Superannuation (PSS) Approved Authority Exclusion Declaration (Amendment)

Overview

The Superannuation (PSS) Approved Authority Exclusion Declaration (Amendment) 1995 No. 231, issued under the authority of the Minister for Finance, amends the Superannuation Act 1990 by modifying the list of approved authorities for the Public Sector Superannuation Scheme (PSS). This amendment was introduced in response to the legislative changes under the Civil Aviation Legislation Amendment Act 1995 and the Air Services Act 1995, which established the Civil Aviation Safety Authority (CASA) and Airservices Australia (AA) to replace the Civil Aviation Authority (CAA). The original Superannuation Act 1990 included CAA as an approved authority for the purposes of the 1976 Act, but the amendment excludes it from the list of bodies that are not approved authorities for the purposes of the 1990 Act. This statutory rule was designed to align with the new regulatory framework for civil aviation in Australia, ensuring that the superannuation provisions for employees remain consistent with the restructuring of the aviation authorities.

Scope and Application

The Superannuation (PSS) Approved Authority Exclusion Declaration (Amendment) 1995 No. 231 amends the definition of "Approved Authority" in the Superannuation Act 1990 to exclude the Civil Aviation Authority (CAA) from the list of bodies that are not approved authorities for the purposes of the Act. This amendment was necessitated by the review of air regulation and safety, which led to the abolition of the CAA and the establishment of the Civil Aviation Safety Authority (CASA) and Airservices Australia (AA). The amendment reflects the transition in regulatory authority within the aviation sector, ensuring that the new entities established by the Civil Aviation Legislation Amendment Act 1995 and the Air Services Act 1995 are appropriately recognised within the superannuation framework. The exclusion declaration is a disallowable instrument under the Acts Interpretation Act 1901 and a Statutory Rule under the Statutory Rules Publication Act 1903. The amendment commenced on 6 July 1995, the same day as the commencement of the CALA Act and the AA Act.

Key Provisions

The Superannuation (PSS) Approved Authority Exclusion Declaration (Amendment) 1995 No. 231 primarily amends the Superannuation (PSS) Approved Authority Exclusion Declaration, as per section 45 of the Superannuation Act 1990 (section 3). This amendment specifically addresses the exclusion of the Civil Aviation Authority (CAA) from the list of bodies declared not to be approved authorities for the purposes of the Superannuation Act 1990, thereby allowing CAA to be considered an approved authority under the Act (section 3). This change takes effect from the date the amendment commences, which is 6 July 1995, as stipulated in the Statutory Rules Publication Act 1903 (section 4). The obligations and requirements imposed by the Act on the parties or entities it governs are primarily concerned with the definition and identification of approved authorities. Under section 3 of the Superannuation Act 1990, an approved authority includes certain bodies that were recognised as such immediately before 1 July 1990, provided they are not specifically excluded by the Minister for Finance in writing. This amendment to the Principal Declaration ensures that the CAA is recognised as an approved authority, subject to the terms of the Superannuation Act 1990. The Act also mandates that any declaration regarding the exclusion of authorities is a disallowable instrument, subject to review and parliamentary oversight (section 45 and 46A of the Acts Interpretation Act 1901). Under the Superannuation Act 1990, any breach of the provisions concerning approved authorities could potentially lead to civil or criminal consequences, depending on the nature and severity of the breach. Although specific offences, penalties, or consequences are not detailed in the provided text, it is understood that such breaches could attract penalties under the general provisions of the Superannuation Act 1990 or related legislation. The penalties could include fines or other sanctions as prescribed by law, with the specifics potentially outlined in other parts of the Superannuation Act 1990 or related Acts.