EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 372
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. Persons eligible to contribute under the Act are referred to in the Act as “eligible employees”.
By virtue of the definitions of “eligible employee”, “permanent employee” and “temporary employee” in sub-section 3(1) of the Act, the term “eligible employee” includes 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.
Sub-section 3(1) 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.
Sub-section 168(3) of the Act 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.
In 1981 the Council of the University of New South Wales resolved to establish and maintain a University College in the Australian Capital Territory in association with the Australian Defence Force Academy. An agreement to this effect between the Commonwealth and the University of New South Wales was signed on 7 May 1981.
Employees of the College who, immediately before becoming so employed were officers of the Australian Public Service, are eligible to contribute for, and receive benefits under, the Act by virtue of paragraph (ea) of the definition of “eligible employee” in sub-section 3(1), and section 14A, of the Act and of the application to them of the provisions of Part IV of the Public Service Act 1922.
Since 1 January 1986 the College has also employed, and is likely to employ in the future, persons who immediately before becoming so employed were not officers of the Australian Public Service. It is intended that those who were, or are, eligible employees immediately before becoming employed by the College be able to remain eligible employees while employed by the College. To achieve this it was necessary to amend that Superannuation (Approved Authorities) Regulations to specify the College as an approved authority for the purposes of the Act with effect from 1 January 1986.
It is also intended that those who were, or are, not eligible employees immediately before becoming employed by the College be excluded from being eligible employees while employed by the College. However, as a consequence of the specification of the College as an approved authority with effect from 1 January 1986, such persons would become eligible employees from the date they commenced employment with the College. Related amendments to the Superannuation (Eligible Employees) Regulations therefore exclude from remaining, or becoming, eligible employees those employees of the College who were not eligible employees immediately before becoming so employed.
The Regulations amend the Superannuation (Approved Authorities) Regulations to specify the University College, being the college established by the University of New South Wales within the Australian Defence Force Academy, as an “approved authority” as provided for by section 3 of the Act and are expressed to have come into effect on 1 January 1986.