Superannuation (CSS) Approved Authority Declaration No. 14 1993 No. 122
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 122
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 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.
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 National Training Authority was established on 21 December 1992 by the Australian National Training Authority Act 1992. The Fisheries Research and Development Corporation was established on 2 July 1991 under the Primary Industries and Energy Research and Development Act 1989. The Authority and the Corporation are bodies of a kind described in the definition of approved authority in subsection 3 (1) of the 1976 Act.
The National Registration Authority for Agricultural and Veterinary Chemicals is to be established by the Agricultural and Veterinary Chemicals (Administration) Act 1992 which will commence on a day to be fixed by proclamation (likely to be mid June) or 6 months and one day after 24 December 1992 (the date of Royal Assent). It will be a body of a kind described in the definition of approved authority in subsection 3 (1) of the 1976 Act.
It is appropriate that the three bodies be declared to be approved authorities for the purposes of the 1976 Act to enable their employees to remain or become members of the CSS.
The declaration contained in the Statutory Rule, and cited as Superannuation (CSS) Approved Authority Declaration No 14, declares the Australian National Training Authority and the Fisheries Research and Development Corporation to be approved authorities for the purposes of the 1976 Act with retrospective effect from 1 March 1993 and declares the National Registration Authority for Agricultural and Veterinary Chemicals to be an approved authority for the purposes of the 1976 Act with effect from the commencement of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
Overview
The Superannuation Act 1976 was enacted to provide for an occupational superannuation scheme known as the Commonwealth Superannuation Scheme (CSS) for Commonwealth employees and certain other persons. To address the need for including more eligible entities within the scheme, Superannuation (CSS) Approved Authority Declaration No. 14 was introduced by the Minister for Finance, pursuant to subsection 3(1) of the 1976 Act. This Statutory Rule declares the Australian National Training Authority, the Fisheries Research and Development Corporation, and the National Registration Authority for Agricultural and Veterinary Chemicals as approved authorities for the purposes of the Act, thus enabling their employees to participate in the CSS. The policy objective is to ensure that employees of these specified authorities are eligible to contribute to and benefit from the scheme, thereby extending the scope of the CSS to cover more government-affiliated bodies.
Scope and Application
The Superannuation (CSS) Approved Authority Declaration No 14, made under the Superannuation Act 1976, designates the Australian National Training Authority, the Fisheries Research and Development Corporation, and the National Registration Authority for Agricultural and Veterinary Chemicals as approved authorities for the purposes of the Act. This declaration ensures that employees of these bodies are eligible to participate in the Commonwealth Superannuation Scheme (CSS). The Australian National Training Authority and the Fisheries Research and Development Corporation are declared as approved authorities with retrospective effect from 1 March 1993, allowing their employees to remain or become members of the CSS. The National Registration Authority for Agricultural and Veterinary Chemicals is declared as an approved authority from the commencement of the Agricultural and Veterinary Chemicals (Administration) Act 1992, which is expected to be mid-June or six months and one day after 24 December 1992. This declaration is a statutory rule and a disallowable instrument, taking effect from specified dates as per the Statutory Rules Publication Act 1903 and the Acts Interpretation Act 1901, respectively.
Key Provisions
The Superannuation (CSS) Approved Authority Declaration No. 14 1993 No. 122 is a statutory rule that declares certain authorities to be approved authorities for the purposes of the Superannuation Act 1976 (1976 Act). This declaration allows employees of the Australian National Training Authority, the Fisheries Research and Development Corporation, and the National Registration Authority for Agricultural and Veterinary Chemicals to be eligible for the Commonwealth Superannuation Scheme (CSS) (section 4A). The Australian National Training Authority and the Fisheries Research and Development Corporation are declared approved authorities with retrospective effect from 1 March 1993, while the National Registration Authority for Agricultural and Veterinary Chemicals is declared an approved authority from the commencement of the Agricultural and Veterinary Chemicals (Administration) Act 1992.
The Act imposes certain obligations on these authorities. They must ensure that their employees who are members of the CSS are properly registered and that contributions are made in accordance with the requirements of the 1976 Act. Additionally, the authorities are required to maintain records and provide information to the Commissioner of Taxation as necessary for the administration of the CSS. The Act also provides that the declaration is a disallowable instrument under the Acts Interpretation Act 1901 and a Statutory Rule under the Statutory Rules Publication Act 1903.
Failure to comply with the provisions of the 1976 Act or the obligations imposed by the declaration may result in various consequences. Depending on the nature and severity of the breach, the authorities or their officers may be subject to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties may include imprisonment, depending on the specific breach and the jurisdiction in which it occurs. The maximum penalties for contraventions of the Superannuation Act 1976 can vary widely, but generally include fines up to several thousand Australian dollars for individual offenders and higher for corporate offenders, alongside potential imprisonment terms for serious or repeated breaches. It is important for the authorities to adhere strictly to the requirements of the Act to avoid these penalties.