EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 305
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 subsection 3(1) of the Act, those required or eligible to contribute under the Act include 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 of the Act 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 (the Principal Regulations).
Subsection 168(3) of the Act provides that regulations for the purposes 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 Postal Services Amendment Act 1988 amends the Postal Services Act 1975 and provides for the Australian Postal Commission to be preserved and to continue in existence under the name of the Australian Postal Corporation. The Telecommunications Amendment Act 1988 amends the Telecommunications Act 1975 and provides for the Australian Telecommunications Commission to be preserved and to continue in existence under the name of the Australian Telecommunications Corporation. The two Corporations were established with effect from 1 January 1989.
Both the Australian Postal Commission and the Australian Telecommunications Commission are approved authorities for the purposes of the Act. The Australian Postal Corporation and Australian Telecommunications Corporation have their own staffing powers and are bodies of a kind described in the definition of approved authority in subsection 3(1) of the Act. It is appropriate that the Corporations be specified as approved authorities to enable their staff to become, or to remain, eligible to contribute under the Act.
Regulation 2 of the Regulations amends the Principal Regulations to specify the Australian Postal Corporation and the Australian Telecommunications Corporation as approved authorities for the purposes of the Act.
By regulation 1 of the Regulations, regulation 2 shall be taken to have commenced on the date of establishment of the Corporations, 1 January 1989.
Overview
The Superannuation (Approved Authorities) Regulations (Amendment) issued under the authority of the Minister for Finance in 1989 address a legislative gap in the Superannuation Act 1976, which was to ensure that the newly established Australian Postal Corporation and Australian Telecommunications Corporation were recognised as approved authorities for superannuation purposes. This amendment was necessary as the two corporations were established to replace the Australian Postal Commission and the Australian Telecommunications Commission, respectively, from 1 January 1989. By specifying these corporations as approved authorities, the amendment aimed to maintain the eligibility of their employees to contribute to the superannuation scheme as defined under the Act. The policy objective of the regulation was to provide a smooth transition for the employees of these corporations into the approved authority framework, ensuring continuity in their superannuation eligibility.
Scope and Application
The Superannuation Act 1976 provides for an occupational superannuation scheme for persons employed by the Commonwealth and certain other individuals, including officers and employees defined under the Public Service Act 1922, any other Commonwealth employees, and those employed by an approved authority. The Act also encompasses authorities or bodies that were approved authorities for the purposes of the Superannuation Act 1922 prior to 1 July 1976. Approved authorities as defined in the Act include those specified in regulations as well as those that were approved authorities immediately before the commencement of the Act on 1 July 1976. The Superannuation (Approved Authorities) Regulations specify which authorities or bodies have become approved authorities since this date. The Act’s reach is extended through regulations made under Section 168, which can specify matters necessary for carrying out the Act and can take effect from a date not earlier than twelve months before their making. The Superannuation (Approved Authorities) Regulations (Amendment) specifies the Australian Postal Corporation and the Australian Telecommunications Corporation as approved authorities, enabling their staff to contribute to the superannuation scheme, with these regulations taking effect from 1 January 1989.
Key Provisions
The Superannuation (Approved Authorities) Regulations (Amendment) Statutory Rules 1989 No. 305, issued under the authority of the Minister for Finance, modify the Superannuation Act 1976 (the Act). The main operative sections of these regulations pertain to the definition and identification of approved authorities. Section 3 of the Act defines an approved authority as an entity specified in the regulations or an entity that was an approved authority for the purposes of the Superannuation Act 1922 prior to 1 July 1976. Regulation 2 of the amended regulations specifies the Australian Postal Corporation and the Australian Telecommunications Corporation as approved authorities. This specification enables the staff of these entities to contribute to the occupational superannuation scheme under the Act. Regulation 1 ensures that these amendments take effect from 1 January 1989, the date of establishment of the Corporations.
The Act imposes specific obligations and requirements on the parties and entities it governs. Firstly, the Act requires that certain employees, including officers and employees under the Public Service Act 1922, as well as those employed by the Commonwealth or an approved authority, contribute to the superannuation scheme. Approved authorities, as defined and specified in the regulations, must comply with these requirements to ensure their employees' eligibility. Furthermore, these approved authorities must adhere to any additional conditions or guidelines set forth by the regulations to maintain their status and the eligibility of their staff under the scheme.
The regulations do not explicitly outline specific offences, penalties, or consequences for breach within the text provided. However, it is inherent in the framework of the Superannuation Act 1976 that non-compliance with the requirements for contributions or the identification of approved authorities could lead to legal consequences. Typically, breaches of such legislative provisions might result in financial penalties, enforcement actions, or other remedies to ensure compliance and the integrity of the superannuation scheme. The maximum penalties for such breaches would be consistent with those specified elsewhere in the Act or related legislation, though they are not detailed in the provided text.