Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (CSS) APPROVED AUTHORITY DECLARATION NO. 11 1992 NO.329

STATUTORY RULES 1992 No. 329

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

Persons eligible to contribute under the Act include certain persons employed, by an approved authority. In accordance with paragraph (a) of the definition of "approved authority" in subsection 3(1) of the 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.

Section 4A of the 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 Conservation Commission of the Northern Territory was established by the Conservation Commission Act 1980 of the Northern Territory as a body corporate with power to employ persons on its own terms and conditions as well as under the Public Service Act of the Northern Territory. While Commission staff who are employed under the Public Service Act of the Northern Territory are covered by the Northern Territory's approved authority status, staff who become employed under other terms and conditions would be denied access to the CSS.

The Conservation Commission of the Northern Territory is a body of a kind described in the definition of approved authority in subsection 3(1) of the Act. It is appropriate that the body be declared to be an approved authority for the purposes of that Act to enable its employees to remain or become members of the CSS.

The Declaration contained in the Statutory Rule, and cited as Superannuation (CSS) Approved Authority Declaration No. 11, declares the Conservation Commission of the Northern Territory to be an approved authority for the purposes of the Act with effect from 1 July 1992.