A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment)

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EXPLANATORY STATEMENT

A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988

A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) REGULATIONS (AMENDMENT)

1989 No. 298

Subsection 31(1) of the A.C.T. Self-Government (Consequential Provisions) Act 1988 provides that the Governor-General may make regulations making provision (including provision by way of modifications of an Act) in relation to:

(a) any matter arising from, connected with or consequential upon the establishment of the Territory as a body politic under the Crown; or

(b) any matter arising from, connected with or consequential upon the conversion of a law into an enactment.

Subsection 31(2) provides that regulations under section 31(1) may be expressed to commence on and from a date earlier than the making of the regulations not being a date earlier than Self-Government Day.

The proposed Regulations provide for modifications to the following Commonwealth Acts as a consequence of the provision of self-government for the Australian Capital Territory:

• Parliamentary Contributory Superannuation Act 1948;

• Superannuation Act 1976; and

• Superannuation Benefit (Interim Arrangement) Act 1988.

The details of the proposed Regulations are in the Attachment.

ISSUED UNDER THE AUTHORITY OF THE MINISTER FOR THE ARTS, TOURISM AND TERRITORIES


ATTACHMENT

Details of the A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment)

Regulation 1 provides that the proposed Regulations shall be taken to have commenced on 11 May 1989, the date of Self-Government in the Australian Capital Territory.

Regulation 2 provides that the proposed modifications to the Parliamentary Contributory Superannuation Act 1948, the Superannuation Act 1976 and the Superannuation Benefit (Interim Arrangement) Act 1988 are to be inserted, in the appropriate alphabetical order, in Schedule 1 of the ACT Self-Government (Consequential Provisions) Regulations.

The Schedule provides for the following modifications, to the effect that members of the Legislative Assembly for the Australian Capital Territory, statutory office holders of the Australian Capital Territory and employees of the Australian Capital Territory shall be treated under these Acts similarly to their State counterparts:

• Parliamentary Contributory Superannuation Act 1948

Subsection 18A(5A) will be modified to provide that in subsection 18A(5) references to the Parliament of a State shall be construed as including references to the Legislative Assembly for the Australian Capital Territory and references to the law of a State providing for pensions for members of the Parliament of the State shall be construed as including references to the law of the Australian Capital Territory providing for pensions for members of the Legislative Assembly for the Australian Capital Territory.

Subsection 20A(1A) will be modified to provide that in subsection 20A(1), references to the Parliament of a State shall be construed as including references to the Legislative Assembly for the Australian Capital Territory.

Subsection 21(1A) will be modified to provide that in subsection 21(1) references to the Parliament of a State and to a Minister of State of a State shall be construed as including references to the Legislative Assembly for the Australian Capital Territory and to a Minister of the Australian Capital Territory, respectively.

Subsection 21B(1) will be modified to provide that “holder of an office of profit under a State” shall also mean the holder of an office of Head of Administration or Associate Head of Administration under section 49 of the Australian Capital Territory (Self-Government) Act 1988; and “Parliament” shall also mean, in relation to the Australian Capital Territory, the Legislative Assembly for the Australian Capital Territory.


• Superannuation Act 1976

Section 120 will be modified to provide that Part VIII of the Act applies to a person who has ceased to be an eligible employee by reason that he has voluntarily terminated his employment in order to become a candidate for election as a member of the Legislative Assembly for the Australian Capital Territory, but so applies only if the termination took effect not earlier than one month before the day on which nominations for the election closed.

Subsection 125(3) will be modified to provide that for the purposes of Part IX of the Act, membership by a person of the Legislative Assembly for the Australian Capital Territory shall be treated as if it were employment of the person by the Commonwealth.

Paragraph 131(1)(b) will be modified to provide that for the purposes of Division 3 of Part IX of the Act the prescribed period shall be, in relation to a person who has ceased to be an eligible employee by reason of his having voluntarily terminated his employment in order to become a candidate for election as a member of the Legislative Assembly for the Australian Capital Territory and was a candidate at the election -

(i) if he is elected - the period commencing immediately after he ceases to be an eligible employee and ending on the day on which he becomes such a member; or

(ii) if he is not elected - the period of three months immediately after the date of the declaration of the result of the election.

Paragraph 132(1)(b) will be modified to provide that for the purposes of the application of Division 3 of Part IX of the Act in relation to a person who has ceased to be an eligible employee, periods of eligible employment will include a period of employment of the person by the Australian Capital Territory.

Subsection 153AA(1) will be modified to provide that in Part XA, “relevant law” means a law of the Commonwealth (including the Superannuation Act 1976) other than the Australian Capital Territory (Self-Government) Act 1988.

