4Persons who may become eligible employees

4 Persons who may become eligible employees

(1) For paragraph (ec) of the definition of eligible employee in subsection 3 (1) of the Act, a person is an eligible employee if the person is in the class of persons, each of whom: (a) is a person to whom, immediately before the commencement of this Declaration, a provision of the Eligible Employees Regulations mentioned in Schedule 1 applied; and (b) requests in writing that he or she be treated as an eligible employee. (2) For paragraph (ec) of the definition of eligible employee in subsection 3 (1) of the Act, a person is an eligible employee if the person becomes a person included in any of the following classes of persons: (b) 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) immediately before last becoming so employed was an eligible employee; and (iii) is not, in relation to the employment with the Northern Land Council, a member of an alternative superannuation scheme; (f) 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) is an employee of the Commission; and (B) immediately before becoming an employee, was an eligible employee and was employed in relevant Northern Territory employment; (i) a class of persons each of whom: (i) is an employee of the Sydney Harbour Federation Trust (otherwise than on a casual or temporary part‑time basis); and (ii) either: (A) immediately before becoming so employed, was an eligible employee; or (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immediately before becoming so employed, was a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was payable, or would have been payable if payment had not been suspended; or (C) immediately before becoming so employed, was a person to whom invalidity pension under the Act or the superseded Act was payable, or would have been payable if payment had not been suspended; or (D) immediately before becoming so employed, was a person to whom deferred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 the Sydney Harbour Federation Trust, is a re‑employed former contributor with preserved rights; and (iii) is not, in relation to the employment with the Sydney Harbour Federation Trust, a member of an alternative superannuation scheme; (k) a class of persons: (i) each of whom is an employee of ASPI Ltd (otherwise than on a casual or temporary part‑time basis); and (ii) each of whom: (A) immediately before becoming so employed, was an eligible employee; or (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 if payment had not been suspended; or (C) immediately before becoming so employed, was a person to whom invalidity pension under the Act was payable, or would have been payable if payment had not been suspended; 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 employment with ASPI Ltd, a member of an alternative superannuation scheme; (l) a class of persons each of whom: (i) is an employee of CSC (otherwise than on a casual or temporary part‑time basis); and (ii) either: (A) immediately before becoming so employed, was an eligible employee; or (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 if payment had not been suspended; or (C) immediately before becoming so employed, was a person to whom invalidity pension under the Act was payable, or would have been payable if payment had not been suspended; or (D) immediately before becoming so employed, was a person to whom deferred benefits under the Act or the superseded Act were applicable, and, for 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 CSC, is a re‑employed former contributor with preserved rights, and, for 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 employment with CSC, a member of an alternative superannuation scheme; (m) a class of persons each of whom: (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 re‑appointed to the Australian Public Service under section 63F, 63G or 66B of the Public Service Act, as in force immediately before its repeal; and (ii) was an eligible employee immediately before the termination or cessation of the employment to which the reinstatement relates; (n) a class of persons each of whom: (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, as in force immediately before its repeal; and (ii) was an eligible employee immediately before the termination or cessation of the employment to which the reinstatement relates; (q) a class of persons each of whom: (i) is an employee of ACECQA, other than on a casual or temporary part‑time basis; and (ii) immediately before becoming so employed, was an eligible employee; and (iii) is not, in relation to the person’s employment with ACECQA, a member of an alternative superannuation scheme; (r) a class of persons each of whom: (i) is an employee of ARPC, other than on a casual or temporary part‑time basis; and (ii) immediately before becoming so employed, was an eligible employee; and (iii) is not, in relation to the person’s employment with ARPC, a member of an alternative superannuation scheme. (s) a class of persons each of whom: (i) ceases to be engaged by the Commonwealth under the Public Service Act 1999 and becomes an employee of ASIC, other than on a casual or temporary part‑time basis, on 1 July 2019 as a result of section 311 of the Australian Securities and Investments Commission Act 2001; and (ii) immediately before becoming so employed by ASIC, was an eligible employee under the Act in relation to the person’s employment at ASIC under the Public Service Act 1999.