EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 78
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 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 (the date of commencement of the Act) are specified in the Superannuation (Approved Authorities) Regulations.
Sub-section 5(1) of the Australian Broadcasting Corporation Act 1983 provides for the Australian Broadcasting Commission to be renamed the Australian Broadcasting Corporation. The sub-section is to come into operation on a proclaimed date.
The Australian Broadcasting Commission was an “approved authority” for the purposes of the Superannuation Act 1976 by virtue of sub-section 4(1) of the Superannuation Act 1922 and sub-section 3(1) of the Superannuation Act 1976. In order that employees of the new Corporation may continue to be eligible to contribute for, and receive, benefits under the Act, it was necessary for the Australian Broadcasting Corporation to be specified as an “approved authority”.
The regulations amend the Superannuation (Approved Authorities) Regulations to specify the Australian Broadcasting Corporation as an “approved authority” as provided for by section 3 of the Act.
The regulations are expressed to come into effect on 1 July 1983, the date on which sub-section 5(1) of the Australian Broadcasting Corporation Act 1983 is to come into operation.