EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 322
SUPERANNUATION (PRODUCTIVITY BENEFIT) ACT 1988
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
DECLARATION UNDER SECTION 3F(1)
QUALIFIED EMPLOYEES
The Superannuation (Productivity Benefit) Act 1988 (the Act) provides the mechanism by which a 3 per cent superannuation benefit is made available to Commonwealth employees who are not covered by the main Commonwealth superannuation schemes.
The Act requires the employer of a “qualified employee” to pay to either the superannuation fund nominated by the Minister for Finance or another fund approved by the Minister periodic contributions based on the salary of the employee.
The employer is also required to pay to the same fund, on a once-only basis, an amount which represents the entitlement accrued by the employee under the Act in respect of service with the employer prior to the date the employee joined the fund.
Section 3(1) of the Act lists the conditions upon which a person becomes a “qualified employee”.
The Central Land Council (the Council) is established under the Aboriginal Land Rights (Northern Territory) Act 1976. Based on recent legal advice, an employee of the Council can only be a “qualified employee” through a statutory rule declaring the employee to be a qualified employee under section 3F(1) of the Act.