{"id":"F2008B00758","name":"Declaration under section 134 of the Superannuation Act 1976 (14/11/1990)","slug":"declaration-under-section-134-of-the-superannuation-act-1976-14-11-1990","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72064,"registerId":"commonwealth-F2008B00758-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Declaration under section 134 of the Superannuation Act 1976 (14/11/1990)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: SUPERANNUATION ACT 1976\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nDECLARATION UNDER SECTION 134 OF THE SUPERANNUATION ACT 1976\n\n \n\n \n\nI, Ralph Willis, Minister of State for Finance,\n\npursuant to section 134 of the Superannuation Act\n\n1976 (the Act), do hereby:-\n\n \n\n(a)  declare that the State Public Sector\n\nSuperannuation Scheme, established in accordance\n\nwith the provisions of the Superannuation (State\n\nPublic Sector) Act 1990 of the State of Queensland,\n\nis an eligible superannuation scheme for the\n\npurposes of Division 3 of Part IX of the Act; and\n\n \n\n(b) specify 6 September 1990 as the day on which\n\nthis Declaration is to be deemed to have come into\n\nforce in relation to that superannuation scheme.\n\n \n\n \n\nDated this 14th day of  November 1990.\n\n \n\n \n\n \n\n \n\nRalph Willis\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration does not amend the underlying State scheme or the Superannuation Act; it formally classifies the named State scheme as \"eligible\" for Division 3 of Part IX and fixes a deemed commencement date (6 September 1990). The legal scope of the instrument is therefore limited to declaring eligibility and its retrospective start date under section 134; it does not expand or narrow Division 3 itself or alter the scheme's internal rules."},"complexity_factors":["Single, discrete ministerial action under a specified statutory power (section 134) rather than multi-part amendments.","Legal effect depends on cross-reference to Division 3 of Part IX of the Superannuation Act 1976 (requires reading the other provision to understand substantive consequences).","Retrospective (deemed) commencement date introduces a temporal element that can affect past events between the deemed date and the declaration date.","Inter-jurisdictional naming: federal declaration applies to a scheme created by a State Act (requires checking both instruments for full effect).","Instrument is short and administrative; it does not itself set operational rules, but it changes which statutory regime applies."],"plain_english_summary":"The Minister of State for Finance used s.134 of the Superannuation Act 1976 to declare the State Public Sector Superannuation Scheme (Queensland) an \"eligible\" scheme for Division 3 of Part IX, and treated that eligibility as having commenced on 6 Sept 1990. This administrative classification (dated 14 Nov 1990) affects the scheme, its administrators and anyone whose rights turn on Division 3 status, without altering scheme text or creating specific payment rules."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a discrete administrative declaration made under specific statutory authority. It performs exactly the function contemplated by section 134 of the Superannuation Act 1976 — recognising state super schemes for portability purposes. No scope creep is evident."},"complexity_factors":["Single operative provision with two straightforward sub-paragraphs","No defined terms within the instrument itself (relies on external statute)","No cross-referencing beyond citation of the enabling Act","Simple declaratory language with minimal conditional logic","Extremely short (under 200 words)"],"plain_english_summary":"This is a formal declaration made by the federal Finance Minister in 1990 under the **Superannuation Act 1976**.\n\n**What it does:**\n- **Recognises a Queensland state super scheme** — The State Public Sector Superannuation Scheme (set up under Queensland law) is declared to be an \"eligible superannuation scheme\" for federal purposes.\n- **Allows portability of benefits** — This means public servants who move between the Queensland state system and the federal public service superannuation system can transfer their retirement benefits. Without this declaration, their accumulated super might be stuck or lost when changing jobs.\n- **Backdates the effect** — The declaration applies from **6 September 1990**, even though it was signed on 14 November 1990.\n\n**Who it affects:**\n- Queensland state public servants who might later join (or have joined) the Australian Public Service\n- Federal public servants who previously worked for the Queensland Government\n\n**Why it matters:**\nThis is part of Australia's system of **portability** for public sector superannuation. It prevents public servants from being penalised for moving between state and federal employment by ensuring their retirement savings can follow them across government employers."}},"importantCases":[],"_links":{"self":"/api/acts/declaration-under-section-134-of-the-superannuation-act-1976-14-11-1990","history":"/api/acts/declaration-under-section-134-of-the-superannuation-act-1976-14-11-1990/history","analysis":"/api/acts/declaration-under-section-134-of-the-superannuation-act-1976-14-11-1990/analysis","conflicts":"/api/acts/declaration-under-section-134-of-the-superannuation-act-1976-14-11-1990/conflicts","importantCases":"/api/acts/declaration-under-section-134-of-the-superannuation-act-1976-14-11-1990/important-cases","documents":"/api/acts/declaration-under-section-134-of-the-superannuation-act-1976-14-11-1990/documents"}}