Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (CSS) APPROVED AUTHORITY DECLARATION (AMENDMENT) 1997 NO.214

STATUTORY RULES 1997 No. 214

Issued by the authority of the Minister for Finance

Superannuation Act 19476

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.

Since 1 July 1990, the Public Sector Superannuation Scheme (the PSS), provided for under the Superannuation Act 1990, has replaced the CSS. For new employees, membership of the CSS is available only to limited classes of persons who have existing rights, including in respect of former membership of the scheme.

Persons eligible to contribute under the 1976 Act include persons who are employed under the Public Service Act 1922 and 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 Nuclear Safety Bureau (NSB) is a body corporate established for a public purpose by the

Australian Nuclear Science and Technology Organisation Amendment Act 1992.

NSB is a body 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 NSB be declared to be an approved authority for the purposes of the 1976 Act to enable employees to remain members, or resume membership, of the CSS.

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

The declaration commenced on 1 January 1997.