Superannuation (CSS) Approved Part-time Employee Declaration No. 5

Overview

The Superannuation (CSS) Approved Part-Time Employee Declaration No 5 was made in 1994 under the authority of Kim C Beazley, the Minister for Finance, as part of the legislative framework established by the Superannuation Act 1976. This legislative instrument aims to address the specific needs of eligible employees who hold statutory offices and perform their duties on a part-time basis. The problem it seeks to resolve is ensuring that these part-time employees are appropriately recognised and included in the superannuation scheme, particularly for those who transitioned from full-time roles and are not compensated on a per diem basis. The enactment by the Australian Government through its relevant minister reflects a policy objective to provide clarity and inclusion for part-time statutory office holders within the superannuation system.

Scope and Application

The Superannuation (CSS) Approved Part-time Employee Declaration No 5 applies to eligible employees who hold a statutory office and perform their duties on a part-time basis. Specifically, the declaration pertains to those individuals who, upon appointment, performed the duties of their office on a full-time basis and are not remunerated on a per diem basis. The declaration aims to classify such part-time employees as approved part-time employees for the purposes of the Superannuation Act 1976. This inclusion ensures that these part-time employees are eligible for superannuation benefits as if they were employed on a full-time basis. The geographic or jurisdictional reach of this declaration is aligned with the Commonwealth of Australia, thereby affecting statutory office holders across the nation. The declaration does not specify any exclusions or exemptions, implying that all eligible part-time statutory office holders meeting the criteria are covered. Any further application or restriction of this declaration is to be determined through subordinate instruments or specific provisions within the Superannuation Act 1976.

Key Provisions

The main operative sections of this legislative instrument are sections 1, 2 and 3. Section 1 provides the citation for the declaration, referring to it as "Superannuation (CSS) Approved Part-time Employee Declaration No 5" (section 1). Section 2 outlines the criteria for an employee to be considered an approved part-time employee under the Superannuation Act 1976. It specifies that an eligible employee holding a statutory office and performing duties on a part-time basis, who previously performed those duties full-time and is not paid on a per diem basis, falls into an approved class of part-time employees (section 2). Section 3 renames "Part-time Employment Declaration No. 4" to "Superannuation (CSS) Approved Part-Time Employee Declaration No. 4" (section 3). The declaration imposes specific obligations on the parties or entities it governs. Eligible employees who meet the criteria outlined in section 2 of the Superannuation Act 1976 are included in the approved class of part-time employees. This means they are eligible for certain superannuation benefits under the act. The declaration serves to clarify and define the scope of who qualifies as an approved part-time employee, ensuring that the appropriate benefits and protections are extended to those who meet the specified conditions. Breaches of the provisions set out in this declaration could lead to civil or criminal consequences, depending on the nature and severity of the breach. Under Australian law, specific penalties for non-compliance with superannuation regulations are outlined in the Superannuation Industry (Supervision) Act 1993. These penalties can include fines, imprisonment, or both, depending on the offence. The maximum penalties can vary significantly, with serious breaches potentially resulting in fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as imprisonment terms that can extend to several years. The specific penalties applicable to breaches of this declaration would be determined by the relevant court or tribunal based on the circumstances of the breach.