EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 164
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1990
DECLARATION UNDER DEFINITION OF “STATUTORY OFFICE” IN SECTION 3
The Superannuation Act 1990 (the Act) provides for the new superannuation scheme for Commonwealth employees to operate from 1 July 1990. The current Commonwealth superannuation scheme is provided for by the Superannuation Act 1976. Generally, members of the current scheme are to have the option, to be exercised during the period of 12 months from 1 July 1990, of remaining members of that scheme or of transferring to the new scheme.
In accordance with section 7 of the Act, those who may become members of the new scheme include persons who are holders of a statutory office. The term “statutory office” is defined in section 3 of the Act as -
(a) an office established by an Act, by regulations made under an Act or by a law of a Territory; or
(b) an office declared by the Minister for Finance to be a statutory office for the purposes of the Act.
In accordance with section 45 of the Act, a declaration for the purposes of the definition of “statutory office” in section 3 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 “Statutory Office Declaration No1”, declares the offices of “Coal Industry Tribunal” and “member of the Inter-State Commission” to be statutory offices for the purposes of the Act. This will enable holders of the offices to become members of the new superannuation scheme for Commonwealth employees.
The Coal Industry Tribunal is an office established through an arrangement entered into under the Coal Industry Act 1986 between the Governor-General and the Governor of the State of New South Wales. The office of member of the Inter-State Commission was established under the Constitution. Both offices have been prescribed by the Superannuation (Statutory Offices) Regulations to be statutory offices for the purposes of the Superannuation Act 1976, thus enabling holders of those offices to be members of the current Commonwealth superannuation scheme.
Section 3 of the Act came into operation on Royal Assent (7 June 1990). The Declaration operates from the date of its gazettal.