"relevant person" means a person other than:

(a)

a person who, immediately before being employed under this Part, was an eligible employee within the meaning of the Superannuation Act 1976 ; or

(ab)

a person who, immediately before being employed under this Part, was a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or

(b)

a pensioner.

(2)

An agreement under section 20 for the employment by a Senator or Member of the House of Representatives of a relevant person as a member of the staff of the Senator or Member may contain provisions determined by the Senator or Member in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

(3)

Without limiting the generality of subsection (2), an agreement under section 20 for the employment of a relevant person may provide:

(a)

that, if the person was employed before 1 July 1990, the Superannuation Act 1976 applies in relation to the person as if the person were a temporary employee within the meaning of that Act;

and, where an agreement so provides, the Superannuation Act 1976 applies in relation to the person in accordance with the agreement.

(3A)

Without limiting subsection (2), an agreement, under section 20, for the employment of a relevant person after 30 June 1990 may provide that the Superannuation Act 1976 applies in relation to the person as if the person were a temporary employee within the meaning of section 11 of that Act if:

(a)

immediately before the person was so employed, deferred benefits were applicable to him or her under that Act or the Superannuation Act 1922 ; or

(b)

the person became, by virtue of his or her being so employed, a re-employed former contributor with preserved rights within the meaning of the Superannuation Act 1976 .

(3B)

Where an agreement so provides, the Superannuation Act 1976 applies in relation to the person in accordance with the agreement.

(3C)

Without limiting subsection (2), an agreement, under section 20, for the employment of a relevant person may provide that the Superannuation Act 1990 applies in relation to the person as if the person were a temporary employee within the meaning of that Act if the relevant person:

(a)

is engaged after 30 June 1990; and

(b)

is not a person to whom paragraph (3A)(a) or (b) applies.

(3D)

Where an agreement so provides, the Superannuation Act 1990 applies in relation to the person in accordance with the agreement.

(4)

Notwithstanding anything in the Superannuation Act 1976 or any other Act, the Superannuation Act 1976 :

(a)

does not apply in relation to a relevant person employed under this Part unless the application of that Act is expressly provided for, in accordance with subsection (3) or (3A), in the agreement for the employment of the person; and

(b)

does not apply in relation to such a person except as provided by subsection (3) or (3B).

(4A)

The Superannuation Act 1990 applies in relation to a relevant person if the person makes a declaration and election under subsection 244(1) of the Superannuation Act 1976 .

(4B)

If the relevant person revokes, under section 247 of the Superannuation Act 1976 , the declaration and election made under subsection 244(1) of that Act, subsection (4) applies in relation to the person as if he or she had not made the declaration and election.

(4C)

Subject to subsection (4A), in spite of anything in the Superannuation Act 1990 or any other Act, the Superannuation Act 1990 :

(a)

applies in relation to a relevant person employed under this Part only if the application of that Act is expressly provided for in the agreement for the employment of the person; and

(b)

applies in relation to such a person only as provided by subsection (3D).

(5)

A Senator or a Member of the House of Representatives is not empowered to determine provisions for the purposes of subsection (2) except in accordance with arrangements approved by the Minister for Finance.