Overview

The Superannuation (PSS) Approved Authority Inclusion Amendment Declaration 2008 (No. 1) was enacted in 2008 to address the problem of ensuring continuity of superannuation membership for employees of the Australian Film Commission, Film Australia Limited, and the Film Finance Corporation following their merger into Screen Australia. This amendment was necessary to align with the establishment of Screen Australia pursuant to the Screen Australia Act 2008, effective from 1 July 2008. The enacting body was the Minister for Superannuation and Corporate Law, acting on behalf of the Minister for Finance and Deregulation. The policy objective of this amendment was to enable employees of Screen Australia to continue their membership in the Public Sector Superannuation Scheme (PSS), thereby ensuring that the superannuation arrangements for these employees remained consistent and uninterrupted following the organisational changes.

Scope and Application

The Superannuation (PSS) Approved Authority Inclusion Amendment Declaration 2008 (No.1) applies to the entities involved in the merger that formed Screen Australia, including the Australian Film Commission, Film Australia Limited, and the Film Finance Corporation. Specifically, it applies to employees of these entities who will become employees of Screen Australia, enabling their continued or resumed membership in the Public Sector Superannuation Scheme (PSS) under the Superannuation Act 1990. The geographic reach of this Act is limited to Australia, as it pertains to government entities and their employees within the country. The Declaration amends the Superannuation (PSS) Approved Authority Inclusion Declaration 1995 by including Screen Australia in the list of approved authorities for the purposes of the 1990 Act, thereby extending the scheme's coverage to the new entity. This amendment is effective from 1 July 2008, the date the Declaration commences. The Declaration is a legislative instrument under the Legislative Instruments Act 2003 and does not specify any exclusions, exemptions, or thresholds beyond the amendment it enacts.

Key Provisions

The Superannuation (PSS) Approved Authority Inclusion Amendment Declaration 2008 (No.1) (the Declaration) (Clauses 1-3) modifies the existing list of approved authorities under the Superannuation Act 1990 (1990 Act). Specifically, it amends the Superannuation (PSS) Approved Authority Inclusion Declaration 1995 (Principal Declaration) to include Screen Australia as an approved authority. This addition is crucial as it allows employees of Screen Australia, formed by the merger of the Australian Film Commission, Film Australia Limited, and the Film Finance Corporation, to participate in the Public Sector Superannuation Scheme (PSS) (Clause 3). The Declaration, which comes into effect on 1 July 2008 (Clause 2), ensures continuity of superannuation arrangements for employees transitioning from the previous entities to Screen Australia. The Declaration imposes obligations on the Minister for Superannuation and Corporate Law to declare certain authorities or bodies as approved authorities under the 1990 Act. This formal declaration (Clause 3) enables the inclusion of Screen Australia in the list of approved authorities, ensuring that employees of this new entity are eligible for the PSS. It also places a responsibility on the Department of the Environment, Water, Heritage and the Arts, which was consulted in this process, to ensure that the amendment aligns with the existing legislative framework and does not disrupt existing superannuation arrangements for affected employees. Breach of the obligations under the Declaration could result in employees of Screen Australia being ineligible for PSS membership, which could have significant financial implications for those employees. However, the Declaration itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. The primary consequence of not adhering to the Declaration would be the failure to recognise Screen Australia as an approved authority, thereby excluding its employees from the PSS. This would likely prompt legal action or further legislative amendments to rectify the oversight and ensure compliance with the intended purpose of the Declaration.