EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance and Deregulation
Superannuation Act 1976
Approval under subsection 3(1)
The Superannuation Act 1976 (the 1976 Act) establishes the Commonwealth Superannuation Scheme (CSS) for Australian Government employees and certain other persons.
Subsection 3(1) of the 1976 Act contains the definition of the term “eligible employee” that describes various classes of persons who may contribute to the CSS (CSS members). Accordingly, persons who come within the definition of “temporary employee” may become members of the CSS.
The term “temporary employee” is defined in subsection 3(1) of the 1976 Act as a person employed otherwise than in a permanent capacity by the Commonwealth or by an approved authority, but does not include a person who is engaged or appointed for employment outside Australia only (other than such a person who is declared, in writing, by the Minister to be a person to whom the definition of “temporary employee” applies).
The purpose of the Superannuation (CSS) Temporary Employee Approval 2011 (No.1) (the Approval) is to approve persons who are engaged as Australian Civilian Corps (ACC) employees for employment on a full-time basis outside Australia only, and who were members of the CSS immediately before becoming so engaged, to be temporary employees for the purposes of the 1976 Act. The Approval enables CSS members to continue their CSS membership while engaged as ACC employees for employment outside Australia only.
AusAID was consulted on the amendments contained in the Approval.
The Approval is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Approval commences immediately after the commencement of Part 3 of the Australian Civilian Corps Act 2011.
The details of the Approval are explained in the Attachment.
ATTACHMENT
SUPERANNUATION (CSS) TEMPORARY EMPLOYEE APPROVAL 2011 (No.1)
Section 1 – Name of Approval
This section provides that the name of the Approval is the Superannuation (CSS) Temporary Employee Approval 2011 (No.1).
Section 2 – Commencement
This section provides for the Approval to commence immediately after the commencement of Part 3 of the Australian Civilian Corps Act 2011.
Section 3 – Temporary Employees
This section provides that persons who were CSS members engaged for full-time employment outside Australia as Australian Civilian Corps employees are “temporary employees” for the purposes of the 1976 Act. This enables such persons to continue their membership of the CSS during engagement as Australian Civilian Corps employees in full‑time employment outside Australia only.