Document ID: chunk:federal_register_of_legislation:C2022C00286:section:14:p2
Version: federal_register_of_legislation:C2022C00286
Segment Type: section
Provision Reference: s 14 (pt 2/2)
Character Range: 25840–27305

applies.
Note: Subsection 32C(2), or paragraph 32C(6)(g) or (h), of that Act can only be relied on if the most recent notification from the Commissioner is that there is no stapled fund for the person.
 (5) Subsection (4) does not apply to a person if the person's employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):
 (a) gives; or
 (b) has given; or
 (c) proposes to give;
the person a standard choice form (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992) that sets out the name of a fund (within the meaning of that Part) other than PSSAP that the employer will contribute to if the person does not make a choice.
 (6) Subsection (4) does not apply to a person at a particular time if:
 (a) the following conditions are satisfied:
 (i) at that time, the person is the holder of a statutory office (within the meaning of the Superannuation Act 1990);
 (ii) the person's current term of appointment included a day in the financial year beginning on 1 July 2005; or
 (b) the following conditions are satisfied:
 (i) at that time, the person is a temporary employee (within the meaning of the Superannuation Act 1990);
 (ii) if the person's employment is for a fixed term—the term included a day in the financial year beginning on 1 July 2005;
 (iii) if the person's employment is not for a fixed term—the period of employment included a day in the financial year beginning on 1 July 2005.