EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 60
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 subsection 3(1) of the Act, those required or 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.
Subsection 3(1) of the Act 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).
The Australian National Airlines Commission (the Commission) is an approved authority for the purposes of the Act by virtue of paragraph (b) of the definition of “approved authority” in subsection 3(1) of the Act. Section 15 of the Australian Airlines (Conversion to Public Company) Act 1988 (Act No 6 of 1988) (the Airlines Act) provides for the Commission to be deemed to be a company registered under subsection 86(2) of the Companies Act 1981. The body corporate that was known as the Australian National Airlines Commission immediately before the commencement of section 15 of the Airlines Act
continues in existence under the name Australian Airlines Limited. In accordance with subsection 2(2) of the Airlines Act, section 15 is to come into operation on a day to be fixed by proclamation. Section 29 of the Airlines Act provides that each person who is a staff member of the Commission immediately before the deemed registration of the company will continue to be employed on the same terms and conditions.
Subsection 60(2) of the Airlines Act provides that the Company will be an approved authority only if it is specified in regulations as mentioned in paragraph (a) of the definition of “approved authority” in subsection 3(1) of the Act. It is appropriate that the Company be specified as an approved authority so that those staff referred to in section 29 of the Airlines Act who are eligible employees and certain new staff of the Company will be eligible to contribute under the Act. The Company is a body of a kind described in the definition of “approved authority” in subsection 3(1) of the Act.
Only those persons who are:
(a) employees of the Commission and are eligible employees or entitled to an invalidity pension under the Act or the Superannuation Act 1922 immediately before the deemed incorporation of the Company; or
(b) new employees of the Company who are entitled to an invalidity pension under the Act or the Superannuation Act 1922 immediately before becoming so employed or are persons to whom Division 2 or 3 of Part IV of Public Service Act 1922 applies
are to be eligible to contribute under the Act. These amendments and related amendments to the Superannuation (Eligible Employees) Regulations achieve this result.
Regulation 2 of the Regulations amends the Principal Regulations to specify Australian Airlines Limited as an approved authority for the purposes of the Act. By regulations of the Regulations, regulation 2 operates on and from the date on which section 15 of the Australian Airlines (Conversion to Public Company) Act 1988 comes into operation.