{"id":"F2008L00837","name":"Eligible Superannuation Scheme Declaration 2008","slug":"eligible-superannuation-scheme-declaration-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72933,"registerId":"commonwealth-F2008L00837-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Eligible Superannuation Scheme Declaration 2008","content":"Defence Force Retirement and Death Benefits Act 1973\n\nEligible Superannuation Scheme Declaration 2008\n\nI, LINDSAY TANNER, Minister for Finance and Deregulation, pursuant to section 73 of the Defence Force Retirement and Death Benefits Act 1973 (the Act), do hereby:\n\n(a) revoke all existing declarations made pursuant to section 73 of the Act;\n\n(b) declare that the superannuation schemes specified in the Schedule to this Declaration are eligible superannuation schemes for the purposes of Division 3 of Part IX of the Act; and\n\n(c) specify 1 January 2008 as the day on which this Declaration is deemed to come into force.\n\nDated: 29 February 2008\n\nLindsay Tanner\n\nMinister for Finance and Deregulation\n\n  \n\nSCHEDULE\n\n1. The superannuation schemes established under the following Acts:\n\n(a) Parliamentary Contributory Superannuation Act 1948;\n\n(b) Superannuation Act 1976;\n\n(c) Superannuation Act 1990.\n\n2. The superannuation schemes known as:\n\n(a) AvSuper;\n\n(b) Northern Territory Government and Public Authorities Superannuation Scheme;\n\n(c) QSuper;\n\n(d) Queensland Electricity Supply Industry Superannuation Scheme;\n\n(e) Queensland Local Government Superannuation Scheme;\n\n(f) Queensland Parliamentary Contributory Superannuation Scheme;\n\n(g) UniSuper – Accumulation Plan 2.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The declaration performs exactly the function contemplated by section 73 of the Defence Force Retirement and Death Benefits Act 1973 - listing which external superannuation schemes are recognised for interaction with military benefits. The scope remains tightly constrained to this specific administrative purpose."},"complexity_factors":["Very short document (under 500 words)","No defined terms section - relies on definitions in the parent Act","Simple tripartite structure: revocation, declaration, commencement date","Schedule contains only a straightforward list of 10 schemes without conditions or exceptions","No cross-referencing beyond the single empowering provision (section 73)","No conditional logic or nested provisions"],"plain_english_summary":"This ministerial declaration designates which government and public-sector superannuation schemes count as \"eligible\" under the Defence Force Retirement and Death Benefits Act, cancels all prior declarations under that law, and is backdated to take effect from 1 January 2008 (signed 29 February 2008). \n\nIt affects current and former ADF members and people in the listed schemes by determining how military pensions interact with other superannuation entitlements, transfers, coordination of benefits, and related tax treatment."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument expressly revokes all previous section 73 declarations and substitutes a specific Schedule of eligible schemes effective 1 January 2008, thereby altering the set of schemes declared eligible under section 73. The text does not disclose whether this represents a net expansion or contraction compared with the revoked declarations."},"complexity_factors":["Instrument is short and prescriptive: revokes prior declarations and lists eligible schemes (low textual complexity).","Relies on cross-reference to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 to determine legal effects (requires reading other provisions).","Uses both Act-based references (three enabling Acts) and named schemes in the Schedule, requiring identification of the exact entities covered.","Commencement is retrospective to 1 January 2008 despite signature on 29 February 2008 (temporal effect to note).","Decision-making authority is ministerial (Minister for Finance and Deregulation) under section 73 — administrative discretion and finality are concentrated.","Revocation of 'all existing declarations' means the instrument replaces prior legal status; assessing net scope change needs comparison with prior lists outside this instrument."],"plain_english_summary":"This declaration revokes prior section 73 declarations and re-declares specified superannuation schemes as eligible under Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973, effective 1 January 2008. The Minister for Finance and Deregulation makes the decision; the change affects the listed schemes and their members by placing them within Division 3’s legal regime."}},"importantCases":[],"_links":{"self":"/api/acts/eligible-superannuation-scheme-declaration-2008","history":"/api/acts/eligible-superannuation-scheme-declaration-2008/history","analysis":"/api/acts/eligible-superannuation-scheme-declaration-2008/analysis","conflicts":"/api/acts/eligible-superannuation-scheme-declaration-2008/conflicts","importantCases":"/api/acts/eligible-superannuation-scheme-declaration-2008/important-cases","documents":"/api/acts/eligible-superannuation-scheme-declaration-2008/documents"}}