EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 120
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 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 purposes 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.
The Principal Regulations are amended as a consequence of the merger of the Australian Institute of Sport and the Australian Sports Commission which is provided for in the Australian Sports Commission Act 1989.
Paragraph 2(a) of the Regulations amends the Principal Regulations to remove the reference to the Australian Institute of Sport. The Institute was specified as an approved authority for the purposes of the Act with effect from 19 February 1981 and ceased to exist as a body corporate on the repeal of the Australian Institute of Sport Act 1986 by the Australian Sports Commission Act 1989.
Paragraph 2(b) of the Regulations amends the Principal Regulations to specify the Australian Sports Commission as an approved authority for the purposes of the Act. The Australian Sports Commission Act 1989 established a body known as the Australian Sports Commission by the merger of the existing Australian Sports Commission and the Australian Institute of Sport with effect from 1 May 1989.
The new Commission has its own staffing powers and is a body of a kind described in the definition of “approved authority” in subsection 3(1) of the Act, Staff of the old Commission and of the Institute have become staff of the Commission. It is appropriate that the Australian Sports Commision be specified as an approved authority to enable its staff to become or remain eligible to contribute under the Act.
By regulation 1 of the Regulations, regulation 2 shall be deemed to have taken effect from and including 1 May 1989.