{"id":"F2016L01057","name":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2016","slug":"family-law-superannuation-interest-rate-for-adjustment-period-determination-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438854,"registerId":"F2016L01057-fast-fetch-1775955107175","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n    ![Commonwealth Coat of Arms](image.001.png)\n\n \n\n \n\nFamily Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2016\n\nI, Peter Colin Martin, Australian Government Actuary, make the following determination under regulation 45D of the Family Law (Superannuation) Regulations 2001.\n\nDated:  21 June 2016\n\nPeter Colin Martin\n\nAustralian Government Actuary\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name of determination\n\n2 Commencement\n\n3 Authority\n\n4 Definition\n\n5 Adjustment period—financial year\n\n6 Adjustment period—less than 12 months within financial year\n\n7 Adjustment period—12 months not within financial year\n\n8 Adjustment period—less than 12 months not within financial year\n\n \n\n1  Name of determination\n\n  This determination is the Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2016.\n\n2  Commencement\n\n  This determination commences on 1 July 2016.\n\n3  Authority\n\n  This determination is made under regulation 45D of the Family Law (Superannuation) Regulations 2001.\n\n4  Definition\n\n  In this determination:\n\nregulations means the Family Law (Superannuation) Regulations 2001.\n\n5  Adjustment period—financial year\n\n  For subregulation 45D(3) of the regulations, the interest rate for the adjustment period, being the financial year beginning on 1 July 2016, is 0.041.\n\n6  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 2016.\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\nd is the number of days in the adjustment period.\n\n7  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 beginning on 1 July 2015 and ends in the financial year beginning on 1 July 2016.\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\n  \n\n  where:\n\nd1 is the number of days in the adjustment period in the financial year beginning on 1 July 2015.\n\nd2 is the number of days in the adjustment period in the financial year beginning on 1 July 2016.\n\n8  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 2015 and ends in the financial year beginning on 1 July 2016.\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\n  where:\n\nd1 is the number of days in the adjustment period in the financial year beginning on 1 July 2015.\n\nd2 is the number of days in the adjustment period in the financial year beginning on 1 July 2016.\n\n \n\n \n","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 instrument performs exactly the function intended by regulation 45D of the Family Law (Superannuation) Regulations 2001: setting annual interest rates for superannuation splitting adjustments. It has not expanded beyond its original technical purpose."},"complexity_factors":["Short, focused instrument (8 sections, ~2 pages)","Single defined term ('regulations')","Four straightforward conditional scenarios covering different adjustment period lengths and timing","Mathematical formulas present but simple (basic arithmetic operations on days and rates)","No nested exceptions or cross-references beyond the enabling regulation","Purpose-built for a single technical function (setting an annual interest rate)"],"plain_english_summary":"This instrument fixes the interest rate at 4.1% for calculating superannuation adjustments when retirement savings are split between separating couples for the 2016–17 year. It also gives formulas to prorate that rate for short or cross-year adjustment periods. It affects separating partners, family lawyers, courts and super funds, ensuring consistent, fair adjustments between valuation and payment dates."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument confines itself to specifying the interest rate for the adjustment period commencing 1 July 2016 and the formulas to calculate prorated rates for particular timing scenarios. It does not amend who is covered by the Family Law (Superannuation) Regulations or expand the Actuary's authority; it operates under reg 45D (ss 3, 5–8)."},"complexity_factors":["Fixed numeric rate specified for the financial year starting 1 July 2016 (s 5).","Separate calculation methods for four timing scenarios: less-than-12-month period within a financial year (s 6); 12-month period spanning two financial years (s 7); less-than-12-month period spanning two financial years (s 8).","Use of day-count variables (d, d1, d2) in the formulas requires precise operational calculation by trustees and advisers (ss 6–8).","Relies on and must be applied under regulation 45D of the Family Law (Superannuation) Regulations 2001—contextual dependency on the principal regulations (s 3)."],"plain_english_summary":"This determination (made by the Australian Government Actuary under reg 45D) sets the interest rate applied to family-law superannuation adjustment periods beginning 1 July 2016 at 0.041 and provides formulas to prorate that rate for shorter periods or periods spanning two financial years (see ss 3, 5–8). It affects separating parties, courts, superannuation trustees and advisers who must use the specified rate and day-count methods when calculating superannuation adjustments under the Family Law Regulations."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2016","history":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2016/history","analysis":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2016/analysis","conflicts":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2016/conflicts","importantCases":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2016/important-cases","documents":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2016/documents"}}