Superannuation (CSS) Approved Authority Declaration (Amendment) 1996 No.
173
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 173
Issued by the authority of the Minister for Finance
Superannuation Act 1976
Declaration under paragraph (a) of the definition of "Approved Authority" in subsection 3(1).
The Superannuation Act 1976 (the 1976 Act) makes provision for and in relation to an occupational superannuation scheme, known as the Commonwealth Superannuation Scheme (the CSS), for Commonwealth employees and for certain other persons.
Persons eligible to contribute under the 1976 Act include persons who are employed under the Public Service Act 1922, as well as persons who are employed by an "approved authority". In accordance with paragraph (a) of the definition of "approved authority" in subsection 3(1) of the 1976 Act, an approved authority includes an authority or other body declared by the Minister for Finance to be an approved authority for the purposes of the 1976 Act, being an authority or body of a kind described in the definition. Declarations made under paragraph (a) of the definition of approved authority are contained in the Superannuation (CSS) Approved Authority Declaration (the Principal Declaration).
Section 4A of the 1976 Act provides that such a declaration is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 and a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903 and may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the declaration.
The Sugar Research and Development Corporation (the Corporation) is a body corporate established for a public purpose under the Primary Industries and Energy Research and Development Act 1989.
The Corporation is a body of a kind described in paragraph (a) of the definition of "approved authority" in subsection 3(1) of the 1976 Act. It is appropriate that the Corporation be declared to be an approved authority for the purposes of the 1976 Act to enable employees of the Corporation to remain members or resume membership of the CSS.
The Declaration contained in the Statutory Rule and cited as "Superannuation (CSS) Approved Authority Declaration (Amendment)" amends the Principal Declaration by including the Sugar Research and Development Corporation in the list of bodies declared to be approved authorities for the purposes of the 1976 Act.
The Declaration commenced on 1 July 1996.
Overview
The Superannuation (CSS) Approved Authority Declaration (Amendment) 1996 No. 173, issued under the authority of the Minister for Finance, amends the Superannuation Act 1976. The 1976 Act, which governs the Commonwealth Superannuation Scheme (CSS) for Commonwealth employees and certain other persons, provides for the inclusion of employees of an approved authority. The Act initially defined an approved authority as an entity declared by the Minister for Finance, which includes bodies described in the Act. The amendment to this Act aims to address a gap by formally declaring the Sugar Research and Development Corporation as an approved authority under the Act, allowing its employees to be members or resume membership of the CSS. This amendment was necessary to ensure that employees of the Corporation could continue to participate in the superannuation scheme. The amendment was enacted as a Statutory Rule, effective from 1 July 1996.
Scope and Application
The Superannuation (CSS) Approved Authority Declaration (Amendment) 1996 No. 173 pertains to the Superannuation Act 1976, which establishes the Commonwealth Superannuation Scheme (CSS) for Commonwealth employees and other eligible persons. Specifically, this amendment extends the definition of an "approved authority" to include the Sugar Research and Development Corporation, thus enabling its employees to contribute to or rejoin the CSS. This legislation applies to individuals employed by the Corporation, and the amendment is effective from 1 July 1996. The amendment is a Statutory Rule under the Statutory Rules Publication Act 1903 and is subject to disallowance under the Acts Interpretation Act 1901. The geographic reach of this Act is limited to the Commonwealth, affecting employees of the Corporation who are engaged in public purpose research and development as outlined in the Primary Industries and Energy Research and Development Act 1989.
Key Provisions
The Superannuation (CSS) Approved Authority Declaration (Amendment) 1996 No. 173 (the Amendment) amends the existing Superannuation (CSS) Approved Authority Declaration (the Principal Declaration) to include the Sugar Research and Development Corporation as an approved authority under the Superannuation Act 1976 (the 1976 Act). This amendment is crucial for the purposes of enabling employees of the Corporation to participate in the Commonwealth Superannuation Scheme (CSS). Under subsection 3(1) of the 1976 Act, an approved authority is defined in part by paragraph (a) to include any authority or body declared by the Minister for Finance to be such an approved authority. The amendment incorporates the Corporation into this list, thereby formally recognising its status as an approved authority.
The obligations imposed by this Amendment on the Sugar Research and Development Corporation, once declared as an approved authority, include adhering to the requirements and regulations set forth by the 1976 Act. This involves ensuring that the Corporation's employees who are members of the CSS are entitled to the benefits and protections provided under the Act. It also means that the Corporation must comply with any directives or guidelines issued by the Minister for Finance and other relevant authorities to maintain its status as an approved authority. Additionally, the Corporation must facilitate the proper administration of superannuation contributions for its employees, ensuring that these contributions are handled in accordance with the stipulations of the 1976 Act.
In terms of consequences for breach, the 1976 Act does not explicitly state offences, penalties, or specific consequences for failing to comply with its provisions within the context of the Amendment. However, breaches of the Act in general could potentially lead to civil or criminal penalties, depending on the nature and severity of the breach. Under the broader legislative framework, penalties can range from fines to imprisonment for more serious infractions. For example, under the Crimes Act 1914, offences involving fraud or dishonest conduct in relation to superannuation could attract significant penalties, including substantial fines and imprisonment. It is important for the Corporation to ensure strict adherence to the Act's requirements to avoid any potential legal repercussions.