Superannuation (PSS) Approved Authority Inclusion Amendment Declaration 2004 (No. 1) 2004 No. 232
EXPLANATORY STATEMENT
STATUTORY RULES 2004 No. 232
Issued by the authority of the Minister for Finance and Administration
Superannuation Act 1990
Superannuation (PSS) Approved Authority Inclusion Amendment Declaration 2004 (No. 1)
Declaration under paragraph (b) of the definition of "Approved Authority" in section 3.
The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to the Public Sector Superannuation Scheme (PSS) for Australian Government employees and certain other persons.
Persons eligible to contribute under the 1990 Act include persons who are employed under the Public Service Act 1999, as well as persons who are employed by an "approved authority". In accordance with paragraph (b) of the definition of "approved authority" in section 3 of the 1990 Act, an approved authority includes an authority or other body declared by the Minister for Finance and Administration to be an approved authority for the purposes of the 1990 Act, being an authority or body of a kind described in the definition.
Declarations made under paragraph (b) of the definition of approved authority are contained in the Superannuation (PSS) Approved Authority Inclusion Declaration (the Principal Declaration).
Section 45 of the 1990 Act provides that such a Declaration is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 and a statutory rule for the purposes of the Statutory Rules Publication Act 1903 and may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the declaration.
Tourism Australia encompasses the functions of the Bureau of Tourism Research (BTR), the Tourism Forecasting Council (TFC), the Australian Tourist Commission (ATC) and See Australia Limited (SAL). Previous employees of the BTR and TFC had access to the PSS because they were employed within the Department of Industry Tourism and Resources. Previous employees of the ATC had access to the PSS because they were employed by the ATC, which was an approved authority for the purposes of that scheme. The previous employees of SAL did not have access to the PSS.
Tourism Australia is a statutory authority, established by the Tourism Australia Act 2004. Tourism Australia is a body of a kind described in paragraph (b) of the definition of "approved authority" in section 3 of the 1990 Act. It is appropriate that the statutory authority be declared an approved authority for the purposes of the 1990 Act to enable employees to retain, or commence, membership of the PSS.
The Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Approved Authority Inclusion Amendment Declaration 2004 (No.1)" amends the Principal Declaration by including Tourism Australia in the list of bodies declared by the Minister for Finance and Administration to be approved authorities for the purposes of the 1990 Act. The Declaration also amends section 1 of the Principal Declaration, by renaming the Principal Declaration as the Superannuation (PSS) Approved Authority Inclusion Declaration 1995. It also amends the numbering of a section of the Principal Declaration by renumbering the second section 4 as section 5.
The Declaration commences on 1 July 2004, being the date on which Tourism Australia was established.
Overview
The Superannuation (PSS) Approved Authority Inclusion Amendment Declaration 2004 (No. 1) was enacted in 2004 by the Minister for Finance and Administration under the authority of the Superannuation Act 1990. This legislation was introduced to address the need to include Tourism Australia within the list of approved authorities for the Public Sector Superannuation Scheme (PSS). The PSS is a superannuation scheme for Australian Government employees and certain other persons, including those employed by approved authorities. The policy objective of this amendment was to ensure that employees of Tourism Australia, which was established in 2004, would have access to the PSS, thereby maintaining continuity in superannuation benefits for these employees. The Declaration amends the original Superannuation (PSS) Approved Authority Inclusion Declaration 1995 by adding Tourism Australia to the list of approved authorities and makes several technical amendments to the Principal Declaration. The changes came into effect on 1 July 2004, the date Tourism Australia was established.
Scope and Application
The Superannuation (PSS) Approved Authority Inclusion Amendment Declaration 2004 (No. 1) pertains to the Superannuation Act 1990, which governs the Public Sector Superannuation Scheme (PSS) for Australian Government employees and certain other individuals. This amendment declaration specifically targets the inclusion of Tourism Australia as an approved authority under the Act, thereby extending PSS eligibility to its employees. The Act applies to persons who are employed by an approved authority, and this declaration ensures that employees of Tourism Australia, a statutory authority established by the Tourism Australia Act 2004, are now eligible to participate in the PSS. The amendment takes effect from 1 July 2004, the date Tourism Australia was established, and it also involves renaming and renumbering sections of the original Superannuation (PSS) Approved Authority Inclusion Declaration 1995 to reflect the changes. This amendment is designed to provide continuity and access to the PSS for the employees of Tourism Australia, aligning them with other entities that were previously covered under the scheme.
Key Provisions
The Superannuation (PSS) Approved Authority Inclusion Amendment Declaration 2004 (No. 1) amends the existing Superannuation (PSS) Approved Authority Inclusion Declaration 1995, primarily by including Tourism Australia in the list of approved authorities under the Superannuation Act 1990 (1990 Act). This amendment is significant because it extends the eligibility of employees of Tourism Australia to participate in the Public Sector Superannuation Scheme (PSS). The amendment also renames the Principal Declaration to Superannuation (PSS) Approved Authority Inclusion Declaration 1995 and adjusts the numbering of certain sections to reflect the changes made.
Under this legislation, Tourism Australia, which comprises the functions of the Bureau of Tourism Research, the Tourism Forecasting Council, the Australian Tourist Commission, and See Australia Limited, is now classified as an approved authority. This classification allows its employees to be eligible for membership in the PSS. The amendment was deemed necessary to ensure that employees of Tourism Australia, particularly those previously employed by entities that were part of the PSS, could continue or commence their participation in the scheme without interruption.
The obligations imposed by the Act on the parties governed by it are primarily to ensure compliance with the requirements set forth in the 1990 Act. The declaration mandates that the Minister for Finance and Administration must include specific authorities and bodies in the list of approved authorities, thereby facilitating their employees' access to the PSS. Moreover, the Act requires that such declarations be made in accordance with the provisions of the Acts Interpretation Act 1901 and the Statutory Rules Publication Act 1903, ensuring that they are properly documented and published.
In terms of consequences for non-compliance, while the Explanatory Statement does not explicitly detail specific offences or penalties for breaching the requirements of the Declaration, it is implicit that any failure to adhere to the provisions of the 1990 Act and the associated statutory rules could lead to legal repercussions. Given that the Declaration is a disallowable instrument, any contravention of its terms could potentially be subject to review or challenge. Additionally, the Act may impose penalties or other consequences as stipulated under the broader legislative framework of the 1990 Act. The exact nature and extent of these penalties would need to be determined within the context of the overarching legislation.