Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) APPROVED AUTHORITY INCLUSION DECLARATION NO. 10 1993 NO. 123

STATUTORY RULES 1993 No. 123

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, the Public Sector Superannuation scheme (the PSS scheme), for persons employed by the Commonwealth and certain other persons.

Persons eligible to contribute under the 1990 Act include certain persons employed 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 body that is declared, in writing, 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 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 Australian National Training Authority was established on 21 December 1992 by the Australian National Training Authority Act 1992. The Fisheries Research and Development Corporation was established on 2 July 1991 under the Primary Industries and Energy Research and Development Act 1989. They are bodies of the kind described in the definition of approved authority in section 3 of the 1990 Act.

The National Registration Authority for Agricultural and Veterinary Chemicals is to be established by the Agricultural and Veterinary Chemicals (Administration) Act 1992 which will commence on a day to be fixed by proclamation (likely to be mid June) or 6 months and one day after 24 December 1992 (the date of Royal Assent). It will be a body of a kind described in the definition of approved authority in section 3 of the 1990 Act.

It is appropriate that the three bodies be declared to be approved authorities for the purposes of the 1990 Act to enable their employees to remain or become members of the PSS scheme.

The declaration contained in the Statutory Rule, and cited as Superannuation (PSS) Approved Authority Inclusion Declaration No 10, declares the following bodies to be approved authorities for the purposes of the 1990 Act: the Australian National Training Authority, with retrospective effect from 1 March 1993; the Fisheries Research and Development Corporation with effect from the date of gazettal; and the National Registration Authority for Agricultural and Veterinary Chemicals with effect from the date of commencement of the Agricultural and Veterinary Chemicals (Administration) Act 1992.