Commonwealth Consolidated Acts

SUPERANNUATION ACT 2005 - SECT 16

  (1)   If:

  (a)   either:

  (i)   a person is eligible to become a member of PSSAP because of particular employment; or

  (ii)   a person is a member of PSSAP, and if the person were not a member of PSSAP, the person would be eligible to become a member because of particular employment; and

  (b)   that employment is:

  (i)   employment as an APS employee; or

  (ii)   specified in a written determination made by the Minister under this subparagraph; and

  (c)   PSSAP is covered by a paragraph of section   32D of the Superannuation Guarantee (Administration) Act 1992 ;

then, for the purposes of the application of subsection   32C(2) of the Superannuation Guarantee (Administration) Act 1992 to the person, PSSAP is the sole eligible choice fund for the person's employer.

Note:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

  (2)   A determination under subparagraph   (1)(b)(ii) is a legislative instrument.

  (3)   Despite anything in regulations made for the purposes of paragraph   44(2)(b) of the Legislation Act 2003 , section   42 (disallowance) of that Act applies to a determination under subparagraph   (1)(b)(ii) of this section.

  (4)   In this section:

"employment" has the same meaning as in the Superannuation Guarantee (Administration) Act 1992 .

Note:   See also section   18A of the Acts Interpretation Act 1901 (parts of speech and grammatical forms).