Statutory Rules
1978 No. 29
REGULATIONS UNDER THE SUPERANNUATION ACT 1976*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.
Dated this twenty-eighth day of February 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
ERIC ROBINSON
Minister of State for Finance
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SUPERANNUATION (FORMER AUSTRALIAN LEGAL AID OFFICE STAFF) REGULATIONS
Citation
1. These Regulations may be cited as the Superannuation (Former Australian Legal Aid Office Staff) Regulations.
Interpretation
2. In these Regulations, unless the contrary intention appears—
“ State Fund ” means a fund or account established under the law of a State to provide superannuation or other similar benefits for persons employed in the Public Service or any other service of that State;
“ the Act ” means the Superannuation Act 1976.
Former Australian Legal Aid Office staff members who become contributors to State superannuation funds
3. (1) Section 14a. of the Act does not apply to persons who, upon becoming eligible persons or approved persons for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977, become contributors to a State Fund.
(2) Where—
(a) a person to whom section 14a of the Act applies becomes a contributor to a State Fund; and
(b) that section would, but for this sub-regulation, continue to apply to him upon his so becoming such a contributor,
that section ceases to apply to him at the time that he becomes a contributor to the State Fund.
* Notified in the Commonwealth of Australia Gazette on 6 March 1978.
Overview
The Superannuation (Former Australian Legal Aid Office Staff) Regulations 1978 were enacted to address the specific superannuation requirements of former staff members of the Australian Legal Aid Office who transitioned to contributing to State superannuation funds. These Regulations were made under the authority of the Superannuation Act 1976 by the Governor-General, acting on the advice of the Federal Executive Council. The primary policy objective of these Regulations is to ensure that the provisions of the Superannuation Act 1976 are appropriately tailored to accommodate the unique circumstances of former Australian Legal Aid Office staff members, particularly in relation to their contributions to State superannuation funds, thereby maintaining the integrity and fairness of the superannuation system.
Scope and Application
The Superannuation (Former Australian Legal Aid Office Staff) Regulations 1978 apply to persons who, upon becoming eligible or approved persons under the Commonwealth Legal Aid Commission Act 1977, transition to becoming contributors to a State superannuation fund. The regulations provide an exception to section 14a of the Superannuation Act 1976, which generally applies to superannuation arrangements. Specifically, for those former Australian Legal Aid Office staff members who join a State Fund, the application of section 14a of the Superannuation Act 1976 ceases once they become contributors to such funds. This regulation ensures a seamless transition for eligible individuals from Commonwealth to State superannuation arrangements without the continued application of certain Commonwealth provisions. The scope of these regulations is confined to the specified group of former Australian Legal Aid Office staff members transitioning to State superannuation funds, and they do not extend to other entities or industries.
Key Provisions
The Superannuation (Former Australian Legal Aid Office Staff) Regulations (1978) primarily focus on the superannuation arrangements for former staff of the Australian Legal Aid Office. Section 3(1) of the Regulations clarifies that Section 14a of the Superannuation Act 1976 does not apply to individuals who become contributors to a State superannuation fund upon becoming eligible or approved persons under the Commonwealth Legal Aid Commission Act 1977. Furthermore, Section 3(2) specifies that if an individual who was subject to Section 14a of the Act becomes a contributor to a State Fund, that section ceases to apply to them from the moment they become a contributor to the State Fund.
The Regulations impose certain obligations on the parties involved, particularly former Australian Legal Aid Office staff who transition to State superannuation funds. They must ensure that their contributions are made to a State Fund as per the provisions outlined in the Commonwealth Legal Aid Commission Act 1977. Additionally, the Regulations require that any person affected by Section 14a of the Superannuation Act 1976 must notify relevant authorities when they become contributors to a State Fund to ensure the proper cessation of the application of Section 14a.
Failure to comply with the provisions of these Regulations could lead to various consequences. Although the Regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, breaches of the Superannuation Act 1976, which these Regulations are made under, may result in penalties. Under the Superannuation Act 1976, penalties for non-compliance can include fines and imprisonment, depending on the severity of the breach. The specific maximum penalties would be governed by the broader Act and any relevant legislative provisions at the time of the breach.