EXPLANATORY STATEMENT
STATUTORY RULES 1989 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 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).
The Australian Capital Territory will be established as a body politic under the Crown in accordance with section 7 of the Australian Capital Territory (Self-Government) Act 1988 on a day to be fixed by proclamation.
Section 54 of the Australian Capital Territory (Self-Government) Act 1988 provides that there shall be a public service for the conduct of the public administration of the Government of the Territory. Section 21 of the ACT Self-Government (Consequential Provisions) Act 1975 provides that, until the Legislative Assembly of the Australian Capital Territory otherwise legislates, persons required for the conduct of the public administration of the Government of the Territory shall be persons appointed or employed under the Public Service Act 1922. Such persons will continue to be required or eligible to contribute under the Act.
Regulation 2 of the Regulations amends the Principal Regulations to specify the Australian. Capital Territory as an approved authority for the purposes of the Act. Prescription of the Australian Capital Territory as an approved authority enables those employees of the Territory who are not employed under the Public Service Act 1922 or by a Territory body that is an approved authority to become or remain contributors under the Act.
By regulation 1, regulation 2 will operate on and from the date on which section 7 of the Australian Capital Territory (Self-Government) Act 1988 comes into operation.