EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 9
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUBJECT: SUPERANNUATION ACT 1976 - SUPERANNUATION (APPROVED AUTHORITIES) REGULATIONS (AMENDMENT)
Section 168 of the Superannuation Act 1976 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which the Act requires or permits to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act makes provision for and in relation to an occupational superannuation scheme for persons employed by the Commonwealth and for certain other persons.
By virtue of the definitions of “eligible employee”, “permanent employee” and “temporary employee” in sub-section 3(1) of the Act, those eligible to contribute under the Act are officers and employees for the purposes of the Public Service Act 1922, any other persons employed by the Commonwealth and persons employed by an approved authority.
Section 3 defines “approved authority” as:
(a) an authority or other body specified in the regulations as an approved authority for the purposes of the Act, being an authority or body of a kind described in the definition; or
(b) an authority or body that was an approved authority for the purposes of the Superannuation Act 1922 immediately before 1 July 1976, the date of commencement of the Act.
Authorities or bodies that have become approved authorities since 1 July 1976 are specified in the Superannuation (Approved Authorities) Regulations.
Sub-section 168(3) of the Act provides that regulations made for the purposes of the “approved authority” definition after 31 December 1978 may be expressed to have taken effect from and including a day not earlier than twelve months before the making of the regulations.
The Education Amendment Act 1985 of the Northern Territory (the Amendment Act) amended the Education Act 1979 of the Northern Territory with effect from 11 March 1985. Section 12 of the Amendment Act repealed Part VI of the Education Act, which had provided for the Darwin Community College, and also established the Darwin Institute of Technology. The Institute is a body corporate and is empowered to employ staff. Persons who were employees of the Darwin Community College as at 10 March 1985 became employees of the Institute on 11 March 1985 by virtue of section 21 of the Amendment Act. As the Darwin Community College was an approved authority for the purposes of the Act, its staff were entitled to contribute, and to receive benefits, under the Act.
For employees of the Darwin Institute of Technology to be, or continue to be, eligible to contribute, and receive benefits, under the Act it is necessary for the Institute to be specified as an approved authority for the purposes of the Act. The Institute is a body of a kind described in the “approved authority” definition in the Act.
The regulations amend the Superannuation (Approved Authorities) Regulations to specify the Darwin Institute of Technology as an approved authority as provided for by section 3 of the Act.
The regulations are expressed to come into effect on 11 March 1985 the date from which the Institute was established.