{"id":"F2008B00487","name":"Superannuation Benefits (Supervisory Mechanisms) Act 1990 - Prescribed Requirements Determination No. 1 of 1997","slug":"f2008b00487","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":335581,"registerId":"commonwealth-F2008B00487-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Benefits (Supervisory Mechanisms) Act 1990 - Prescribed Requirements Determination No. 1 of 1997","content":"SUPERANNUATION BENEFITS (SUPERVISORY MECHANISMS) ACT 1990\n\nDETERMINATION UNDER SECTION 6\n\nPRESCRIBED REQUIREMENTS DETERMINATION NO. 1 OF 1997\n\nI, JOHN FAHEY, Minister of State for Finance, acting under section 6 of the Superannuation Benefits (Supervisory Mechanisms) Act 1990, determine that the prescribed requirements set out in the following Schedule are to apply to the provision of superannuation benefits under superannuation arrangements, in addition to superannuation benefits being provided under the Superannuation Act 1976, or the Superannuation Act 1990, or the Superannuation (Productivity Benefit) Act 1988 or a personalised superannuation arrangement, for persons employed under the Public Service Act 1922 and whose terms and conditions of employment (including the provision of superannuation benefits) are set out in an Australian Workplace Agreement or a Certified Agreement made under the Workplace Relations Act 1996.\n\nDated 10th June 1997\n\n|     | Minister of State for Finance |\n| --- | ----------------------------- |\n\nSCHEDULE\n\nThe following requirements are to be satisfied:\n\n(a) the arrangement must be provided through a fund, chosen by the employee, which is a \"complying superannuation fund\" for the purposes of section 45 of the Superannuation Industry (Supervision) Act 1993 or a Retirement Savings Account (RSA);\n\n(b) all contributions made to the arrangement will be vested in the employee, and the employer-financed benefits will be automatically preserved in accordance with Part 6 of the Superannuation Industry (Supervision) Regulations or a similar arrangement in respect of a RSA;\n\n(c) the arrangement must not result in any increase in employment costs to the employing agency;\n\n(d) employer contributions are to cease on termination of employment; and\n\n(e) a general reference to such superannuation arrangements made by an employing agency is included in the annual report of the agency.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The determination adds specified, mandatory conditions that must be met before employing agencies may provide alternative/personalised superannuation arrangements to public servants covered by AWAs or Certified Agreements. It therefore changes the operational scope by conditioning the availability of such arrangements on the Schedule requirements (see preamble and Schedule (a)–(e))."},"complexity_factors":["Short, focused instrument with five clear requirements in the Schedule, so low textual complexity.","Cross-references to external statutes and rules increase implementation complexity: Superannuation Industry (Supervision) Act 1993 s45 referenced for 'complying superannuation fund' (Schedule (a)).","Reference to Part 6 of the Superannuation Industry (Supervision) Regulations for automatic preservation creates dependency on regulatory detail outside this instrument (Schedule (b)).","Interplay with multiple superannuation statutes and personalised arrangements mentioned in the preamble requires agencies to reconcile this determination with existing statutory schemes and workplace agreements (preamble).","Operational compliance burdens fall on employing agencies: ensuring no increase in employment costs (Schedule (c)), stopping employer contributions on termination (Schedule (d)), and including a general reference in the agency annual report (Schedule (e)).","Limited administrative discretion: instrument prescribes mandatory conditions rather than principles, constraining agency choices about how to design eligible arrangements (Schedule generally)."],"plain_english_summary":"This 1997 determination sets minimum legal conditions for alternative superannuation arrangements offered to certain Australian public servants whose employment terms are in Australian Workplace Agreements or Certified Agreements. It affects employing agencies and employees by requiring specific fund choice, vesting and preservation of employer contributions, cost neutrality for agencies, cessation of employer contributions on termination, and public reporting — all as a condition for using personalised or non-statutory arrangements."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination appears to serve its original narrow purpose: setting baseline superannuation requirements for a specific category of public servants moved to workplace agreements during 1990s industrial relations reforms. The scope remains tightly constrained to its target group and does not appear to have expanded beyond this original intent."},"complexity_factors":["Short, single-purpose instrument with only 5 operative paragraphs","Heavy reliance on external statutory references (Superannuation Industry (Supervision) Act 1993, Part 6 of SIS Regulations, three separate Superannuation Acts, Workplace Relations Act 1996, Public Service Act 1922) — understanding this determination requires cross-referencing at least 6 other pieces of legislation","Uses technical superannuation terminology ('complying superannuation fund', 'vested', 'preserved', 'RSA') without on-the-spot definitions","Conditional application limited to specific employment instrument types (Australian Workplace Agreements and Certified Agreements under the Workplace Relations Act 1996)","No nested exceptions or elaborate conditional logic within the instrument itself"],"plain_english_summary":"This 1997 ministerial determination sets superannuation rules for Commonwealth public servants employed under Australian Workplace Agreements or Certified Agreements who aren’t covered by the main public service schemes. It requires employees to use a complying super fund or RSA, ensures employer contributions immediately vest for employees but are preserved until retirement, prevents arrangements costing departments more than standard schemes, stops employer payments when staff leave, and requires departments to report the arrangements.\n\nIt protected super rights during the 1990s shift from collective awards to individual/enterprise agreements."}},"importantCases":[],"_links":{"self":"/api/acts/f2008b00487","history":"/api/acts/f2008b00487/history","analysis":"/api/acts/f2008b00487/analysis","conflicts":"/api/acts/f2008b00487/conflicts","importantCases":"/api/acts/f2008b00487/important-cases","documents":"/api/acts/f2008b00487/documents"}}