EXPLANATORY STATEMENT

STATUTORY RULES 1987 NO 225

ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE SUPERANNUATION ACT 1976

SUPERANNUATION (ELIGIBLE EMPLOYEES) REGULATIONS (AMENDMENT)

Section 168 of the Superannuation Act 1976 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that the Act requires or permits to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

The Act provides a contributory superannuation scheme for Commonwealth employees. Persons eligible to contribute under the Act are referred to in the Act as “eligible employees”.

Subsection 3(1) of the Act defines the term “eligible employee”. In accordance with paragraph (j) of the definition, the term does not include a person included in a prescribed class of persons. Thus, certain classes of persons may be excluded by regulation from becoming, or remaining, contributors. The classes of persons so excluded are prescribed in the Superannuation (Eligible Employees) Regulations (the Regulations).

Certain members of the civilian staff at Leeuwin Barracks, Perth, Western Australia are employed in a temporary capacity under the Naval Defence Act 1910. They are to cease employment under that Act and be appointed as officers for the purposes of the Public Service Act 1922 on 15 October 1987. Some of the persons concerned are not eligible employees for the purposes of the Act and it is intended that they have the option of becoming eligible employees at, or at any time after, the date of appointment.

Under the Act, permanent employees, including officers for the purposes of the Public Service Act 1922, are required to become eligible employees for the purposes of the Act. Thus, the appointees will be required to become eligible employees unless excluded from doing so by the Regulations. Amendment of the Regulations is therefore necessary to exclude the appointees from becoming eligible employees unless they elect to do so.

The Statutory Rule amends the Regulations accordingly.

The amendments come into operation on 15 October 1987.