{"id":"F2005L01611","name":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2005","slug":"family-law-superannuation-interest-rate-for-adjustment-period-determination-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":35569,"registerId":"commonwealth-F2005L01611-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2005","content":"![](image.001.png)\n\nFamily Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2005\n\nFamily Law (Superannuation) Regulations 2001\n\nI, PETER COLIN MARTIN, Australian Government Actuary:\n\n(a) acting under subregulation 45D (3) of the Family Law (Superannuation) Regulations 2001, determine that the interest rate for the adjustment period, being the financial year beginning on 1 July 2005, is 0.073; and\n\n(b) acting under subregulation 45D (4) of those Regulations, determine that the method set out in Schedule 1 is the method for calculating the interest rate for an adjustment period of less than 12 months that begins and ends in the financial year beginning on 1 July 2005; and\n\n(c) acting under subregulation 45D (6) of those Regulations:\n\n(i) determine, for the purposes of subparagraph 45D (5) (b) (i) of those Regulations, that the method set out in Schedule 2 is the method for calculating the interest rate for an adjustment period of exactly 12 months beginning before the end of the financial year ending on 30 June 2005 and ending in the next financial year; and\n\n(ii) determine, for the purposes of subparagraph 45D (5) (b) (ii) of those Regulations, that the method set out in Schedule 3 is the method for calculating the interest rate for an adjustment period of less than 12 months beginning before the end of the financial year ending on 30 June 2005 and ending in the next financial year.\n\n    This Determination commences on 1 July 2005.\n\nDated 20 June 2005\n\nPETER COLIN MARTIN\n\nAustralian Government Actuary\n\nSchedule 1 Method — Adjustment period of less than 12 months in the 2005‑06 financial year\n\n(paragraph (b))\n\n    The method for calculating the interest rate for the adjustment period is:\n\n![](image.002.png)\n\n    where:\n\n> d is the number of days in the adjustment period.\n\nSchedule 2 Method — Adjustment period of exactly 12 months bridging the 2004‑05 and 2005‑06 financial years\n\n(subparagraph (c) (i))\n\n    The method for calculating the interest rate for the adjustment period is:\n\n![](image.003.png)\n\n    where:\n\n> d1 is the number of days in the adjustment period in the financial year ending on 30 June 2005.\n\n> d2 is the number of days in the adjustment period in the financial year beginning on 1 July 2005.\n\nSchedule 3 Method — Adjustment period of less than 12 months bridging the 2004‑05 and 2005‑06 financial years\n\n(subparagraph (c) (ii))\n\n    The method for calculating the interest rate for the adjustment period is:\n\n![](image.004.png)\n\n    where:\n\n> d1 is the number of days in the adjustment period in the financial year ending on 30 June 2005.\n\n> d2 is the number of days in the adjustment period in the financial year beginning on 1 July 2005.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination performs exactly the function intended by the enabling regulations - it sets the annual interest rate and calculation methods for the specified financial year. It does not expand beyond the technical administrative purpose for which the power was conferred."},"complexity_factors":["Short, single-purpose instrument (4 pages)","Only 1 defined term used ('adjustment period' - defined in the parent Regulations)","Three simple mathematical formulas in Schedules, all following the same basic weighted average pattern","Heavy cross-referencing to subregulations 45D(3), 45D(4), 45D(5) and 45D(6) of the Family Law (Superannuation) Regulations 2001","No nested exceptions or conditional logic beyond the three distinct scenarios addressed","Formulas are algebraic but straightforward (weighted averages based on days in period)"],"plain_english_summary":"This determination sets the annual interest rate at 7.3% for calculating growth of superannuation during “adjustment periods” in family law property settlements for 2005–06. It supplies formulas to handle partial-year periods and adjustment periods spanning financial years (using weighted averages). It affects separating couples, family lawyers, courts, and super funds by standardizing how delayed payment or valuation timing changes are accounted for, ensuring fairer division of retirement savings."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination does not change who is covered by the Regulations. It only sets the numerical interest rate for the 2005–06 financial year (commencing 1 July 2005) and prescribes methods to calculate prorated rates for partial and bridging adjustment periods under subregulation 45D of the Family Law (Superannuation) Regulations 2001."},"complexity_factors":["A single numeric rate is specified (0.073) — simple to apply for full-year adjustments.","Three separate calculation methods are prescribed (Schedules 1–3), requiring selection of the correct formula depending on whether the adjustment period is less than 12 months, exactly 12 months bridging years, or less than 12 months bridging years (subregulation 45D(3)–(6)).","Formulas require day-counting (variables d, d1, d2) and weighted averaging across financial years, creating potential for minor arithmetic or date-boundary errors.","Dependence on the Family Law (Superannuation) Regulations 2001 (subregulation 45D) to determine when and how the Determination applies increases the need to reference primary regulations.","Administrative compliance burden falls on trustees, valuers and practitioners to compute, document and apply the correct schedule for each case."],"plain_english_summary":"Determines the interest rate 0.073 for superannuation adjustment periods in the 2005–06 financial year and prescribes three formulae to prorate that rate for partial-year and cross-year adjustment periods. It affects separating couples, superannuation trustees and valuers who must apply the specified methods to calculate interest on family law superannuation adjustments; the Australian Government Actuary makes the rate decision under subregulation 45D and administrators bear the computation and record‑keeping burden."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2005","history":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2005/history","analysis":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2005/analysis","conflicts":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2005/conflicts","importantCases":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2005/important-cases","documents":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2005/documents"}}