EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 78
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1976 - SUPERANNUATION (APPROVED AUTHORITIES)
REGULATIONS (AMENDMENT)
LEGISLATIVE BASIS OF THE REGULATION
The Superannuation Act 1976 (the Act) makes provision for, and in relation to, an occupational superannuation scheme for persons employed by the Commonwealth, and for certain other persons.
Section 168 of 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.
By virtue of the definitions of “eligible employee”, “permanent employee” and “temporary employee” in the interpretation provision of the Act (section 3), 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.
UNIVERSITY PLANNING AUTHORITY
The University Planning Authority of the Northern Territory was established by section 8 of the University (Interim Arrangements) Act 1980 of the Northern Territory. In accordance with section 13 of that Act, the staff of the Authority may comprise -
(a) persons employed under the Northern Territory Public Service Act 1976; and
(b) persons employed direct by the Authority.
Since the body politic named the Northern Territory of Australia is itself an “approved authority” for the purposes of the Act, those members of the staff of the Authority who are employed under the Northern Territory Public Service Act are eligible to contribute for, and receive, benefits under the Act, It is appropriate that those employed direct by the Authority also be eligible to contribute. To achieve this it is necessary for the Authority to be specified as an “approved authority” for the purposes of the Act. The Authority is a body of a kind described in the “approved authority” definition in the Act.
CONTENT OF THE REGULATION
The Statutory Rule amended the Superannuation (Approved Authorities) Regulations to include the Authority as an “approved authority” for the purposes of the Act.