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.
Overview
The Superannuation Act 1990 was enacted by the Parliament of Australia to provide a new superannuation scheme for Commonwealth employees, commencing from 1 July 1990. This Act was introduced to address the need for a contemporary superannuation framework that would replace the existing scheme under the Superannuation Act 1976. Members of the old scheme were given the option to remain in it or transfer to the new scheme within a 12-month period starting from 1 July 1990. The Act defines a "statutory office" to include certain positions established by an Act or declared by the Minister for Finance, allowing holders of such offices to become members of the new superannuation scheme. The Explanatory Statement for Statutory Rules 1990 No. 164, issued under the authority of the Minister for Finance, further clarifies this definition by declaring specific offices, such as the Coal Industry Tribunal and members of the Inter-State Commission, as statutory offices for the purposes of the Act. This declaration ensures that holders of these offices can participate in the new superannuation scheme, aligning with the policy objective of providing a comprehensive superannuation solution for Commonwealth employees.
Scope and Application
The Superannuation Act 1990 applies to Commonwealth employees and includes provisions for them to join a new superannuation scheme from 1 July 1990. This Act allows current scheme members to choose whether to stay in the existing scheme or transfer to the new one within a year of the scheme's commencement. Importantly, it extends membership eligibility to holders of statutory offices as defined in section 3 of the Act, which includes offices established by an Act, regulations, or laws of a Territory, or declared by the Minister for Finance. The Act's scope is reinforced through Statutory Rules, such as the Statutory Office Declaration No 1, which specifically identifies the offices of the Coal Industry Tribunal and members of the Inter-State Commission as statutory offices, thus making their holders eligible for the new superannuation scheme. The geographic reach of the Act is national, given it pertains to Commonwealth employees, and it supersedes the existing provisions under the Superannuation Act 1976. The Act's application is further clarified and potentially expanded through subordinate instruments like regulations and statutory rules, ensuring a comprehensive and flexible framework for superannuation membership.
Key Provisions
The Superannuation Act 1990 (the Act) outlines the framework for the new superannuation scheme for Commonwealth employees, effective from 1 July 1990. According to section 7, individuals who may become members of the new scheme include holders of a statutory office. The definition of "statutory office" in section 3 includes an office established by an Act, regulations made under an Act, a law of a Territory, or an office declared by the Minister for Finance to be a statutory office for the purposes of the Act.
Holders of these offices are entitled to become members of the new superannuation scheme. The obligations imposed by the Act include ensuring that the offices defined as statutory offices are eligible for participation in the new scheme. Additionally, the Act requires that declarations regarding the definition of "statutory office" comply with section 45, which specifies that such declarations are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and Statutory Rules under the Statutory Rules Publication Act 1903.
The Declaration, titled "Statutory Office Declaration No1," identifies the offices of the "Coal Industry Tribunal" and "member of the Inter-State Commission" as statutory offices for the purposes of the Act. This allows holders of these offices to join the new superannuation scheme. The Coal Industry Tribunal is established under the Coal Industry Act 1986, and the office of member of the Inter-State Commission is constitutionally established. Both offices were already prescribed as statutory offices under the Superannuation Act 1976, enabling their holders to be part of the current Commonwealth superannuation scheme.
Any breach of the provisions set out in the Act may result in civil or criminal consequences. Although specific offences and penalties are not detailed in the provided text, breaches of statutory declarations or regulations generally may result in penalties as prescribed by the relevant Acts. The consequences for non-compliance could include fines or other legal actions, depending on the severity and nature of the breach.