Superannuation (CSS) Approved Authority Declaration (Amendment) 1995 No. 228
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 228
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 Commonwealth Superannuation Scheme (the CSS), for certain, Commonwealth employees and other persons including employees of approved authorities. Persons eligible to contribute to the CSS are referred to in the 1976 Act as eligible employees.
Since 1 July 1990, the Public Sector Superannuation Scheme (the PSS), provided for under the Superannuation Act 1990, has replaced the CSS. For new employees, membership of the CSS is available only to limited classes of persons who have existing rights, including in respect of former membership of the scheme.
Persons eligible to contribute under the 1976 Act include certain persons employed by an approved authority. In accordance with paragraph (a) of the definition of "approved authority" in subsection 3(1), 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.
The review of air regulation and safety resulted in the commencement, on 6 July 1995, of the Civil Aviation Legislation Amendment Act 1995 (the CALA Act) (which amends the Civil Aviation Act 1988) and the Air Services Act 1995 (the AA Act). The CALA Act abolishes the Civil Aviation Authority (CAA) and provides for the establishment of the Civil Aviation Safety Authority (CASA). The AA Act provides for the establishment of Airservices Australia (AA).
CAA was an approved authority for the purposes of the CSS and certain CAA staff were CSS members.
CASA and AA are bodies of a kind described in the definition of "approved authority" in subsection 3(1) of the 1976 Act. It is appropriate that CASA and AA be declared to be approved authorities for the purposes of the 1976 Act. Approved authority status enables CSS members, who are transferred from CAA to either of the new bodies, to remain members of the scheme. Certain new employees who have existing rights from former membership of the scheme may also become members 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 AA and CASA in, and omitting CAA from, the fist of bodies declared to be approved authorities for the purposes of the 1976 Act.
The Declaration commenced on 6 July 1995.
Overview
The Superannuation (CSS) Approved Authority Declaration (Amendment) 1995 No. 228 was enacted to address the changes in the regulatory landscape for civil aviation in Australia. This amendment was introduced to reflect the legislative changes that abolished the Civil Aviation Authority (CAA) and established the Civil Aviation Safety Authority (CASA) and Airservices Australia (AA) under the Civil Aviation Legislation Amendment Act 1995 and the Air Services Act 1995 respectively. The objective of this Statutory Rule, issued by the Minister for Finance under the authority of the Superannuation Act 1976, is to update the list of approved authorities for the Commonwealth Superannuation Scheme (CSS) by declaring CASA and AA as approved authorities, while removing CAA from the list. This ensures that employees transferring from CAA to either CASA or AA can remain members of the CSS, and that certain new employees with existing rights can join the scheme. The amendment was designed to maintain continuity for CSS members amidst the restructuring of the civil aviation regulatory bodies.
Scope and Application
The Superannuation (CSS) Approved Authority Declaration (Amendment) 1995 No. 228 amends the Superannuation (CSS) Approved Authority Declaration, altering the list of bodies recognised as approved authorities under the Superannuation Act 1976. This Act applies to certain employees of approved authorities, specifically those who are eligible to contribute to the Commonwealth Superannuation Scheme (CSS). The legislation specifically addresses the transition from the Civil Aviation Authority (CAA) to the Civil Aviation Safety Authority (CASA) and Airservices Australia (AA), ensuring continuity for employees transferring from the former to the latter entities. The amendment reflects changes in the regulatory framework as a result of the Civil Aviation Legislation Amendment Act 1995 and the Air Services Act 1995. The amendment commenced on 6 July 1995, and includes CASA and AA as approved authorities while removing CAA from the list. This change allows CSS members transferred from CAA to either CASA or AA to maintain their membership status, and also allows certain new employees with existing rights from former CSS membership to join the scheme. The Act is a Statutory Rule under the Statutory Rules Publication Act 1903 and is subject to disallowance under the Acts Interpretation Act 1901.
Key Provisions
The primary operative sections of this legislation pertain to the amendment of the Superannuation (CSS) Approved Authority Declaration, specifically under the Superannuation Act 1976 (section 4A). This section allows the Minister for Finance to declare certain authorities or bodies as approved authorities for the purposes of the Act, which are described in subsection 3(1). The amendment, encapsulated in Statutory Rules 1995 No. 228, involves the addition of the Civil Aviation Safety Authority (CASA) and Airservices Australia (AA) as approved authorities, while removing the Civil Aviation Authority (CAA) from the list. This change is intended to ensure that the Commonwealth Superannuation Scheme (CSS) can continue to be administered to eligible employees of these new entities, maintaining the integrity and continuity of the scheme as mandated by the Act.
In terms of obligations, the Act imposes a requirement on the Minister for Finance to make declarations under subsection 3(1) of the 1976 Act. This involves the formal recognition of certain authorities or bodies as approved authorities, thereby allowing them to participate in the CSS. The entities that are declared as approved authorities must comply with the terms and conditions of the CSS as outlined in the Superannuation Act 1976. Additionally, the Act mandates that any changes to the list of approved authorities must be formally declared and published in accordance with the Statutory Rules Publication Act 1903, ensuring transparency and legal validity of such declarations.
Offences under this Act are primarily related to the failure to comply with the declared provisions regarding approved authorities. Any entity that operates without the status of an approved authority, as per the declaration, may be deemed to be in breach of the Act. The consequences of such breaches may include civil penalties or legal actions taken against the non-compliant entity. The specific penalties for breaches are not detailed in the text provided but can be significant, given the importance of maintaining the integrity of the CSS and ensuring compliance with the legislative framework governing it. The penalties may include financial fines or other sanctions as prescribed by law, reflecting the seriousness of non-compliance with the superannuation regulations.