{"id":"F2008B00709","name":"Superannuation Act 1976 - Declaration (13/05/1984)","slug":"superannuation-act-1976-declaration-13-05-1984","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72038,"registerId":"commonwealth-F2008B00709-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1976 - Declaration (13/05/1984)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: SUPERANNUATION ACT 1976\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nSUPERANNUATION ACT 1976\n\n \n\n \n\n \n\nDECLARATION\n\n \n\n \n\nI, John Sydney Dawkins, Minister of State for Finance:-\n\n \n\n(a)                in pursuance of section 134 of the Superannuation\n\nAct 1976 declare the Superannuation Scheme for\n\nAustralian Universities to be an eligible\n\nsuperannuation scheme for the purposes of\n\nDivision 3 of Part IX of that Act;\n\n \n\n(b)               in pursuance of sub-section 145(11) of the\n\nSuperannuation Act 1976, declare the\n\nSuperannuation Scheme for Australian Universities\n\nto be an approved superannuation scheme for the\n\npurposes of section 145 of that Act; and\n\n \n\n (c) specify the first day of January, one thousand\n\n  nine hundred and eighty-three, as the day on\n\n  which these declarations are to be deemed to have\n\n  come into force.\n\n \n\nDated this  thirteenth  day of  May 1984.\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nJ S    Dawkins\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a discrete administrative declaration made under specific powers in the Superannuation Act 1976. It has not grown beyond its original purpose; it simply exercises the exact authority it was designed to exercise."},"complexity_factors":["Single-page ministerial declaration with no operative provisions beyond the declarations themselves","Only 3 short paragraphs of substantive content","No defined terms, cross-references to other legislation beyond citing specific section numbers, or conditional logic","Straightforward declaratory language with no exceptions or nested conditions"],"plain_english_summary":"This is a short ministerial declaration made in 1984 by John Dawkins, who was then the Finance Minister. It does two main things:\n\n**What it does:**\n- **Approves a university super fund**: It officially recognises the \"Superannuation Scheme for Australian Universities\" (now known as UniSuper) as an \"eligible\" and \"approved\" superannuation scheme under the main Superannuation Act 1976.\n\n**Why this matters:**\n- **For university staff**: This declaration allowed employees of Australian universities to join this specific super fund and receive certain tax concessions and benefits that come with government-approved status.\n- **Backdated effect**: The declaration applies retrospectively from **1 January 1983**, meaning the approval is treated as if it had been in place for over a year before the declaration was actually signed.\n\n**Who it affects:**\n- University employees and their employers who were contributing to (or wanted to contribute to) the Superannuation Scheme for Australian Universities during the early 1980s.\n\nIn short, this is a routine administrative instrument that gave official government blessing to the university sector's superannuation fund, making it easier for academics and university staff to save for retirement with tax advantages."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Superannuation Act or the scheme's internal rules. It formalises the Superannuation Scheme for Australian Universities' legal status under the Act by declaring it an \"eligible\" and \"approved\" scheme and backdates that recognition to 1 January 1983. The scope of the Act or the scheme's rules is not changed by this declaration; rather, the scheme is recognised within the statutory categories established by the Act."},"complexity_factors":["Short, self‑contained declaration text with clear operative acts (two statutory declarations and an effective date).","References to multiple external statutory provisions (section 134; Division 3 of Part IX; sub‑section 145(11); section 145) that determine substantive consequences but are not reproduced here.","Retroactive effective date (1 January 1983) introduces potential administrative and legal follow‑up complexity for record‑keeping and entitlement calculation.","Ministerial discretion exercised under named statutory powers, requiring reference to those provisions to assess criteria or limits on discretion."],"plain_english_summary":"What this declaration does\n\n- The Minister for Finance (J. S. Dawkins) declares that the Superannuation Scheme for Australian Universities is: (a) an \"eligible superannuation scheme\" for the purposes of Division 3 of Part IX of the Superannuation Act 1976 (made under section 134); and (b) an \"approved superannuation scheme\" for the purposes of section 145 of the Act (made under sub‑section 145(11)). The declaration is dated 13 May 1984 and is specified to have taken effect from 1 January 1983. (See section references in the instrument.)