{"id":"C2004A04419","name":"Occupational Superannuation Standards Regulations Application Act 1992","slug":"occupational-superannuation-standards-regulations-application-act-1992","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"128 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436172,"registerId":"C2004A04419-fast-fetch-1775953430569","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Occupational Superannuation Standards Regulations Application Act 1992","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![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nOccupational Superannuation Standards Regulations Application Act 1992\n\n \n\nNo. 128 of 1992\n\n \n\n \n\n \n\n \n\n \n\nAn Act to provide for the commencement and operation of certain regulations made under the Occupational Superannuation Standards Act 1987\n\n \n\n \n\n \n\nContents\n\n[1 Short title](#_Toc425155757)\n\n[2 Commencement](#_Toc425155758)\n\n[3 Effect of certain regulations made under the Occupational Superannuation Standards Act 1987](#_Toc425155759)\n\n![](image.001.png)\n\n \n\n \n\nOccupational Superannuation Standards Regulations Application Act 1992\n\n \n\nNo. 128 of 1992\n\n \n\n \n\n \n\nAn Act to provide for the commencement and operation of certain regulations made under the Occupational Superannuation Standards Act 1987\n\n \n\n \n\n \n\n[Assented to 19 October 1992]\n\nThe Parliament of Australia enacts:\n\n##### 1  Short title\n\n  This Act may be cited as the Occupational Superannuation Standards Regulations Application Act 1992.\n\n##### 2  Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n##### 3  Effect of certain regulations made under the Occupational Superannuation Standards Act 1987\n\n  Regulations made under the Occupational Superannuation Standards Act 1987 on 30 June 1992 (Statutory Rules 1992 No. 223):\n\n (a) have the same effect; and\n\n (b) are taken always to have had the same effect;\n\nas they would have had if the Superannuation Guarantee (Administration) Act 1992 had received the Royal Assent before those regulations were made.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1644},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act performs exactly the function described in its title and preamble—validating specific 1992 regulations and ensuring they operate retrospectively. It has not expanded beyond this narrow technical remedial purpose."},"complexity_factors":["Only 3 sections with minimal text","No defined terms or interpretation section","Single operative provision with straightforward deeming mechanism","Minimal cross-referencing (only references two related Acts by name)","No exceptions, conditions, or nested logic"],"plain_english_summary":"This Act fixes a technical legal problem with superannuation regulations made in June 1992.\n\nWhen the government made regulations on **30 June 1992** under the *Occupational Superannuation Standards Act 1987*, they assumed the *Superannuation Guarantee (Administration) Act 1992* would already be law. However, that Act hadn't received Royal Assent yet.\n\nThis legislation validates those regulations, ensuring they are legally effective **retroactively** (from the time they were made) as if the Superannuation Guarantee Act had already passed.\n\n**Who it affects:**\n- Employers who had to make superannuation contributions under those 1992 regulations\n- Superannuation funds administering those contributions\n- The Australian Taxation Office enforcing the rules\n\n**Why it matters:**\nWithout this fix, the regulations might have been invalid because they referred to an Act that didn't exist yet. This ensures employer superannuation obligations from mid-1992 onwards are legally sound and enforceable."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Act does not change the substantive content of the regulations. Instead, it changes their legal timing and effect by declaring that the regulations made on 30 June 1992 have (and are taken always to have had) the same effect they would have had if the Superannuation Guarantee (Administration) Act 1992 had already received Royal Assent when the regulations were made (see section 3). In other words, the Act is a retrospective validation and timing clarification rather than a change to the scope or substance of the regulations themselves."},"complexity_factors":["Very short statute (three sections) — limited number of operative provisions (s1–s3).","Retrospective deeming effect in section 3 introduces legal-timing complexity (treats prior regulations as always having had a different legal status).","Dependence on interplay between three instruments: the 1987 Act, the specific regulations (Statutory Rules 1992 No. 223), and the Superannuation Guarantee (Administration) Act 1992 — requires reading across instruments to determine practical effect (s3).","No detailed substantive rules or procedural mechanisms in the Act itself — reduces complexity of implementation but raises issues of legal consequence for affected parties.","Low administrative discretion in the Act (it is declaratory/validating), so complexity comes from downstream compliance, not statutory administration."],"plain_english_summary":"This very short Act makes a timing and effect clarification about regulations connected to occupational superannuation.\n\n- What the Act does, mechanically: it says that certain regulations made under the Occupational Superannuation Standards Act 1987 on 30 June 1992 (Statutory Rules 1992 No. 223) \"have the same effect\" and are \"taken always to have had the same effect\" as they would have had if the Superannuation Guarantee (Administration) Act 1992 had already received Royal Assent before those regulations were made (see section 3). The Act itself takes effect on the day it received Royal Assent (section 2) and is titled in section 1.\n\n- Who decides: Parliament passed this Act to change the legal timing and operation of those specific regulations (s1–s3). The original regulations were made on 30 June 1992; this Act determines how those regulations are to be treated as to legal effect and timing (s3).\n\n- Who pays / who bears effects: the Act does not itself create new payments, but by deeming the regulations to have had a particular effect from an earlier point in time it can change who is legally liable under those regulations. That means employers, trustees and other parties subject to the regulations may bear compliance costs, liabilities or obligations measured as if the Superannuation Guarantee (Administration) Act 1992 had received Royal Assent before the regulations were made (s3).\n\n- How behaviour and incentives change: affected entities must treat those regulations as having been effective in line with the timing stated in section 3. Practically, that can require retroactive adjustments to records, payments or compliance processes where the regulations impose obligations or entitlements that depend on the timing of the Superannuation Guarantee (Administration) Act 1992 (s3).\n\n- Compliance burden and administrative discretion: the Act is a deeming/validation provision rather than a rule-setting provision. It does not itself grant new administrative discretion. Its practical effect is to remove any argument that the regulations lacked effect because the Superannuation Guarantee (Administration) Act 1992 had not yet received Royal Assent when the regulations were made; that can increase or clarify enforcement and compliance obligations for regulated parties (s3).\n\n- Trade-offs and implementation risks: the Act prioritises legal continuity by treating the regulations as if a separate Act had been in force earlier. The trade-off is reduced temporal legal uncertainty in favour of retroactive legal effect. That can create costs for regulated parties who must meet obligations or face liabilities with retrospective effect. The mechanism creating that trade-off is the deeming language in section 3.\n\n- Effects on markets and contracts (concise): the Act itself does not directly alter market rules, prices, competition or ownership. Its retrospective clarification can, however, affect private contractual relationships and cash flows where those depend on whether the regulations were effective at a given time (s3)."}},"importantCases":[],"_links":{"self":"/api/acts/occupational-superannuation-standards-regulations-application-act-1992","history":"/api/acts/occupational-superannuation-standards-regulations-application-act-1992/history","analysis":"/api/acts/occupational-superannuation-standards-regulations-application-act-1992/analysis","conflicts":"/api/acts/occupational-superannuation-standards-regulations-application-act-1992/conflicts","importantCases":"/api/acts/occupational-superannuation-standards-regulations-application-act-1992/important-cases","documents":"/api/acts/occupational-superannuation-standards-regulations-application-act-1992/documents"}}