EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 190
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 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.
Sub-section 168(3) of the Act provides that regulations made for the purpose 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 Northern Territory Tourist Commission is a body corporate established by the Northern Territory Tourist Commission Act 1979. Until 19 September 1984 the staff of the Commission were Northern Territory Public Servants and were entitled to contribute, and receive benefits, under the Act because the body politic known as the “Northern Territory of Australia” is an approved authority for the purposes of the Act. Since that date however the Commission has employed its staff directly and many of the public servants engaged in its work have transferred to the direct employment of the Commission.
The Health Services Ordinance 1985 of the ACT amended, with effect from 19 February 1985, the Health Commission Ordinance 1975 of the ACT and replaced the Capital Territory Health Commission established under that Ordinance with the Australian Capital Territory Health Authority. Staff of the Commission as at 18 February 1985 were transferred to the employment of the Authority on 19 February 1985. As the Capital Territory Health Commission 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 Northern Territory Tourist Commission and the Australian Capital Territory Health Authority to be, or continue to be, eligible to contribute, and receive benefits, under the Act, it is necessary for the Commission and the Authority to be specified as approved authorities for the purposes of the Act. The Commission and the Authority are bodies of a kind described in the approved authority definition in the Act.
The regulations amend the Superannuation (Approved Authorities) Regulations to specify the Northern Territory Tourist Commission and the Australian Capital Territory Health Authority as approved authorities as provided for by section 3 of the Act.
The regulations are expressed to come into effect on 20 September 1984 in the case of the Northern Territory Tourist Commission and 19 February 1985 in the case of the Australian Capital Territory Health Authority, the date from which those bodies commenced to employ staff.