Superannuation (PSS) Approved Authority Inclusion Declaration No. 14 1994 No. 398
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 398
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 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 Australian International Hotel School was established by the Canberra Institute of Technology Act 1987 and commenced employing staff from 1 December 1994. It is a body of a kind described in the definition of approved authority in subsection 3 of the 1990 Act. It is appropriate that the body be declared to be an approved authority for the purposes of that Act to enable its 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. 14, declares the Australian International Hotel School to be an approved authority for the purposes of the 1990 Act with effect from 1 December 1994.
Overview
The Superannuation (PSS) Approved Authority Inclusion Declaration No. 14 was enacted in 1994 under the Superannuation Act 1990, aiming to address the need for specific entities to be recognised as approved authorities within the public sector superannuation (PSS) scheme. The declaration, issued by the Minister for Finance, specifies that the Australian International Hotel School, which was established under the Canberra Institute of Technology Act 1987 and began employing staff from 1 December 1994, is included as an approved authority. This inclusion ensures that employees of the Australian International Hotel School are eligible to participate in the PSS scheme, aligning with the broader policy objective of the 1990 Act to provide occupational superannuation benefits to eligible persons employed by the Commonwealth and certain other bodies. The Statutory Rule, declared as Superannuation (PSS) Approved Authority Inclusion Declaration No. 14, effectively makes the Australian International Hotel School an approved authority from 1 December 1994, facilitating the enrolment of its staff in the PSS scheme.
Scope and Application
The Superannuation (PSS) Approved Authority Inclusion Declaration No. 14 1994 No. 398 is a Statutory Rule made under the Superannuation Act 1990, declaring the Australian International Hotel School to be an approved authority for the purposes of that Act, effective from 1 December 1994. This declaration enables employees of the Australian International Hotel School, which was established by the Canberra Institute of Technology Act 1987, to participate in the Public Sector Superannuation (PSS) scheme. The PSS scheme is an occupational superannuation scheme for persons employed by the Commonwealth and certain other specified entities, including those declared as approved authorities under the Act. The declaration is issued by the Minister for Finance and is a disallowable instrument under the Acts Interpretation Act 1901 and a Statutory Rule under the Statutory Rules Publication Act 1903. This inclusion ensures that eligible employees of the Australian International Hotel School can remain or become members of the PSS scheme, aligning with the provisions outlined in the Superannuation Act 1990.
Key Provisions
The Superannuation (PSS) Approved Authority Inclusion Declaration No. 14, made under the authority of the Minister for Finance, declares the Australian International Hotel School as an approved authority for the purposes of the Superannuation Act 1990 (section 4). This declaration is necessary to ensure that employees of the Australian International Hotel School, which commenced employing staff on 1 December 1994, are eligible to participate in the Public Sector Superannuation (PSS) scheme. The declaration aligns with the definition of "approved authority" in section 3 of the 1990 Act, which includes certain authorities or bodies that can be declared in writing by the Minister for Finance. The declaration is effective from 1 December 1994, the date the Australian International Hotel School began employing staff.
Under the Superannuation Act 1990, the obligations and requirements imposed by this declaration include ensuring that employees of the Australian International Hotel School can contribute to the PSS scheme, thereby maintaining their eligibility and benefits as prescribed by the Act. The declaration facilitates the continuity of superannuation arrangements for these employees, aligning their superannuation contributions and benefits with the PSS scheme. This declaration also ensures that the Australian International Hotel School complies with the necessary legal requirements to be recognised as an approved authority, thus enabling its employees to benefit from the PSS scheme as if they were employed by the Commonwealth.
In terms of compliance, any failure to adhere to the provisions of this declaration could result in significant consequences for the Australian International Hotel School and its employees. Since the declaration is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, it is subject to parliamentary disallowance. If the declaration is not followed correctly, it could potentially lead to employees losing their eligibility for the PSS scheme, which could have financial and legal implications for both the institution and its staff. The exact penalties for non-compliance are not specified in the declaration itself but would generally involve administrative and possibly legal actions to rectify any breaches.