Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the authority of the Minister for Finance

Superannuation Act 1976

Superannuation (Salary) Regulations (Amendment)

The Superannuation Act 1976 (the Act) makes provision for and in relation to an occupational superannuation scheme for Commonwealth employees and for certain other persons.

Section 168 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Section 5 of the Act provides that the regulations may make provision in relation to amounts to be treated as salary for the purposes of the Act. Regulations for the purposes of section 5 are contained in the Superannuation (Salary) Regulations (the Principal Regulations).

Section 51 of the Act relates to members of the scheme who are on leave without pay. Prior to its amendment by the Superannuation Legislation Amendment Act 1991 (the Amending Act), subsection 51(1) of the Act provided that unless the Minister directs otherwise, a member granted leave of absence without pay for a period exceeding 12 weeks is not permitted to contribute during the period of leave.

The Amending Act amended the Act by omitting the reference to "Minister" in subsection 51(1) and substituting "Board", being a reference to the Commonwealth Superannuation Board of Trustees No 2 established under section 27A of the Act.

Part IV of the Principal Regulations (regulations 12 to 17) contains provisions in relation to the salary, for the purposes of the Act, of members of the scheme who are on leave without pay.

Following the substitution of the Board as the direction-making authority for the purposes of subsection 51(1) of the Act, the regulations amend regulations 12 and 13 by omitting the term "Minister" and substituting the term "Board".

The Regulations operate from the date of gazettal.

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