EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 166
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1976
DECLARATION UNDER PARAGRAPH (a) OF DEFINITION OF “APPROVED AUTHORITY” IN SUBSECTION 3(1)
The Superannuation Act 1976 (the Act) provides for the current superannuation scheme for Commonwealth employees and certain other persons.
The Superannuation Act 1990 provides for the new superannuation scheme for Commonwealth employees which is to come into operation on 1 July 1990. Members of the current scheme are to have the option, to be exercised during the period of 12 months from 1 July 1990, of remaining members of that scheme or of transferring to the new scheme.
The current scheme will continue in operation under the Act to accommodate those who opt to remain members of it and the limited number of persons who will be able to become members.
By virtue of the definitions of “eligible employee”, “permanent employee” and “temporary employee” in subsection 3(1) of the Act, those required or eligible to contribute under the Act include officers and employees for the purposes of the Public Service Act 1922, any other persons employed by the Commonwealth and persons employed by an approved authority.
Subsection 3(1) of the Act, as amended with effect from 1 July 1990 by section 8 of the Superannuation Legislation Amendment Act 1990 (the Amending Act) defines “approved authority” as:
(a) an authority or other body declared by the Minister for Finance to be an approved authority for the purposes of the Act, being an authority or body of a kind described in the definition; or
(b) an authority or body that was an approved authority for the purposes of the Superannuation Act 1922 immediately before 1 July 1976, the date of commencement of the Act.
Prior to the amendment of section 3(1), paragraph (a) of the definition provided for approved authorities to be specified in regulations under the Act. Authorities or bodies that have become approved authorities since 1 July 1976 are specified in the Superannuation (Approved Authorities) Regulations.
Subsection 8(2) of the Amending Act provides for the Regulations as at 30 June 1990 to remain in force on and after 1 July 1990 and for them to be taken to be declarations made by the Minister for the purposes of the definition of “approved authority” in subsection 3(1) as in force on and after that date. Thus, authorities or bodies that are approved authorities for the purposes of the Act on 30 June 1990 remain so unless the Minister declares otherwise.
In accordance with section 4A of the Act, inserted by section 9 of the Amending Act, a declaration for the purposes of the paragraph (a) of the definition of “approved authority” is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 and a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903. The new section 4A also provides that such a declaration may be expressed to have taken effect from and including a day not earlier than 12 months before the declaration is made.
The Declaration contained in the Statutory Rule, and cited as “Approved Authority Declaration No 1”, declares the “Aboriginal Areas Protection Authority”, the “Civil Aviation Authority” and the “University of Canberra sponsored by Monash University” to be approved authorities for the purposes of the Act with effect from the dates specified. This will enable members of the current scheme who are, or become, employed by these authorities to remain members of that scheme.
The Aboriginal Sacred Sites Authority was established by the NT Aboriginal Sacred Sites Act 1989. The Authority is to be an approved authority with effect from 15 August 1989, the date on which it was established.
The Civil Aviation Authority was established by the Civil Aviation Act 1989. It is to be an approved authority with effect from 20 June 1990, the date of its establishment.
The body known as the “University of Canberra sponsored by Monash University” was established on 1 January 1990 by the University of Canberra Act 1989. It is to be an approved authority with effect from that date.
The Amending Act received Royal Assent on 7 June 1990. In accordance with section 2 of that Act, section 8 is to come into operation on 1 July 1990. Section 4 of the Acts Interpretation Act 1901 enables the power conferred on the Minister for Finance under the amended definition of “approved authority” in subsection 3(1) of the Act to be exercised after Royal Assent but before 1 July 1990.