Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (CSS) APPROVED AUTHORITY DECLARATION (AMENDMENT) 1996 NO.155

STATUTORY RULES 1996 No. 155

Issued by the Authority of the Minister for Finance

Superannuation Act 1976

Declaration under paragraph (a) of the definition of "Approved Authority" in subsection 3(1)

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

Persons eligible to contribute under the 1976 Act include persons who are employed under the Public Service Act 1922, as well as persons who are employed by an "approved authority". In accordance with paragraph (a) of the definition of "approved authority" in subsection 3(1) of the 1976 Act, an approved authority includes an authority or other body declared by the Minister for Finance to be an approved authority for the purposes of the 1976 Act, being an authority or body of a kind described in the definition. Declarations made under paragraph (a) of the definition of approved authority are contained in the Superannuation (CSS) Approved Authority Declaration (the Principal Declaration).

Section 4A of the 1976 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 Private Health Insurance Complaints Commissioner (the Commissioner) is incorporated by the National Health Act 1953 and the functions of the Commissioner include dealing with complaints from the public concerning private health benefits funds.

The Australia Foundation for Culture and the Humanities (the Foundation) is a body incorporated as a wholly Commonwealth owned company under the Corporations Law of the Australian Capital Territory as a public company. The Foundation was developed from the Australia Council to stimulate increased private sector support for the arts. The functions of the Foundation include administering projects and programs to develop culture and the humanities in Australia.

The Commissioner and the Foundation are bodies of a kind described in paragraph (a) of the definition of "approved authority" in subsection 3(1) of the 1976 Act. It is appropriate that they be declared to be approved authorities for the purposes of the 1976 Act to enable employees to remain members of the CSS scheme.

The Declaration contained in the Statutory Rule and cited as "Superannuation (CSS) Approved Authority Declaration (Amendment)" amends the Principal Declaration by including the Commissioner and the Foundation in the list of bodies declared to be approved authorities for the purposes of the 1976 Act.

Subclause 3.1 of the Declaration which declares the Commissioner as an approved authority commenced on 1 January 1996 and subclause 3.2 of the Declaration which declares the Foundation as an approved authority commenced on 16 January 1996.