Superannuation (CSS) Approved Authority Amendment Declaration 2004 (No. 1)

Overview

The Superannuation (CSS) Approved Authority Amendment Declaration 2004 (No. 1) was enacted in 2004 and serves to address the problem of ensuring that employees of newly established statutory authorities have access to the Commonwealth Superannuation Scheme (CSS). This piece of legislation amends the existing Superannuation (CSS) Approved Authority Declaration 1995 to include Tourism Australia as an approved authority under the Superannuation Act 1976. The enactment was authorised by the Minister for Finance and Administration, aligning with the overarching policy objective of providing consistent superannuation benefits to eligible employees across various authorities. The Declaration ensures that employees of Tourism Australia, which encompasses the functions of several former tourism-related entities, can retain or recommence membership of the CSS. This amendment reflects the policy intention to maintain continuity in superannuation arrangements as statutory authorities undergo structural changes.

Scope and Application

The Superannuation (CSS) Approved Authority Amendment Declaration 2004 (No. 1) pertains to the Superannuation Act 1976, which governs the Commonwealth Superannuation Scheme (CSS) for Australian Government employees and certain other persons. The Act applies to individuals employed under the Public Service Act 1999 and those working for an "approved authority" as defined in the Superannuation Act 1976. The Amendment Declaration, made under the authority of the Minister for Finance and Administration, specifically amends the list of approved authorities by including Tourism Australia, thereby allowing its employees to participate in the CSS. The Amendment Declaration also renames and renumbers sections of the original Superannuation (CSS) Approved Authority Declaration 1995, and it came into effect on 1 July 2004, the same date Tourism Australia was established under the Tourism Australia Act 2004. The application of the Amendment Declaration extends to the Commonwealth level and is subject to disallowance under the Acts Interpretation Act 1901.

Key Provisions

The Superannuation (CSS) Approved Authority Amendment Declaration 2004 (No. 1) amends the list of approved authorities under the Superannuation Act 1976 (the 1976 Act). Specifically, section 1 of the Declaration renames the Principal Declaration as the Superannuation (CSS) Approved Authority Declaration 1995 and renumbers the second section of the Principal Declaration as section 5 (sections 1 and 2). Furthermore, section 3 of the Declaration includes Tourism Australia in the list of bodies declared by the Minister for Finance and Administration to be approved authorities for the purposes of the 1976 Act (section 3). This amendment ensures that employees of Tourism Australia can either retain or recommence membership in the Commonwealth Superannuation Scheme (CSS). The Declaration commences on 1 July 2004, the date on which Tourism Australia was established (section 4). The Act imposes several obligations on the parties it governs. Firstly, the Minister for Finance and Administration is required to declare authorities or bodies as approved authorities for the purposes of the 1976 Act if they are of a kind described in the definition of "approved authority" in subsection 3(1) of the Act. This includes ensuring that the declaration is made in accordance with the legislative requirements, including the disallowance provisions under section 46A of the Acts Interpretation Act 1901 and the statutory rule provisions under the Statutory Rules Publication Act 1903. Additionally, the approved authorities themselves must comply with the requirements of the 1976 Act, including the obligations to contribute to and manage the superannuation funds of their employees. Failure to comply with the provisions of the 1976 Act and the related declarations can result in various civil or criminal consequences. For instance, if the Minister for Finance and Administration fails to make a declaration when required, this could lead to employees losing their eligibility for the CSS, which could have significant financial implications. In terms of penalties, the 1976 Act does not specify maximum penalties for breaches directly within the Act itself. However, general provisions under the Acts Interpretation Act 1901 and other related legislation may apply, which could include fines or imprisonment for serious breaches. It is essential for the Minister and approved authorities to adhere to the legislative requirements to avoid these potential consequences.