Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) FEES REGULATIONS 1993 NO. 200

STATUTORY RULES 1993 No. 200

Issued by the authority of the Minister for Finance

Superannuation Act 1990

Superannuation (PSS) Fees Regulations

Section 48 of the Superannuation Act 1990 (the Act) provides for the Governor-General to make Regulations not inconsistent with the Act to prescribe matters required or permitted or which are necessary or convenient to be prescribed for the carrying out or giving effect to the Act.

Part 11 of the Rules for the Administration of the Superannuation Scheme forming the schedule to the Trust Deed provided for under section 4 of the Act provides for the review of decisions made under those Rules.

Rule 11.4.1 provides for a person affected by a decision of the Commonwealth Superannuation Board of Trustees No.1 (the Board), including a decision of the Board under Division 3 of Part 11 relating to the reconsideration of a decision of a delegate of the Board, to request the Board to reconsider that decision following the payment of the fee prescribed under the Act.

Subsection 40(1) of the Act provides that such fees as are prescribed are payable to the Commonwealth by the person who requests the Board to reconsider one of its decisions.

Rule 11.4.4 precludes the Board from proceeding with a request for reconsideration under 11.4.2 if there is no new evidence provided to the Board, as required under Rule 11.4.3, or where the Board is not satisfied that any new evidence provided supports the grounds for the request. It also provides the Board with a discretion to refund the fee paid under the Act where it does not proceed with a request.

Rule 11.4.6 requires the Board to consider the relevant evidence and may affirm, vary, substitute or set aside the decision under reconsideration and also provides the Board with the discretion to refund the fee paid under the Act.

Section 48 of the Act does not provide for the retrospective operation of the Regulations made under subsection 40(1) and, accordingly, any applications for reconsideration of Board decisions received before the making of the Regulation will not be subject to any fee prescribed.

The fee that is imposed on requests for reconsideration of Board decisions will be one hundred and fifty dollars ($150).

Details of the Regulations are as follows:

Regulation 1 provides that the Regulations may be cited as the Superannuation (PSS) Fees Regulations.

Regulation 2 provides that, in the Regulations, the term "the Act" means the Superannuation Act 1990.

Regulation 3 provides that the fee to apply in relation to persons who apply for reconsideration of reviewable decisions be $150.

The Regulations contained in the Statutory Rule operate from the date of gazettal.