Superannuation (CSS) Approved Authority Declaration (Amendment) 1996 No.
155
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 155
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 Private Health Insurance Complaints Commissioner (the Commissioner) is incorporated by the National Health Act 1953 and the functions of the Commissioner include dealing with complaints from the public concerning private health benefits funds.
The Australia Foundation for Culture and the Humanities (the Foundation) is a body incorporated as a wholly Commonwealth owned company under the Corporations Law of the Australian Capital Territory as a public company. The Foundation was developed from the Australia Council to stimulate increased private sector support for the arts. The functions of the Foundation include administering projects and programs to develop culture and the humanities in Australia.
The Commissioner and the Foundation are bodies 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 they be declared to be approved authorities for the purposes of the 1976 Act to enable employees to remain members of the CSS scheme.
The Declaration contained in the Statutory Rule and cited as "Superannuation (CSS) Approved Authority Declaration (Amendment)" amends the Principal Declaration by including the Commissioner and the Foundation in the list of bodies declared to be approved authorities for the purposes of the 1976 Act.
Subclause 3.1 of the Declaration which declares the Commissioner as an approved authority commenced on 1 January 1996 and subclause 3.2 of the Declaration which declares the Foundation as an approved authority commenced on 16 January 1996.
Overview
The Superannuation (CSS) Approved Authority Declaration (Amendment) 1996 No. 155, issued under the authority of the Minister for Finance, amends the Superannuation Act 1976 to address the need for expanding the list of approved authorities eligible to participate in the Commonwealth Superannuation Scheme (CSS). The 1976 Act provides for an occupational superannuation scheme for Commonwealth employees and those employed by approved authorities. The amendment declares the Private Health Insurance Complaints Commissioner and the Australia Foundation for Culture and the Humanities as approved authorities, allowing their employees to contribute to and remain members of the CSS. This amendment is intended to align with the broader policy objective of enhancing the inclusivity and scope of the CSS, ensuring that employees of these bodies can benefit from the superannuation scheme. The changes were implemented as Statutory Rules, with the declaration for the Commissioner effective from 1 January 1996 and for the Foundation from 16 January 1996.
Scope and Application
The Superannuation (CSS) Approved Authority Declaration (Amendment) 1996 No. 155 amends the existing Superannuation (CSS) Approved Authority Declaration under the Superannuation Act 1976 to include the Private Health Insurance Complaints Commissioner and the Australia Foundation for Culture and the Humanities as approved authorities for the purposes of the Act. This amendment allows employees of these entities to remain members of the Commonwealth Superannuation Scheme. The Act applies to persons employed by entities that are declared as approved authorities under the Act, which currently includes authorities or bodies declared by the Minister for Finance. The amendment extends the scope of the Act to include the Commissioner and the Foundation, thereby broadening the range of employers and employees covered by the Act. The amendment has a national jurisdictional reach, as the Superannuation Act 1976 operates across Australia. There are no stated exclusions, exemptions, or thresholds in this particular amendment, and the application of the Act is not extended or restricted through subordinate instruments in this instance.
Key Provisions
The key provisions of the Superannuation (CSS) Approved Authority Declaration (Amendment) 1996 No. 155 involve amending the list of approved authorities under the Superannuation Act 1976 (the 1976 Act). The amendment, detailed in subclauses 3.1 and 3.2, includes the Private Health Insurance Complaints Commissioner and the Australia Foundation for Culture and the Humanities as approved authorities (subsections 3(1) and 4A). This amendment enables employees of these entities to remain members of the Commonwealth Superannuation Scheme (CSS), which is an occupational superannuation scheme for Commonwealth employees and certain other persons. These changes, effective from 1 January 1996 for the Commissioner and 16 January 1996 for the Foundation, are part of the Superannuation (CSS) Approved Authority Declaration (the Principal Declaration).
The Act imposes specific obligations on the newly declared approved authorities. These entities must adhere to the regulations and requirements outlined in the 1976 Act to maintain their status as approved authorities. This includes ensuring that their employees are eligible to contribute to the CSS scheme and that the scheme operates in compliance with the Act's provisions. Both the Commissioner and the Foundation must ensure that their employees who are members of the CSS are properly registered and that contributions are made in accordance with the scheme’s rules.
Breaching the obligations set forth by the Act can lead to civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, it is known that declarations under the Act are disallowable instruments, which means they can be reviewed and potentially disallowed by Parliament. Failure to comply with the Act's requirements could result in legal action against the entities, potentially leading to fines or other penalties as prescribed by law. The Act’s provisions ensure that approved authorities are held accountable for maintaining the integrity and operation of the CSS scheme.