Superannuation Act 2005

For the purposes of this Act, a person is a public sector employee if, and only if, the person is:

either:

employed by the Commonwealth or an approved authority; or

the holder of a statutory office; and

not an exempt overseas employee.

To avoid doubt, a person who is a member of the Defence Force is not a public sector employee by reason only of being a member of the Defence Force.

For the purposes of this Act, a person is an exempt overseas employee if the person is:

engaged or appointed for employment outside Australia only; and

not specified in a written declaration made by the Minister under this paragraph.

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

A declaration under paragraph (2)(b) is a legislative instrument.

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 declaration under paragraph (2)(b) of this section.

A declaration under paragraph (2)(b) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.

If:

a declaration is made under paragraph (2)(b); and

before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;