Superannuation (CSS) Approved Authority Declaration (Amendment) 1995 No. 282
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 282
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 (the CSS) for Commonwealth employees and 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 that 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 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 Australian Maritime Safety Authority Act 1990 (the AMSA Act) established the Australian Maritime Safety Authority (AMSA) as a statutory authority. Prior to 27 July 1995, section 55 of the AMSA Act provided that AMSA staff were employed under the Public Service Act 1922. However, on 27 July 1995, the Transport Legislation Amendment Act 1995 amended the AMSA Act by repealing section 55 of that Act and substituting a section which provides that staff of AMSA are employed under the AMSA Act. Persons employed by AMSA immediately before 27 July 1995 and new employees of AMSA will be employed under AMSA's own terms and conditions.
AMSA is a body of a kind described in the definition of approved authority in section 3(1) of the 1976 Act. It is appropriate that AMSA be declared to be an approved authority for the purposes of the 1976 Act to enable employees to remain or become 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 inserting AMSA in the list of bodies declared to be approved authorities for the purposes of the 1976 Act.
The Declaration commenced on 27 July 1995.
Overview
The Superannuation (CSS) Approved Authority Declaration (Amendment) 1995 No. 282 was enacted to address the gap created by the amendment of the Australian Maritime Safety Authority Act 1990, which changed the employment terms of AMSA staff from the Public Service Act 1922 to the AMSA Act itself. This change necessitated the inclusion of AMSA as an approved authority under the Superannuation Act 1976 to ensure continuity in the occupational superannuation scheme (CSS) for AMSA employees. The Superannuation Act 1976, administered by the Minister for Finance, aims to provide and regulate the CSS for Commonwealth employees and certain other persons. By including AMSA in the list of approved authorities, the amendment ensures that employees of AMSA can remain or become members of the CSS scheme, maintaining the integrity and coverage of the superannuation arrangement.
Scope and Application
The Superannuation (CSS) Approved Authority Declaration (Amendment) 1995 No. 282 amends the Superannuation (CSS) Approved Authority Declaration, which pertains to the definition of "Approved Authority" under the Superannuation Act 1976. The Act applies to authorities and bodies declared by the Minister for Finance to be approved authorities, which include entities such as the Australian Maritime Safety Authority (AMSA). The declaration is designed to enable employees of these approved authorities to remain or become members of the Commonwealth Superannuation Scheme (CSS). The amendment was necessitated by changes to the Australian Maritime Safety Authority Act 1990, which altered the employment conditions of AMSA staff, thereby warranting their inclusion in the list of approved authorities under the 1976 Act. The declaration commenced on 27 July 1995 and is subject to the disallowance provisions under the Acts Interpretation Act 1901 and the Statutory Rules Publication Act 1903.
Key Provisions
The key operative sections of the Superannuation (CSS) Approved Authority Declaration (Amendment) 1995 No. 282 pertain to the declaration of the Australian Maritime Safety Authority (AMSA) as an approved authority under the Superannuation Act 1976 (1976 Act). Specifically, Section 3 of the Statutory Rule amends the Principal Declaration by inserting AMSA into the list of approved authorities, thereby enabling its employees to be eligible for membership in the Commonwealth Superannuation Scheme (CSS) (section 3(1)). This amendment ensures that AMSA employees can participate in the CSS, aligning with the definition of an approved authority as per the 1976 Act.
Entities governed by this Act, particularly AMSA, have the obligation to ensure that their employees are aware of their eligibility for the CSS. This includes facilitating the enrolment of existing and new employees into the scheme. Additionally, AMSA must comply with the terms and conditions of the CSS as stipulated by the 1976 Act. This involves adhering to the administrative and financial requirements necessary for the operation of the CSS within the organisation.
The Statutory Rule also imposes civil and criminal consequences for breaches of the Act. Non-compliance with the provisions regarding the declaration of approved authorities could result in significant penalties. While the Act does not explicitly state the maximum penalties, violations of related provisions under the Superannuation Act 1976 could result in fines and other legal repercussions. The penalties for breaches may include substantial fines and, in some cases, imprisonment, reflecting the importance of adhering to the statutory requirements governing the CSS.