Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

SUPERANNUATION (CSS) APPROVED AUTHORITY DECLARATION (AMENDMENT) 1995 NO. 282

STATUTORY RULES 1995 No. 282

Issued by the Authority of the Minister for Finance

Superannuation Act 1976

Declaration under paragraph (a) of the definition of "Approved Authority" in subsection 3(1)

The Superannuation Act 1976 (the 1976 Act) makes provision for and in relation to an occupational superannuation scheme (the CSS) for Commonwealth employees and certain other persons.

Persons eligible to contribute under the 1976 Act include persons who are employed under the Public Service Act 1922, as well as persons who are employed by an "approved authority". In accordance with paragraph (a) of the definition of "approved authority" in subsection 3(1) of that Act, an approved authority includes an authority or other body declared 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. Declarations made under paragraph (a) of the definition of approved authority are contained in the Superannuation (CSS) Approved Authority Declaration (the Principal Declaration).

Section 4A of the 1976 Act provides that such a declaration 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 Australian Maritime Safety Authority Act 1990 (the AMSA Act) established the Australian Maritime Safety Authority (AMSA) as a statutory authority. Prior to 27 July 1995, section 55 of the AMSA Act provided that AMSA staff were employed under the Public Service Act 1922. However, on 27 July 1995, the Transport Legislation Amendment Act 1995 amended the AMSA Act by repealing section 55 of that Act and substituting a section which provides that staff of AMSA are employed under the AMSA Act. Persons employed by AMSA immediately before 27 July 1995 and new employees of AMSA will be employed under AMSA's own terms and conditions.

AMSA is a body of a kind described in the definition of approved authority in section 3(1) of the 1976 Act. It is appropriate that AMSA be declared to be an approved authority for the purposes of the 1976 Act to enable employees to remain or become members of the CSS scheme.

The declaration contained in the Statutory Rule, and cited as "Superannuation (CSS) Approved Authority Declaration (Amendment)" amends the Principal Declaration by inserting AMSA in the list of bodies declared to be approved authorities for the purposes of the 1976 Act.

The Declaration commenced on 27 July 1995.