Overview

The Superannuation (CSS) Approved Authority Amendment Declaration 2009 (No. 1) is a legislative instrument that amends the list of approved authorities under the Superannuation Act 1976. Enacted by the Minister for Superannuation and Corporate Law on behalf of the Minister for Finance and Deregulation, this Declaration specifically addresses the issue of updating the list of entities eligible to participate in the Commonwealth Superannuation Scheme. The primary objective of this amendment is to reflect the organisational changes within the public sector, particularly the merger of Health Services Australia Limited with Medibank Private Limited, ensuring that only entities that meet the criteria for approved authorities remain eligible. This amendment ensures the integrity and applicability of the superannuation arrangements under the 1976 Act by excluding entities that no longer meet the criteria post-merger. The Declaration is effective from 1 April 2009 and aligns with the legislative framework established by the Legislative Instruments Act 2003.

Scope and Application

The Superannuation Act 1976 governs the Commonwealth Superannuation Scheme (CSS) for Australian Government employees and certain other individuals. The Act applies to persons employed by an "approved authority," a term defined in subsection 3(1) of the Act to include any authority or body declared by the Minister to be an approved authority. The Superannuation (CSS) Approved Authority Declaration 1995 lists bodies that have been declared as approved authorities for the purposes of the Act. The Superannuation (CSS) Approved Authority Amendment Declaration 2009 (No. 1) amends the Principal Declaration by removing Health Services Australia Limited from the list of approved authorities, effective from 1 April 2009. This amendment follows a merger arrangement where Health Services Australia Limited will become a wholly owned subsidiary of Medibank Private Limited, which is not an approved authority under the Act. The superannuation arrangements for existing Health Services Australia Limited employees remain unaffected, with employees retaining their CSS membership as per the Superannuation (CSS) (Eligible Employees — Inclusion) Amendment Declaration 2009 (No. 1). The Declaration is a legislative instrument under the Legislative Instruments Act 2003 and came into effect on 1 April 2009.

Key Provisions

The Superannuation (CSS) Approved Authority Amendment Declaration 2009 (No. 1) (Section 1) provides a formal name for the amendment to the list of approved authorities under the Superannuation Act 1976. This amendment is set to commence on 1 April 2009 (Section 2). The primary operative section of this Declaration is Section 3, which specifically amends the Superannuation (CSS) Approved Authority Declaration 1995 by removing Health Services Australia Limited from the list of approved authorities for the purposes of the Act. The obligations and requirements imposed by this Declaration concern the cessation of Health Services Australia Limited's status as an approved authority under the Superannuation Act 1976. This amendment is necessary following a merger arrangement whereby Health Services Australia Limited will become a wholly owned subsidiary of Medibank Private Limited as of 1 April 2009. Medibank Private Limited is not recognised as an approved authority under the Act, hence the need for this amendment to ensure continuity in the recognition of eligible authorities. Employees of Health Services Australia Limited who are already members of the Commonwealth Superannuation Scheme (CSS) will not be affected by this change and will retain their CSS membership as per the Superannuation (CSS) (Eligible Employees — Inclusion) Amendment Declaration 2009 (No. 1). There are no direct offences, penalties, or civil/criminal consequences specified for breaches of this Declaration. The amendment primarily serves to align the list of approved authorities with the current corporate structure and does not introduce new regulatory obligations or penalties. However, any failure to comply with the Act’s requirements for approved authorities could potentially lead to broader implications under the Superannuation Act 1976, including sanctions for non-compliance with superannuation obligations. The Declaration itself ensures that the transition following the merger is smooth and legally compliant, safeguarding the superannuation interests of the affected employees.