EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 85
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1976
SUPERANNUATION (ELIGIBLE EMPLOYEES) REGULATIONS (AMENDMENT)
The Superannuation Act 1976 (the Act) provides a contributory superannuation scheme for Commonwealth employees. Persons eligible to contribute under the Act are referred to in the Act as “eligible employees”.
Section 168 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that the Act requires or permits to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Subsection 3(1) of the Act defines the term “eligible employee”. In accordance with paragraph (j) of the definition, the term does not include a person included in a prescribed class of persons. Thus, certain classes of persons may be excluded by regulation from becoming, or remaining, contributors. The classes of persons so excluded are prescribed in the Superannuation (Eligible Employees) Regulations (the Regulations).
The definition of “eligible employee” in subsection 3(1) of the Act includes, in paragraph (d), a person who is the holder of a statutory office and is specified in a direction under subsection 14(1) of the Act in relation to that office and, in subparagraph (e)(ii), a person who is the holder of a full-time statutory office and who, immediately before the commencement of his appointment was an eligible employee by virtue of a previous application of the definition. A “statutory office” is defined in subsection 3(1) of the Act to mean an office established by an Act.
The Australian Capital Territory will be established as a body politic under the Crown in accordance with section 7 of the Australian Capital Territory (Self-Government) Act 1988 on a day to be fixed by proclamation.
Section 8 of the Australian Capital Territory (Self-Government) Act 1988 provides that there shall be a Legislative Assembly of the Australian Capital Territory consisting of 17 members. In accordance with subsequent provisions, the members of the Assembly are to appoint from amongst their number a Chief Minister, Presiding Officer and Deputy Presiding Officer and the Chief Minister is to appoint three Ministers. It is not intended or appropriate that the members of the Assembly (including those appointed to the Offices referred to above) should be required or eligible to contribute under the Act.
The Regulation contained in the Statutory Rule amends the Principal Regulations by inserting a new paragraph 4(zf) to prescribe as a class of persons for the purposes of paragraph (j) of the definition of “eligible employee” in subsection 3(1) of the Act persons (including persons specified in a direction given under section 11, 12, 13 or 14 of the Act) who are members of the Legislative Assembly of the Australian Capital Territory.
The amendment operates on and from the date of gazettal.