{"id":"legislative-assembly-members-superannuation-contributions-act-2004","name":"Legislative Assembly Members' Superannuation Contributions Act 2004","slug":"legislative-assembly-members-superannuation-contributions-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30273,"registerId":"nt-legislative-assembly-members-superannuation-contributions-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legislative Assembly Members' Superannuation Contributions Act 2004","content":"NORTHERN TERRITORY OF AUSTRALIA\nLEGISLATIVE ASSEMBLY MEMBERS' SUPERANNUATION\nCONTRIBUTIONS ACT 2004\nAs in force at 20 November 2020\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Complying superannuation funds .................................................... 2\n5 Application ....................................................................................... 2\nPart 2 Superannuation contributions for\nmembers\nDivision 1 Territory's obligation to make contributions\n6 Contributions to contributions fund .................................................. 3\nDivision 2 Choice of contributions fund\n7 Member may choose fund ............................................................... 3\n8 How to choose fund ......................................................................... 4\n9 Duration of choice............................................................................ 4\n10 Variation of choice ........................................................................... 4\n11 Revocation of choice ....................................................................... 5\n12 Clerk to notify member of right to choose fund ................................ 5\nDivision 3 Default contributions fund\n13 Declaration of default fund ............................................................... 6\nPart 3 Miscellaneous\n14 Salary sacrifice ................................................................................ 6\n15 Appropriation ................................................................................... 7\n16 Regulations...................................................................................... 7\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2020\n____________________\nLEGISLATIVE ASSEMBLY MEMBERS' SUPERANNUATION\nCONTRIBUTIONS ACT 2004\nAn Act to provide for the making of superannuation contributions for\ncertain members of the Legislative Assembly elected or re-elected after\nthe commencement of this act, and for other purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Legislative Assembly Members'\nSuperannuation Contributions Act 2004.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\nadditional salary, of a member, means that part of the member's\nsalary that is paid to the member, in addition to his or her basic\nsalary, for:\n(a) service in the Legislative Assembly as the Speaker, a Minister\nor the Leader of the Opposition; or\n(b) other service in a particular office, or in the performance of a\nparticular function, in respect of which remuneration is payable\nunder the Assembly Members and Statutory Officers\n(Remuneration and Other Entitlements) Act 2006.\nbasic salary has the same meaning as in the Assembly Members\nand Statutory Officers (Remuneration and Other Entitlements)\nAct 2006.\nchoice notice means a notice under section 8 and includes a\nchoice notice as varied under section 10.\n\nPart 1 Preliminary\nLegislative Assembly Members' Superannuation Contributions Act 2004 2\nClerk means the Clerk of the Legislative Assembly.\ncomplying superannuation fund has the meaning in section 4.\ncontribution means a contribution under section 6.\ncontributions fund, of a member at a particular time, means:\n(a) if there is a choice notice given by the member in effect at that\ntime – the fund specified in the notice; or\n(b) if paragraph (a) does not apply – the default fund at that time.\ndefault fund means the default fund declared under section 13.\nfund includes a scheme and an account.\nmember means a member of the Legislative Assembly referred to\nin section 5.\nmonth means one of the 12 months of the year.\nRSA has the same meaning as in the Retirement Savings Accounts\nAct 1997 of the Commonwealth.\n4 Complying superannuation funds\nFor this Act, a fund is a complying superannuation fund at a\nparticular time if:\n(a) the fund is a complying superannuation fund for Part IX of the\nIncome Tax Assessment Act 1936 of the Commonwealth in\nrelation to the year of income in which the time occurs; and\n(b) the fund is a superannuation fund within the meaning of\nsection 6(1) of the Income Tax Assessment Act 1936 of the\nCommonwealth.\n5 Application\nThis Act applies in relation to a member of the Legislative\nAssembly:\n(a) who is first elected after the commencement of this Act; or\n(b) who is re-elected after that commencement and, before that\ncommencement:\n(i) was receiving, or was entitled to receive, a pension\nunder the Legislative Assembly Members' Pensions\nAct 1979; or\n\nPart 2 Superannuation contributions for members\nDivision 2 Choice of contributions fund\nLegislative Assembly Members' Superannuation Contributions Act 2004 3\n(ii) had received, or was entitled to receive, a payment\nunder section 21 of that Act.