EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 183
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1990
DECLARATION UNDER PARAGRAPH 6(2)(c)
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 12 months from 1 July 1990, of remaining members of that scheme or of transferring to the new scheme.
Section 6 of the Act specifies the persons who may be members of the new Commonwealth scheme. In accordance with paragraph 6(2) (c), a person declared by the Minister for Finance to be a person to whom section 6 does not apply is not to be a member of the scheme.
In accordance with section 45 of the Act, a declaration under paragraph 6(2)(c) 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 “Membership Exclusion Declaration No 1” declares that section 6 does not apply to a number of persons described in subparagraphs 3(a) to 3(zh). Such persons may not therefore be members of the scheme.
The persons described in paragraphs 3(a) to 3(y) and 3(ze) to 3(zh) are excluded from membership of the current Commonwealth scheme in similar circumstances and should also be excluded from membership of the new scheme.
Paragraph 3(z) excludes holders of statutory office under certain Acts and paragraph 3(za) excludes holders of statutory office under laws of the Northern Territory. Because none of the authorities established under those Acts, and no Northern Territory authority, is to be an approved authority for the purposes of the Act, their employees will be excluded from being members of the new scheme. It is appropriate that the relevant statutory office-holders also be excluded.
It is intended that the persons referred to in paragraphs 3(zb) to 3(zd) not be able to join the new scheme but become, or remain, members of the current scheme when they cease to be persons to whom the paragraphs refer. They will then have the option of becoming members of the new scheme.
The Act received Royal Assent on 7 June 1990. In accordance with section 2 of the Act, paragraph 6(2) (c) 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 by paragraph 6(2) (c) to be exercised after Royal Assent but before 1 July 1976.
The Declaration operates with effect from 1 July 1990.