Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) APPROVED AUTHORITY INCLUSION DECLARATION 1995 NO. 214

STATUTORY RULES 1995 No. 214

Issued by the Authority of the Minister for Finance

Superannuation Act 1990

Declaration under paragraph (b) of the definition of "Approved Authority" in section 3

The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to an occupational superannuation scheme, the Public Sector Superannuation Scheme (the PSS), for persons employed by the Commonwealth and certain other persons.

Persons eligible to contribute under the 1990 Act include certain persons employed by an approved authority. In accordance with paragraph (b) of the definition of "approved authority" in section 3 of the 1990 Act, an approved authority includes an authority or body that is declared in writing by the Minister for Finance to be an approved authority for the purposes of the 1990 Act, being an authority of a kind described in the definition.

Section 45 of the 1990 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 declaration cited as the Superannuation (PSS) Approved Authority Inclusion Declaration repeals and remakes the former declarations contained in the Superannuation (PSS) Approved Authority Inclusion Declarations Nos. 1 to 13. The declaration does not include the Board of Health in the fist of approved authorities as it has ceased to be an approved authority.

The Board of Health was established under the Health Services Act 1990 of the Australian Capital Territory. The Act was repealed on 1 March 1993 by the Health Act 1993 of the Australian Capital Territory. Former employees of the Board of Health were able to continue their PSS membership by virtue of employment with the Australian Capital Territory which is an approved authority for the purposes of the 1990 Act.

The declaration also updates the name of the body, ACTEW Corporation Limited, became a corporation on 1 July 1995. The body was formerly an approved authority under the name Australian Capital Territory Electricity and Water Authority.