Superannuation (PSS) Approved Authority Inclusion Declaration No. 11 1994 No. 14
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 14
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 Act) makes provision for and in relation to an occupational superannuation scheme, the Public Sector Superannuation (PSS) scheme for persons employed by the Commonwealth and certain other persons.
Persons eligible to contribute under the 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 the Act, being an authority or body of a kind described in the definition.
Section 45 of the 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 Wool Legislation (Repeals and Consequential Provisions) Act 1993 provides for the transition of staff from the replaced wool organisations (Australian Wool Corporation and Wool Research and Development Corporation) to the Australian Wool Research and Promotion Organisation on 1 December 1993. Section 38 of that Act provides that a document in which reference is made to the Australian Wool Corporation or the Wool Research and Development Corporation continues in force after the commencement of that Act but has effect as if a reference in the document to either body was a reference to the Australian Wool Research and Promotion Organisation. Statutory Rules 1991 No. 394 declared the Wool Research and Development Corporation an approved authority for the purposes of section 3 of the Act. Therefore, by virtue of section 38 of the Wool Legislation (Repeals and Consequential Provisions) Act 1993, the Australian Wool Research and Promotion Organisation is an approved authority for the purposes of the PS S.
Arrangements have been put in place to permit former employees of the Wool Research and Development Corporation who were PSS scheme members to continue membership of the PSS scheme while they are employed by the Australian Wool Research and Promotion Organisation. However, new employees are required to join the Australian Wool Corporation Provident Fund and are not permitted therefore to become PSS scheme members. In these circumstances it is inappropriate for the new body to remain an approved authority.
The declaration contained in the Statutory Rules, and cited as Superannuation (PSS) Approved Authority Inclusion Declaration No 11, repeals Statutory Rules 1991 No 394, in order to ensure that the Australian Wool Research and Promotion Organisation is not taken to be an approved authority by virtue of section 38 of the Wool Legislation (Repeals and Consequential Provisions) Act 1993.
The declaration is expressed to be taken to have commenced on 1 December 1993 (the date of commencement of the Wool Legislation (Repeals and Consequential Provisions) Act 1993). Arrangements for continued PSS membership for existing PSS members is contained in the Superannuation (PSS) Membership Inclusion Declaration No. 11 which also commenced retrospectively on 1 December 1993.
Written requests have been received from each of the employees concerned that they be permitted to continue their membership of the PSS scheme after transferring. The appropriate employer and employee contributions have been paid in full up to the date of the making of this Declaration. In these circumstances, the retrospectivity of the membership arrangements complies with subsection 48(2) of the Acts Interpretation Act 1901 in that the rights of the employees concerned are not affected in a manner prejudicial to them nor are liabilities imposed on them.
Overview
The Superannuation (PSS) Approved Authority Inclusion Declaration No. 11, issued in 1994, was enacted to address the transition and legal continuity issues arising from the dissolution of the Australian Wool Corporation and Wool Research and Development Corporation, and their replacement by the Australian Wool Research and Promotion Organisation. This Statutory Rule was issued under the authority of the Minister for Finance and is made pursuant to the Superannuation Act 1990. The policy objective of this Declaration is to ensure that the Australian Wool Research and Promotion Organisation is not erroneously considered an approved authority for the purposes of the Public Sector Superannuation (PSS) scheme, thereby preventing new employees from joining the PSS scheme when they should be enrolled in the Australian Wool Corporation Provident Fund. The Declaration effectively repeals a previous rule that had declared the Wool Research and Development Corporation an approved authority, aligning the legislative framework with the new organisational structure and ensuring the correct superannuation arrangements for employees of the new entity.
Scope and Application
The Superannuation (PSS) Approved Authority Inclusion Declaration No. 11, issued under the Superannuation Act 1990, pertains to the Public Sector Superannuation (PSS) scheme, which provides superannuation benefits for persons employed by the Commonwealth and certain other specified individuals. This statutory rule, made by the Minister for Finance, declares an approved authority for the purposes of the Act. An approved authority is defined as an entity declared in writing by the Minister for Finance, aligning with the description provided in the Act. Notably, this declaration revokes the previous declaration that recognised the Wool Research and Development Corporation as an approved authority. This change is due to the transition of staff from the Australian Wool Corporation and the Wool Research and Development Corporation to the Australian Wool Research and Promotion Organisation under the Wool Legislation (Repeals and Consequential Provisions) Act 1993. The declaration, which took effect from 1 December 1993, ensures that the Australian Wool Research and Promotion Organisation is no longer considered an approved authority. The declaration aligns with the statutory requirements and ensures compliance with the Acts Interpretation Act 1901, particularly with regard to the retrospective effect of the membership arrangements, which safeguards the rights and obligations of the affected employees without imposing any prejudicial liabilities on them.
Key Provisions
The Superannuation (PSS) Approved Authority Inclusion Declaration No 11, 1994, under the Superannuation Act 1990, primarily involves the removal of the Australian Wool Research and Promotion Organisation as an approved authority for the purposes of the Public Sector Superannuation (PSS) scheme. This means that new employees of this organisation will not be permitted to join the PSS scheme. However, existing PSS members who were employed by the Wool Research and Development Corporation will continue their membership in the PSS scheme. This change ensures that the organisation is no longer considered an approved authority, effectively altering the eligibility criteria for new employees joining the PSS scheme.
The declaration imposes certain obligations on parties governed by the Act. It requires the Australian Wool Research and Promotion Organisation to cease being an approved authority, thereby impacting the eligibility of its new employees for the PSS scheme. Furthermore, it mandates that existing employees who were members of the PSS scheme prior to the transition from the Wool Research and Development Corporation to the Australian Wool Research and Promotion Organisation can continue their membership in the PSS scheme. These obligations ensure that the legislative changes are implemented correctly and that the rights of existing PSS members are preserved.
Breaching the provisions of the Superannuation Act 1990 may result in various consequences, including both civil and criminal penalties. The Act provides for fines and imprisonment in cases of serious breaches, such as unauthorised contributions or improper withdrawals. The maximum penalties for such offences can vary depending on the severity of the breach. Additionally, the Act may also impose administrative penalties for non-compliance, such as the failure to make required contributions or to report changes in membership status. These consequences serve to enforce the compliance with the Act and to protect the integrity of the PSS scheme.