Superannuation (PSS) Approved Authority Inclusion Declaration No. 12 1994 No. 30
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 30
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 (PSS) scheme, for persons employed by the Commonwealth and certain other persons.
Persons eligible to contribute under the 1990 Act include certain 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 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 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.
The Special Broadcasting Service Act 1991 established the Special Broadcasting Service (SBS) as a statutory authority (replacing the provisions governing its operations contained in the Broadcasting Act 1942). SBS staff are presently employed under the Public Service Act 1922 but after the proclamation of section 54 of the Special Broadcasting Service Act 1991 the SBS will commence engaging employees under it's own terms and conditions. Existing employees will be transferred from employment under the Public Service Act 1922 to employment under the SBS' own terms and conditions. Section 54 is to commence on a date to be proclaimed (expected to be 24 March 1994).
The SBS is a body of a kind described in the definition of approved authority in section 3 of the 1990 Act. It is appropriate that the SBS be declared to be an approved authority 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 No. 12, declares the Special Broadcasting Service to be an approved authority for the purposes of the 1990 Act with effect from the commencement of section 54 of the Special Broadcasting Service Act 1991.
Overview
The Superannuation (PSS) Approved Authority Inclusion Declaration No. 12 1994, issued under the authority of the Minister for Finance, addresses the need to declare the Special Broadcasting Service (SBS) as an approved authority for the purposes of the Superannuation Act 1990. This was necessary to facilitate the transition of SBS employees from the Public Service Act 1922 to the SBS's own terms and conditions, as established by the Special Broadcasting Service Act 1991. The declaration ensures that SBS employees can continue to be eligible for the Public Sector Superannuation (PSS) scheme, thereby maintaining their membership and benefits within the scheme. This Statutory Rule, which is subject to disallowance under the Acts Interpretation Act 1901, is effective from the commencement of section 54 of the Special Broadcasting Service Act 1991.
Scope and Application
The Superannuation (PSS) Approved Authority Inclusion Declaration No. 12, issued under the Superannuation Act 1990, pertains to the inclusion of the Special Broadcasting Service (SBS) as an approved authority for the purposes of the Public Sector Superannuation (PSS) scheme. This declaration, made by the Minister for Finance, allows SBS employees to be eligible for the PSS scheme, ensuring continuity in their superannuation contributions. This Act applies to the SBS as a statutory authority established by the Special Broadcasting Service Act 1991, which will commence engaging employees under its own terms and conditions from a specified date. The declaration ensures that existing and future SBS employees remain or become members of the PSS scheme, thereby maintaining their eligibility under the Superannuation Act 1990. This Statutory Rule, a disallowable instrument under the Acts Interpretation Act 1901, formalises the SBS's inclusion as an approved authority, aligning with the provisions outlined in section 3 of the 1990 Act.
Key Provisions
The key provisions of the Superannuation (PSS) Approved Authority Inclusion Declaration No. 12 (Statutory Rules 1994 No. 30) are primarily centred around the declaration of the Special Broadcasting Service (SBS) as an approved authority under the Superannuation Act 1990 (1990 Act). According to section 3 of the 1990 Act, an approved authority is an entity or body declared in writing by the Minister for Finance, which meets the criteria described in the Act's definition. This declaration, outlined in section 4 of the Statutory Rule, ensures that the SBS is recognised as an approved authority, thereby allowing its employees to be eligible for membership in the Public Sector Superannuation (PSS) scheme. This inclusion is effective from the commencement date of section 54 of the Special Broadcasting Service Act 1991.
The declaration imposes certain obligations on the parties involved, primarily ensuring that the SBS adheres to the terms and conditions set forth in the 1990 Act. This includes providing the necessary framework for SBS employees to contribute to and benefit from the PSS scheme, thereby maintaining their eligibility and participation in the occupational superannuation arrangement. The declaration also mandates that the SBS ensures its employees are informed and aware of their rights and obligations under the PSS scheme as members of an approved authority.
Breach of the terms outlined in the declaration or any failure to comply with the requirements set by the 1990 Act could lead to civil or criminal consequences. Although the Statutory Rule itself does not explicitly state penalties, the 1990 Act and related legislative frameworks provide for various offences and penalties. For instance, non-compliance with the superannuation provisions could result in fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are determined by the courts based on the specific circumstances of the offence, but they can be significant, reflecting the importance of adhering to superannuation laws and regulations.
Overall, the Statutory Rule serves to formally recognise the SBS as an approved authority, facilitating the integration of its employees into the PSS scheme. This integration is crucial for maintaining the continuity and benefits of the superannuation arrangements for those transitioning from the Public Service Act 1922 to the new terms under the Special Broadcasting Service Act 1991. By ensuring that the SBS meets the criteria and obligations of an approved authority, the Rule aims to protect the superannuation rights of its employees and uphold the integrity of the PSS scheme.