Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) 1995 No. 230
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 230
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, the Public Sector Superannuation Scheme (the PSS), for persons employed by the Commonwealth and certain other persons.
Persons eligible to contribute under the 1990 Act include certain persons 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 body that is declared in writing by the Minister for Finance to be an approved authority for the purposes of that Act, being an authority 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 review of air regulation and safety resulted in the commencement, on 6 July 1995, of the Civil Aviation Legislation Amendment Act 1995 (the CALA Act) (which amends the Civil Aviation Act 1988) and the Air Services Act 1995 (the AA Act). The CALA Act abolishes the Civil Aviation Authority (CAA) and provides for the establishment of the Civil Aviation Safety Authority (CASA). The AA Act provides for the establishment of Airservices Australia (AA).
CAA staff have generally been required to join the CAA Superannuation Fund (CAASF), although some staff retained membership of the Commonwealth Superannuation Scheme (CSS) (provided for by the Superannuation Act 1976). PSS membership has been available to staff of CAA in limited circumstances only. CASA staff will be permitted to retain CSS or CAASE membership or become members of the PSS. New employees of CASA may become, or may be permitted to become, PS S members.
The Declaration contained in the Statutory Rule, and cited as "Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment)" amends the Principal Declaration by inserting CASA in the fist of bodies declared to be approved authorities for the purposes of the 1990 Act.
The Declaration commenced on 6 July 1995.
Overview
The Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) 1995 No. 230 was enacted to address the transition in regulatory responsibilities from the Civil Aviation Authority (CAA) to the newly established Civil Aviation Safety Authority (CASA) and Airservices Australia (AA), as part of the legislative reforms introduced by the Civil Aviation Legislation Amendment Act 1995 and the Air Services Act 1995. This Statutory Rule was issued under the authority of the Minister for Finance and is an amendment to the Superannuation Act 1990, specifically altering the definition of "approved authority" to include CASA. The policy objective is to ensure continuity in superannuation arrangements for employees transitioning from the CAA to CASA, allowing them to remain in or join the Public Sector Superannuation Scheme (PSS). The amendment was made effective from 6 July 1995, aligning with the commencement of the new regulatory framework.
Scope and Application
The Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) 1995 No. 230 amends the existing Principal Declaration to include the Civil Aviation Safety Authority (CASA) as an approved authority for the purposes of the Superannuation Act 1990. This legislative amendment ensures that CASA staff are included in the scope of the Public Sector Superannuation Scheme (PSS), offering them the option to join the PSS instead of being restricted to the Commonwealth Superannuation Scheme (CSS) or the Civil Aviation Authority Superannuation Fund (CAASE). The amendment was necessitated by the restructuring of civil aviation regulation and safety, which led to the establishment of CASA and Airservices Australia, as outlined in the Civil Aviation Legislation Amendment Act 1995 and the Air Services Act 1995. The amendment, which took effect on 6 July 1995, is a Statutory Rule that can be disallowed under the Acts Interpretation Act 1901, and it allows CASA staff to join the PSS, broadening their superannuation options.
Key Provisions
The Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) 1995 No. 230 amends the principal declaration under the Superannuation Act 1990 (the 1990 Act) by adding the Civil Aviation Safety Authority (CASA) to the list of bodies recognised as approved authorities for the purposes of the Public Sector Superannuation Scheme (PSS) (sections 3 and 45). This amendment ensures that CASA staff have access to the PSS, providing them the option to join the scheme along with retaining membership of the Commonwealth Superannuation Scheme (CSS) or the Civil Aviation Authority Superannuation Entity (CAASE) (section 3).
The Act imposes obligations on CASA to comply with the provisions of the 1990 Act, ensuring that their employees who choose to join the PSS are eligible for the benefits and contributions outlined in the Act (section 45). CASA must also ensure that any new employees are informed of their options regarding superannuation schemes, including the PSS, CSS, and CAASE.
Breaches of the Act or failure to comply with its provisions may result in civil or criminal consequences. The specific offences and penalties are not detailed in the explanatory statement, but under the 1990 Act, penalties can include fines and other sanctions for non-compliance with superannuation requirements. The exact penalties would depend on the nature and severity of the breach, as outlined in the broader legal framework governing superannuation schemes in Australia.