Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a person who is:
(a) an ordinary employer - sponsored member of PSSAP; or
(b) an Australian government superannuation scheme member who has chosen to be a member of PSSAP.
(2) For the purposes of this Act, the following table defines the designated employer of the member.
Item | In this case... | the designated employer of the member is... |
1 | (a) the member is employed by the Commonwealth; and (b) the remuneration in respect of the member's employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of an Agency (within the meaning of the Public Service Act 1999 ) | the Agency. |
2 | (a) the member is employed by the Commonwealth; and (b) the remuneration in respect of the member's employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act in respect of a Parliamentary Department | |
3 | (a) the member is employed by the Commonwealth; and (b) the remuneration in respect of the member's employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act | (a) an Agency (within the meaning of the Public Service Act 1999 ) determined by the Minister in writing under this item; or (b) a Parliamentary Department determined by the Minister in writing under this item. |
4 | (a) the member is the holder of a statutory office; and (b) the remuneration in respect of the office is paid by an approved authority | the approved authority. |
5 | (a) the member is the holder of a statutory office; and (b) the remuneration in respect of the office is not paid by an approved authority | (a) an Agency (within the meaning of the Public Service Act 1999 ) determined by the Minister in writing under this item; or (b) a Parliamentary Department determined by the Minister in writing under this item; or (c) a person determined by the Minister in writing under this item. |
5A | the person is: (a) an eligible PSSAP member; or (b) an eligible CSS/PSS member or former member | if the person has an employer--the employer. |
6 | none of the above items apply to the member | the authority or body by which the member is employed. |
(3) A determination under item 3 or 5 of the table in subsection (2) may be expressed to relate to a class of members.
(4) A determination under item 3 or 5 of the table in subsection (2) is a legislative instrument.
(5) 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 item 3 or 5 of the table in subsection (2) of this section.