EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 98
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.
By virtue of the definitions of “eligible employee”, “permanent employee” and “temporary employee” in subsection 3(1) of the Act, the term “eligible employee” includes officers and employees for the purposes of the Public Service Act 1922, other persons employed by the Commonwealth and persons employed by an approved authority. 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 Principal Regulations).
Certain persons employed in a temporary capacity by the Department of Administrative Services under section 82AC of the Public Service Act 1922 are to be appointed as officers under section 42 or 42A of the Public Service Act 1922 on 1 June 1989. Some of the persons concerned are not eligible employees and it is intended that they have the option of becoming eligible employees at, or at any time after, the date of appointment. Under the Act, however, permanent employees, including officers for the purposes of the Public Service Act 1922, are automatically eligible employees unless excluded from being so by the Regulations.
The Regulations amend the Principal Regulations by inserting a new paragraph 4(zg) to exclude the appointees from becoming eligible employees unless they elect to do so. The amendments operate on and from 1 June 1989.