Overview

The Superannuation (CSS) Approved Authority Amendment Declaration 2008 (No. 1) was introduced by the Minister for Superannuation and Corporate Law, acting on behalf of the Minister for Finance and Deregulation, to address a gap resulting from the establishment of Screen Australia by the Screen Australia Act 2008. This Act created Screen Australia through the merger of the Australian Film Commission, Film Australia Limited, and the Film Finance Corporation, effective from 1 July 2008. To ensure that employees of these merged entities could continue or recommence their membership in the Commonwealth Superannuation Scheme (CSS) under the Superannuation Act 1976, it was necessary to declare Screen Australia as an approved authority. This amendment to the Superannuation (CSS) Approved Authority Declaration 1995 includes Screen Australia in the list of bodies recognised as approved authorities under the 1976 Act, facilitating the seamless transition of employees into the new entity while maintaining their superannuation benefits. The Declaration is a legislative instrument under the Legislative Instruments Act 2003 and commences on 1 July 2008.

Scope and Application

The Superannuation (CSS) Approved Authority Amendment Declaration 2008 (No. 1) amends the existing Superannuation (CSS) Approved Authority Declaration 1995 by adding Screen Australia to the list of bodies recognised as approved authorities for the purposes of the Superannuation Act 1976. This amendment allows employees of Screen Australia, established under the Screen Australia Act 2008, to participate in the Commonwealth Superannuation Scheme. This Act applies to employees of the Australian Film Commission, Film Australia Limited, and the Film Finance Corporation, who will transition to become employees of Screen Australia. The amendment ensures continuity of superannuation membership for these employees. The Declaration, which is a legislative instrument under the Legislative Instruments Act 2003, came into effect on 1 July 2008. The amendment is of a minor or machinery nature, and while the Department of the Environment, Water, Heritage and the Arts and the three merging entities were consulted, no broader consultation was required.

Key Provisions

The main operative sections of the Superannuation (CSS) Approved Authority Amendment Declaration 2008 (No. 1) include the amendments to the existing Superannuation (CSS) Approved Authority Declaration 1995. Specifically, Clause 3 of the Declaration amends clause 4 of the Principal Declaration by including Screen Australia in the list of bodies that are declared as approved authorities for the purposes of the Superannuation Act 1976 (1976 Act). This amendment ensures that employees of Screen Australia, formed by the merger of the Australian Film Commission, Film Australia Limited, and the Film Finance Corporation, are eligible to be members of the Commonwealth Superannuation Scheme (CSS). The Declaration commences on 1 July 2008, as stated in Clause 2. The Declaration imposes specific obligations on the entities affected by it. Firstly, it mandates that employees of the Australian Film Commission, Film Australia Limited, and the Film Finance Corporation, who become employees of Screen Australia, can continue or recommence their membership of the CSS. Secondly, it requires that Screen Australia, as a newly declared approved authority, adheres to the provisions of the 1976 Act and any other relevant legislation governing the CSS. Furthermore, the Department of the Environment, Water, Heritage and the Arts, as a consulted body, must ensure that the transition of employees from the former authorities to Screen Australia is managed in compliance with the requirements of the 1976 Act. The Declaration itself does not explicitly outline offences, penalties, or consequences for breach. However, the 1976 Act, under which the Declaration operates, may impose civil or criminal penalties for non-compliance with its provisions. For instance, breaches of the 1976 Act could result in fines or imprisonment, depending on the nature and severity of the breach. The specific penalties are outlined in the 1976 Act and could include pecuniary penalties for corporations or individuals found in breach of the Act’s provisions. Additionally, authorised officers may take enforcement actions as permitted under the Act to ensure compliance with its requirements.