SUPERANNUATION (CONTINUING CONTRIBUTIONS FOR BENEFITS) REGULATIONS (AMENDMENT) 1994 NO. 8

SUPERANNUATION (CONTINUING CONTRIBUTIONS FOR BENEFITS) REGULATIONS (AMENDMENT) 1994 NO. 8

STATUTORY RULES 1994 No. 8

Issued by the authority of the Minister for Finance

Superannuation Act 1976

Superannuation (Continuing Contributions for Benefits) Regulations (Amendment)

The Superannuation Act 1976 (the Act) makes provision for and in relation to an occupational superannuation scheme (the CSS) for certain Commonwealth employees and other persons. Persons eligible to contribute to the CSS are referred to in the Act as eligible employees.

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

The term "eligible employee" is defined in subsection 3(1) of the Act. In accordance with paragraph (ea) of the definition, the term includes a person to whom section 14A applies. Regulations under section 14A may specify classes of persons to which the section applies and may modify the Act in respect of such persons.

Regulations for the purposes of section 14A are contained in the Superannuation (Continuing Contributions for Benefits) Regulations (the Principal Regulations).

The National Blood Group Reference Laboratory (previously part of Commonwealth Serum Laboratories Limited (CSL Ltd)) was transferred to the New South Wales Red Cross Blood Transfusion Service (NSW BTS) on 1 September 1993. The Director of the Laboratory, who as an employee of CSL Ltd was a CSS member, transferred to employment with the NSW BTS also with effect from 1 September 1993.

Under an agreement between the Commonwealth and the Australian Red Cross Society New South Wales Division (the transfer agreement), the operations of the Laboratory will continue to be funded by the Commonwealth Government for an interim period of 3 years commencing on 1 September 1993.

The Regulations which amend the Principal Regulations, enable the Director of the Laboratory to continue his membership of the CSS after his transfer to NSW BTS.

The details of the amendments to the Regulations are explained in the Attachment.

The Regulations operate with retrospective effect from 1 September 1993, the date of transfer. This ensures continued CSS membership for the Director so that his superannuation entitlements are not adversely affected by the transfer. Both the NSW BTS and the Director have indicated in writing that they are prepared to make contributions to the CSS with effect from 1 September 1993.

The retrospectivity of the Regulations does not contravene subsection 48(2) of the Acts Interpretation Act 1901 in that the rights of the Director are not affected in a manner prejudicial to him nor are liabilities imposed on him.