EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 165
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1990
DECLARATION UNDER DEFINITION OF “TEMPORARY EMPLOYEE” IN SECTION 3
The Superannuation Act 1990 (the Act) provides for the new superannuation scheme for Commonwealth employees to operate from 1 July 1990. The current Commonwealth superannuation scheme is provided for by the Superannuation Act 1976. Generally, members of the current scheme are to have the option, to be exercised during the period of 12 months from 1 July 1990, of remaining members of that scheme or of transferring to the new scheme.
In accordance with section 8 of the Act, those who may become members of the new scheme include persons who are temporary employees. The term “temporary employee” is defined in section 3 of the Act as a person who is an employee for the purposes of the Public Service Act 1922 and any other person employed, otherwise then in a permanent capacity, by the Commonwealth or an approved authority for the purposes of the Act. In accordance with the definition, the term does not include a person engaged or appointed for employment outside Australia other than such a person who is declared by the Minister for Finance to be a person to whom the definition applies.
In accordance with section 45 of the Act, a declaration for the purposes of the definition of “temporary employee” in section 3 is to be 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 Declaration contained in the Statutory Rule and cited as “Temporary Employee Declaration No 1”, declares the following to be persons to whom the definition applies-
(a) certain persons employed in the Cocos (Keeling) Islands on or before 6 April 1978 who became members of the current Commonwealth superannuation scheme on that date; and
(b) a person appointed as the representative of the Government of Australia, or the Australian representative of Her Majesty, in another country who immediately before being so appointed was a member of either the current or the new superannuation scheme for Commonwealth employees.
This will enable such persons to become, or remain, members of the new scheme. They are able to be members of the current scheme by virtue of a direction by the Minister for Finance under the somewhat similar definition of “temporary employee” in subsection 3(1) of the Superannuation Act 1976.
Section 3 of the Act came into operation on Royal Assent (7 June 1990). The Declaration operates from the date of its gazettal.