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.
Overview
The Superannuation (Approved Authorities) Regulations (Amendment) 1983, issued under the authority of the Minister for Finance, were introduced to address the need for continuity in superannuation benefits eligibility following the renaming of the Australian Broadcasting Commission to the Australian Broadcasting Corporation. Enacted in 1983, these regulations amend the existing Superannuation (Approved Authorities) Regulations to ensure that the new Corporation is recognised as an approved authority under the Superannuation Act 1976. This amendment maintains the eligibility of employees to contribute to and receive benefits from the occupational superannuation scheme, thereby addressing a legislative gap that would have otherwise arisen from the name change. The policy objective of these regulations is to ensure seamless continuation of superannuation coverage for the employees of the renamed entity, thus preserving their rights and benefits under the Act.
Scope and Application
The Superannuation Act 1976 provides for the establishment and operation of an occupational superannuation scheme, primarily for persons employed by the Commonwealth, as well as certain other persons. Eligible contributors under the Act include officers and employees as defined in the Public Service Act 1922, other Commonwealth employees, and employees of entities designated as "approved authorities" under the Act. The term "approved authority" is defined in the Act and includes authorities or bodies specified in the regulations or those that were designated under the Superannuation Act 1922 prior to 1 July 1976. The Superannuation (Approved Authorities) Regulations, which are amendable under the Act, specify which authorities or bodies qualify as approved authorities. Notably, these regulations have been amended to include the Australian Broadcasting Corporation as an approved authority, effective from 1 July 1983, aligning with the renaming of the Australian Broadcasting Commission as per the Australian Broadcasting Corporation Act 1983. The Act’s application is national, covering all approved authorities and their employees, and it may be further extended or modified by subordinate instruments.
Key Provisions
The Superannuation (Approved Authorities) Regulations (Amendment) 2004 specify certain entities as “approved authorities” for the purposes of the Superannuation Act 1976, which governs occupational superannuation schemes for Commonwealth employees and certain other persons. The Act’s main operative sections, particularly Section 3, define who qualifies as an eligible employee, including officers and employees under the Public Service Act 1922, other Commonwealth employees, and those employed by an approved authority. The approved authorities are entities specified in the regulations as such or those that were deemed approved authorities under the Superannuation Act 1922 prior to 1 July 1976. This amendment to the regulations is significant because it ensures continuity in superannuation eligibility for employees of the Australian Broadcasting Corporation (ABC), which was formerly known as the Australian Broadcasting Commission.
The obligations imposed by these regulations primarily concern the identification and specification of approved authorities. The Act requires that any authority or body wishing to be considered an approved authority under the Act must be explicitly listed in the regulations. This is particularly relevant for entities such as the ABC, which underwent a name change. By specifying the ABC as an approved authority, the regulations ensure that its employees remain eligible for superannuation benefits under the Act. This specification also extends to any new authorities or bodies that wish to become approved authorities, requiring them to be explicitly named in the regulations to maintain their eligibility.
Breaching the requirements set out in the Superannuation (Approved Authorities) Regulations can lead to civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, it is understood that non-compliance with superannuation laws can result in substantial fines and potential imprisonment. The penalties serve as a deterrent against non-compliance and ensure that the provisions of the Act are adhered to, protecting the rights of employees to receive their superannuation benefits. The regulations aim to maintain the integrity of the superannuation system by clearly defining who is eligible and ensuring that all parties comply with the specified requirements.