Superannuation (PSS) Membership Exclusion Declaration (Amendment) (25/11/1997)

Overview

The Superannuation (PSS) Membership Exclusion Declaration (Amendment) 1997 No. 324, issued under the authority of the Minister for Finance and Administration, amends the existing Superannuation (PSS) Membership Exclusion Declaration to reflect the transfer of the University of Canberra from Commonwealth to Australian Capital Territory (ACT) jurisdiction. Enacted in 1997, the Superannuation Act 1990 established the Public Sector Superannuation Scheme (PSS) for Commonwealth employees and certain other persons, with Section 6 defining the individuals eligible for membership. The amendments are designed to exclude specific statutory office holders at the University of Canberra from PSS membership following the university's transfer to the ACT. The policy objective is to ensure continuity in the exclusion criteria for PSS membership for these office holders as per the original intent of the Superannuation Act 1990.

Scope and Application

The Superannuation (PSS) Membership Exclusion Declaration (Amendment) 1997 No. 324 applies to the exclusion of certain individuals from membership in the Public Sector Superannuation Scheme (PSS), specifically targeting statutory office holders at the University of Canberra. This statutory rule amends the schedule to the principal declaration under the Superannuation Act 1990 to reflect the transfer of the University of Canberra from Commonwealth jurisdiction to that of the Australian Capital Territory (ACT). This amendment ensures continuity in the exclusion of specified individuals from PSS membership despite the jurisdictional change. The amendment is effective from 1 December 1997, aligning with the transfer of the University of Canberra as per the Education Legislation Amendment Act 1997. The Declaration is a disallowable instrument under the Acts Interpretation Act 1901 and a Statutory Rule under the Statutory Rules Publication Act 1903.

Key Provisions

The main sections of the Superannuation (PSS) Membership Exclusion Declaration (Amendment) 1997 No. 324 provide for the amendment of the existing Superannuation (PSS) Membership Exclusion Declaration. This amendment is necessary to reflect the legislative transfer of the University of Canberra from Commonwealth jurisdiction to the Australian Capital Territory (ACT). Specifically, section 2 of the Statutory Rule removes the reference to the "University of Canberra Act 1987" and adds a new reference to the "University of Canberra Act 1989 of the Australian Capital Territory" (section 2). These changes are designed to ensure that the statutory office holders at the University of Canberra continue to be excluded from membership in the Public Sector Superannuation Scheme (PSS) post-transfer. The obligations and requirements imposed by the Act on the parties and entities it governs are primarily administrative in nature. The Act mandates that the Minister for Finance and Administration must make a declaration under paragraph 6(2)(c) of the Superannuation Act 1990, specifying persons who are excluded from membership in the PSS. This declaration is a disallowable instrument under the Acts Interpretation Act 1901 and a Statutory Rule under the Statutory Rules Publication Act 1903. The Act requires the Minister to update the exclusion list to reflect legislative changes, such as the transfer of the University of Canberra to the ACT. The Declaration must be published and take effect on the date specified, which in this case is 1 December 1997. In terms of consequences for breach, the Superannuation Act 1990 and related statutory rules do not explicitly outline offences, penalties, or consequences for non-compliance with the exclusion declarations. However, the Act’s purpose is to ensure that only eligible members participate in the PSS, and deviations from these provisions could potentially lead to improper benefits being received by ineligible individuals. This could result in the need for the recovery of benefits and possible administrative or legal actions to rectify the situation. The precise legal and financial consequences would depend on the context and specifics of any non-compliance, as well as any additional regulations or guidelines provided by the relevant authorities.