Superannuation (PSSAP-Former Commonwealth Ordinary Employer-Sponsored Member) Determination 2017 [F2017L01441]-Advice only [2017] AUSStaCSDLM 441 (12 June 2017)

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Instrument	Superannuation (PSSAP – Former Commonwealth Ordinary Employer-Sponsored Member) Determination 2017 [F2017L01441]
Purpose	Precludes Judges of the Federal Circuit Court of Australia and members of Parliament to whom Division 1 of Part 2 of the Parliamentary Superannuation Act 2004 applies from membership of the Public Sector Superannuation Accumulation Plan as ‘former Commonwealth ordinary employer-sponsored members’ under the new extended membership arrangements
Authorising legislation	Superannuation Act 2005
Portfolio	Finance
Disallowance	15 sitting days after tabling (tabled Senate 13 November 2017) Notice of motion to disallow must be given by 8 February 2018[1]
Scrutiny principle	Standing Order 23(3)(a)

Drafting: anticipated authority

Subsection 4(2) of the Acts Interpretation Act 1901 (Interpretation Act) allows,

in certain circumstances, the making of legislative instruments in anticipation of the commencement of relevant empowering provisions.

The instrument was made under subsection 18(10) of the Superannuation Act 2005. That provision is inserted by item 7 of Schedule 1 to the Superannuation Amendment (PSSAP Membership) Act 2017 (Amendment Act). Schedule 1 to the Amendment Act commences on 4 December 2017, pursuant to the Superannuation (PSSAP Membership) Commencement Proclamation 2017 [F2017N00087].

The instrument was made on 25 October 2017 and registered on 6 November 2017. Section 2 of the instrument provides that the instrument commences immediately after the commencement of Schedule 1 to the Amendment Act. Therefore,

the instrument will also commence on 4 December 2017.

The committee considers that, in the interests of promoting the clarity and intelligibility of an instrument to anticipated users, instruments that rely on subsection 4(2) of the Interpretation Act should be clearly identified in the accompanying explanatory statement.

The committee draws the omission of reference in the explanatory statement to subsection 4(2) of the Acts Interpretation Act 1901 to the minister's attention.

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^[1] In the event of any change to the Senate's sitting days, the last day for the notice would change accordingly.