EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 163
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1990
DECLARATION UNDER PARAGRAPH (a) OF DEFINITION OF “APPROVED AUTHORITY” IN SECTION 3
The Superannuation Act 1990 (the Act) provides for the new superannuation scheme for Commonwealth employees and certain other persons to operate from 1 July 1990. The Superannuation Act 1976 provides for the current Commonwealth superannuation scheme. Generally, 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.
In accordance with section 6 of the Act and the definitions of “permanent employee” and “temporary employee” in section 3, those who may become members of the new scheme include persons employed in permanent or a temporary capacity by an approved authority. In accordance with section 3 of the Act, the term “approved authority” means-
(a) an authority or body that was, immediately before 1 July 1990, an approved authority for the purposes of the Superannuation Act 1976: and
(b) an authority or body of a kind described in paragraph (b) of the definition that is declared by the Minister for Finance to be an approved authority for the purposes of the Act.
Paragraph (a) is not to include an authority or body that is declared by the Minister for Finance not to be an approved authority for the purposes of the Act.
In accordance with section 45 of the Act, a declaration for the purposes of paragraph (a) of the “approved authority” definition is to be 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 declaration contained in the Statutory Rule, and cited as “Approved Authority Exclusion Declaration No 1”, specifies a number of authorities or bodies that are approved authorities for the purposes of the Superannuation Act 1976 but which are not to be approved authorities for the purpose of the Act.
Prior to the introduction by the Northern Territory on 1 October 1986 of a superannuation scheme for its employees, all Northern Territory employees were able to be members of the current Commonwealth scheme. That scheme was closed to Northern Territory employees from 1 October 1986 and Northern Territory employees who were members of the scheme immediately before that date were given the option of remaining members of that scheme or of transferring to the Northern Territory scheme. It is not intended that the new Commonwealth scheme be available to Northern Territory employees. The Declaration contained in the Statutory Rule therefore provides that the body politic known as the Northern Territory of Australia and the following Northern Territory authorities or bodies are not to be approved authorities for the purposes of the Act-
Aboriginal Areas Protection Authority
Alice Springs College of Technical and Further Education
Batchelor College
Fire Service of the Northern Territory
Housing Commission
Katherine Rural College
Menzies School of Health Research
Museums and Art Galleries Board
NT Open College of Technical and Further Education
NT Tourist Commission
NT University
Power and Water Authority
A number of Commonwealth authorities or bodies have established, or will be establishing with effect from 1 July 1990, superannuation schemes for their employees. Employees of those authorities or bodies have had, or will have, the opportunity of transferring from the current Commonwealth superannuation scheme to those schemes. It is not intended that employees of those authorities or bodies have available to them the new Commonwealth scheme.
The Declaration contained in the Statutory Rule therefore also provides that the relevant Commonwealth authorities or bodies are not to be approved authorities for the purposes of the Act.
Section 3 of the Act came into operation on Royal Assent (7 June 1990). The Declaration operates from the date of its gazettal.