EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 321
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 a new superannuation scheme for Commonwealth employees and certain other persons to operate from 1 July 1990.
Section 6 of the Act specifies the persons who may be members of that 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.
Staff of the Australian National Railways Commission who satisfy the specification in section 6 of the Act may be members of the scheme. On 1 October 1990 the Commission established its own occupational superannuation scheme which is available to all new staff of the Commission.
It is intended, as a consequence, that new staff of the Commission and existing staff who are not already members of the scheme established under the Act, should be excluded from becoming members of that scheme.
The Declaration contained in the statutory Rule and cited as Membership Exclusion Declaration No 2 declares that section 6 does not apply to persons who are officers, employees or statutory office holders of the Commission, other than persons who immediately before the commencement of the Declaration, were members of the scheme established under the Act and officers, employees or statutory office holders of the Commission.
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 1901.
The Declaration operates from the date of gazettal.