{"id":"F2009L02414","name":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2009","slug":"family-law-superannuation-interest-rate-for-adjustment-period-determination-2009","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":79335,"registerId":"commonwealth-F2009L02414-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2009","content":"![](image.001.png)\n\nFamily Law (Superannuation) (Interest Rate for Adjustment Period) Determination 20091\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 2009, is 0.082; 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 2009; and\n\n(c) acting under subregulation 45D (6) of those Regulations:\n\n(i) determine, for 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 2009 and ending in the next financial year; and\n\n(ii) determine, for 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 2009 and ending in the next financial year.\n\nThis Determination commences on 1 July 2009.\n\nDated 12 June 2009\n\nPETER COLIN MARTIN\n\nAustralian Government Actuary\n\nSchedule 1 Method — Adjustment period of less than 12 months in the 2009–10 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  \n2008–09 and 2009–10 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\nwhere:\n\n> d1 is the number of days in the adjustment period in the financial year ending on 30 June 2009.\n\n> d2 is the number of days in the adjustment period in the financial year beginning on 1 July 2009.\n\nSchedule 3 Method — Adjustment period of less than 12 months bridging the 2008–09 and 2009–10 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\nwhere:\n\n> d1 is the number of days in the adjustment period in the financial year ending on 30 June 2009.\n\n> d2 is the number of days in the adjustment period in the financial year beginning on 1 July 2009.\n\n> Note\n\n> Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination performs exactly the function intended by the enabling regulations: setting annual interest rates and calculation methods for superannuation splitting adjustments. It has not expanded beyond its original technical purpose."},"complexity_factors":["Short, single-purpose instrument (4 pages)","Only 1 defined rate (0.082) plus 3 simple algebraic formulas","Heavy reliance on external references to Family Law (Superannuation) Regulations 2001 (subregulations 45D(3), (4), (5), (6))","Mathematical notation requires interpretation but formulas are straightforward weighted averages","Limited conditional logic—only three discrete scenarios covered"],"plain_english_summary":"The determination fixes the interest rate at 8.2% for the 2009–10 financial year to be used when calculating interest adjustments for superannuation splits in family law property settlements. It also gives formulas for pro‑rating interest when adjustment periods fall within or span financial years. This affects separating couples, family lawyers and super funds by standardising how split amounts are adjusted."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination does not alter who is covered by the Family Law (Superannuation) Regulations 2001 or change substantive rules; it only fixes the numeric interest rate for the 2009–10 adjustment period and specifies calculation methods for different timing cases, acting under the delegated power in subregulation 45D (paragraphs (a)–(c)) and commencing 1 July 2009."},"complexity_factors":["Narrow technical change: fixes a single numeric rate (0.082) for the 2009–10 adjustment period (paragraph (a)).","Multiple calculation paths: three distinct formulas for (a) adjustment periods <12 months within 2009–10 (Schedule 1), (b) exactly 12‑month bridging periods (Schedule 2), and (c) <12‑month bridging periods (Schedule 3).","Day‑count arithmetic: methods require counting days (d, d1, d2) and prorating, inviting minor computational and rounding issues (Schedules 1–3).","Legal hook and limited discretion: made by the Australian Government Actuary under subregulation 45D(3),(4),(6), so the instrument exercises delegated power rather than changing primary legislation (first recital and paragraphs (a)–(c)).","Temporal constraint and commencement: applies only from 1 July 2009 (commencement clause), so implementers must apply the rate/methods only for that financial year.","Implementation locus: affects calculations done under the Family Law (Superannuation) Regulations 2001, so administrators or advisers performing those calculations must follow the Determination (title and operative text)."],"plain_english_summary":"This Determination sets the interest rate used for \"adjustment period\" calculations under the Family Law (Superannuation) Regulations 2001 for the financial year starting 1 July 2009 (rate = 0.082), and prescribes three specific day‑count formulas (Schedules 1–3) for partial and cross‑financial‑year adjustment periods. The Australian Government Actuary makes the determination under subregulation 45D; anyone doing adjustment‑period interest calculations under those Regulations must use the stated rate and methods."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2009","history":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2009/history","analysis":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2009/analysis","conflicts":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2009/conflicts","importantCases":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2009/important-cases","documents":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2009/documents"}}