EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 329
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUBJECT: SUPERANNUATION ACT 1976
SUPERANNUATION (APPROVED AUTHORITIES) REGULATIONS (AMENDMENT)
Section 168 of the Superannuation Act 1976 (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.
The Act makes provision for and in relation to an occupational superannuation scheme for persons employed by the Commonwealth and for certain other persons.
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.
Subregulation 3(1) of the Regulations amends the Principal Regulations to specify the Horticultural Research and Development Corporation as an approved authority for the purposes of the Act. The Corporation was established by the Horticultural Research and Development Corporation Act 1987 with effect from 1 August 1988. By subregulation 1(1) of the Regulations, subregulation 3(1) is deemed to have taken effect from and including 1 August 1988.
Paragraph 3(2)(a) of the Regulations amends the Principal Regulations to remove the references to the University College of the Northern Territory and the Darwin Institute of Technology. The University College will cease to exist with effect from 1 January 1989 as a consequence of the repeal of the University College of the Northern Territory Act 1985 of the Northern Territory by the Northern Territory University Act 1988 of the Northern Territory. The Institute of Technology will also cease to exist with effect from 1 January 1989 as a consequence of the repeal of the Advanced Education and Darwin Institute of Technology Act 1985 of the Northern Territory by the Northern Territory University Act 1988 of the Northern Territory. By subregulation 1(2) of the Regulations, paragraph 3(2) (a) commences on 1 January 1989.
Paragraph 3(2) (b) of the Regulations amends the Principal Regulations to specify the Northern Territory University as an approved authority for the purposes of the Act. The University will be established under the Northern Territory University Act 1988 of the Northern Territory with effect from 1 January 1989. The University replaces the University College of the Northern Territory and the Darwin Institute of Technology which are approved authorities for the purposes of the Act. Certain staff of the University College and the Institute of Technology will become employees of the University on or after 1 January 1989. By subregulation 1(2) of the Regulations, paragraph 3(2) (b) commences on 1 January 1989.
The Northern Territory University and the Horticultural Research and Development Corporation are bodies of a kind described in the definition of “approved authority” in subsection 3(1) of the Act. The Regulations enable staff of these bodies to remain, or become, eligible employees for the purposes of the Act.