EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 326
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1976 - SUPERANNUATION (APPROVED AUTHORITIES) REGULATIONS (AMENDMENT)
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.
Section 168 of the Act also 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 12 months before the making of the regulations.
Section 8 of the Pork Promotion Act 1975 provides, inter alia, for the establishment of a body corporate known as the Pork Promotion Committee (the Committee). By virtue of section 14A of the Pork Promotion Act 1975 the Committee may appoint officers and engage staff under terms and conditions of employment approved by the Public Service Board. The Committee also engages promotional staff on a contract basis.
The Pig Meat Legislation Amendment Act 1984 (Act No 56, Assented to 25 June 1984), changed the name of the Committee from the Pig Meat Promotion Committee to the Pork Promotion Committee.
In order for persons employed or engaged by the Committee to contribute under the Act, it is necessary for the Committee to be specified as an “approved authority”. The Committee is a body of a kind described in the “approved authority” definition of the Act.
The regulations amend the Superannuation (Approved Authorities) Regulations to specify the Pork Promotion Committee as an “approved authority” as provided for by section 3 of the Act.
The amending regulations are expressed to come into effect on 1 July 1984, being the date of commencement of the Pig Meat Legislation Amendment Act 1984.
Overview
The Superannuation (Approved Authorities) Regulations (Amendment) 1984 was enacted to address the need for the Pork Promotion Committee to be specified as an approved authority under the Superannuation Act 1976, thereby allowing its employees to participate in the occupational superannuation scheme. This regulatory amendment was issued by the authority of the Minister for Finance, in accordance with the powers vested in the Governor-General by section 168 of the Superannuation Act 1976. The policy objective is to ensure that all eligible employees, including those engaged by the Pork Promotion Committee, have access to the benefits of the Commonwealth's occupational superannuation scheme. This amendment to the existing regulations follows the renaming of the Pig Meat Promotion Committee to the Pork Promotion Committee by the Pig Meat Legislation Amendment Act 1984.
Scope and Application
The Superannuation Act 1976 governs occupational superannuation for persons employed by the Commonwealth, and certain other individuals, providing a framework for the establishment and operation of superannuation schemes. As per section 3 of the Act, eligible contributors include officers and employees under the Public Service Act 1922, other Commonwealth employees, and those employed by an "approved authority". An "approved authority" is defined as either an entity specified in the regulations or an entity that was recognised under the Superannuation Act 1922 prior to 1 July 1976. The Act allows for the specification of additional approved authorities through regulations, with any such regulations potentially taking effect up to 12 months after their creation. The Superannuation (Approved Authorities) Regulations (Amendment) 1984 specifically designate the Pork Promotion Committee, established under the Pork Promotion Act 1975, as an approved authority. This amendment ensures that employees and contractors of the Pork Promotion Committee are eligible to contribute to a superannuation scheme under the Act, effective from 1 July 1984, the commencement date of the Pig Meat Legislation Amendment Act 1984.
Key Provisions
The main operative sections of this piece of legislation are sections 168 of the Superannuation Act 1976 and the regulations amending the Superannuation (Approved Authorities) Regulations. Section 168 of the Act provides the framework for the Governor-General to make regulations related to the Act, while the amending regulations specify the Pork Promotion Committee as an "approved authority" under section 3 of the Act. These provisions are necessary to allow the Pork Promotion Committee to participate in the occupational superannuation scheme.
The Act imposes specific obligations on the parties it governs. Primarily, the Act requires that any body or authority wishing to be an approved authority for superannuation purposes must be specified as such in the regulations. This ensures that only designated bodies can engage in the scheme, maintaining the integrity and purpose of the occupational superannuation system. Additionally, any regulations made under section 168 must not be inconsistent with the Act and must be expressed to take effect from a date that is not earlier than 12 months before the making of the regulations.
The Superannuation (Approved Authorities) Regulations, as amended, detail the Pork Promotion Committee as an approved authority, allowing its employees and staff to contribute to the superannuation scheme. This amendment is necessary to align the Committee's employment practices with the requirements of the Superannuation Act 1976.
There are no specific offences or penalties outlined in this legislation for failing to comply with the requirements to specify an approved authority. However, any non-compliance with the Superannuation Act 1976 or its regulations could potentially lead to administrative or legal consequences, as the Act provides for enforcement mechanisms. For example, failure to comply with the Act might result in the revocation of the approved authority status, which could affect the ability of employees to contribute to the superannuation scheme. While specific penalties are not detailed in the regulations, any breaches of the Act could result in civil or administrative penalties as prescribed by other provisions of the Superannuation Act 1976.