Superannuation (State Public Sector) Act 1990

The Minister may, by written notice, declare an entity to be a unit of the State public sector.

The power of the Minister under subsection (1) includes the power—

to declare a department or other agency of the Commonwealth or another State on which functions of this State have been conferred to be a unit of the State public sector; and

to declare an entity to be a unit of the State public sector only in relation to particular employees.

However, the Minister may declare an entity to be a unit of the State public sector only if—

the entity performs functions for the State, employs public service employees or is otherwise connected to the State; or

for a declaration under subsection (2)(b), the entity employs persons whose membership in the scheme is continued under part 3, division 2.

Also, if there is any doubt that a person is an employee of a unit of the State public sector, the Minister may, by written notice, declare whether the person is or is not an employee of a unit of the State public sector.

A notice under subsection (1) or (4) is subordinate legislation.