Superannuation (Approved Authorities) Regulations (Amendment)

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EXPLANATORY STATEMENT

STATUTORY RULES 1988 NO 273

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.

Section 3 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).

Subsection 168(3) of the Act 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 twelve months before the making of the regulations.


Paragraph 2(1)(a) of the Regulations amends the Principal Regulations to specify the Australian Capital Territory Electricity and Water Authority as an approved authority for the purposes of the Act. The Authority was established by the Electricity and Water Ordinance 1988 of the Australian Capital Territory with effect from 1 July 1988. The Authority replaces the ACT Electricity Authority which was an approved authority for the purposes of the Act as well as taking over certain functions of the ACT Administration. Staff of the ACT Electricity Authority and certain Australian Public Service staff were transferred to the Authority. By subregulation 1(1) of the Regulations, paragraphs 2(1)(a) is deemed to have taken effect from and including 1 July 1988.

Paragraph 2(1)(b) of the Regulations amends the Principal Regulations to specify Film Australia Pty. Limited as an approved authority for the purposes of the Act. Film Australia Pty. Limited is a wholly Commonwealth-owned company established to take over the film-making function of the Australian Film Commission. The Australian Film Commission is an approved authority for the purposes of the Act. Certain staff of the Australian Film Commission who were eligible employees for the purposes of the Act were transferred to Film Australia Pty. Limited on 1 July 1988. By subregulation 1(1) of the Regulations, paragraph 2(1)(b) is deemed to have taken effect from and including 1 July 1988.

Subregulation 2(2) of the Regulations amends the Principal Regulations to specify Coselco Mimotopes Pty. Ltd. as an approved authority for the purposes of the Act. Coselco Mimotopes Pty. Ltd. is a wholly owned and controlled subsidiary company of the Commonwealth Serum Laboratories Commission which is an approved authority for the purposes of the Act. The Company will be partially staffed by the transfer of Commission staff who are eligible employees for the purposes of the Act. The Company commenced to employ staff on 11 July 1888 and by subregulation 1(2) of the Regulations, subregulation 2(2) is deemed to have taken effect from and including 11 July 1988.

Coselco Mimotopes Pty. Ltd., Film Australia Pty. Limited and the Australian Capital Territory Electricity and Water Authority are bodies of a kind described in the definition of “approved authority” in subsection 3(1) of the Act. The Regulations enable staff of these bodies to remain, or become, eligible employees for the purposes of the Act.

Overview

The Superannuation (Approved Authorities) Regulations (Amendment) 2004 were enacted by the Minister for Finance, as authorised by the Superannuation Act 1976. This legislation was introduced to address the need to update the list of approved authorities eligible for superannuation schemes under the Act, ensuring that new entities formed or transferred responsibilities are included in the scheme. The Superannuation Act 1976 aims to provide for an occupational superannuation scheme for Commonwealth employees and other eligible persons. By amending the existing regulations, the 2004 Amendment ensures that new entities such as the Australian Capital Territory Electricity and Water Authority, Film Australia Pty. Limited, and Coselco Mimotopes Pty. Ltd. are recognised as approved authorities, thereby extending the superannuation benefits to their respective staff. This aligns with the policy objective of the Act to maintain a consistent and comprehensive framework for superannuation coverage among eligible employees of Commonwealth-related entities.

Scope and Application

The Superannuation (Approved Authorities) Regulations (Amendment) Statutory Rules 1988 No. 273, issued under the authority of the Minister for Finance, amends the Superannuation (Approved Authorities) Regulations to include new entities as approved authorities for the purposes of the Superannuation Act 1976. The Act itself governs the establishment and operation of occupational superannuation schemes for persons employed by the Commonwealth and certain other persons, including those employed by approved authorities. Approved authorities are defined in the Act as bodies specified in the regulations or those that were approved authorities under the Superannuation Act 1922 prior to the commencement of the current Act. The amendment to the regulations adds the Australian Capital Territory Electricity and Water Authority, Film Australia Pty. Limited, and Coselco Mimotopes Pty. Ltd. as approved authorities, ensuring that staff of these entities remain eligible to contribute to a superannuation scheme under the Act. This amendment ensures continuity and compliance with the superannuation requirements for employees transitioning to these new entities.

Key Provisions

The key operative sections of these Statutory Rules involve amendments to the Superannuation (Approved Authorities) Regulations, as authorised under section 168 of the Superannuation Act 1976 (the Act). These amendments, outlined in paragraphs 2(1)(a), 2(1)(b) and 2(2), specify three new approved authorities: the Australian Capital Territory Electricity and Water Authority, Film Australia Pty. Limited, and Coselco Mimotopes Pty. Ltd. These amendments ensure that the staff of these entities are included as eligible employees for superannuation purposes under the Act. The Superannuation Act 1976 imposes specific obligations on the parties it governs. Employers of eligible employees, including those of the newly specified approved authorities, are required to make superannuation contributions on behalf of their employees in accordance with the Act. These contributions are mandated for officers and employees under the Public Service Act 1922, other Commonwealth employees, and those employed by approved authorities. The approved authorities themselves must ensure compliance with the Act's requirements, including the timely and accurate reporting of employee details and superannuation contributions. Under the Superannuation Act 1976, there are various potential consequences for breaches of the Act. For example, employers who fail to make the required superannuation contributions can be subject to financial penalties. The Act provides for civil and criminal penalties, including fines and imprisonment, for serious breaches. The maximum penalties for non-compliance with the Act are set out in the legislation and can vary depending on the nature and severity of the breach. For instance, failure to pay superannuation contributions can result in fines of up to $11,100 per offence for individuals and $55,500 for corporations, with additional penalties for ongoing non-compliance. Criminal penalties may include imprisonment for up to five years for serious or repeated offences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.