Document ID: chunk:federal_register_of_legislation:F2022C00504:reg:7:p1
Version: federal_register_of_legislation:F2022C00504
Segment Type: reg
Provision Reference: reg 7 (pt 1/5)
Character Range: 14072–16940

7  Persons who are not eligible employees
 (1) For paragraph (j) of the definition of eligible employee in subsection 3(1) of the Act, a person included in any of the following classes of persons is not an eligible employee:
 (a) persons (including persons specified in a direction, given under section 11, 12 or 13 of the Act, that was in force immediately before the commencement of this Declaration) who:
 (i) are employed by an approved authority, whether in a permanent capacity or otherwise; and
 (ii) either:
 (A) are, in relation to their employment with the approved authority, members of an alternative superannuation scheme; or
 (B) are required by the terms and conditions of their employment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) members of an alternative superannuation scheme;
 (b) persons (including persons specified in a direction, given under section 14 of the Act, that was in force immediately before the commencement of this Declaration) who:
 (i) are the holders of a statutory office; and
 (ii) either:
 (A) are, in relation to the holding of that office, members of an alternative superannuation scheme; or
 (B) are required by the terms and conditions of their appointment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) members of an alternative superannuation scheme; and
 (iii) are not on leave of absence without pay from that office;
 (c) persons (contributions‑barred persons) for whom, under the SIS Act, contributions to a regulated superannuation fund cannot be accepted, other than:
 (i) persons who:
 (A) immediately before the commencement of this Declaration, were eligible employees; and
 (B) have since remained eligible employees; or
 (ii) persons (other than persons mentioned in subparagraph (i)) who:
 (A) immediately before becoming contributions‑barred persons, were eligible employees; and
 (B) have since remained eligible employees;
 (d) persons who:
 (i) were appointed to be officers of the Australian Public Service under the Mint Employees Act 1964; and
 (ii) after being appointed as such officers, made an election under subsection 17(1) of the Mint Employees Act 1964; and
 (iii) have continued to be, and are, such officers;
 (e) persons (including persons specified in a direction, given under section 11, 12, 13 or 14 of the Act, that was in force immediately before the commencement of this Declaration):
 (i) who are permanent or temporary employees or the holders of a statutory office; and
 (ii) who are, in relation to that employment or the holding of that office, members of an alternative superannuation scheme; and
 (iii) who are not on leave of absence without pay from that employment or office; and
 (iv) for whom the Commonwealth