• Superannuation Benefit (Interim Arrangement) Act 1988

In subsection 3(1) the definition of “qualified employee” will include, by modification of paragraph 3(1)(c), a person who is the holder of an office established by an enactment of the Australian Capital Territory.

Overview

The A.C.T. Self-Government (Consequential Provisions) Act 1988 was enacted to address the legal framework surrounding the establishment of self-government in the Australian Capital Territory (A.C.T.). This Act, passed by the Parliament of Australia, aims to ensure that the transition to self-government is effectively managed by addressing the consequential legislative adjustments necessary for the A.C.T. to function as a self-governing entity. The Act provides the Governor-General with the authority to make regulations that modify existing laws to reflect the new status of the A.C.T. as a body politic under the Crown. This includes the authority to modify Commonwealth Acts to ensure that members of the Legislative Assembly for the A.C.T., statutory office holders, and employees of the A.C.T. are treated similarly to their state counterparts in matters of superannuation and related benefits. The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989, issued under the authority of the Minister for the Arts, Tourism and Territories, further exemplifies this objective by providing specific modifications to Commonwealth Acts such as the Parliamentary Contributory Superannuation Act 1948, the Superannuation Act 1976, and the Superannuation Benefit (Interim Arrangement) Act 1988. These amendments ensure that the provisions concerning superannuation and related benefits are applicable to the A.C.T. in a manner consistent with those of the states, thereby facilitating a smooth transition to self-government.

Scope and Application

The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 applies to the Australian Capital Territory, extending its jurisdictional reach to modify existing Commonwealth Acts to accommodate the self-government provisions established for the Territory. These regulations specifically target the Parliamentary Contributory Superannuation Act 1948, the Superannuation Act 1976, and the Superannuation Benefit (Interim Arrangement) Act 1988, ensuring that members of the Legislative Assembly, statutory office holders, and employees of the Australian Capital Territory are treated under these Acts in a manner similar to their counterparts in the States. The regulations aim to harmonise superannuation provisions and related benefits, ensuring continuity and consistency with the broader national framework. Regulation 1 sets the commencement date of these amendments to align with Self-Government Day in the Australian Capital Territory, specifically 11 May 1989. These modifications are inserted in Schedule 1 of the A.C.T. Self-Government (Consequential Provisions) Regulations, ensuring that the legislative changes are implemented effectively and efficiently. The proposed regulations do not specify any exclusions or exemptions, but they do outline clear thresholds and conditions for the application of the modifications. These modifications are designed to integrate the A.C.T.’s self-governing status into existing superannuation laws, ensuring that the legislative framework supports the Territory's autonomy while maintaining alignment with national standards. The regulations are subject to further modifications or extensions through subordinate instruments, allowing for adjustments as necessary to accommodate any evolving legislative or administrative needs.

Key Provisions

The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 298 introduces modifications to three Commonwealth Acts in response to the establishment of self-government in the Australian Capital Territory. Section 31(1) of the A.C.T. Self-Government (Consequential Provisions) Act 1988 allows the Governor-General to make regulations concerning matters arising from, connected with, or consequential upon the establishment of the Territory as a body politic under the Crown, or the conversion of a law into an enactment. These regulations are designed to ensure that members of the Legislative Assembly, statutory office holders, and employees of the Australian Capital Territory are treated similarly to their State counterparts under the Parliamentary Contributory Superannuation Act 1948, the Superannuation Act 1976, and the Superannuation Benefit (Interim Arrangement) Act 1988. The amendments are set out in Schedule 1 of the Regulations and are effective from 11 May 1989, the date of Self-Government in the Australian Capital Territory. The Act imposes specific obligations on the parties governed by the regulations. For instance, under the Parliamentary Contributory Superannuation Act 1948, references to the Parliament of a State and to the law of a State providing for pensions for members of the Parliament of the State are to be construed as including references to the Legislative Assembly for the Australian Capital Territory and to the law of the Australian Capital Territory providing for pensions for members of the Legislative Assembly for the Australian Capital Territory. Similarly, the Superannuation Act 1976 must treat membership of the Legislative Assembly for the Australian Capital Territory as if it were employment by the Commonwealth, and the Superannuation Benefit (Interim Arrangement) Act 1988 must include holders of offices established by an enactment of the Australian Capital Territory within the definition of "qualified employee". The Regulations also establish civil and criminal consequences for breaches, although specific penalties are not detailed in the explanatory statement. In general, non-compliance with these regulations could lead to legal actions for enforcement, and repeated or significant breaches might result in further legislative measures or administrative actions to ensure adherence to the provisions outlined in the Regulations. The precise penalties for breaches would be determined by the courts or relevant authorities based on the specific nature of the breach and the applicable laws at the time.

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