Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) APPROVED AUTHORITY INCLUSION DECLARATION NO. 12 1994 NO. 30

STATUTORY RULES 1994 No. 30

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

Persons eligible to contribute under the 1990 Act include certain 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 (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.

The Special Broadcasting Service Act 1991 established the Special Broadcasting Service (SBS) as a statutory authority (replacing the provisions governing its operations contained in the Broadcasting Act 1942). SBS staff are presently employed under the Public Service Act 1922 but after the proclamation of section 54 of the Special Broadcasting Service Act 1991 the SBS will commence engaging employees under it's own terms and conditions. Existing employees will be transferred from employment under the Public Service Act 1922 to employment under the SBS' own terms and conditions. Section 54 is to commence on a date to be proclaimed (expected to be 24 March 1994).

The SBS is a body of a kind described in the definition of approved authority in section 3 of the 1990 Act. It is appropriate that the SBS 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 scheme.

The declaration contained in the Statutory Rule, and cited as Superannuation (PSS) Approved Authority Inclusion Declaration No. 12, declares the Special Broadcasting Service to be an approved authority for the purposes of the 1990 Act with effect from the commencement of section 54 of the Special Broadcasting Service Act 1991.