3BRepatriation staff to whom section 14A of the Act applies

3B Repatriation staff to whom section 14A of the Act applies (1) Subject to subregulation (2), section 14A of the Act applies to the class of persons, each of whom: (a) is taken, by force of subsection 15 (2) of the Repatriation Institutions (Transfer) Act 1992, to have resigned from the Australian Public Service at the start of the day (in this regulation called the relevant day) on which a State, or an authority of a State, started to operate a repatriation institution (within the meaning of that Act); and (b) was an eligible employee immediately before the relevant day; and (c) on the relevant day, is in employment at that repatriation institution that is: (i) acceptable continuing employment, within the meaning of that Act; and (ii) not casual employment or temporary part-time employment; and (d) continues, on and from the relevant day, to be in that employment or in other employment that is not casual employment or temporary part-time employment and that is: (i) if the repatriation institution was, on the relevant day, operated by a State — other employment by that State, or employment by an authority of that State; or (ii) if the repatriation institution was, on the relevant day, operated by an authority of a State — other employment by that authority, or employment by that State or another authority of that State; and (e) does not become a member of a State superannuation scheme except, in the case of a person to whom, under subregulation (1A), this paragraph applies, a State superannuation scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes. (1A) For the purposes of paragraph (1) (e), a person is taken to be a person to whom the paragraph applies if he or she 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) Subregulation (1) does not apply if the Minister signs a certificate for the purposes of this regulation that there are no arrangements, satisfactory to the Minister, in respect of the payment by the State or the authority of a State referred to in paragraph (1) (d) to the Commonwealth for the provision of superannuation under the Act for the person.