Superannuation (CSS) Approved Authority Declaration No. 9 1992 No. 105
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 105
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 certain Commonwealth employees and other persons.
The Superannuation Act 1990 provides for a new occupational superannuation scheme (the PSS) for Commonwealth employees which came into operation on 1 July 1990. Members of the CSS had the option, to be exercised between 1 July 1990 and 30 June 1991, of remaining members of t hat scheme or of transferring to the PSS.
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 the 1976 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 that 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 Dairy Research and Development Corporation was established on 1 April 1990 under the Primary Industries and Energy Research and Development Act 1989 as a body corporate with power to engage its own employees. Legislation was put in place in 1991 which had the effect of permitting persons who were contributors to the CSS immediately before becoming employees of the Corporation to continue to be such contributors while being employees of the Corporation.
The Dairy Research and Development Corporation 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 Corporation be declared to be an approved authority for the purposes of that Act to permit employees who are not existing contributors to the CSS immediately before becoming employed by the Corporation but who have had a prior connection with the CSS to become such contributors again.
The Declaration contained in the Statutory Rule, and cited as Superannuation (CSS) Approved Authority Declaration No. 9, declares the Dairy Research and Development Corporation to be an approved authority for the purposes of the 1976 Act with effect from the date of gazettal of the Declaration.
Overview
The Superannuation (CSS) Approved Authority Declaration No. 9, enacted in 1992, serves to address a specific gap within the Superannuation Act 1976 by formally recognising the Dairy Research and Development Corporation as an approved authority. This legislative measure was introduced to ensure that employees of the Corporation, who had prior connections with the Commonwealth Superannuation Scheme (CSS), could continue to participate in the scheme. The enactment of this statutory rule by the Minister for Finance aligns with the broader objective of maintaining consistent superannuation arrangements for eligible employees transitioning between different employers within the public sector. The Declaration, declared under the authority of the Minister for Finance, is a Statutory Rule and a disallowable instrument, as stipulated in the Acts Interpretation Act 1901 and the Statutory Rules Publication Act 1903, respectively.
Scope and Application
The Superannuation (CSS) Approved Authority Declaration No. 9, issued under the authority of the Minister for Finance, declares the Dairy Research and Development Corporation to be an approved authority for the purposes of the Superannuation Act 1976. This declaration allows certain persons employed by the Corporation to contribute to the Commonwealth Superannuation Scheme (CSS) if they had a prior connection with the CSS. The 1976 Act establishes an occupational superannuation scheme for certain Commonwealth employees and other eligible persons, and it defines an "approved authority" as an authority or body declared by the Minister for Finance to be eligible for the purposes of the Act. By including the Dairy Research and Development Corporation as an approved authority, the declaration enables employees of this corporation, who have had a prior connection with the CSS, to become contributors to the scheme again. The declaration applies to the Corporation and its employees from the date of its gazettal, thereby extending the scope of the approved authorities under the Act.
Key Provisions
The Superannuation (CSS) Approved Authority Declaration No. 9, which pertains to the Superannuation Act 1976, declares the Dairy Research and Development Corporation as an approved authority (section 4A). This declaration is made under the authority granted by subsection 3(1)(a) of the Act, which allows the Minister for Finance to declare certain authorities or bodies as approved authorities for the purposes of the Act. The primary requirement of this declaration is to enable employees of the Dairy Research and Development Corporation who were previously contributors to the Commonwealth Superannuation Scheme (CSS) to rejoin the scheme, provided they had a prior connection with the CSS (subsection 3(1)(a)).
The obligations imposed on the parties governed by this Act include ensuring that the Dairy Research and Development Corporation, as an approved authority, adheres to the requirements set out in the Superannuation Act 1976. This includes complying with the provisions that allow eligible employees to contribute to the CSS, and maintaining records and processes to facilitate these contributions. The Corporation must also ensure that it engages its own employees in accordance with the legislation, thereby providing them with the opportunity to participate in the superannuation scheme.
Breaches of the provisions outlined in the Superannuation Act 1976 can lead to various consequences. Under the Acts Interpretation Act 1901, a disallowable instrument such as this declaration can be subject to disallowance by either House of the Parliament within the stipulated period. If the declaration is disallowed, it will cease to have effect from the date of disallowance. Additionally, any failure by the Dairy Research and Development Corporation to comply with the requirements of the Act could result in administrative or legal action being taken against the Corporation. While specific penalties are not detailed in the Explanatory Statement, breaches of superannuation laws can generally lead to financial penalties, corrective actions, or other legal repercussions depending on the severity and nature of the breach.