EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance and Deregulation
Superannuation Act 1990
Declaration under section 3
The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to the Public Sector Superannuation Scheme (PSS) for Australian Government employees and certain other persons.
Section 6 of the 1990 Act specifies the various persons who may become members of the PSS. Accordingly, persons who come within the definition of “temporary employee” may become members of the PSS.
The term “temporary employee” is defined in section 3 of the 1990 Act as a person employed otherwise than in a permanent capacity by the Commonwealth or by an approved authority, but does not include a person who is engaged or appointed for employment outside Australia only (other than such a person who is declared, in writing, by the Minister to be a person to whom the definition of “temporary employee” applies).
The purpose of the Superannuation (PSS) Temporary Employee Declaration 2011 (No.1) (the Declaration) is to declare persons who are engaged as Australian Civilian Corps (ACC) employees for employment outside Australia only, and who were members of the PSS immediately before becoming so engaged, to be temporary employees for the purposes of the 1990 Act. The Declaration enables PSS members to continue their PSS membership while engaged as ACC employees for employment outside Australia only.
AusAID was consulted on the amendments contained in the Declaration.
The Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and is subject to disallowance in accordance with subsection 45(2) of the 1990 Act.
The Declaration commences immediately after the commencement of Part 3 of the Australian Civilian Corps Act 2011.
The details of the Declaration are explained in the Attachment.
ATTACHMENT
SUPERANNUATION (PSS) TEMPORARY EMPLOYEE DECLARATION 2011 (No.1)
Section 1 – Name of Declaration
This section provides that the name of the Declaration is the Superannuation (PSS) Temporary Employee Declaration 2010 (No.1).
Section 2 – Commencement
This section provides for the Declaration to commence immediately after the commencement of Part 3 of the Australian Civilian Corps Act 2011.
Section 3 – Temporary Employees
This section provides that persons who were PSS members engaged for employment outside Australia as Australian Civilian Corps employees are “temporary employees” for the purposes of the 1990 Act. This enables such persons to continue their membership of the PSS during engagement as Australian Civilian Corps employees in employment outside Australia only.