EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 342
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 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.
The Fire Service Act 1983 of the Northern Territory (the Territory Act) provides for, inter alia, the establishment of a body known as the Fire Service of the Northern Territory. The Territory Act came into operation on 28 October 1983.
Section 18 of the Territory Act enables persons to be appointed as members of the Fire Service. Members of the Fire Service were members of the Northern Territory Public Service prior to the enactment of the Territory Act and were entitled to contribute to, and receive benefits under, the Act because the body politic named the Northern Territory of Australia is itself an “approved authority”. In order for employees of the Fire Service of the Northern Territory to continue to be contributors under the Act, it is necessary for the Service to be specified as an “approved authority”. The Service 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 Fire Service of the Northern Territory as an “approved authority” as provided for by section 3 of the Act.
The amending regulations are expressed to come into effect on 28 October 1983, the date of commencement of the Fire Service Act 1983 of the Northern Territory.