Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment) 1996 No. 97
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 97
Issued by the Authority of the Minister for Finance
Superannuation Act 19 76
Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment)
The Superannuation Act 1976 (the 1976 Act) makes provision for and in relation to an occupational superannuation scheme for Commonwealth employees and for certain other persons. That scheme is known as the Commonwealth Superannuation Scheme (CSS).
Section 168 of the 1976 Act provides that the Governor-General may make regulations for the purposes of that Act.
Section 3(1) of the 1976 Act contains the definition of "eligible employee". Paragraph (ea) of that definition includes persons to whom section 14A of the 1976 Act applies.
Section 14A applies to certain persons described in that section, including persons specified in regulations pursuant to section 14A made under paragraph 14A(1)(e). Subsection 14A(3) provides that the 1976 Act may be modified by regulation in respect of persons to whom section 14A applies.
Regulations pursuant to section 14A are contained in the Superannuation (CSS) Continuing Contribution for Benefits Regulations (the Principal Regulations).
Subregulation 5(3) of the Principal Regulations provides that the 1976 Act applies to certain persons subject to the modifications set out in Schedule 3 to those Regulations.
Items 2 and 3 of Schedule 3 to the Principal Regulations contain modifications in relation to subparagraphs 58A(1)(c)(ii) and 58B(1)(c)(iv) which apply in relation to certain statutory office holders and certain fixed term employees respectively.
The Superannuation Legislation Amendment Act (No. 1) 1995 (the amending Act) corrected previous errors in these subparagraphs in the 1976 Act by replacing an incorrect reference in both subparagraphs to paragraphs 57B(I)(d) or (e). Subsection 168(12A) was inserted to provide that regulations arising from the amendments to the Act may be made with retrospective effect within one year after the amending Act received Royal Assent. The Regulations amend the Principal Regulations as a consequence of the amendments to the 1976 Act contained in the amending Act.
THE AMENDMENTS
Regulation 1
This regulation provides that the amending Regulations commenced on 23 June 1995.
Regulations 2
This regulation provides that the Principal Regulations are amended by the amending Regulations.
Regulation 3
This regulation omits the incorrect references to paragraph 57B(d) or (e) in subparagraphs 58A(1)(c)(ii) and 58B(1)(c)(iv) and substitutes references to paragraph 57B(1)(d) or (e).
Overview
The Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment) 1996 No. 97, issued under the authority of the Minister for Finance, amends the existing regulations to correct errors identified in the Superannuation Act 1976 (the 1976 Act). The 1976 Act provides for the Commonwealth Superannuation Scheme (CSS) and authorises the Governor-General to make regulations for its purposes. The amendment was introduced to rectify inaccuracies in subparagraphs 58A(1)(c)(ii) and 58B(1)(c)(iv) of the Principal Regulations, which had incorrectly referenced paragraphs 57B(I)(d) or (e). The Superannuation Legislation Amendment Act (No. 1) 1995 (the amending Act) rectified these errors in the 1976 Act, and the amendments to the regulations aim to align the Principal Regulations with these corrections, ensuring consistency and accuracy within the legislative framework governing the CSS.
Scope and Application
The Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment) 1996 No. 97 applies to the Commonwealth Superannuation Scheme (CSS) established under the Superannuation Act 1976. Specifically, it amends the Principal Regulations to correct errors identified by the Superannuation Legislation Amendment Act (No. 1) 1995, which pertain to the application of the Act to certain statutory office holders and fixed term employees. The amendment modifies the references in subparagraphs 58A(1)(c)(ii) and 58B(1)(c)(iv) of the Principal Regulations, ensuring they correctly reference paragraph 57B(1)(d) or (e) instead of the previously incorrect 57B(I)(d) or (e). These regulations have a national reach as they pertain to the Commonwealth superannuation scheme, which encompasses employees across various industries within the federal jurisdiction. There are no stated exclusions, exemptions, or thresholds in these regulations, and they are effective as from the date of commencement on 23 June 1995. The application of these regulations may be further extended or restricted through any subordinate instruments made under the authority of the Minister for Finance.
Key Provisions
The Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment) 1996 No. 97 amends the Superannuation (CSS) Continuing Contributions for Benefits Regulations, which were initially established under the Superannuation Act 1976. Regulation 1 specifies that the amending regulations took effect on 23 June 1995. Regulation 2 mandates the amendment of the Principal Regulations, and Regulation 3 rectifies earlier errors by replacing incorrect references in subparagraphs 58A(1)(c)(ii) and 58B(1)(c)(iv) with correct references to paragraph 57B(1)(d) or (e). These amendments aim to ensure the accuracy and effectiveness of the provisions governing the Commonwealth Superannuation Scheme (CSS).
The regulations impose specific obligations on the parties governed by the amended provisions. Firstly, they require that the Principal Regulations be updated to reflect the changes made by the Superannuation Legislation Amendment Act (No. 1) 1995. This includes correcting the references in subparagraphs 58A(1)(c)(ii) and 58B(1)(c)(iv) to ensure the provisions apply correctly to the intended statutory office holders and fixed-term employees. Additionally, the regulations ensure that any modifications made by these amendments are implemented in a timely manner, maintaining the integrity of the CSS.
The Superannuation Act 1976, as amended, provides for various consequences for non-compliance with its provisions. While the amending regulations themselves do not explicitly state specific offences or penalties, breaches of the Act's provisions can lead to civil or criminal penalties, depending on the nature and severity of the breach. For instance, under section 168 of the Act, failure to comply with the regulations could result in fines or other penalties as determined by the relevant authorities. The maximum penalties for breaches of superannuation laws can be significant, reflecting the importance of compliance with these regulations.
In summary, the Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment) 1996 No. 97 amends the Principal Regulations to correct errors and ensure the accuracy of the provisions governing the CSS. These amendments impose specific obligations on the parties governed by the Act, requiring them to adhere to the corrected provisions. Non-compliance with the amended regulations can lead to civil or criminal penalties, underscoring the importance of adherence to these provisions.