Superannuation (Continuing Contributions for Benefits) Regulations (Amendment)

Overview

The Superannuation (Continuing Contributions for Benefits) Regulations (Amendment) 1992 No. 213 was introduced to amend existing regulations under the Superannuation Act 1976. This Act provides for an occupational superannuation scheme for certain Commonwealth employees and other individuals. The amendment was approved in Council on 12 December 1991 and aimed to address the technical issues arising from the transfer of Repatriation Institutions to the States, ensuring the superannuation provisions for the staff of these institutions are appropriately updated and aligned with the legislative changes. These amendments were designed to correct references and specify accurate commencement dates to ensure seamless implementation as the first repatriation institution transitions on 1 July 1992. The regulations do not alter the substantive provisions but ensure the regulatory framework is accurate and functional for the intended legislative changes.

Scope and Application

The Superannuation (Continuing Contributions for Benefits) Regulations (Amendment) 1992 No. 213 amends the Superannuation (Continuing Contributions for Benefits) Regulations to provide updated provisions concerning superannuation options for staff of Repatriation Institutions when these institutions transfer to the states. This amendment ensures that the superannuation provisions are correctly implemented when the first repatriation institution transfers on 1 July 1992. The Act applies to Commonwealth employees and other persons as specified under the Superannuation Act 1976, which provides for occupational superannuation schemes. The jurisdictional reach of the Act is national, extending to all states and territories within Australia. The amendment does not alter the substantive provisions established by Statutory Rule 1991/446 but makes technical adjustments to the title reference of the Repatriation Institutions (Transfer) Act 1992 and the commencement date of the regulations. The amendments are designed to maintain the integrity and applicability of the superannuation provisions in the context of institutional transfers.

Key Provisions

The Superannuation (Continuing Contributions for Benefits) Regulations (Amendment) 1992 No. 213 primarily focuses on adjusting the commencement date and correcting a legislative reference in the existing regulations concerning superannuation for staff of Repatriation Institutions. Regulation 1 sets the commencement date of the amendments as 1 July 1992, and Regulation 2 identifies the specific regulations being amended, namely, the Superannuation (Continuing Contributions for Benefits) Regulations. Regulation 3 rectifies the title reference within the regulations to align with the amended title of the Repatriation Institutions (Transfer) Act 1992. Finally, Regulation 4 modifies the commencement date previously set in Statutory Rule 1991/446, ensuring the regulations are effectively aligned with the legislative changes. The amendments impose specific obligations on relevant parties, ensuring the correct application of superannuation provisions to staff affected by the transfer of Repatriation Institutions to the States. This includes ensuring that the correct legal references are used within the regulations and that the amendments commence on the specified date of 1 July 1992. These changes are necessary to provide clarity and continuity in the superannuation entitlements of the affected staff. There are no direct offences or penalties specified within these regulations themselves. However, any failure to comply with the amended regulations could potentially lead to non-compliance with the broader Superannuation Act 1976, which may result in civil or criminal consequences depending on the nature and severity of the breach. The Act itself provides for various penalties, including fines, for non-compliance with its provisions. It is important for those governed by these regulations to ensure adherence to the specified amendments to avoid any potential legal repercussions.