{"id":"F2011L01352","name":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2011","slug":"family-law-superannuation-interest-rate-for-adjustment-period-determination-2011","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":125624,"registerId":"commonwealth-F2011L01352-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2011","content":"![Commonwealth Coat of Arms](image.001.png)\n\nFamily Law (Superannuation) (Interest Rate for Adjustment Period) Determination 20111\n\nFamily Law (Superannuation) Regulations 2001\n\nI, PETER COLIN MARTIN, Australian Government Actuary, make this Determination under regulation 45D of the Family Law (Superannuation) Regulations 2001.\n\nDated 19 June 2011\n\nPETER COLIN MARTIN\n\nAustralian Government Actuary\n\n1 Name of Determination\n\nThis Determination is the Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2011.\n\n2 Commencement\n\nThis Determination commences on 1 July 2011.\n\n3 Definition\n\nIn this Determination:\n\n> Regulations means the Family Law (Superannuation) Regulations 2001.\n\n4 Adjustment period — financial year\n\nFor subregulation 45D (3) of the Regulations, the interest rate for the adjustment period, being the financial year beginning on 1 July 2011, is 0.063.\n\n5 Adjustment period — less than 12 months within financial year\n\n(1) This section applies to an adjustment period of less than 12 months that begins and ends in the financial year beginning on 1 July 2011.\n\n(2) For subregulation 45D (4) of the Regulations, the method for working out the interest rate for the adjustment period is by using the formula:\n\n![](image.002.png)\n\nwhere:\n\n> d is the number of days in the adjustment period.\n\n6 Adjustment period — 12 months not within financial year\n\n(1) This section applies to an adjustment period of 12 months that begins in the financial year beginnng on 1 July 2010 and ends in the financial year beginning on 1 July 2011.\n\n(2) For subregulation 45D (6) of the Regulations, the method for working out the interest rate for the adjustment period is by using the formula:\n\n![](image.003.png)\n\nwhere:\n\n> d1 is the number of days in the adjustment period in the financial year beginning on 1 July 2010.\n\n> d2 is the number of days in the adjustment period in the financial year beginning on 1 July 2011.\n\n7 Adjustment period — less than 12 months not within financial year\n\n(1) This section applies to an adjustment period of less than 12 months that begins in the financial year beginning on 1 July 2010 and ends in the financial year beginning on 1 July 2011.\n\n(2) For subregulation 45D (6) of the Regulations, the method for working out the interest rate for the adjustment period is by using the formula:\n\n![](image.004.png)\n\nwhere:\n\n> d1 is the number of days in the adjustment period in the financial year beginning on 1 July 2010.\n\n> d2 is the number of days in the adjustment period in the financial year beginning on 1 July 2011.\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":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Determination does not alter who is covered or the substantive legal regime for superannuation splitting. It only fixes the numeric interest rate for the 2011–12 adjustment period and specifies how to prorate that rate for various timing scenarios (see sections 4–7), leaving the underlying rules in regulation 45D unchanged."},"complexity_factors":["Primary effect is a single numeric rate (0.063) for a defined financial year — simple to apply (section 4).","Includes straightforward day-count formulas to prorate the annual rate for partial periods (sections 5–7), requiring basic arithmetic rather than complex actuarial modelling.","Relies on cross-reference to regulation 45D of the Family Law (Superannuation) Regulations 2001; interpretation of ‘adjustment period’ depends on that external definition.","Multiple scenario branches (within financial year, spanning two years, full 12 months, less than 12 months) increase the number of calculation paths for administrators.","Practical implementation requires administrative precision (day counts, rounding) by trustees, courts and valuers but imposes minimal substantive legal change."],"plain_english_summary":"This Determination sets the interest rate used to calculate adjustments when superannuation interests are split under the Family Law (Superannuation) Regulations for the financial year starting 1 July 2011 (rate = 0.063). It also prescribes day-count formulas to prorate that rate for adjustment periods shorter than 12 months or spanning two financial years. The change affects separating couples, super fund trustees, valuers and courts by altering the arithmetic used to compute monetary adjustments between parties."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination performs exactly its intended function: setting the annual interest rate for superannuation splitting calculations. It has not expanded beyond the specific technical purpose established by regulation 45D of the Family Law (Superannuation) Regulations 2001."},"complexity_factors":["Short, focused instrument (7 sections, ~2 pages)","Only 1 defined term ('Regulations')","Simple mathematical formulas in sections 5-7, though formulas themselves are presented as images rather than text","Clear structure with logical progression through different timing scenarios","No nested exceptions or conditional logic beyond the basic 'if X applies, use Y formula' structure","Single purpose instrument with no cross-references to other legislation beyond the enabling regulation"],"plain_english_summary":"This determination sets the Australian Government Actuary’s interest rate at 6.3% (0.063) for calculating superannuation splits in family law property settlements for the 2011–12 financial year. It affects separating couples, family lawyers and super funds by standardising the rate used to adjust super balances for time value during the adjustment period, ensuring fair division."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2011","history":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2011/history","analysis":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2011/analysis","conflicts":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2011/conflicts","importantCases":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2011/important-cases","documents":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2011/documents"}}