Superannuation Act 2005

For the purposes of this Act, a statutory office is:

an office established by or under:

an Act; or

regulations made under an Act; or

a law of a Territory; or

an office 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 (1)(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 (1)(b) of this section.

A declaration under paragraph (1)(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 (1)(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 holder of the office to whom the declaration relates;