\nPart 2 Superannuation contributions for members\nDivision 1 Territory's obligation to make contributions\n6 Contributions to contributions fund\n(1) The Territory must, in respect of each month, make a contribution\nfor a member to the member's contributions fund.\n(2) Subject to subsection (3), the contribution is an amount equal to the\ngreater of:\n(a) 9% of the sum of:\n(i) the member's basic salary for the month; and\n(ii) the member's additional salary for the month; or\n(b) the minimum amount necessary to avoid a superannuation\nguarantee shortfall within the meaning of the Superannuation\nGuarantee (Administration) Act 1992 of the Commonwealth.\n(3) For subsection (2), any reduction of the member's basic salary or\nadditional salary because of salary sacrifice under section 14 must\nbe disregarded.\n(4) Despite subsection (1), the Territory is not required to pay\ncontributions to the member's contributions fund if, under the\nSuperannuation Industry (Supervision) Act 1993 of the\nCommonwealth (including regulations under that Act), the\ncontribution fund is not permitted to receive those contributions.\nDivision 2 Choice of contributions fund\n7 Member may choose fund\n(1) A member may choose a fund to which contributions for the\nmember are made.\n(2) At the time the choice is made, the fund must be:\n(a) a complying superannuation fund; or\n(b) an RSA.\n\nPart 2 Superannuation contributions for members\nDivision 2 Choice of contributions fund\nLegislative Assembly Members' Superannuation Contributions Act 2004 4\n(3) At any particular time, there can only be one fund chosen by the\nmember.\n8 How to choose fund\n(1) The member may only choose a fund by notice in writing given to\nthe Clerk.\n(2) The notice must:\n(a) specify the name of, and contact details for, the fund;\n(b) specify the date on which the notice takes effect, which cannot\nbe earlier than the date on which the notice is given;\n(c) contain any other information prescribed by regulation; and\n(d) be accompanied by evidence that the fund will accept\ncontributions.\n9 Duration of choice\nThe member's choice of fund takes effect on the date specified in\nthe choice notice and remains in effect until whichever of the\nfollowing occurs first:\n(a) the contribution for the member in respect of the month in\nwhich he or she ceases to be a member is paid;\n(b) the choice notice is revoked under section 11;\n(c) the fund ceases to exist;\n(d) the fund ceases to accept contributions;\n(e) the fund ceases to be a complying superannuation fund or an\nRSA.\n10 Variation of choice\n(1) The member may vary the choice notice by notice in writing given\nto the Clerk.\n(2) The only variations permitted are:\n(a) to change the fund to another fund that is, at the time the\nnotice of variation is given:\n(i) a complying superannuation fund; or\n(ii) an RSA; or\n\nPart 2 Superannuation contributions for members\nDivision 2 Choice of contributions fund\nLegislative Assembly Members' Superannuation Contributions Act 2004 5\n(b) to change the date on which the choice notice takes effect to a\nlater date (but only if the choice notice has not already taken\neffect).\n(3) The notice of variation must specify the date on which the variation\ntakes effect, which cannot be earlier than the date on which the\nnotice of variation is given.\n(4) If the variation is to change the fund to another fund, the notice of\nvariation must:\n(a) specify the name of, and contact details for, the new fund; and\n(b) be accompanied by evidence that the fund will accept\ncontributions.\n(5) The variation takes effect on the date specified in the notice of\nvariation.\n11 Revocation of choice\n(1) The member may revoke the choice notice by notice in writing\ngiven to the Clerk.\n(2) The notice of revocation must specify the date on which the\nrevocation takes effect, which cannot be earlier than the date on\nwhich the notice of revocation is given.\n(3) The revocation takes effect on the date specified in the notice of\nrevocation.\n12 Clerk to notify member of right to choose fund\nWithin 28 days after a member is elected or re-elected, the Clerk\nmust give the member a written notice containing the following:\n(a) a statement that the member may choose a complying\nsuperannuation fund or an RSA as the fund to which\ncontributions for the member will be made;\n(b) a statement that, if the member does not choose a fund, each\ncontribution will be paid into the fund that is the default fund at\nthe time of payment;\n(c) any other information prescribed by regulation.