Superannuation (CSS) Approved Authority Declaration No. 15 1994 No. 31
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 31
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.
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 Special Broadcasting Service Act 1991 established the Special Broadcasting Service (SBS) as a statutory authority (replacing the provisions governing its operations contained in the Broadcasting Act 1942). SBS staff are presently employed under the Public Service Act 1922 but after the proclamation of section 54 of the Special Broadcasting Service Act 1991 the SBS will commence engaging employees under it's own terms and conditions. Existing employees will be transferred from employment under the Public Service Act 1922 to employment under the SBS' own terms and conditions. Section 54 is to commence on a date to be proclaimed (expected to be 24 March 1994).
The SBS 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 the SBS 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 No. 15, declares the Special Broadcasting Service to be an approved authority for the purposes of the 1976 Act with effect from the date of commencement of Section 54 of the Special Broadcasting Service Act 1991.
Overview
The Superannuation (CSS) Approved Authority Declaration No. 15, issued under the Superannuation Act 1976, aims to address the gap in superannuation scheme eligibility for employees transitioning from the Public Service Act 1922 to the Special Broadcasting Service (SBS). This Statutory Rule, enacted by the Minister for Finance, was necessitated by the establishment of the SBS under the Special Broadcasting Service Act 1991, which introduced new employment terms and conditions. The policy objective of this declaration is to ensure that SBS employees remain eligible to participate in the Commonwealth Superannuation Scheme by recognising the SBS as an approved authority for the purposes of the Superannuation Act 1976. This aligns with the broader goal of maintaining consistent superannuation coverage for public sector employees as their employment arrangements evolve.
Scope and Application
The Superannuation (CSS) Approved Authority Declaration No. 15, which is a statutory rule made under the Superannuation Act 1976, serves to declare the Special Broadcasting Service (SBS) as an approved authority for the purposes of the Act. This declaration ensures that employees of the SBS can be eligible to contribute to the Commonwealth Superannuation Scheme (CSS) once they transition from being employed under the Public Service Act 1922 to the terms and conditions set out by the SBS, which is expected to occur on 24 March 1994. The declaration aligns with the definition of "approved authority" in the 1976 Act and facilitates the continuity of superannuation scheme membership for SBS employees. The declaration is applicable from the commencement of Section 54 of the Special Broadcasting Service Act 1991, thereby formalising the SBS as an approved authority within the scope of the 1976 Act.
Key Provisions
The Superannuation (CSS) Approved Authority Declaration No. 15 1994 No. 31, issued under the authority of the Minister for Finance, is a statutory rule that declares the Special Broadcasting Service (SBS) to be an approved authority under the Superannuation Act 1976. This declaration, effective from the commencement date of Section 54 of the Special Broadcasting Service Act 1991, ensures that the SBS is recognised as an approved authority for the purposes of the Superannuation Act 1976, allowing its employees to remain or become members of the Commonwealth Superannuation Scheme (CSS). This is particularly significant as it facilitates the transition of SBS employees from the Public Service Act 1922 to employment under the SBS' own terms and conditions.
The declaration imposes certain obligations on the SBS as an approved authority under the Superannuation Act 1976. These obligations include ensuring that employees are eligible to contribute to the CSS, managing the collection and payment of superannuation contributions, and complying with the administrative requirements set out in the Superannuation Act 1976 and any related regulations. By becoming an approved authority, the SBS must adhere to the provisions of the Superannuation Act 1976 in the same way as other approved authorities, such as those defined in subsection 3(1) of the Act.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the Explanatory Statement for non-compliance with the declaration itself. However, breaches of the Superannuation Act 1976 and related regulations could lead to penalties. For example, under section 132 of the Superannuation Act 1976, failure to make contributions to the CSS can result in a civil penalty of up to 200 penalty units ($42,000 as of 2023). Additionally, under section 133, failure to provide information or documents as required by the Act can result in a penalty of up to 50 penalty units ($10,500). These penalties are designed to ensure compliance with the superannuation obligations set out in the Act and related regulations.