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).
AHPRA means the Australian Health Practitioner Regulation Agency established upon commencement of Part 2 of the Health Practitioner Regulation National Law (ACT) Act 2010 and representing the 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 benefits;
(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.
Note: Example: If a person is a member, 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.
APRA means the Australian Prudential Regulation Authority established by the Australian Prudential Regulation Authority Act 1998.
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.
Australian Hearing Services means the body corporate established under Part 2 of the Australian Hearing Services Act 1991.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
member, of a superannuation scheme that is an RSA, means a holder of the RSA.
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.
PHIAC means the Private Health Insurance Administration Council established by the National Health Act 1953 and continued in existence under Part 6‑3 of the Private Health Insurance Act 2007.
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).
productivity benefits means benefits that are productivity related benefits within the meaning of section 110A of the 1976 Act.
SMHEA corporatisation date means the date on which section 59 of the Snowy Hydro Corporatisation Act 1997 commences.
State superannuation scheme, means a superannuation scheme:
(a) established under the law of a State or Territory; and
(b) applying to persons employed in, or appointed to, the Public Service, or any other service, of the State or Territory;
but does not include, in the case of a prescribed person, a scheme of which the person is taken to be a member for top‑up purposes.
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 means an arrangement in relation to the employment of, or the holding of an office by, a person (the payee):
(a) under which:
(i) another person (the payer) contributes, on behalf of the payee, to a superannuation scheme (which may be a scheme that applies only to the payee) under which superannuation or retirement benefits are payable to, or in relation to, the payee; and
(ii) the contributions are part of, and not additional to, the payee’s overall remuneration package provided by the payer; and
(b) that is entered into on the basis that:
(i) the payee continues to be, or becomes, a member of the Public Sector Superannuation Scheme; and
(ii) the payer continues to be, or becomes, the designated employer of the payee;
in relation to that employment or holding of office.
Note: Unless the contrary intention appears, terms defined in the Superannuation Act 1990 have the same meaning in this Declaration. For example, section 3 of that Act contains the following definition:
Note: Public Sector Superannuation Scheme means the superannuation scheme established by the Trust Deed.
(2) For the purposes of this Declaration, a person is taken to be a member of a superannuation scheme for top‑up purposes if the person is a member of the scheme only because of:
(a) a top‑up arrangement; or
(b) a top‑up arrangement and any of the following circumstances:
(i) contributions relating to performance pay are made to the scheme;
(ii) the person is a member of the scheme for the purpose of the preservation, or payment, of productivity benefits;
(iii) 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.