EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 59
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE SUPERANNUATION ACT 1976 - SUPERANNUATION (APPROVED AUTHORITIES) REGULATIONS (AMENDMENT)
LEGISLATIVE BASIS OF THE REGULATIONS
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 12 months before the making of the regulations.
THE MILK AUTHORITY OF THE AUSTRALIAN CAPITAL TERRITORY AND THE CANBERRA SHOWGROUND TRUST
The Milk Authority of the Australian Capital Territory was established by section 6 of the Milk Authority Ordinance 1971 and the Canberra Showground Trust was established by section 3 of the Canberra Showground Trust Ordinance 1976. By virtue of amendments made to these Ordinances by the Commonwealth Functions (Statutes Review) Act 1981, the Authority and the Trust have been empowered to
employ staff in their own right since 14 December 1981. Prior to that date the staff of the two bodies were employed under the Public Service Act 1922.
It is intended that employees of the Authority and the Trust be, or continue to be, eligible to contribute for, and receive, benefits under the Act. The Authority and the Trust are both bodies of a kind described in the definition of “approved authority” in the Act.
CONTENT OF THE REGULATIONS
The regulations amended the Superannuation (Approved Authorities) Regulations to include the Milk Authority of the Australian Capital Territory and the Canberra Showground Trust as “approved authorities” for the purposes of the Act. The regulations took effect from 14 December 1981, the date from which the Authority and the Trust were empowered to engage staff in their own right.