ACECQA (short for the Australian Children’s Education and Care Quality Authority) has the same meaning as in the Education and Care Services National Law Act 2010 (Vic).
Act means the Superannuation Act 1976.
ACT Government control, for a company, means the holding of a controlling interest in the company by all or any of the following:
(a) the Australian Capital Territory (or its nominees);
(b) an authority or body, whether a body corporate or not, established for a public purpose under a law of the Australian Capital Territory;
(c) a company, or other body corporate, that is under ACT Government control (within the meaning of this definition).
ACT Government Service means the Australian Capital Territory Public Service within the meaning of the Public Sector Management Act 1994 (Australian Capital Territory).
alternative superannuation scheme, in relation to a person who is employed in a particular capacity, or who is the holder of a particular office:
(a) means a superannuation scheme to which contributions are made in relation to the person’s employment or holding of the office; but
(b) does not include any of the following:
(i) a scheme to which contributions are made in relation to the person for:
(A) if the person is employed in a particular capacity—other employment or the holding of an office; or
(B) if the person is the holder of a particular office—other employment or the holding of another office;
(ii) a scheme to the extent that membership of that scheme by the person is for the preservation, or payment, of productivity related benefits as defined in section 110A of the Act;
(iii) a scheme to the extent that participation in that scheme on the person’s behalf is for purposes solely related to satisfying obligations under the Superannuation Guarantee (Administration) Act 1992;
(iv) a scheme to which contributions are made in relation to the person only in relation to performance pay;
(v) for a prescribed person—a scheme of which the person is taken, under subsection (2), to be a member for top‑up purposes;
(vi) for a member of the Police Force of the Northern Territory—the Northern Territory Police Supplementary Benefit Scheme, being the scheme of that name to which members of the Police Force of the Northern Territory are, under the conditions of service applicable to them, required to contribute.
Note: Example: If a person is an eligible employee for the CSS, and is making voluntary contributions to an RSA without any employer contributions, the RSA will not be an alternative superannuation scheme. However, if the person’s employer makes contributions to the RSA, above the superannuation guarantee rate, the RSA will be an alternative superannuation scheme.
ARPC means the Australian Reinsurance Pool Corporation established by the Terrorism Insurance Act 2003.
ASIC means the Australian Securities and Investments Commission established by the Australian Securities and Investments Commission Act 1989 and continued in existence by the Australian Securities and Investments Commission Act 2001.
ASPI Ltd means Australian Strategic Policy Institute Limited (ACN 097369045), incorporated under the Corporations Act 2001 on 22 August 2001.
CCB Regulations means the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981, as in force immediately before the commencement of this Declaration.
corporate Commonwealth entity has the meaning given by subsection 11(a) of the Public Governance, Performance and Accountability Act 2013.
Commonwealth company has the meaning given by subsection 89(1) of the Public Governance, Performance and Accountability Act 2013.
Commonwealth control, for a company, means the holding of a controlling interest in the company by all or any of the following:
(a) the Commonwealth (or its nominees);
(b) an authority or body, whether a body corporate or not, established for a public purpose under a law of the Commonwealth;
(c) a company, or other body corporate, that is under Commonwealth control (within the meaning of this definition).
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
deferred invalidity pension means:
(a) an invalidity pension that:
(i) is a deferred benefit; and
(ii) is payable under the Act, or would be payable under the Act if payment had not been suspended; and
(b) a pension that:
(i) is a deferred benefit; and
(ii) is payable under the superseded Act because the Commissioner or the Superannuation Board is satisfied about the matters mentioned in paragraph 119W(2)(a) of the superseded Act, or would have been payable in those circumstances under the superseded Act if payment had not been suspended.
designated position, for a person, means a position designated by the Governor of New South Wales, either generally or in relation to the person, under subsection 43B(2) of the Meat Industry Act 1978 (New South Wales), as in force immediately before 1 July 1994.
Eligible Employees Regulations means the Superannuation (CSS) Eligible Employees Regulations 1976, as in force immediately before the commencement of this Declaration.
Inclusion Declaration means the Superannuation (CSS) (Eligible Employees—Inclusion) Declaration 2003.
invalidity pensioner means a person to whom:
(a) an invalidity pension, other than a deferred invalidity pension; or
(b) a pension of a kind mentioned in section 64A or 65 of the superseded Act, as in force immediately before the repeal of those sections, being a pension other than a deferred invalidity pension;
is payable, or would have been payable if payment had not been suspended.
member, of a superannuation scheme that is an RSA, means a holder of the RSA.
Northern Territory approved authority means the Northern Territory or an approved authority established under a law of that Territory.
officer has the same meaning as in the Public Service Act.
performance pay means a payment of that name made under:
(a) an industrial agreement under Division 3A of Part VI of the Industrial Relations Act 1988 as in force immediately before 30 March 1994; or
(b) an agreement under Part VIB of that Act in force before 15 November 1996.
prescribed Northern Territory employee means a person who:
(a) on and after 30 September 1986, is, and continues to be:
(i) employed by a Northern Territory approved authority; or
(ii) the holder of a statutory office established by a law of the Northern Territory; and
(b) does not become, under section 52 of the Superannuation Act 1986 (Northern Territory), an eligible employee within the meaning of that Act.
prescribed person means a person who 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 (for example, a top‑up arrangement).
Public Service Act means the Public Service Act 1922.
relevant Northern Territory employment means employment:
(a) as a member of the Police Force of the Northern Territory;
(b) by a Northern Territory approved authority; or
(c) as the holder of a statutory office established by a law of the Northern Territory.
repatriation institution has the meaning given by section 3 of the Repatriation Institutions (Transfer) Act 1992.
section 14A means section 14A of the Act as in force immediately before the commencement of this Declaration.
superannuation scheme:
(a) means a scheme, fund or arrangement, however established, under which superannuation or retirement benefits are payable; and
(b) includes an RSA within the meaning of the Retirement Savings Account Act 1997.
top‑up arrangement has the meaning given by subsection (3).
(2) For this Declaration, a person is taken to be a member of a superannuation scheme for top‑up purposes if, and only if, he or she is a member of the scheme:
(a) only because of a top‑up arrangement; or
(b) because of:
(i) a top‑up arrangement; and
(ii) any of the following circumstances:
(A) contributions are made to the scheme in relation to performance pay;
(B) the person is a member of the scheme for the purpose of the preservation or payment of productivity related benefits as defined in section 110A of the Act;
(C) participation in the scheme on the person’s behalf by the person’s employer is for purposes solely related to satisfying the employer’s obligations under the Superannuation Guarantee (Administration) Act 1992.
(3) A top‑up arrangement is an arrangement:
(a) between the person (the payee) to whom, under the arrangement, remuneration is paid and the person (the payer) who pays the remuneration, by which the payer makes contributions in relation to the payee to a superannuation scheme (which may be a scheme applying only in relation to the payee); and
(b) in which the contributions mentioned in paragraph (a):
(i) constitute part of the payee’s overall remuneration; and
(ii) are not paid as an addition to remuneration otherwise payable; and
(c) in which the payer makes payments under the Act:
(i) in relation to the payee; and
(ii) in relation to the employment or office to which the arrangement relates.