EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO, 304
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUBJECT: 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 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.
Authorities or bodies that have become approved authorities since 1 July 1976 are specified in the Superannuation (Approved Authorities) Regulations.
Section 168 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.
In accordance with sub-section 5(1) of the Territory Development Act 1978 of the Northern Territory, a body corporate known as the “Northern Territory Development Corporation” was established on 1 July 1978.
Until 8 August 1984, the staff of the Corporation were members of the Northern Territory Public Service and were entitled to contribute, and receive benefits, under the Act because the body politic named the “Northern Territory of Australia” is an approved authority for the purposes of the Act. With effect from 9 August 1984, however, the staff of the Corporation ceased to be members of the Northern Territory Public Service and became employed by the Corporation itself. For them to continue to be eligible to contribute, and receive benefits, under the Act, it is necessary for the Corporation to be specified as an approved authority for the purposes of the Act. The Corporation is a body of a kind described in the approved authority definition in the Act.
The regulations amend the Superannuation (Approved Authorities) Regulations to specify the Northern Territory Development Corporation as an approved authority as provided for by section 3 of the Act.
The amending regulations are expressed to have come into effect on 9 August 1984, the date on which the Corporation’s new staffing arrangements took effect.