Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) APPROVED AUTHORITY INCLUSION DECLARATION (AMENDMENT)1997 NO. 213

EXPLANATORY STATEMENT

STATUTORY RULES 1997 No. 213

Issued by the authority of the Minister for Finance

Superannuation Act 1990

Declaration under paragraph (b) of the definition of "Approved Authority" in section 3.

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 PS S) for Commonwealth employees and certain other persons.

Persons eligible to contribute under the 1990 Act include persons who are employed under the Public Service Act 1922 or, by an "approved authority". In accordance with paragraph (b) of the definition of "approved authority" in section 3 of the 1990 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 1990 Act, being an authority or body described in the definition. Declarations made under paragraph (b) of the definition of approved authority are contained in the Superannuation (PSS) Approved Authority Inclusion Declaration (the Principal Declaration). .

Section 45 of the 1990 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 Nuclear Safety Bureau (NSB) is a body corporate established for a public purpose under the Australian Nuclear Science and Technology Organisation Amendment Act 1992.

NSB is a body of a kind described in paragraph (b) of the definition of "approved authority" in section 3 of the 1990 Act. It is appropriate that the Corporation be declared to be an approved authority for the purposes of the 1990 Act, to enable employees to remain or become members of the PSS.

The Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) amends the Principal Declaration by inserting the Nuclear Safety Bureau in the list of bodies declared to be approved authorities for the purposes of the 1990 Act.

The declaration commenced on 1 January 1997. Another instrument (The Superannuation (PSS) Membership Inclusion Declaration (Amendment)) provides membership arrangements for employees who were contributing to the PSS, while employed by NSB, before that day.


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