Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (SALARY) REGULATIONS (AMENDMENT) 1993 NO. 4

STATUTORY RULES 1993 No. 4

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 (the CSS) for Commonwealth employees and certain other persons. Persons eligible to contribute to the CSS are referred to in the Act as eligible employees.

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

Subsection 5(2) of the Act provides that, subject to subsection 5(3), the annual rate of salary of an eligible employee on a particular day is an amount equal to the amount per annum of the salary payable to him on that day. Subsection 5(3) provides that the regulations may provide that an eligible employee's annual rate of salary shall be such amount per annum as is ascertained under the regulations. Regulations for the purposes of section 5 of the Act are contained in the Superannuation (Salary) Regulations.

The provisions of the Australian and Overseas Telecommunications Corporation Act 1991 (the AOTC Act) had the effect of merging the Australian Telecommunications Corporation (Telecom) and OTC Limited into the Australian and Overseas Telecommunications Corporation (AOTC). Section 35 of the AOTC Act provides that an instrument that refers to Telecom or OTC Limited shall continue to have effect according to its tenor except that a reference to the corporation in the instrument shall be read as a reference to AOTC.

Staff of Telecom and OTC Limited transferred to employment with AOTC on 1 February 1992. The Regulations amend the Superannuation (Salary) Regulations to clarify that the CS S arrangements which applied to persons as staff of Telecom continue to apply to those persons as staff of AOTC.

All the amendments are technical in nature. The amendments contained in the Regulations are explained in the Attachment.

The Regulations operate with effect from the date of gazettal.

ATTACHMENT

SUPERANNUATION (SALARY) REGULATIONS (AMENDMENT)

REGULATION 1

This provides that the Superannuation (Salary) Regulations are amended as set out in the Regulations.

REGULATION 2

This changes the reference in subparagraph 13(2)(d)(i) of the Superannuation (Salary) Regulations from 'Australian Telecommunications Corporation' to 'Australian and Overseas Telecommunications Corporation'. The provision relates to the determination of the annual rate of salary for the purposes of the CSS in respect of certain eligible employees on leave without pay from AOTC to work for a whollyowned subsidiary, Telecom Australia (International) Limited.

SUBREGULATIONS 3.1 AND 3.2

This replaces the reference in subregulation 22(2) of the Superannuation (Salary) Regulations to 'officer or employee of the Australian Telecommunications Commission' with 'employee of the Australian and Overseas Telecommunications Corporation'. The provision relates to the determination of the annual rate of salary for the purposes of the CSS in respect of certain eligible employees who are remunerated under AOTC incentive schemes and entitled to earn part of their total remuneration by way of commissions or bonuses. Whereas such Telecom staff may have been engaged as 'officers' or 'employees', AOTC staff are engaged as 'employees'.

SUBREGULATION 3.3

This omits the explanatory provision which provided that, in subregulation 22(2), 'officer' and 'employee' had the same meanings as in the Telecommunications Act 1975. The provision is omitted because that Act has been repealed, and the Australian and Overseas Telecommunications Corporation Act 1991 does not define the term 'employee'.