EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 283
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1976 - SUPERANNUATION (APPROVED AUTHORITIES) REGULATIONS (AMENDMENT)
LEGISLATIVE BASIS OF THE REGULATIONS
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.
Section 168 provides that regulations made after 31 December 1978 for the purposes of the definition of “approved authority” may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the regulations.
Authorities or bodies that have become “approved authorities” since 1 July 1976 (the date of commencement of the Act) are specified in the Superannuation (Approved Authorities) Regulations.
THE NATIONAL EXHIBITION CENTRE TRUST
By virtue of section 6 of the National Exhibition Centre Trust Ordinance 1982, the Canberra Showground Trust was renamed the National Exhibition Centre Trust with effect from 1 July 1982.
The Canberra Showground Trust was an “approved authority” for the purposes of the Act. In order that employees of the new Trust might continue to be eligible to contribute for, and receive, benefits under the Act, it was necessary for the National Exhibition Centre Trust to be specified as an “approved authority”.
CONTENT OF THE REGULATIONS
The regulations amended the Superannuation (Approved Authorities) Regulations to specify the National Exhibition Centre Trust as an “approved authority” as provided for by section 3 of the Act.
The regulations are expressed to have come into operation on 1 July 1982, the date on which the change of name took place.