Superannuation Act 1976 Amendment Regulations 2001 (No. 1) 2001 No. 99
EXPLANATORY STATEMENT
Statutory Rules 2001 No. 99
Issued by authority of the Prime Minister
Public Employment (Consequential and Transitional) Amendment Act 1999
Superannuation Act 1976 Amendment Regulations 2001 (No. 1)
The Public Employment (Consequential and Transitional) Amendment Act 1999 (the Act) received the Royal Assent on 11 November 1999. The Act and the Public Service Act 1999 (the PS Act 1999) commenced on 5 December 1999.
The Public Service Act 1922 (the old Act) was repealed by the Act with effect from 5 December 1999.
The Act deals with the consequential and transitional matters arising from the repeal of the old Act and the enactment of replacement legislation, namely the PS Act 1999. Schedule 1 of the Act contained amendments to other Acts consequential upon the commencement of the PS Act 1999 to ensure appropriate links to the employment provisions contained in the PS Act 1999 and to remove obsolete references to provisions of the old Act.
Subsection 14(1) of the Act provides that the Governor-General may make Regulations in relation to matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 14(5) of the Act provides that the Regulations may:
(a) amend other Acts, by making amendments of a kind that are consequential on the repeal of the old Act and its replacement by the PS Act 1999; and
(b) make provision of a transitional or saving nature in relation to amendments made under paragraph (a).
Subsection 14(6) of the Act provides that, for the purposes of the Amendments Incorporation Act 1905, amendments made by Regulations under paragraph 14(5)(a) of the Act are to be treated as if they had been made by an Act.
The Department of Finance and Administration has identified three errors in Schedule 1 of the Act (items 860, 864 and 865) relating to consequential amendments to the Superannuation Act 1976 (the Superannuation Act).
The Regulations amend the Superannuation Act under subsection 14(5) of the Act to correct these errors. The amendments are to:
• subsection 21 (1) of the Superannuation Act to remove an obsolete reference to the old Act;
• paragraph 57B(1)(a) of the Superannuation Act to change the reference in the paragraph from 'section 5 1' of the PS Act 1999 to 'section 58' of the PS Act 1999 to ensure the provisions in the Superannuation Act now refer to the section of the PS Act 1999 dealing with the 'Appointment etc. of Secretary'; and
• subsection 57B(2) of the Superannuation Act to change the reference in the subsection from 'section 53' of the PS Act 1999 to 'section 60' of the PS Act 1999 to ensure the provisions in the Superannuation Act now refer to the section of the PS Act 1999 dealing with the 'Engagement of former Secretaries'.
Details of the Regulations are set out in the Attachment.
ATTACHMENT
Regulation 1 names the Regulations as the Superannuation Act 1976 Amendment Regulations 2001 (No. 1).
Regulation 2 of the Regulations provides that the Regulations commence upon gazettal.
Regulation 3 of the Regulations provides that the Superannuation Act 1976 (the Superannuation Act) is amended in accordance with Schedule 1.
Schedule 1
Item 1 substitutes subsection 2 1 (1) of the Superannuation Act as a consequence of the introduction of the PS Act 1999. This amendment removes a reference in subsection 21(1) to the old Act that has been obsolete since the introduction of the PS Act 1999. This amendment gives effect to the intention of item 860 of Schedule 1 of the Act, which was misdescribed and had no effect.
Item 2 amends paragraph 57B(1)(a) of the Superannuation Act to correct a reference to the PS Act 1999.
The amendment omits the reference to 'section 51' of the PS Act 1999 and inserts a reference to 'section 58' of the PS Act 1999.
The amendment is necessary because section 51 of the PS Act 1999 deals with the Annual report of the Merit Protection Commissioner whereas the reference in the Superannuation Act should be to section 58 of the PS Act 1999 (Appointment etc. of Secretary) as the paragraph deals with persons being appointed on a fixed-term which includes a Secretary of a Department.
The incorrect reference was inserted into the Superannuation Act by item 864 of Schedule 1 of the Act.
Item 3 amends subsection 57B(2) of the Superannuation Act to correct a reference to the PS Act 1999.
The amendment omits the reference to 'section 53' of the PS Act 1999 and inserts the correct reference of 'section 60' of the PS Act 1999.
The amendment is necessary because section 53 of the PS Act 1999 deals with the remuneration and conditions of appointment of the Merit Protection Commissioner whereas the reference in the Superannuation Act should be to section 60 of the PS Act 1999 (Engagement of former Secretaries) as subsection 57B(2) deals with former Secretaries being engaged in the APS.
The incorrect reference was inserted into the Superannuation Act by item 865 of Schedule 1 of the Act.