\n\nPart 3 Miscellaneous\nLegislative Assembly Members' Superannuation Contributions Act 2004 6\nDivision 3 Default contributions fund\n13 Declaration of default fund\n(1) The Minister may, by notice in writing, declare a fund to be the\ndefault fund for the purposes of this Act.\n(2) At the time the declaration is made, the fund must be a complying\nsuperannuation fund other than a self managed superannuation\nfund.\n(3) The declaration must specify the date on which it takes effect,\nwhich may be the date the declaration is made or an earlier or later\ndate.\n(4) The Minister must make a declaration under subsection (1) as soon\nas practicable after the commencement of this Act.\n(5) The Minister may, by notice in writing, revoke a declaration under\nsubsection (1).\n(6) The notice of revocation must specify the date on which the\nrevocation takes effect, which may be the date the notice of\nrevocation is made or an earlier or later date.\n(7) If the Minister revokes a declaration under subsection (5), the\nMinister must make another declaration under subsection (1), which\nmust take effect immediately after the revocation takes effect.\n(8) At any particular time, there can only be one default fund.\n(9) In this section:\nself managed superannuation fund, see section 10 of the\nSuperannuation Industry (Supervision) Act 1993 (Cth).\nPart 3 Miscellaneous\n14 Salary sacrifice\n(1) A member may salary sacrifice not more than the prescribed\npercentage of:\n(a) the member's basic salary;\n(b) the member's additional salary; or\n(c) the sum of those amounts.\n\nPart 3 Miscellaneous\nLegislative Assembly Members' Superannuation Contributions Act 2004 7\n(2) The Regulations may provide for salary sacrifice by members.\n(3) In subsection (1):\nprescribed percentage means:\n(a) 50%; or\n(b) if another percentage is prescribed by regulation – that\npercentage.\n15 Appropriation\nContributions payable under section 6 are to be paid from the public\nmoneys of the Territory and the appropriation for that purpose is\nestablished or increased to the extent necessary.\n16 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nENDNOTES\nLegislative Assembly Members' Superannuation Contributions Act 2004 8\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLegislative Assembly Members' Superannuation Contributions Act 2004 (Act No. 69,\n2004)\nAssent date 21 December 2004\nCommenced 9 May 2005 (Gaz S15, 9 May 2005)\nAssembly Members and Statutory Officers (Remuneration and Other Entitlements) Act\n2006 (Act No. 7, 2006)\nAssent date 26 April 2006\nCommenced 26 April 2006\nFinancial Management Amendment Act 2009 (Act No. 15, 2009)\nAssent date 18 June 2009\nCommenced 18 June 2009\nLegislative Assembly Members' Superannuation Contributions Amendment Act 2015\n(Act No. 30, 2015)\nAssent date 18 December 2015\nCommenced 12 February 2020 (Gaz G6, 12 February 2020, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3 and 5.\n\nENDNOTES\nLegislative Assembly Members' Superannuation Contributions Act 2004 9\n3 LIST OF AMENDMENTS\ns 3 amd No. 7, 2006, s 30; No. 30, 2015, s 4\ns 5 amd No. 26, 2020, s 3\ns 7 amd No. 30, 2015, s 5\ns 9 amd No. 30, 2015, s 6\ns 10 amd No. 30, 2015, s 7\ns 12 amd No. 30, 2015, s 8\ns 13 amd No. 30, 2015, s 9\ns 15 amd No. 15, 2009, s 16","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on the original subject‑matter—requiring the Territory to make superannuation contributions for specified Legislative Assembly members and setting choice/default mechanisms. Subsequent amendments have refined eligibility criteria (e.g. treatment of certain re‑elected members), adjusted procedural detail (choice, variation and notification mechanics), and updated cross‑references to other legislation, but they do not materially extend the Act beyond its original purpose of providing and directing members' superannuation contributions."},"complexity_factors":["Approximately 12 defined terms in the interpretation section (s 3) that affect application and calculation (e.g. additional salary, basic salary, choice notice, contributions fund, default fund, RSA).","Cross‑references to multiple Commonwealth Acts: Income Tax Assessment Act 1936 (definitions and Part IX), Superannuation Guarantee (Administration) Act 1992 (superannuation guarantee shortfall), Superannuation Industry (Supervision) Act 1993 (fund permissibility and self‑managed funds), and the Retirement Savings Accounts Act 1997 (RSA status) (ss 4, 6(2), 6(4), 13(9)).","Conditional logic around choice, variation and revocation with multiple termination triggers for a member’s chosen fund (ss 7–11; s 9 lists five separate end points).","Ministerial discretion to declare and revoke a single default fund, with immediate replacement required on revocation (s 13(1), (5)–(7)).","Salary‑sacrifice interaction: members may salary sacrifice up to a prescribed percentage (default 50%), but the Territory’s contribution base disregards salary sacrifice reductions (s 14; s 6(3)).","Administrative steps and evidentiary requirements for a valid choice (written notice, fund contact details, evidence of acceptance) create procedural conditions (s 8).","A prohibition on defaulting to self‑managed super funds (s 13(2)).","Regulation‑making powers that can change certain operational details (ss 14(2), 16), creating possible downstream complexity."],"plain_english_summary":"**What this law does (mechanics)\n\n- Requires the Northern Territory Government (\"the Territory\") to make monthly superannuation contributions for eligible members of the Legislative Assembly (s 6).