Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) APPROVED AUTHORITY INCLUSION DECLARATION NO 1 1991 NO. 151

STATUTORY RULES 1991 No. 151

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 Act) provides for a new superannuation scheme (the PSS scheme) for Commonwealth employees and certain other persons to operate from 1 July 1990.

Persons eligible to become members of the PSS scheme include persons employed by an authority or body which is an approved authority for the purposes of the Act. In accordance with section 3 of the Act, an approved authority includes an authority or 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 paragraph (b) of the definition.

The Declaration contained in the Statutory Rule, and cited as Superannuation (PSS) Approved Authority Inclusion Declaration No 1, revokes Statutory Rule 1990 No 411 and declares the Australian Sports Drug Agency, the Board of Health, the Energy Research and Development Corporation, the Pig Research and Development Corporation, the Private Health Insurance Administration Council and the Rural Industries Research and Development Corporation to be approved authorities for the purposes of the 1990 Act.

Statutory Rule 1990 No 411 declared the Rural Industries Research and Development Corporation to be an approved authority for the purposes of the Act. This Declaration revokes Statutory Rule 1990 No 411 in order that the Corporation may be included in a consolidated list of approved authorities for the purposes of the Act. The date of effect of the Corporation's declaration as an approved authority remains unchanged at 1 August 1990.

The Australian Sports Drug Agency was established by the Australian Sports Drug Agency Act 1990 on 18 February 1991. The Chief Executive of the Agency may, on behalf of the Agency, employ persons necessary for the performance of its functions and the exercise of its powers.

The Board of Health was established by the Health Services Act 1990 of the Australian Capital Territory on 31 January 1991. It is a body established to provide health services for the residents of the Territory. Persons who were employed by the Australian Capital Territory Community and Health Service prior to 31 January 1991 became members of the staff of the Board on the same terms and conditions as were applicable to them immediately before that date. The Australian Capital Territory Community and Health Service was an approved authority for the purposes of the Superannuation Act 1990. The Community and Health Service Act 1985 under which the service was established was repealed by the Health Services (Consequential Provisions) Act 1990.

The Energy Research and Development Corporation was established under the Primary Industries and Energy Research and Development Act 1989 on 2 July 1990. It is a body corporate with power to engage employees necessary for the performance of its functions. The Corporation commenced engaging employees from 1 September 1990.

The Pig Research and Development Corporation was also established under the Primary Industries and Energy Research and Development Act 1989 as a body corporate with power to engage employees necessary for the performance of its functions and commenced engaging employees from 18 February 1991.

The Private Health Insurance Administration Council was established by amendments to the National Health Act 1953 contained in the Community Services and Health Legislation Amendment Act 1989. It is a body corporate with power to employ staff necessary to assist the Council in the performance of its functions and the exercise of its powers. The Council began employing staff in April 1990.

The Australian Sports Drug Agency, the Board of Health, the Energy Research and Development Corporation, the Pig Research and Development Corporation and the Private Health Insurance Administration Council are bodies of a kind described in the definition of approved authority in section 3 of the Act. It is appropriate that these bodies be declared to be approved authorities for the purposes of the Act to enable their staff to remain or become members of the PSS scheme.

The Declaration is taken to have had effect from and including 1 July 1990 for the Private Health Insurance Administration Council, 1 August 1990 for the Rural Industries Research and Development Corporation, 1 September 1990 for the Energy Research and Development Corporation, 31 January 1991 for the Board of Health and 18 February 1991 for the Australian Sports Drug Agency and the Pig Research and Development Corporation.

In accordance with section 45 of the 1990 Act, a declaration for the purposes of paragraph (b) of the "approved authority" definition 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.