Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (CSS) APPROVED AUTHORITY DECLARATION NO. 13 1993 NO. 2

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 2

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 Act) makes provision for and in relation to an occupational superannuation scheme (the CSS) for Commonwealth employees and certain other persons. In accordance with the definitions of 'eligible employee', 'permanent employee' and 'temporary employee' in subsection 3(1) of the Act, persons who may become members of the CSS include persons employed in a permanent or temporary capacity by an approved authority.

The definition of the term 'approved authority' in subsection 3(1) of the Act provides that 'approved authority' means

(a)       an authority or other body of a kind described in paragraph (a) of the definition that is declared by the Minister for Finance to be an approved authority for the purposes of the Act; and

(b)       an authority or body that was, immediately before 1 July 1976, an approved authority for the purposes of the Superannuation Act 1922 (other than such an authority or body in relation to which a declaration under subsection 3(2A) of the Act is in force).

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. 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. Immediately before that date, OTC Limited was an approved authority for the purposes of the Act. Telecom was not such an approved authority and CSS membership arrangements for staff of Telecom were provided for in the Superannuation (Continuing Contributions for Benefits) Regulations under the Act.

The effect of section 35 of the AOTC Act was that AOTC became an approved authority for the purposes of the Act. It is intended that CSS membership arrangements for staff of AOTC be made available through the provisions of the Superannuation (Continuing Contributions for Benefits) Regulations and that AOTC not be an approved authority. To this end, amendments to the Superannuation (Continuing Contributions for Benefits) Regulations have been made which provide for the continuation of CSS membership arrangements for those staff of AOTC who transferred from Telecom or OTC Limited.

The declaration contained in the Statutory Rule, and cited as 'Superannuation (CSS) Approved Authority Declaration No. 13' provides that AOTC is not an approved authority for the purposes of the Act.

In accordance with section 4A of the Act, a declaration for the purposes of paragraph (a) of the definition of 'approved authority' 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 declaration is expressed to be taken to have commenced on 1 February 1992.


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