Superannuation (CSS) Approved Authority Declaration No. 17 1994 No. 397
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 397
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 certain 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.
The Australian International Hotel School was established by the Canberra Institute of Technology Act 1987 and commenced employing staff from 1 December 1994. It is 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 body be declared to be an approved authority for the purposes of that Act to enable its 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. 17, declares the Australian International Hotel School to be an approved authority for the purposes of the 1976 Act with effect from 1 December 1994.
Overview
The Superannuation (CSS) Approved Authority Declaration No. 17, issued in 1994, was enacted under the authority of the Minister for Finance to address the need for the Australian International Hotel School to be recognised as an approved authority for the purposes of the Superannuation Act 1976. The Superannuation Act 1976 provides for an occupational superannuation scheme for Commonwealth employees and certain other persons, including those employed by an approved authority. The policy objective of this declaration was to allow employees of the Australian International Hotel School to remain or become members of the Commonwealth Superannuation Scheme (CSS), thereby ensuring that they were eligible for the benefits provided by the Act. The declaration was made in accordance with the requirements of the Acts Interpretation Act 1901 and the Statutory Rules Publication Act 1903, making it a disallowable instrument and a Statutory Rule respectively.
Scope and Application
The Superannuation Act 1976, along with the Superannuation (CSS) Approved Authority Declaration No. 17 issued under its authority, applies to the occupational superannuation scheme established for Commonwealth employees and certain other eligible individuals. The Act designates specific entities as approved authorities, which include bodies like the Australian International Hotel School, thereby enabling their employees to participate in the Commonwealth Superannuation Scheme (CSS). The declaration, effective from 1 December 1994, recognises the Australian International Hotel School as an approved authority, allowing its employees to either remain in or join the CSS. This declaration underscores the broad application of the Act across various entities that meet the criteria for being approved authorities, thus extending the benefits of the CSS to a wider range of employees beyond just Commonwealth employees. The jurisdictional reach of the Act and its related declarations is governed at the Commonwealth level, with the Minister for Finance holding the authority to declare additional approved authorities.
Key Provisions
The Superannuation (CSS) Approved Authority Declaration No. 17 under the Superannuation Act 1976 (the 1976 Act) designates the Australian International Hotel School (the School) as an approved authority for the Commonwealth Superannuation Scheme (CSS) (sections 3(1) and 4A). This declaration, which takes effect from 1 December 1994, allows eligible employees of the School to participate in the CSS, aligning the School with the types of bodies described in the Act. This inclusion is essential for the continuity and participation of the School's employees in the CSS, facilitating their eligibility to contribute and benefit from the scheme as per the provisions of the 1976 Act.
The declaration imposes specific obligations on the Australian International Hotel School as an approved authority under the 1976 Act. These obligations include adhering to the requirements set forth in the Act for contributions to the CSS on behalf of its employees, ensuring compliance with the provisions governing the operation of the CSS. The School must also maintain accurate records and reporting as mandated by the Act to ensure transparency and compliance in the administration of the superannuation scheme for its staff.
Breaches of the obligations under the 1976 Act can result in serious consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines up to a maximum of $21,000 per offence, as stipulated by the Act. Additionally, criminal penalties may be imposed, which can include fines of up to $105,000 and imprisonment for up to five years for individuals found guilty of serious breaches. These penalties underscore the importance of strict adherence to the provisions of the Act by the School and its officers in managing the CSS contributions and benefits for its employees.