EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO 170
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 include 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 (the Principal Regulations).
Sub-section 168(3) of the Act provides that regulations for the purpose of the “approved authority” definition made 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.
Sub-regulation 3(1) of the Regulations amends the Principal Regulations to specify the Australian Nuclear Science and Technology organisation as an approved authority for the purposes of the Act. The Australian Atomic Energy Commission was an approved authority for the purposes of the Superannuation Act 1922 on 30 June 1976 and therefore became on 1 July 1976, and has continued to be, an approved authority for the purposes of the Act by virtue of paragraph (b) of the definition of “approved authority” in sub-section 3(1) of the Act. Sub-section 4(1) of the Australian Nuclear Science and Technology Organisation Act 1987 (Act No 3 of 1987 assented to on 13 March 1987) provides for the Australian Atomic Energy Commission to continue in existence as a body corporate, under and subject to the provisions of that Act, under the name Australian Nuclear Science and Technology Organisation. That Act came into operation on 27 April 1987. By sub-regulation 1(1) of the Regulations, sub-regulation 3(1) is deemed to have taken effect from and including 27 April 1987.
Sub-regulation 3(2) of the Regulations amends the Principal Regulations to remove the reference to the Northern Territory Development Corporation. The Corporation ceased to exist with effect from 24 December 1986 as a consequence of the repeal of the Territory Development Act 1978 of the Northern Territory by the Territory Loans Management Corporation Act 1986 of the Northern Territory. By sub-regulation 1(2) of the Regulations, sub-regulation 3(2) is deemed to have taken effect from and including 24 December 1986.
Sub-regulation 3(3). of the Regulations amends the Principal Regulations to remove the reference to the Northern Territory Electricity Commission and sub-regulation 3(4) amends them to specify the Power and Water Authority as an approved authority for the purposes of the Act. The Northern Territory Electricity Commission was specified as an approved authority for the purposes of the Act with effect from 27 September 1979 by amendment of the Principal Regulations by Statutory Rules 1979 No 186. The Northern Territory Electricity Commission ceased to exist with effect from and including 1 July 1987 as a consequence of an amendment to the Electricity Commission Act 1978 of the Northern Territory by the Electricity Commission Amendment Act 1987 of the Northern Territory. The Power and Water Authority Act 1987 of the Northern Territory established the Power and Water Authority to replace the Northern Territory Electricity Commission with effect from and including 1 July 1987. By sub-regulation 1(3) of the Regulations, sub-regulations 3(3) and 3(4) are deemed to have taken effect from and including 1 July 1987.
Sub-regulation 3(5) of the Regulations amends the Principal Regulations to specify the Trade Development Zone Authority as an approved authority for the purposes of the Act. The Authority was established by the Trade Development Zone Act 1985 of the Northern Territory with effect from 25 September 1985. Eligible employees for the purposes of the Act first became employed by the Authority on 1 September 1986. By sub-regulation 1(4) of the Regulations, sub-regulation 3(5) is deemed to have taken effect from and including 1 September 1986.
The Australian Nuclear Science and Technology Organisation, the Power and Water Authority and the Trade Development Zone Authority are bodies of a kind described in the definition of “approved authority” in sub-section 3(1) of the Act.