Superannuation (PSS) Membership Exclusion Declaration (Amendment) 1995 No. 233
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 233
Issued by the Authority of the Minister for Finance
Superannuation Act 1990
Declaration under paragraph 6(2)(c)
The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to an occupational superannuation scheme known as the Public Sector Superannuation Scheme (the PSS) for Commonwealth employees and certain other persons.
Section 6 of the 1990 Act specifies the persons who are, or who may be, members of the PSS. In accordance with paragraph 6(2)(c), a person declared by the Minister for Finance to be a person to whom section 6 does not apply is not a member of the scheme. Declarations made under paragraph 6(2)(c) are contained in the Superannuation (PSS) Membership Exclusion Declaration (the Principal Declaration).
Section 45 of the 1990 Act provides that a declaration under paragraph 6(2)(c) 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 review of air regulation and safety resulted in the commencement, on 6 July 1995, of the Civil Aviation Legislation Amendment Act 1995 (the CALA Act) (which amends the Civil Aviation Act 1988) and the Air Services Act 1995 (the AA Act). The CALA Act abolishes the Civil Aviation Authority (CAA) and provides for the establishment of the Civil Aviation Safety' Authority (CASA). The AA Act provides for the establishment of Airservices Australia (AA).
PSS membership is to be available to staff and office holders of CASA but will normally not be available to staff or office holders of AA who will be able to join the CAA Superannuation Fund.
The Schedule to the Principal Declaration describes persons for whom PSS membership is not available. Item 22 of the Schedule prohibits PSS membership for persons who hold a statutory office under any of the Acts listed in that item. Membership of the PSS has not been made available to the holders of certain statutory offices where alternative superannuation arrangements are available to them. Generally, this applies where PSS membership is not available to staff of the body to which that office relates, for example, in the case of CAA.
The Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Membership Exclusion Declaration (Amendment)" amends the Schedule to the Principal Declaration by replacing item 22 so that the reference to a statutory office with CAA under the CAA Act is omitted and a reference to a statutory office under the AA Act is included.
This Declaration commenced on 6 July 1995.
Overview
The Superannuation (PSS) Membership Exclusion Declaration (Amendment) 1995 No. 233, issued under the authority of the Minister for Finance, was enacted to address the issue of superannuation membership for specific statutory offices following the restructuring of air regulation and safety oversight. This amendment to the Superannuation Act 1990 was necessitated by the commencement of the Civil Aviation Legislation Amendment Act 1995 and the Air Services Act 1995, which resulted in the establishment of the Civil Aviation Safety Authority and Airservices Australia. The primary objective of this amendment is to align the exclusion criteria for PSS membership with the new regulatory framework, ensuring that superannuation membership is available to appropriate personnel while excluding those for whom alternative arrangements exist, such as staff of Airservices Australia.
Scope and Application
The Superannuation (PSS) Membership Exclusion Declaration (Amendment) 1995 No. 233 amends the Superannuation (PSS) Membership Exclusion Declaration under the Superannuation Act 1990, modifying the criteria for exclusion from the Public Sector Superannuation Scheme (PSS). The PSS is an occupational superannuation scheme for Commonwealth employees and certain other persons. The Amendment specifies that PSS membership will be available to staff and office holders of the Civil Aviation Safety Authority (CASA), which was established under the Civil Aviation Legislation Amendment Act 1995, but will not be available to staff or office holders of Airservices Australia (AA), which was established under the Air Services Act 1995. The Amendment clarifies the exclusion of certain statutory office holders from PSS membership by replacing the reference to a statutory office under the Civil Aviation Act 1988 with a reference to a statutory office under the Air Services Act 1995. This change was necessitated by the structural reforms in the aviation sector, which led to the establishment of CASA and AA. The amendment took effect on 6 July 1995, aligning with the commencement of the new Acts.
Key Provisions
The Superannuation (PSS) Membership Exclusion Declaration (Amendment) 1995 No. 233 amends the existing Superannuation (PSS) Membership Exclusion Declaration under the Superannuation Act 1990. The main operative sections of this amendment (sections 2 and 3) revise the exclusion criteria for membership in the Public Sector Superannuation Scheme (PSS), specifically regarding statutory office holders under the Air Services Act 1995 and the Civil Aviation Legislation Amendment Act 1995. Section 2 details the amendments made to the Schedule of the Principal Declaration, effectively excluding certain statutory office holders from PSS membership. Section 3 ensures that these amendments take effect from the commencement date of 6 July 1995, aligning with the legislative changes introduced by the CALA Act and the AA Act.
The amendment imposes specific obligations on the Minister for Finance to ensure that the updated declaration accurately reflects the current legislative framework. This involves ensuring that statutory office holders under the new Airservices Australia, as established by the AA Act, are excluded from PSS membership unless otherwise specified. The Minister must also ensure that these changes are properly documented and published as Statutory Rules, as required by the Statutory Rules Publication Act 1903. This ensures that the exclusion criteria are clearly communicated and legally binding.
In terms of consequences for breach, section 45 of the Superannuation Act 1990 stipulates that any declaration made under paragraph 6(2)(c) is a disallowable instrument, meaning it can be reviewed and potentially disallowed by Parliament. The amendment does not introduce new offences or penalties; however, any failure by the Minister to correctly apply the updated exclusion criteria could lead to legal challenges regarding the validity of the exclusions. The potential civil or criminal consequences for such breaches would depend on the specific context and any additional legislative provisions that might apply.