Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION NO. 4 1991 NO. 424

STATUTORY RULES 1991 No. 424

ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE

SUPERANNUATION ACT 1990 DECLARATION UNDER PARAGRAPH 6(1)(j)

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

Section 6 of the Act specifies the persons who may be members of the PSS scheme. In accordance with paragraph 6(1)(j), a person declared by the Minister for Finance to be a person to whom section 6 applies is a member of the PSS scheme.

The Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Membership Inclusion Declaration No. 4" specifies certain employees of the Northern Land Council (the Council) who may be members of the PSS scheme.

The Council is an Aboriginal Land Council established under the Aboriginal Land Rights - (Northern Territory) Act 1976. The Council is not staffed under the Public Service Act 1922 and is not an approved authority for the purposes of the Act. As a consequence, employees of the Council in general do not have access to the PSS scheme.

It is intended that persons who were members of the PSS scheme immediately before becoming employed by the Council should be permitted to remain members. To achieve this it is intended that the persons concerned be declared in a class of persons to which section 6 of the Act applies.

The Declaration contained in the Statutory Rule provides that employees of the Council shall become PSS members if, immediately before becoming such employees, they were PSS scheme members or had made an election under the Superannuation Act 1976 to become PSS scheme members, but do not become members of another scheme applying to employment with the Council.

Persons who are members of the PSS scheme to whom the mobility provisions of Divisions 2 or 3 of Part IV of the Public Service Act 1922 apply are covered under the existing provisions of the Act and are excluded from the scope of the Declaration.

In accordance with section 45 of the Act, a declaration under paragraph 6(1)(j) 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.

The Declaration operates with effect from the date of gazettal.