Federal Register of Legislation - Australian Government

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SLI 2011 No. 131 Regulations as made
These Regulations amend a number of regulations under the Superannuation Act 1976, the Superannuation Act 1990 and the Papua New Guinea (Staffing Assistance) Act 1973 as a consequence of certain public sector superannuation reforms, which are due to commence on 1 July 2011.
Administered by: Finance
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 47, Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 59
Registered 30 Jun 2011
Tabling HistoryDate
Tabled HR06-Jul-2011
Tabled Senate06-Jul-2011

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 131

 

Issued by authority of the Minister for Finance and Deregulation

 

Superannuation Act 1976

Superannuation Act 1990

Papua New Guinea (Staffing Assistance) Act 1973

 

Superannuation Legislation (Public Sector Superannuation Schemes)
Amendment Regulations 2011 (No. 1)

General Background

The Regulations form part of public sector superannuation reforms.  The package of public sector superannuation reforms involves the following:

  • the Governance of Australian Government Superannuation Schemes Act 2011  (Governance Act) which merges the Australian Reward Investment Alliance (ARIA), the Military Superannuation and Benefits Board and the Defence Force Retirement and Death Benefits Authority to form a consolidated trustee body;
  • the ComSuper Act 2011 which makes changes to the governance framework for superannuation administration arrangements for the main civilian and military superannuation schemes; and
  • the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 (Consequentials Act) which contains the consequential and transitional provisions necessary to facilitate the consolidation and the changes to superannuation administration.

There are currently regulations made under the following Acts which are affected by the Acts outlined above:

  • Superannuation Act 1976 (1976 Act);
  • Superannuation Act 1990 (1990 Act); and
  • Papua New Guinea (Staffing Assistance) Act 1973 (PNG Act).

Superannuation Act 1976

The 1976 Act makes provision for the Commonwealth Superannuation Scheme, which is an occupational superannuation scheme for Australian Government employees and for certain other persons.

Subsection 168(1) of the 1976 Act provides, in part, that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 168(13) of the 1976 Act provides that regulations may not be made under the Act unless the Board (currently, ARIA) has consented to those regulations. The Board has consented to those amendments included in the Regulations that relate to the 1976 Act.

Superannuation Act 1990

The 1990 Act makes provision for the Public Sector Superannuation Scheme, which is an occupational superannuation scheme for Australian Government employees and for certain other persons.

Subsection 48(1) of the 1990 Act provides for the Governor-General to make Regulations not inconsistent with the Act, to prescribe matters required or permitted or which are necessary or convenient to be prescribed for the carrying out or giving effect to the Act.

Paragraph 48(2)(a) of the 1990 Act provides that regulations may not be made under the Act unless the Board (ARIA) has consented to those regulations. The Board has consented to those amendments included in the Regulations that relate to the 1990 Act.

Papua New Guinea (Staffing Assistance) Act 1973

Section 38 of the PNG Act provides that regulations may be made for superannuation purposes, including in relation to payments to be made by the Commonwealth to and in relation to persons eligible for benefits under the regulations. Regulations made pursuant to section 38 of the PNG Act provide benefits to former career employees in the Public Service in Papua New Guinea.

Subsection 65(1) of the PNG Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that by the Act are required or permitted to be prescribed or to be provided for by regulation, or that are necessary or convenient to be prescribed for giving effect to the Act.

The PNG Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

Details of the Regulations are set out in the Attachment.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commence on commencement of the Governance Act.

 

 


ATTACHMENT

Details of the Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1)

Effect of the reform package

Currently, the Australian Reward Investment Alliance (referred to as ‘the Board’) has certain powers and functions in the Superannuation Act 1976 (1976 Act), the Superannuation Act 1990 (1990 Act) and legislative instruments made under these Acts.

From 1 July 2011, the Governance of Australian Government Superannuation Schemes Act 2011 (Governance Act) will establish the Commonwealth Superannuation Corporation (CSC) as a body corporate with a separate legal identity from the Commonwealth, by continuing in existence the body corporate that is currently called the Australian Reward Investment Alliance.

As a consequence, references to ‘the Board’ in a number of legislative instruments need to be amended to refer to ‘CSC’.

Among other things, the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 (Consequentials Act) makes changes concerning the superannuation scheme for former career employees in the Public Service in Papua New Guinea (PNG scheme).

·         The PNG scheme is provided for in the Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973 (PNG Regulations), which are made under section 38 of the Papua New Guinea (Staffing Assistance) Act 1973 (PNG Act).

Regulation 1 – Name of Regulations

This regulation provides that the title of these regulations is the Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1)

Regulation 2 – Commencement

This regulation provides for the Regulations to commence on the commencement of the Governance Act.

Regulations 3 to 14 – Amendment of various instruments

Regulations 3 to 14 amend various instruments, as shown in the table below.

Regulation

Instrument being amended

Effect on instrument

3

Superannuation (Cost of Administration) Regulations

Amended by Schedule 1.
      See following table.

4

Superannuation (CSS) Deferred Benefits Regulations

 

Amended by Schedule 2.
      See following table.

5

Superannuation (CSS) (Superannuation Guarantee) Regulations 2008

Amended by Schedule 3.
      See following table.

6

Superannuation (CSS) Fees Regulations

Amended by Schedule 4.
      See following table.

7

Superannuation (PSS) Fees Regulations

Amended by Schedule 5.
      See following table.

