Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (CSS) CONTINUING CONTRIBUTIONS FOR BENEFITS REGULATIONS(AMENDMENT) 1996 NO. 97

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 97

Issued by the Authority of the Minister for Finance

Superannuation Act 19 76

Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment)

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

Section 168 of the 1976 Act provides that the Governor-General may make regulations for the purposes of that Act.

Section 3(1) of the 1976 Act contains the definition of "eligible employee". Paragraph (ea) of that definition includes persons to whom section 14A of the 1976 Act applies.

Section 14A applies to certain persons described in that section, including persons specified in regulations pursuant to section 14A made under paragraph 14A(1)(e). Subsection 14A(3) provides that the 1976 Act may be modified by regulation in respect of persons to whom section 14A applies.

Regulations pursuant to section 14A are contained in the Superannuation (CSS) Continuing Contribution for Benefits Regulations (the Principal Regulations).

Subregulation 5(3) of the Principal Regulations provides that the 1976 Act applies to certain persons subject to the modifications set out in Schedule 3 to those Regulations.

Items 2 and 3 of Schedule 3 to the Principal Regulations contain modifications in relation to subparagraphs 58A(1)(c)(ii) and 58B(1)(c)(iv) which apply in relation to certain statutory office holders and certain fixed term employees respectively.

The Superannuation Legislation Amendment Act (No. 1) 1995 (the amending Act) corrected previous errors in these subparagraphs in the 1976 Act by replacing an incorrect reference in both subparagraphs to paragraphs 57B(I)(d) or (e). Subsection 168(12A) was inserted to provide that regulations arising from the amendments to the Act may be made with retrospective effect within one year after the amending Act received Royal Assent. The Regulations amend the Principal Regulations as a consequence of the amendments to the 1976 Act contained in the amending Act.

THE AMENDMENTS

Regulation 1

This regulation provides that the amending Regulations commenced on 23 June 1995.

Regulations 2

This regulation provides that the Principal Regulations are amended by the amending Regulations.

Regulation 3

This regulation omits the incorrect references to paragraph 57B(d) or (e) in subparagraphs 58A(1)(c)(ii) and 58B(1)(c)(iv) and substitutes references to paragraph 57B(1)(d) or (e).


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