Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment)
1996 No. 156
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 156
Issued by the Authority of the Minister for Finance
Superannuation Act 1990
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 an occupational superannuation scheme, known as the Public Sector Superannuation Scheme (the PSS), for Commonwealth employees and for certain other persons.
Persons eligible to contribute under the 1990 Act include persons who are employed under the Public Service Act 1922, 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 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.
The Private Health Insurance Complaints Commissioner (the Commissioner) is incorporated by the National Health Act 1953 and the functions of the Commissioner include dealing with complaints from the public concerning private health benefits funds.
The Australia Foundation for Culture and the Humanities (the Foundation) is a body incorporated as a wholly Commonwealth owned company incorporated under the Corporations Law of the Australian Capital Territory as a public company. The Foundation was developed from the Australia Council to stimulate increased private sector support for the arts. The functions of the Foundation include administering projects and programs to develop culture and the humanities in Australia.
The Commissioner and the Foundation are bodies of a kind described in paragraph (b) of the definition of "approved authority" in section 3 of the 1990 Act. It is appropriate that these authorities be declared to be approved authorities for the purposes of the 1990 Act to enable employees to remain or become members of the PSS scheme.
The Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment)" amends the Principal Declaration by including the Commissioner and the Foundation in the list of bodies declared to be approved authorities for the purposes of the 1990 Act.
Subclause 3.1 of the Declaration which declares the Commissioner as an approved authority commenced on 1 January 1996 and subclause 3.2 of the Declaration which declares the Foundation as an approved authority commenced on 16 January 1996.
Overview
The Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) 1996 No. 156 amends the Superannuation Act 1990 by declaring the Private Health Insurance Complaints Commissioner and the Australia Foundation for Culture and the Humanities as approved authorities under the Act. This amendment was made to ensure that employees of these authorities can remain or become members of the Public Sector Superannuation Scheme (PSS). The declaration is issued by the Minister for Finance and is intended to address the eligibility of certain employees to contribute to the PSS. The amendment is in the form of a statutory rule and was made to bring into effect the changes from the dates specified in the declaration, thereby providing clarity and continuity for those affected by the change.
Scope and Application
The Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) 1996 No. 156 amends the Superannuation (PSS) Approved Authority Inclusion Declaration under the Superannuation Act 1990 to include the Private Health Insurance Complaints Commissioner and the Australia Foundation for Culture and the Humanities as approved authorities for the purposes of the Act. This inclusion facilitates their employees’ eligibility to contribute to the Public Sector Superannuation Scheme (PSS), ensuring continuity or establishment of membership in the PSS. The amendment is designed to extend the benefits of the PSS to additional categories of employees by recognising these entities as approved authorities, thereby allowing their staff to be part of the occupational superannuation scheme. The amendment is effective from specified dates, with the Commissioner being recognised from 1 January 1996 and the Foundation from 16 January 1996. This statutory rule, issued under the authority of the Minister for Finance, adheres to the disallowable instrument provisions of the Acts Interpretation Act 1901 and the Statutory Rules Publication Act 1903.
Key Provisions
The Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) 1996 No. 156 amends the Superannuation (PSS) Approved Authority Inclusion Declaration by including the Private Health Insurance Complaints Commissioner and the Australia Foundation for Culture and the Humanities as approved authorities for the purposes of the Superannuation Act 1990. Section 3.1 of the amendment declares the Commissioner as an approved authority, effective from 1 January 1996, and section 3.2 declares the Foundation as an approved authority, effective from 16 January 1996. These amendments are designed to ensure that employees of these authorities can remain or become members of the Public Sector Superannuation Scheme.
The inclusion of these authorities as approved authorities imposes certain obligations on them. They must comply with the provisions of the Superannuation Act 1990, which governs the operation of the Public Sector Superannuation Scheme. This includes ensuring that their employees are eligible for superannuation benefits and that contributions are made in accordance with the Act. Additionally, these authorities must meet the conditions set out in the definition of "approved authority" to maintain their status.
Failure to comply with the requirements of the Superannuation Act 1990 or the terms of the approved authority declaration can result in legal consequences. While the explanatory statement does not detail specific offences or penalties, breaches of the Act could potentially lead to civil or criminal penalties as stipulated under the legislation. The Act includes provisions for enforcement and compliance measures, which may involve fines, corrective actions, or other legal remedies to ensure adherence to the superannuation scheme regulations.