Membership Exclusion Declaration No. 1

Overview

The Superannuation Act 1990 was enacted to establish a new superannuation scheme for Commonwealth employees and certain other persons, replacing the existing scheme governed by the Superannuation Act 1976. This Act was introduced to modernise and streamline the superannuation arrangements for Commonwealth employees, aiming to provide a more efficient and consolidated superannuation system. The enacting body for this legislation was the Parliament of Australia, reflecting the legislative intent to reform superannuation provisions at the federal level. The policy objective of the Act was to create a new, unified superannuation scheme that would offer improved benefits and governance for Commonwealth employees, while also providing an option for members of the old scheme to transition to the new one. The explanatory statement clarifies that certain individuals, such as holders of statutory offices under specific Acts and laws of the Northern Territory, are excluded from the new scheme due to the nature of their employment and the absence of an approved authority under the Act.

Scope and Application

The Superannuation Act 1990 applies to the new superannuation scheme for Commonwealth employees and certain other persons, effective from 1 July 1990. This legislation replaces the Superannuation Act 1976 and provides members of the current scheme with the option to remain in it or transfer to the new scheme within 12 months from the commencement date. Section 6 of the Act outlines the eligibility criteria for membership of the new Commonwealth scheme, but certain individuals are excluded from membership through a Ministerial declaration under section 45, which functions as a disallowable instrument and a Statutory Rule. The "Membership Exclusion Declaration No 1" specifies that particular persons, such as holders of statutory office under certain Acts and laws of the Northern Territory, are not eligible for membership in the scheme. This exclusion extends to employees of these authorities as they are not recognised as approved authorities under the Act. The Act and its associated declaration came into effect on 1 July 1990, although the power to make the declaration could be exercised prior to this date under the Acts Interpretation Act 1901.

Key Provisions

The Superannuation Act 1990 (the Act) sets out the provisions for a new superannuation scheme for Commonwealth employees and other eligible persons, effective from 1 July 1990. Section 6 of the Act specifies the categories of individuals who are eligible to be members of the new scheme. However, under paragraph 6(2)(c) of the Act, the Minister for Finance has the authority to declare certain individuals who are not eligible for membership. This exclusionary power ensures that specific groups of people are excluded from the scheme. The "Membership Exclusion Declaration No 1" issued under this authority excludes a range of individuals from membership, including those described in subparagraphs 3(a) to 3(zh) of the Statutory Rule. The Act imposes specific obligations on the Minister for Finance and other governing authorities. Section 45 of the Act mandates that any declaration made under paragraph 6(2)(c) must be considered a disallowable instrument under the Acts Interpretation Act 1901 and a Statutory Rule under the Statutory Rules Publication Act 1903. The Declaration, effective from 1 July 1990, ensures that certain individuals are not eligible for membership of the new superannuation scheme. This includes individuals holding statutory offices under specific Acts and laws of the Northern Territory, as well as other categories defined in the Statutory Rule. By excluding these individuals, the Act maintains the integrity and intended scope of the new superannuation scheme. Breach of the provisions outlined in the Act can lead to various consequences. The Statutory Rule, which includes the "Membership Exclusion Declaration No 1," is a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903, thereby ensuring it is subject to parliamentary scrutiny. While the Act does not specify explicit penalties for non-compliance with the exclusion declarations, it is understood that any improper inclusion of excluded individuals could lead to administrative and legal repercussions. The disallowance mechanism provided under the Acts Interpretation Act 1901 allows for parliamentary oversight, ensuring that the Minister's decisions are in line with legislative intent and can be challenged if necessary.