EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 355
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1976
DECLARATION UNDER SECTION 110E
The Superannuation Act 1976 (the Act) provides for a superannuation scheme for Commonwealth employees and certain other persons.
Part VIA (comprising sections 110A to 110S) of the Act provides, with effect from 1 July 1990, a funded productivity superannuation benefit for members of the scheme.
Section HOP provides for the productivity benefit to become payable in respect of a person who ceases to be a member of the scheme and who immediately before so ceasing, or earlier, was a “productivity employee” for the purposes of the Act. The term “productivity employee” is defined in section 110A as, in effect, a member of the scheme but subject to certain exceptions. These include an employee of the Northern Territory or of an authority of the Northern Territory and a person included in a class of persons specified in a declaration by the Minister for Finance under section HOE as not being productivity employees.
In accordance with section HOG , a declaration under section HOE is to be 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 Civil Aviation Authority (CAA) and the Federal Airports Corporation (FAC) will be providing their statutory office-holders and employees with the productivity superannuation benefit through arrangements outside the Commonwealth superannuation scheme. It is therefore appropriate that those office-holders and employees be excluded from the Commonwealth scheme productivity superannuation arrangements.
Australian Defence Industries Ltd (ADI) have award coverage for the productivity superannuation benefit. Accordingly it is appropriate that directors and employees of the company should be excluded from the Commonwealth arrangements.
The Declaration contained in the Statutory Rule, and cited as “Superannuation (CSS) Productivity Employee Exclusion Declaration No 1”, therefore specifies CAA and
FAC statutory office-holders and employees and directors and employees of ADI as classes of persons who are not to be “productivity employees”.
The Declaration is a consolidation of all the previous exclusions made by the Minister under section 110E of the Act and consequently repeals those previous Declarations.
The Declaration will operate on and from 1 July 1990.