EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO 375
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE SUPERANNUATION ACT 1976 - SUPERANNUATION (ELIGIBLE EMPLOYEES) REGULATIONS (AMENDMENT)
Section 168 of the Superannuation Act 1976 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing 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.
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”.
By virtue of the definition of “eligible employee” in sub-section 3(1) and sections 11, 12, 13 and 14 of the Act, a permanent employee is required to become an eligible employee while a temporary employee or the holder of a statutory office may do so at his or her own request subject to certain qualifications. In accordance with paragraph (j) of the “eligible employee” definition, the term does not include a person included in a prescribed class of persons. Thus, certain classes of employees may be excluded by regulation from becoming contributors. The classes of persons so excluded are prescribed in the Superannuation (Eligible Employees) Regulations (the Regulations).
Section 7 of the Australian Trade Commission Act 1985 provides for the establishment of the Australian Trade Commission and section 60 of that Act provides for the Commission to employ staff. Section 12 of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985 provides for the following persons to become employees of the Commission on the date it comes into existence:-
(a) certain persons who are officers or employees for the purposes of the Public Service Act 1922;
(b) certain persons who are Trade Commissioners or Assistant Trade Commissioners appointed under the Trade Commissioners Act 1933;
(c) officers and employees of the Export Finance and Insurance Corporation; and
(d) employees of the Australian Overseas Projects Corporation.
The above provisions are to come into operation on 6 January 1986.
It is intended that those in groups (a) to (d) above who become permanent employees of the Commission on 6 January 1986 and who were not eligible employees for the purposes of the Act immediately before that date should not be required to become eligible employees but be able to do so at their own request on 6 January 1986 or at any time thereafter. The proposed Regulations would amend the Superannuation (Eligible Employees) Regulations to achieve this intention.
The amendments are to come into operation on 6 January 1986, the date from which the persons concerned will become employees of the Commission.