Australian National Airlines Amendment Act 1988

Overview

The Australian National Airlines Amendment Act 1988 was enacted to address specific issues and make amendments to the Australian National Airlines Act 1945. The Act was passed by the Queen, in accordance with the authority of the Senate and the House of Representatives of the Commonwealth of Australia. It was designed to update the legislation governing the Australian National Airlines Commission by making necessary changes, particularly in relation to superannuation arrangements for the Commission's employees. The policy objective was to ensure the continued efficient operation of the Commission by updating its superannuation obligations and providing clarity on transitional arrangements. This Act amends the Australian National Airlines Act 1945, specifically addressing the superannuation obligations of the Australian National Airlines Commission. The primary change involves the removal of certain subsections of Section 32e of the Principal Act and their replacement with a new subsection that exempts the Commission from the application of Section 145 of the Superannuation Act 1922. Additionally, the Act includes transitional provisions that allow for the retroactive effect of certain determinations and arrangements made under the Superannuation Act 1976, ensuring that the Commission's financial obligations are managed accurately and fairly. The Act aims to provide a clear legal framework that aligns with current superannuation laws while facilitating the smooth operation of the Commission.

Scope and Application

The Australian National Airlines Amendment Act 1988 applies to the Australian National Airlines Commission, modifying specific provisions related to superannuation as outlined in the Australian National Airlines Act 1945. The Act alters the applicability of the Superannuation Act 1922 to the Commission, exempting it from certain sections, thereby affecting the financial and administrative obligations of the Commission in relation to superannuation. This amendment has a Commonwealth reach, as it pertains to federal legislation and the operations of a national entity. The transitional provisions within the Act ensure that any superannuation-related determinations or arrangements made post-amendment can be retroactively applied to a specific date, in this case, 1 July 1987, to maintain continuity and fairness in financial obligations. The Act does not specify any exclusions or exemptions beyond those mentioned, and its application is confined to the specified sections of the Principal Act, with no broader jurisdictional or industry-specific extensions mentioned.

Key Provisions

The Australian National Airlines Amendment Act 1988 (C2004A03594) amends the Australian National Airlines Act 1945 (Principal Act) and introduces specific changes to superannuation provisions for the Australian National Airlines Commission. Section 3 of the Act amends section 32e of the Principal Act, which pertains to superannuation. Specifically, subsections (3) and (4) are omitted and replaced with a new subsection (3), clarifying that section 145 of the Superannuation Act 1922 does not apply to the Commission. This change ensures that the Commission is exempt from certain superannuation obligations under the Superannuation Act 1922. The Act imposes certain obligations on the Australian National Airlines Commission, particularly in relation to superannuation payments. According to section 4, the first determination or arrangement made under section 159 of the Superannuation Act 1976 after the commencement of this section can be expressed to have effect as if it had been made on 1 July 1987. This means that any payments made by the Commission since 30 June 1987 under subsection 32e (3) of the Principal Act can be regarded as payments made under section 159 of the Superannuation Act 1976 by virtue of this determination or arrangement. Additionally, subsection 159 (1) or (1a) of the Superannuation Act 1976 does not apply to the Commission, exempting it from certain payment obligations to the Commonwealth. The Act also includes provisions that address the financial implications of the changes. Under section 4, any payment made by the Commission after 30 June 1987 is treated as a payment made under the Superannuation Act 1976. Furthermore, the formula outlined in the Act determines the maximum amount the Commonwealth can require the Commission to pay in respect of amounts paid out of the Consolidated Revenue Fund on or after 1 July 1987. This formula considers the amount paid and the fraction of the employee's contributory service period that occurred after 30 June 1987. Breaching the provisions of the Australian National Airlines Amendment Act 1988 may result in civil or criminal consequences, though the Act does not explicitly state penalties. However, any failure to comply with the superannuation provisions as amended could potentially lead to financial penalties or legal action. The precise penalties would depend on the nature and extent of the breach, as well as any relevant laws governing such violations.