Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) APPROVED AUTHORITY INCLUSION DECLARATION NO. 13 1994 NO. 299

STATUTORY RULES 1994 No. 299

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 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 Forest and Wood Products Research and Development Corporation was established on 1 January 1994 by Regulations under the provisions of section 8 of the Primary Industries and Energy Research and Development Act 1989, and after 1 September 1994 will employ staff who are currently members of the PSS scheme. It is a body of a kind described in the definition of approved authority in subsection 3 of the 1990 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 PSS scheme.

The declaration contained in the Statutory Rule, and cited as Superannuation (PSS) Approved Authority Declaration No. 13, declares the Forest and Wood Products Research and Development Corporation to be an approved authority for the purposes of the 1990 Act with effect from the date of gazettal.