EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 356
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 sub-section 3(1) of the Act, 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.
Sub-section 168(3) 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 twelve months before the making of the regulations.
Section 4 of the University College of the Northern Territory Act 1985 of the Northern Territory provides for the establishment of the University College of the Northern Territory as a body corporate. Section 23 provides for the employment of staff by the College. Section 45 repeals the Northern Territory University (Interim Arrangements) Act 1980 and thus abolishes the University Planning Authority. Section 45 also provides for the existing staff of the University Planning Authority to become employees of the University College. All of these provisions came into operation on 16 December 1985.
Section 4 of the Menzies School of Health Research Act 1985 of the Northern Territory provides for the establishment of the Menzies School of Health Research as a body corporate. Section 33 provides for the employment of staff by the School. Prior to the date of commencement of these provisions the Menzies School of Health Research existed by virtue of an Instrument made under the University (Interim Arrangements) Act. Section 43 of the Menzies School of Health Research Act provides for the existing staff of the School to remain employees of the School established under that Act. The provisions of that Act also came into operation on 16 December 1985.
As the University Planning Authority was an approved authority for the purposes of the Superannuation Act 1976, the staff of the University Planning Authority and the Menzies School as established prior to 16 December 1985, were entitled to contribute, and receive benefits, under the Act. For employees of the University College and the Menzies School to continue to be so entitled it is necessary for the College and the School to be specified as approved authorities for the purposes of the Act. The College and the School are bodies of a kind described in the “approved authority” definition in the Act.
It is appropriate for the reference to the University Planning Authority in the existing Regulations to be removed with effect from 16 December 1985.
The regulations amend the Superannuation (Approved Authorities) Regulations by specifying the University College of the Northern Territory and the Menzies School of Health Research as approved authorities as provided for by section 3 of the Act, and by removing the reference to the University Planning Authority.
The regulations are expressed to come into effect on 16 December 1985, the date from which the University College and Menzies School were established under their respective Acts and from which the University Planning Authority was abolished.