\n- Sets the contribution level as the greater of 9% of the member's salary (basic plus any additional salary) or whatever minimum is needed to avoid a Commonwealth superannuation guarantee shortfall (s 6(2)). Reductions in salary because a member salary‑sacrifices do not reduce the Territory’s contribution base (s 6(3)).\n- Lets a member direct (choose) which fund receives their contributions — either a complying superannuation fund or a Retirement Savings Account (RSA). The choice is made by written notice to the Clerk and must include fund details and evidence the fund will accept contributions (ss 7–9, 8(1),(2),(d)).\n- Allows members to vary or revoke their choice by written notice; only certain variations are permitted (change to another complying fund/RSA or push the effective date later) (ss 10–11).\n- Requires the Clerk to tell each newly elected or re‑elected member, within 28 days, that they may choose a fund and that if they do not, contributions will go to the declared default fund (s 12).\n- Gives a Minister power to declare one complying (but not self‑managed) superannuation fund as the Territory's default fund; the Minister can revoke and replace that declaration (s 13).\n- Permits members to salary sacrifice up to a prescribed percentage of salary (default 50% unless regulation changes that) and allows regulations to cover salary sacrifice details (s 14).\n- Requires public moneys to be used to pay contributions (s 15) and allows the Administrator to make regulations to support the Act (s 16).\n\nWho is covered\n\n- The Act applies to members of the Legislative Assembly who are first elected after the Act started, and to certain re‑elected members who before commencement were receiving (or entitled to) specified pensions or payments under the earlier Members' Pensions Act (s 5).\n\nStated purpose and how that works in practice\n\n- The Act’s stated purpose (long title) is to provide for the making of superannuation contributions for certain Assembly members elected or re‑elected after the Act started. Mechanically, it does that by (a) obliging the Territory to pay a monthly contribution (s 6), (b) giving members control to direct contributions to an eligible fund (ss 7–11), and (c) providing a default fund if the member does not choose one (s 13).\n\nPractical effects, incentives and trade‑offs (testing the stated purpose)\n\n- Who pays: The Territory pays from public funds; contributions are appropriated from Territory public moneys (s 6; s 15).\n- Who decides: Members decide which fund receives their contributions by written notice to the Clerk (ss 7–9). The Minister decides which fund is the Territory's default (s 13). The Administrator can make supporting regulations (s 16).\n- Behaviour changes: Members can shift where their employer contributions flow, increasing their control over retirement savings (ss 7–11). Because the Territory's contribution is calculated ignoring salary reductions from salary sacrifice (s 6(3)), members are incentivised to salary‑sacrifice without reducing the employer contribution base.\n- Effects on private super providers and competition: Allowing members to nominate any complying fund or RSA (ss 7, 8) lets contributions move across private and industry super funds, altering the flow of employer contributions to the market. The Minister’s power to name a single default fund (s 13) concentrates contributions for non‑choosers into one fund, which can create a material steady flow to that fund depending on members’ choices.\n- Administrative and compliance costs: The Clerk must issue notices and receive, record and verify members’ written choices and evidence that a fund accepts contributions (ss 8, 12). The Territory must also ensure contributions are not sent to a fund that, under Commonwealth law, cannot accept them (s 6(4)). These steps create modest ongoing administrative work.\n- Interaction with Commonwealth law and implementation risks: The Act expressly depends on Commonwealth definitions and rules (what counts as a \"complying\" fund, RSAs, and whether a fund may accept contributions). That means changes in Commonwealth superannuation law or in a fund's compliance status can change whether contributions can be paid to the member's chosen fund or the default (ss 4, 6(4), 13(2)).\n- Opportunity costs and budgetary impact: The payments are an ongoing public expense paid from Territory funds (s 15). The net cost depends on the number of eligible members and contribution levels (s 6).