Approved Authority Declaration No. 1

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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.

Overview

The Superannuation Act 1976, as amended by the Superannuation Legislation Amendment Act 1990, was enacted by the Parliament of Australia to manage the superannuation scheme for Commonwealth employees and certain other persons, addressing the need for a structured retirement savings system for these groups. The 1990 amendment introduced a new superannuation scheme for Commonwealth employees, effective from 1 July 1990, and allowed members of the existing scheme to choose whether to remain in it or transfer to the new scheme within a 12-month period. The amendment also sought to ensure that the existing scheme would continue to operate for those who opted to remain and for a limited number of new members. The explanatory statement accompanying the Statutory Rules 1990 No. 166 issued by the authority of the Minister for Finance clarifies that certain authorities and bodies, including the Aboriginal Areas Protection Authority, the Civil Aviation Authority, and the University of Canberra sponsored by Monash University, are declared as approved authorities under the Act, enabling their employees who are members of the current scheme to continue to participate in it. This legislative action ensures that the new superannuation scheme can smoothly transition while accommodating those who prefer to remain in the existing framework.

Scope and Application

The Superannuation Act 1976, as amended, governs the superannuation scheme applicable to Commonwealth employees and certain other individuals, including those employed by entities deemed as approved authorities under the Act. The Act specifies that eligible contributors include officers and employees covered by the Public Service Act 1922, other Commonwealth employees, and those employed by bodies declared as approved authorities by the Minister for Finance. The Act distinguishes between current and new superannuation schemes, offering existing scheme members the option to remain in the current scheme or transfer to the new scheme within twelve months from its commencement on 1 July 1990. The Act’s reach extends to Commonwealth-employed individuals and those working for authorities or bodies designated as approved authorities, including the Aboriginal Areas Protection Authority, the Civil Aviation Authority, and the University of Canberra sponsored by Monash University, which are explicitly declared as approved authorities with specific effective dates. These declarations allow employees of these authorities to remain within the current superannuation scheme. The regulations governing approved authorities, as amended, remain in effect unless otherwise specified by the Minister for Finance.

Key Provisions

The main operative sections of this statutory rule, particularly section 3(1) of the Superannuation Act 1976, as amended by the Superannuation Legislation Amendment Act 1990, concern the definition of "approved authority" and the process for declaring certain authorities or bodies as such. This amendment allows the Minister for Finance to declare authorities or bodies as approved authorities, which is necessary for employees of these entities to remain in the current superannuation scheme. Section 4A of the Act, introduced by the Amending Act, ensures that these declarations are subject to disallowance and are published as Statutory Rules. The obligations and requirements imposed by this Act on parties or entities include the necessity for the Minister for Finance to declare certain authorities or bodies as approved authorities. This enables these entities to remain part of the existing superannuation scheme, thus allowing their employees to maintain their membership in that scheme. The Act also mandates that these declarations can have retrospective effect, provided they are made within 12 months of the authority or body coming into existence. The statutory rule outlines specific offences, penalties, or civil/criminal consequences for breaches of the Act, though these are not explicitly detailed within the provided text. Generally, under the Acts Interpretation Act 1901, disallowable instruments such as these declarations can be subject to disallowance by Parliament, which serves as a form of oversight and control. While the exact penalties for non-compliance with the Act or the Statutory Rules are not specified here, it is implied that failure to properly declare approved authorities could result in legal challenges or other consequences as outlined in the relevant Acts.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.