\n\nHow it works, mechanically\n\n- Authority: The Minister acted using powers expressly referenced in the Act (section 134 and sub‑section 145(11)). The declaration records the Minister's decision and fixes an effective date. (Instrument text.)\n- Legal effect: The declaration changes the scheme's legal status under the Superannuation Act by making it \"eligible\" under Division 3 of Part IX and \"approved\" under section 145. The specific legal consequences of those labels depend on the provisions of Division 3 and section 145 of the Act, which are not reproduced in this declaration. The declaration itself does not amend the scheme's rules or the Act; it records recognition under the Act.\n- Retroactivity: The instrument expressly backdates the recognition to 1 January 1983, so the legal recognition is treated as having been in effect from that earlier date.\n\nWho it affects and who decides\n\n- Who decides: the Minister for Finance made the declaration (J. S. Dawkins). (Instrument.)\n- Who is directly affected: the Superannuation Scheme for Australian Universities and its stakeholders (for example, the scheme's members, administrators, and participating employers). Any financial or regulatory impacts flow from the scheme's new status under the cited parts of the Act.\n\nCosts, incentives, trade-offs and compliance implications (source‑limited)\n\n- Costs: The declaration text does not state who will bear any financial costs. Which parties pay (members, employers, or government) depends on the scheme's rules and on the detailed entitlements and obligations set out in Division 3 and section 145 of the Act. The declaration therefore changes legal status but not explicit budgetary allocations in itself. (See instrument referencing Division 3 of Part IX and section 145.)\n- Incentives: By making the scheme \"eligible\" and \"approved\" under the Act, the declaration may change incentives for membership, employer behaviour, or scheme management if those statutory categories carry benefits or obligations. The instrument does not specify those benefits; they are determined by the referenced provisions of the Act.\n- Compliance burden and implementation risk: Administrators and employers will need to confirm and, where necessary, adjust administration, record‑keeping and reporting to reflect the scheme's recognised status as of the backdated effective date. The retroactive date (1 Jan 1983) may require reconstruction of historical records and could produce disputes about entitlements or contributions covering the retroactive period.\n- Bureaucratic discretion: The Minister exercised statutory discretion under section 134 and sub‑section 145(11) to make the declarations. The instrument does not describe criteria used for the exercise of that discretion.\n\nEffects on private choice, competition and market actors (source‑limited)\n\n- The declaration changes the scheme's statutory status; any effect on competition, prices, productivity, ownership, or contractual freedom depends on the actual legal rights or privileges attached to \"eligible\" or \"approved\" schemes in Division 3 and section 145. The declaration itself does not alter market regulation or ownership structures directly; it alters the scheme's position within the statutory framework.\n\nConcentrated benefits and diffuse costs (conditional observation)\n\n- If Division 3 or section 145 confer specific entitlements or tax/regulatory advantages, the principal beneficiaries are likely concentrated (members and employers of the university scheme). Any costs that arise under those provisions (for example, if public funds or broader sector contributions are implicated) would be allocated according to the Act and scheme rules and may be more diffuse. The declaration simply triggers the scheme's eligibility/approval status; the allocation of benefits and costs follows from the cited statutory provisions.\n\nKey operative facts (from the instrument)\n\n- Decision maker: J. S. Dawkins, Minister of State for Finance. (Instrument.)\n- Declarations made: eligibility under Division 3 of Part IX (section 134) and approval under section 145 (via sub‑section 145(11)). (Instrument.)\n- Operative date: Deemed to have come into force on 1 January 1983. (Instrument.)\n\nNotes on limits of this summary\n\n- This instrument records a ministerial declaration under the Superannuation Act 1976. The instrument does not reproduce Division 3 of Part IX or section 145, so concrete legal consequences (for example, specific entitlements, tax treatment, or employer obligations) are not stated here and must be read from those provisions of the Act."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1976-declaration-13-05-1984","history":"/api/acts/superannuation-act-1976-declaration-13-05-1984/history","analysis":"/api/acts/superannuation-act-1976-declaration-13-05-1984/analysis","conflicts":"/api/acts/superannuation-act-1976-declaration-13-05-1984/conflicts","importantCases":"/api/acts/superannuation-act-1976-declaration-13-05-1984/important-cases","documents":"/api/acts/superannuation-act-1976-declaration-13-05-1984/documents"}}