\n\nConcrete limits and safeguards\n\n- Only one fund may be nominated at a time (s 7(3)).\n- The default fund must be a complying fund but not a self‑managed superannuation fund (s 13(2)).\n- If a fund ceases to exist, accept contributions, or to be complying, the member’s choice ends and payments will revert to the default (s 9(d)–(e)).\n\nSummary sentence\n\n- In short: the Act obliges the Territory to pay monthly super contributions for specified members, lets members choose which eligible fund receives those contributions (with formal notice and evidence), establishes a Minister‑declared default fund for non‑choosers, allows salary sacrifice subject to limits, and ties administration and permissibility to Commonwealth superannuation rules (see ss 6–14)."},"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":"The legislation remains tightly focused on its original purpose: establishing a superannuation contribution system for post-2005 Legislative Assembly members. The 2015 amendments refined operational details (choice mechanisms, default fund rules) without expanding the scope beyond the original cohort of affected members or the core function of managing super contributions."},"complexity_factors":["Short statute with only 16 sections across 3 Parts","Minimal cross-referencing—primarily references to Commonwealth superannuation legislation (Superannuation Guarantee Act, Superannuation Industry Supervision Act, Income Tax Assessment Act) and one other NT Act","Straightforward conditional logic with clear triggers (election/re-election dates, choice notice status)","Only 9 defined terms in section 3, most referencing external legislation rather than creating complex internal definitions","Simple administrative structure: Clerk handles member notifications, Minister declares default fund","No nested exceptions or complex temporal calculations beyond basic 'ceases to be a member' triggers","Regulation-making power (section 16) is standard and unconstrained, but limited in use within the Act itself"],"plain_english_summary":"**What this law does:**\n\nThis law sets up a superannuation (retirement savings) system for members of the Northern Territory Legislative Assembly (MLAs) who were elected or re-elected after May 2005. It requires the Territory government to make regular super contributions on behalf of these politicians.\n\n**Who it affects:**\n\n- **MLAs elected after 2005** who aren't already receiving a pension under the old 1979 scheme\n- **MLAs re-elected after 2005** who were previously receiving or entitled to receive a pension under the old scheme or a payment under that scheme\n- The **Clerk of the Legislative Assembly** (who administers the system)\n- The **Minister** (who declares the default super fund)\n\n**Key features:**\n\n- **Mandatory contributions:** The Territory must pay at least 9% of each MLA's salary (basic + additional) into their super fund each month, or the minimum required to avoid a \"superannuation guarantee shortfall\" (a penalty for not paying enough super), whichever is greater.\n\n- **Choice of fund:** MLAs can choose their own complying superannuation fund (one that meets Commonwealth tax rules) or Retirement Savings Account (RSA). If they don't choose, contributions go to a \"default fund\" declared by the Minister.\n\n- **How to choose:** MLAs must give written notice to the Clerk within 28 days of election, specifying their chosen fund and providing evidence the fund will accept contributions.\n\n- **Changing funds:** MLAs can vary their choice to switch funds or revoke it entirely, but must give written notice with specified effective dates.\n\n- **Salary sacrifice:** MLAs can sacrifice (redirect) up to 50% of their salary (or a different percentage set by regulations) into superannuation.\n\n- **No self-managed super as default:** The default fund cannot be a self-managed superannuation fund (a private super fund run by the members themselves).\n\n**Why it matters:**\n\nThis law moved Northern Territory politicians from a defined benefit pension scheme (the old 1979 Act) to a modern accumulation superannuation system similar to what most Australian workers have. It gives MLAs flexibility to choose their super fund while ensuring the Territory meets its legal obligations to contribute to their retirement savings."}},"importantCases":[],"_links":{"self":"/api/acts/legislative-assembly-members-superannuation-contributions-act-2004","history":"/api/acts/legislative-assembly-members-superannuation-contributions-act-2004/history","analysis":"/api/acts/legislative-assembly-members-superannuation-contributions-act-2004/analysis","conflicts":"/api/acts/legislative-assembly-members-superannuation-contributions-act-2004/conflicts","importantCases":"/api/acts/legislative-assembly-members-superannuation-contributions-act-2004/important-cases","documents":"/api/acts/legislative-assembly-members-superannuation-contributions-act-2004/documents"}}