Superannuation (PSS) Approved Authority Inclusion Declaration No. 6 1992 No.
77
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 77
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) provides for the new superannuation scheme for Commonwealth employees and certain other persons to operate from 1 July 1990. Members of the Commonwealth superannuation scheme which was established under the Superannuation Act 1976 had the option, to be exercised between 1 July 1990 and 30 June 1991, of remaining members of that scheme or of transferring to the new scheme.
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 by the Minister for Finance 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 Aboriginal and Torres Strait Islander Commercial Development Corporation was established by the Aboriginal and Torres Strait Islander Commission Act 1989 as a body corporate with power to engage its own employees and commenced engaging employees from 5 March 1990.
The Australian Fisheries Management Authority was established by the Fisheries Administration Act 1991 as a body corporate with power to engage its own employees and commenced engaging employees from 3 February 1992.
The Grains Research and Development Corporation was established under the Primary Industries and Energy Research and Development Act 1989 as a body corporate with power to engage its own employees and commenced engaging employees in January 1991.
Totalcare Industries Limited is a company incorporated under the Corporations Act 1989 which on 1 January 1992 became a Territory Owned Corporation under the provisions of the Australian Capital Territory Territory Owned Corporations Act 1990.
The Aboriginal and Torres Strait Islander commercial Development Corporation, the Australian Fisheries Management Authority, the Grains Research and Development Corporation and Totalcare Industries Limited are bodies of a kind described in the definition of approved authority in section 3 of the 1990 Act. It is appropriate that the four bodies be declared to be approved authorities for the purposes of that Act to enable their staff to remain or become members of the scheme established under the Act.
The Declaration contained in the Statutory Rule, and cited as Superannuation (PSS) Approved Authority Inclusion Declaration No. 6, declares the Aboriginal and Torres Strait Islander Commercial Development Corporation and the Grains Research and Development Corporation to be approved authorities for the purposes of the 1990 Act with the maximum retrospectivity available under that Act. The Declaration also declares Totalcare Industries Limited and the Australian Fisheries Management Authority to be approved authorities for the purposes of the 1990 Act with effect from 1 January 1992 and 3 February 1992 respectively.
Overview
The Superannuation (PSS) Approved Authority Inclusion Declaration No. 6, 1992, is an instrument enacted under the Superannuation Act 1990. It was issued under the authority of the Minister for Finance to address the need for specific authorities and bodies to be recognised as approved authorities for the purposes of the superannuation scheme established by the Act. The 1990 Act introduced a new superannuation scheme for Commonwealth employees and other eligible persons, providing them with the option to transfer from the previous scheme to the new one. This declaration aims to ensure that employees of certain specified authorities and bodies can participate in the new superannuation scheme by formally recognising these entities as approved authorities. The inclusion of the Aboriginal and Torres Strait Islander Commercial Development Corporation, the Australian Fisheries Management Authority, the Grains Research and Development Corporation, and Totalcare Industries Limited as approved authorities enables their staff to remain or become members of the superannuation scheme.
Scope and Application
The Superannuation (PSS) Approved Authority Inclusion Declaration No. 6, 1992 No. 77 applies to the inclusion of certain bodies as approved authorities under the Superannuation Act 1990, thereby enabling their employees to remain or transfer into the new superannuation scheme. The Act applies to the Aboriginal and Torres Strait Islander Commercial Development Corporation, the Australian Fisheries Management Authority, the Grains Research and Development Corporation, and Totalcare Industries Limited, which are bodies established under various Australian statutes and have the capacity to engage their own employees. The geographic reach of this Act is national, as it pertains to Commonwealth legislation. The declaration allows these bodies to be recognised as approved authorities, thereby ensuring their employees can participate in the new superannuation scheme established under the 1990 Act. The Act extends its application through the Statutory Rules, with specific commencement dates for each declared authority, as stipulated in the Statutory Rules Publication Act 1903. The declaration itself is a disallowable instrument under the Acts Interpretation Act 1901, subject to the requirements of section 46A of that Act.
Key Provisions
The Superannuation (PSS) Approved Authority Inclusion Declaration No. 6, 1992 No. 77, is a statutory rule made under the Superannuation Act 1990, declaring specific authorities and bodies as approved authorities for the purposes of the Act. Section 3 of the 1990 Act defines "approved authority" and includes authorities or bodies declared in writing by the Minister for Finance. Section 45 of the 1990 Act specifies that such declarations can be made retrospectively, provided they take effect no earlier than 12 months before the making of the declaration. The Declaration declares the Aboriginal and Torres Strait Islander Commercial Development Corporation, the Australian Fisheries Management Authority, the Grains Research and Development Corporation, and Totalcare Industries Limited as approved authorities for the purposes of the Act, enabling their staff to remain or become members of the superannuation scheme established under the Act.
The obligations imposed by the Declaration are primarily administrative. The Minister for Finance is required to declare certain bodies as approved authorities, as defined in section 3 of the 1990 Act. This declaration is intended to facilitate the transition of employees from the old superannuation scheme under the Superannuation Act 1976 to the new scheme under the 1990 Act. By declaring these bodies as approved authorities, the Minister ensures that the employees of these entities can participate in the new superannuation scheme. The declaration must be made in writing and may include a retrospective effect, as permitted by section 45 of the 1990 Act.
Breaching the provisions of the Superannuation Act 1990 or the Statutory Rules Publication Act 1903 can result in civil or criminal consequences. Under the Acts Interpretation Act 1901, a disallowable instrument such as this declaration can be subject to disallowance by either House of Parliament within 40 sitting days of the instrument being tabled. This process is a check on executive power, ensuring that the legislative intent is properly exercised. If the declaration is disallowed, it ceases to have effect, but this is a rare occurrence. Additionally, any failure to properly follow the statutory requirements for making such a declaration could lead to legal challenges regarding the validity of the declaration, potentially affecting the eligibility of employees of the declared bodies to participate in the superannuation scheme.