately before becoming so employed, was a person to whom deferred benefits under the Act or the superseded Act were applicable; or (E) is a person who, because of the person’s employment with ASPI Ltd, is a re‑employed former contributor with preserved rights; and (iii) each of whom is not, in relation to the person’s employment by ASPI Ltd, a member of a superannuation scheme, other than: (B) 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; (zd) a class of persons each of whom: (i) is, or becomes, an employee of the CSS/PSS Board (otherwise than on a casual or temporary part-time basis); and (ii) either: (B) immediately before becoming so employed, was a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was payable, or would have been payable but for a suspension of payment; or (C) immediately before becoming so employed, was a person to whom invalidity pension under the Act was payable, or would have been payable but for a suspension of payment; or (D) immediately before becoming so employed, was a person to whom deferred benefits under the Act or the superseded Act were applicable, and, in the case of a person who becomes a full-time temporary employee, makes an election in writing to become an eligible employee; or (E) is a person who, because of the person’s employment by the CSS/PSS Board, is a re‑employed former contributor with preserved rights, and, in the case of a person who becomes a full-time temporary employee, makes an election in writing to become an eligible employee; and (iii) is not, in relation to the person’s employment by the CSS/PSS Board, a member of a superannuation scheme, other than: (B) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes. (1A) For the purposes of sub-subparagraphs (1) (a) (v) (C), (1) (c) (iii) (B), (1) (ca) (iii) (B), (1) (d) (iii) (C), (1) (e) (iv) (C), (1) (f) (iii) (C), (1) (j) (iv) (B), (1) (n) (iv) (C), (1) (o) (iv) (C), (1) (p) (iv) (C), (1) (q) (iv) (C), (1) (r) (iii) (C), (1) (s) (iii) (C), (1) (t) (iii) (C), (1) (v) (iii) (C), (1) (w) (iii) (B), (1) (x) (iii) (B), (1) (y) (iii) (B), (1) (z) (iii) (B), and (1) (za) (iii) (B), (1) (zb) (iii) (B), (1) (zc) (iii) (B) and (1) (zd) (iii) (B), a person is taken to be a person to whom the relevant 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) A reference in a paragraph of subregulation (1) to the relevant amendment is a reference to the amendment by which that paragraph was inserted into that subregulation.