Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment)
1997 No. 229
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 229
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 occupation superannuation scheme, known as the Public Sector Superannuation Scheme (the PSS), for Commonwealth employees and 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.
Health Services Australia (HSA) is a 100% Commonwealth owned company limited by shares which came into being as a result of the restructuring of the Australian Government Health Service (AGHS). Adelaide Symphony Orchestra Pty Ltd., Melbourne Symphony Orchestra Pty Ltd., and Symphony Australia Holdings Pty Ltd. are three new wholly owned subsidiaries of the ABC,
All four bodies were established on 1 July 1997 under Corporations Law. They are bodies of a kind described in paragraph (b) of the definition of "approved authority" in section 3 of the 1976 Act. It is appropriate that HSA and the three new companies of the ABC be declared to be approved authorities for the purposes of the 1990 Act to enable employees to continue, or commence, membership of the PSS.
The Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment)" amends the Principal Declaration by including Health Services Australia, Adelaide Symphony Orchestra Pty Ltd., Melbourne Symphony Orchestra Pty Ltd. and Symphony Australia Holdings Pty Ltd. in the list of bodies declared by the Minister for Finance to be approved authorities for the purposes of the 1976 Act.
The Declaration commenced on 1 July 1997.
Overview
The Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) 1997 No. 229 was enacted to address the need for including new entities in the list of approved authorities under the Superannuation Act 1990. The 1990 Act established the Public Sector Superannuation Scheme (PSS) for Commonwealth employees and others, including employees of bodies designated as approved authorities. The amendment was necessary to incorporate new entities, such as Health Services Australia, Adelaide Symphony Orchestra Pty Ltd., Melbourne Symphony Orchestra Pty Ltd., and Symphony Australia Holdings Pty Ltd., into the scheme. This Statutory Rule, issued under the authority of the Minister for Finance, aims to ensure that employees of these newly established entities are eligible for membership in the PSS. By declaring these bodies as approved authorities, the amendment facilitates the continuation or initiation of PSS membership for their employees, thereby maintaining the integrity and scope of the superannuation scheme.
Scope and Application
The Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) 1997 No. 229 amends the Superannuation (PSS) Approved Authority Inclusion Declaration to include additional entities as approved authorities under the Superannuation Act 1990. This Act pertains to the Public Sector Superannuation Scheme (PSS), which is a superannuation scheme for Commonwealth employees and other eligible persons, including those employed by an approved authority as defined in the Act. The amendment is intended to allow employees of the newly established entities—Health Services Australia, Adelaide Symphony Orchestra Pty Ltd., Melbourne Symphony Orchestra Pty Ltd., and Symphony Australia Holdings Pty Ltd.—to continue or commence membership in the PSS. These entities were established under Corporations Law on 1 July 1997 and are considered bodies of a kind described in the definition of "approved authority" within the Act. The amendment takes effect from the same date, ensuring continuity in superannuation scheme participation for employees of these newly included entities.
Key Provisions
The Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) 1997 No. 229 (the Amendment) amends the existing Principal Declaration under section 3 of the Superannuation Act 1990 (the 1990 Act) by including Health Services Australia, Adelaide Symphony Orchestra Pty Ltd., Melbourne Symphony Orchestra Pty Ltd., and Symphony Australia Holdings Pty Ltd. in the list of bodies declared to be approved authorities for the purposes of the Public Sector Superannuation Scheme (PSS). This amendment allows employees of these entities to contribute to and participate in the PSS. The Amendment ensures that these new entities, which are of a kind described in the definition of "approved authority" in section 3 of the 1990 Act, are now eligible to be included in the PSS. The amendment took effect on 1 July 1997.
The Amendment imposes obligations on the entities named—Health Services Australia, Adelaide Symphony Orchestra Pty Ltd., Melbourne Symphony Orchestra Pty Ltd., and Symphony Australia Holdings Pty Ltd.—to comply with the requirements of the 1990 Act in relation to the PSS. These obligations include facilitating the enrolment of eligible employees in the PSS, ensuring that contributions are made in accordance with the scheme’s rules, and providing necessary information and support to employees regarding their superannuation entitlements and benefits. The Minister for Finance, who has the authority to make such declarations, must ensure that these entities meet the criteria specified in the 1990 Act before they can be included in the list of approved authorities.
Failure to comply with the provisions of the 1990 Act, including the failure to ensure that employees are correctly enrolled in the PSS or that contributions are made as required, may result in civil or criminal consequences. Under the 1990 Act, breaches of the statutory obligations can lead to penalties. The maximum penalties for non-compliance can include substantial fines and, in certain cases, imprisonment. The precise penalties are determined by the nature and severity of the breach, as well as any relevant provisions within the 1990 Act or other applicable laws. It is crucial that the entities named in the Amendment adhere to the legislative requirements to avoid these potential consequences.