{"id":"F2018L01028","name":"Civil Aviation (Transitional—CAA Staff Members’ Superannuation) Regulations 2018","slug":"civil-aviation-transitional-caa-staff-members-superannuation-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439704,"registerId":"F2018L01028-fast-fetch-1775955625437","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation (Transitional—CAA Staff Members’ Superannuation) Regulations 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nCivil Aviation (Transitional—CAA Staff Members’ Superannuation) Regulations 2018\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 12 July 2018\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nMichael McCormack\n\nDeputy Prime Minister and Minister for Infrastructure and Transport\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Superannuation of transferring Civil Aviation Authority staff members\n\nSchedule 1—Repeals\n\nCivil Aviation Legislation Amendment (Transitional Provisions) Regulations\n\n \n\n \n\n \n\n1  Name\n\n  This instrument is the Civil Aviation (Transitional—CAA Staff Members’ Superannuation) Regulations 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 14 July 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Civil Aviation Legislation Amendment Act 1995.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\nAA employee means a person employed by Airservices Australia under the Air Services Act 1995.\n\nAct means the Civil Aviation Legislation Amendment Act 1995.\n\nCASA staff member means a person appointed or employed by the Civil Aviation Safety Authority under the Civil Aviation Act 1988.\n\nSuperannuation Fund means the superannuation scheme that, immediately before 6 July 1995, was known as the CAA Staff Superannuation Fund.\n\nNote 1: On 6 July 1995, the Civil Aviation Authority was abolished and its staff became either AA employees or CASA staff members under section 8 of the Act.\n\nNote 2: In 2018, the superannuation scheme was known as the AvSuper Fund.\n\nTrust Deed means the trust deed dated 17 July 1990 that established the Superannuation Fund.\n\n6  Superannuation of transferring Civil Aviation Authority staff members\n\n (1) This section has effect for the purposes of the Trust Deed (as in force from time to time) relating to a person who was a member of the Superannuation Fund immediately before 6 July 1995 under the Trust Deed (as in force immediately before 6 July 1995).\n\nMembership did not automatically cease on 6 July 1995\n\n (2) The person is taken not to have ceased to be a member:\n\n (a) because of the abolition of the Civil Aviation Authority; or\n\n (b) because the person became an AA employee or CASA staff member under section 8 of the Act on 6 July 1995.\n\nContinuation of membership while an AA employee or CASA staff member\n\n (3) The person is taken to continue, or have continued, to be a member while the person continues, or continued, to be an AA employee or CASA staff member.\n\nEntitlements relating to period of membership before 6 July 1995\n\n (4) The person is taken to be entitled to payments and other benefits from the Superannuation Fund as if, for the period starting when the person last became a member of the Superannuation Fund before 6 July 1995 and ending immediately before 6 July 1995, the person had been:\n\n (a) if the person was an AA employee on 6 July 1995—an AA employee for that period; or\n\n (b) if the person was a CASA staff member on 6 July 1995—a CASA staff member for that period.\n\nEntitlements do not arise merely because of transfer of employment on 6 July 1995\n\n (5) The person is taken not to be entitled to payments or other benefits merely because the person became an AA employee or CASA staff member under section 8 of the Act on 6 July 1995.\n\nSchedule 1—Repeals\n\n \n\nCivil Aviation Legislation Amendment (Transitional Provisions) Regulations\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It was enacted specifically to clarify superannuation entitlements for CAA staff transferred in 1995, and the 2018 version continues this limited transitional role without expansion into broader aviation or superannuation matters."},"complexity_factors":["Very short instrument (only 6 substantive sections plus a repeal schedule)","Only 5 defined terms in the interpretation section","No cross-references to other legislation beyond the enabling Act and Trust Deed","Simple conditional logic limited to binary employment status (AA employee vs CASA staff member)","Single purpose legislation with no exceptions to exceptions","Straightforward temporal application (fixed date of 6 July 1995)"],"plain_english_summary":"This law confirms that staff transferred from the old Civil Aviation Authority in 1995 to Airservices Australia or CASA kept their membership in the CAA Staff Superannuation Fund (now AvSuper). It treats their service with the new agencies as continuous, preserves pre‑1995 entitlements, and prevents creation of duplicate benefits. It secures retirement rights for former CAA employees affected by the 1995 restructure."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not expand who is covered. It preserves and clarifies that pre‑6 July 1995 CAA fund members remained members and are to be treated for entitlement purposes as if employed by AA or CASA for the relevant pre‑1995 period, while also stating that the 1995 employment transfer does not by itself create additional entitlements. It also repeals the earlier transitional regulations."},"complexity_factors":["Deeming of continuity and retrospective treatment of membership (s6(1)–(4)) increases legal‑interpretation needs for trustees and administrators.","Primary operative effect depends on the Trust Deed as in force from time to time (s6(1)) — interaction between statutory deeming and private trust terms requires trustees to reconcile both sources.","Narrow, time‑bound scope — only persons who were members immediately before 6 July 1995 (definitions in s5) — reduces breadth but requires historical membership verification.","Explicit exclusion of new entitlements from transfer on 6 July 1995 (s6(5)) limits claim avenues but may generate disputes about what constituted prior entitlements.","Repeal of earlier transitional regulations (Schedule 1) changes the regulatory landscape and may require administrative updates (Schedule 1 item).","Simple commencement mechanics (s2) but potential need to apply the instrument to historic records and past benefit calculations."],"plain_english_summary":"This regulation preserves membership and benefit continuity for people who were members of the CAA Staff Superannuation Fund immediately before 6 July 1995. It treats those members as not having ceased membership when the Civil Aviation Authority was abolished and as continuing members after they became Airservices Australia (AA) employees or Civil Aviation Safety Authority (CASA) staff.\n\nThe Superannuation Fund, under its Trust Deed, remains responsible for calculating and paying entitlements; the regulation clarifies that membership continuity does not by itself create new entitlements from the 1995 employment transfer and repeals an earlier transitional instrument."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-transitional-caa-staff-members-superannuation-regulations-2018","history":"/api/acts/civil-aviation-transitional-caa-staff-members-superannuation-regulations-2018/history","analysis":"/api/acts/civil-aviation-transitional-caa-staff-members-superannuation-regulations-2018/analysis","conflicts":"/api/acts/civil-aviation-transitional-caa-staff-members-superannuation-regulations-2018/conflicts","importantCases":"/api/acts/civil-aviation-transitional-caa-staff-members-superannuation-regulations-2018/important-cases","documents":"/api/acts/civil-aviation-transitional-caa-staff-members-superannuation-regulations-2018/documents"}}