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.
Overview
The Superannuation (Approved Authorities) Regulations (Amendment) 1982 was enacted to address the need for continuity in superannuation eligibility following a change in the name of an approved authority. The Superannuation Act 1976 was established to provide an occupational superannuation scheme for Commonwealth employees and other eligible persons. The Act allows the Governor-General to make regulations necessary for carrying out the Act, including specifying "approved authorities" eligible for the scheme. The 1982 amendment was necessary when the Canberra Showground Trust was renamed the National Exhibition Centre Trust, ensuring that employees of the renamed trust could continue to be eligible for superannuation benefits under the Act. The policy objective of these regulations was to maintain the integrity of the superannuation scheme by ensuring that approved authorities, despite changes in name or structure, continue to qualify for the scheme, thereby providing a stable and consistent retirement benefit system for affected employees.
Scope and Application
The Superannuation (Approved Authorities) Regulations, as amended by Statutory Rules 1982 No. 283, extend the application of the Superannuation Act 1976 to include the National Exhibition Centre Trust as an approved authority. The Act originally applied to officers and employees of the Commonwealth, persons employed by the Commonwealth, and those employed by authorities or bodies specified in the regulations as approved authorities. The amendment, which took effect from 1 July 1982, ensures that employees of the National Exhibition Centre Trust, which was renamed from the Canberra Showground Trust under the National Exhibition Centre Trust Ordinance 1982, continue to be eligible to contribute to and receive benefits under the Act. This amendment demonstrates the Act’s flexibility in incorporating new entities into its scope while maintaining the eligibility criteria for superannuation benefits. The regulations were made under the authority of section 168 of the Superannuation Act 1976, allowing for the prescription of necessary or convenient matters to implement the Act.
Key Provisions
The primary sections of these regulations (Superannuation (Approved Authorities) Regulations (Amendment)) focus on amending the list of approved authorities under section 3 of the Superannuation Act 1976. The regulations, as amended, specify the National Exhibition Centre Trust as an "approved authority" (section 6). This designation ensures that employees of the Trust are eligible to contribute to and receive benefits from the occupational superannuation scheme provided by the Act. The amendment reflects the renaming of the Canberra Showground Trust to the National Exhibition Centre Trust, effective 1 July 1982, and aligns the Trust with the eligibility criteria under the Act.
The Act imposes obligations on the National Exhibition Centre Trust, now an approved authority, to administer and manage the superannuation scheme for its employees in accordance with the provisions of the Superannuation Act 1976. This includes ensuring that eligible employees are enrolled in the scheme, that contributions are made on their behalf, and that benefits are accurately calculated and paid. The Trust must also maintain records and reports as required by the Act and comply with any additional regulations or directives issued by the relevant authorities.
Failure to comply with the requirements of the Superannuation Act 1976 or the regulations can result in various consequences. For example, the Act may impose civil penalties for non-compliance, such as fines, or require the payment of unpaid contributions and interest. Additionally, the Act may provide for the recovery of any superannuation benefits that were improperly paid or withheld. In cases of serious or repeated non-compliance, the Act may also provide for criminal penalties, including imprisonment. The specific penalties are outlined in the relevant sections of the Act and may vary depending on the nature and severity of the breach.