Commonwealth Consolidated Acts

SUPERANNUATION ACT 1990 - SECT 5

             (1)  The Minister may, by signed instrument, amend the Trust Deed.

       (1AA)  To avoid doubt, the Minister may amend the Trust Deed to include provisions relating to the functions and powers of the Board in relation to:

                     (a)  the Public Sector Superannuation Scheme and the PSS Fund; and

                     (b)  the PSSAP and the PSSAP Fund; and

                     (c)  the CSS and the CSS Fund.

          (1A)  The Minister may not amend the Trust Deed unless:

                     (a)  the Board has consented to the amendment; or

                     (b)  the amendment:

                              (i)  relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or

                             (ii)  relates solely to the termination of the PSS Fund; or

                            (iii)  is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993 .

          (1B)  For the purposes of subparagraph (1A)(b)(i), a payment under the Trust Deed or the Rules is taken to be a payment by an employer‑sponsor referred to in that subparagraph.

             (2)  If compliance with a provision of the Trust Deed as amended under subsection (1) would have the effect that the Public Sector Superannuation Scheme:

                     (a)  would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 ; or

                     (b)  would not comply with that Act;

that provision is invalid.