Superannuation (CSS) Productivity Contribution (2004-2005) Declaration 2004

Administered by Department of Finance

Legislation au F2009B00177 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

STATUTORY RULES 2004 NO. 138

Issued by the authority of the Delegate of the Minister for Finance and Administration

Superannuation Act 1976

Superannuation (CSS) Productivity Contribution (2004-2005) Declaration 2004

The Superannuation Act 1976 (the Act) makes provision for, and in relation to, the Commonwealth Superannuation Scheme (CSS) which is an occupational superannuation scheme for Commonwealth employees and for certain other persons.

Part VIA of the Act comprising sections 110A to 110S provides for a funded productivity superannuation benefit for members of the scheme.

Section 110H of the Act requires the employer of a member of the scheme who does not pay productivity contributions in respect of the member to another scheme to pay fortnightly "productivity contributions" to the CSS. In accordance with section 110N of the Act the CSS Board must pay such contributions to the CSS Fund which is established by the Act.

The fortnightly rate of productivity contribution payable by an employer in relation to a member is set out in the Table in section 110C of the Act. This rate varies according to the member's salary. The intention is that the contribution rate be maintained at an average of 3% of salaries.

Section 110D provides that amounts of salary and contribution specified in the Table may be varied by a Declaration by the Minister for Finance and Administration in relation to a period specified in the declaration. Section 165 enables the Minister to delegate his power to make such Declarations to an officer of the Department of Finance and Administration.

The Declaration contained in the Statutory Rule, and cited as Superannuation (CSS) Productivity Contribution (2004-2005) Declaration, provides for increased amounts of salary and contribution to apply in relation to the period from 1 July 2004 to 30 June 2005.

In accordance with section 110G of the Act a declaration under section 110D is a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903 and a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

The Declaration will operate on and from 1 July 2004.

 

Overview

The Superannuation Act 1976 was enacted to provide for, and in relation to, the Commonwealth Superannuation Scheme (CSS), an occupational superannuation scheme for Commonwealth employees and certain other individuals. This legislation was introduced to address the need for a structured and funded superannuation system that caters specifically to the federal workforce. The Superannuation Act 1976 is administered by the Parliament of Australia, with the Minister for Finance and Administration playing a key role in its implementation and oversight. One of the primary policy objectives of the Act is to ensure that the CSS provides adequate retirement benefits to its members through the establishment and management of the CSS Fund, which receives productivity contributions from employers. These contributions are intended to maintain an average rate of 3% of the member's salary, adjusted as necessary through Ministerial Declarations such as the Superannuation (CSS) Productivity Contribution (2004-2005) Declaration, to keep pace with economic changes and maintain the scheme's sustainability.

Scope and Application

The Superannuation Act 1976 pertains to the Commonwealth Superannuation Scheme (CSS), an occupational superannuation scheme designed for Commonwealth employees and certain other individuals. Part VIA of the Act, encompassing sections 110A to 110S, specifically addresses the provision of a funded productivity superannuation benefit for members of the scheme. Employers of scheme members who do not contribute to productivity in another scheme are obligated under section 110H to remit fortnightly productivity contributions to the CSS. These contributions are to be paid to the CSS Fund, established by the Act, as stipulated in section 110N. The rate of these contributions, outlined in section 110C, is determined by the member's salary, with the intention of maintaining an average contribution rate of 3% of salaries. Section 110D allows for variations in these salary and contribution amounts through a declaration by the Minister for Finance and Administration, applicable to a specified period. The authority to make such declarations may be delegated by the Minister to an officer of the Department of Finance and Administration, as per section 165. The Superannuation (CSS) Productivity Contribution (2004-2005) Declaration, a statutory rule under section 110G, adjusts these amounts for the period from 1 July 2004 to 30 June 2005 and operates as a disallowable instrument under the Statutory Rules Publication Act 1903 and the Acts Interpretation Act 1901.

Key Provisions

The Superannuation Act 1976, specifically Part VIA, sections 110A to 110S, outlines the framework for the Commonwealth Superannuation Scheme (CSS), which provides occupational superannuation benefits to Commonwealth employees and certain other individuals. Section 110H mandates that employers who do not contribute productivity payments to another scheme must remit fortnightly "productivity contributions" to the CSS. The employer's obligation is to pay these contributions to the CSS Fund, as stipulated in section 110N. The rate of these contributions, detailed in section 110C, is set according to the member's salary and is intended to average 3% of salaries. Additionally, section 110D allows for the variation of salary and contribution amounts through a declaration by the Minister for Finance and Administration for a specified period. The obligations imposed by the Act on employers include the regular payment of productivity contributions to the CSS, ensuring compliance with the stipulated contribution rates. Employers must ensure these payments are made fortnightly and that they adhere to the rates specified in section 110C. The CSS Board, as per section 110N, is responsible for receiving these contributions and depositing them into the CSS Fund. Furthermore, the Minister for Finance and Administration has the authority, under section 165, to delegate the power to make declarations varying salary and contribution amounts to an officer of the Department of Finance and Administration. The legislation also outlines potential consequences for non-compliance. While specific offences and penalties are not detailed in the provided excerpt, the declaration made under section 110D is a Statutory Rule and a disallowable instrument, as per sections 110G, 165, and the Statutory Rules Publication Act 1903 and Acts Interpretation Act 1901, respectively. This suggests that any breaches of the declared contribution rates or non-compliance with the statutory requirements could result in legal actions or penalties, although the exact nature of these penalties is not specified in the provided text.

Legal classification tags

Area of Law
Superannuation Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.