8

Papua New Guinea (Staffing Assistance) (Superannuation) Regulations 1973

Amended by Schedule 6.
      See following table.

9

Superannuation (CSS) Former Eligible Employees Regulations

Amended by Schedule 7.
      See following table.

10

Superannuation (CSS) Salary Regulations 1978

Amended by Schedule 8.
      See following table.

11

Superannuation (CSS) Former Provident Account Contributors Regulations

Amended by Schedule 9.
      See following table.

12

Superannuation (CSS) (Liability to Taxation) Regulations 2000

Repealed.  The application of taxation laws to the CSC and the Commonwealth Superannuation Scheme Fund is dealt with in sections 32 and 33 of the Governance Act.

13

Superannuation (CSS) Unclaimed Money Regulations

Repealed.  The effect of these Regulations was superseded by an amendment to the 1976 Act.

14

Superannuation (PSS) (Liability to Taxation) Regulations 2000

Repealed.  The application of taxation laws to the CSC and the Public Sector Superannuation Scheme Fund is dealt with in sections 32 and 33 of the Governance Act.

 

Regulation 8 – Transitional provisions relating to the PNG scheme

The Consequentials Act provides that responsibility for the PNG scheme will be transferred from the Commissioner for Superannuation to CSC. In addition, provisions in the PNG Act relating to reconsideration of decisions will be extended to the PNG Regulations.

Regulation 8 includes transitional provisions which ensure that CSC and the Administrative Appeals Tribunal can review decisions made prior to the commencement of the Governance Act by the Commissioner for Superannuation.

Schedules 1 to 9 – description of amendments

The amendments included in Schedules 1 to 9 are described in the table below.

 

Item

Regulation being amended

Effect of amendment

Reason for amendment

Schedule 1 – Amendments of Superannuation
(Cost of Administration) Regulations

1

1

Substitutes the Regulation

To specify the name of the Regulations using a more modern drafting style.

2

3

Omits “the Board”, inserts “CSC”

To reflect the name of the consolidated trustee body.

Schedule 2 – Amendments of Superannuation
(CSS) Deferred Benefits Regulations

1

1

Substitutes the Regulation

To specify the name of the Regulations using a more modern drafting style.

2

4

Omits the regulation

The effect of this regulation was superseded by amendments to the 1976 Act.

Schedule 3 – Amendments of Superannuation (CSS)
(Superannuation Guarantee) Regulations 2008

1

2

3

5(3)

5(4)

5(5)

Omits “the Board”, inserts “CSC”

To reflect the name of the consolidated trustee body.

Schedule 4 – Amendments of
Superannuation (CSS) Fees Regulations

1

1

Substitutes the Regulation

To specify the name of the Regulations using a more modern drafting style.

2

3

4

3(2)

3(3)(a)

3(3)(c)

Omits “the Board”, inserts “CSC”

To reflect the name of the consolidated trustee body.

Schedule 5 – Amendments of
Superannuation (PSS) Fees Regulations

1

1

Substitutes the Regulation

To specify the name of the Regulations using a more modern drafting style.

2

3

Omits “the Board”, inserts “CSC”

To reflect the name of the consolidated trustee body.


Schedule 6 – Amendments of PNG Regulations

1

8B

Omits the Regulation

Regulation 8B was made unnecessary because of amendments to the PNG Act made by the Consequentials Act.

Schedule 7 – Amendments of Superannuation
(CSS) Former Eligible Employees Regulations

1

1

Substitutes the Regulation

To specify the name of the Regulations using a more modern drafting style.

2

3

4

5

 

6

 

 

 

 

7

 

 

 

8

 

 

 

9

 

 

 

10

 

 

 

11

15A(2)

15A(3)(d)(ii)

15A(5)(c)(i)

15A(5)(c)(ii)

 

Schedule 5, substituted Division 3 of Part IX

 

Schedule 5, substituted subsection 133(3)

 

Schedule 10A, item 2, substituted section 110T

 

Schedule 10A, item 6, substituted subsection 137(2)

 

Schedule 10A, item 7, substituted subsection 138(1)

 

Schedule 11A, item 5, new subsection 62(1A)

Omits “the Board”, inserts “CSC”

 

 

Omits each mention of “the Board”, inserts “CSC”

 

Omits “The Board”, inserts “CSC”

 

Omits “the Board”, inserts “CSC”

 

Omits “the Board”, inserts “CSC”

 

Omits “the Board”, inserts “CSC”

 

Omits “the Board”, inserts “CSC”

To reflect the name of the consolidated trustee body.

Schedule 8 – Amendments of Superannuation
(CSS) Salary Regulations 1978

1

2

3

12(a)

13(2)(b)(i)

13(2)(c)(i)

Omits “the Board”, inserts “CSC”

To reflect the name of the consolidated trustee body.

Schedule 9 – Amendments of Superannuation (CSS)
Former Provident Account Contributors Regulations

1

1

Substitutes the Regulation

To specify the name of the Regulations using a more modern drafting style.

2

 

 

3

 

 

 

4

Schedule, new subparagraph 80AB(2)(b)(ii)

Schedule, new subparagraph 211(2)(b)(ii),

 

Schedule, subsection 222(1), definition of rate of fund contribution tax

Omits “the Board”, inserts “CSC”

Omits “the Board”, inserts “CSC”

 

Omits “the Board”, inserts “CSC”

To reflect the name of the consolidated trustee body.