{"id":"F2009B00090","name":"Superannuation Act 1976 - Declaration under subsection 133(1) (05/06/1987)","slug":"superannuation-act-1976-declaration-under-subsection-133-1-05-06-1987","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121354,"registerId":"commonwealth-F2009B00090-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1976 - Declaration under subsection 133(1) (05/06/1987)","content":"SUPERANNUATION ACT 1976\n\nDECLARATION\n\nIn pursuance of sub-section 133(1) of the Superannuation\n\nAct 1976, I, Peter Alexander Walsh, Minister of State for\n\nFinance do hereby:\n\n(a) revoke the Declaration published in the Australian\n\nGovernment Gazette of the twenty-eighth day of\n\nOctober 1976, by which certain classes of employment\n\nbecame public employment for the purposes of\n\nDivision 3 of Part IX of that Act;\n\n(b) declare employment, whether within or outside\n\nAustralia, by a person, or by persons included in a\n\nclass of persons, specified in the schedule to this\n\nDeclaration to be public employment for the purposes\n\nof Division 3 of Part IX of that Act; and\n\n(c) specify the first day of July, one thousand nine\n\nhundred and seventy six as the day on which this\n\nDeclaration is deemed to have come into force.\n\nTHE SCHEDULE\n\nThe Commonwealth\n\nThe States\n\nThe Administration of a Territory\n\nAn authority or other body, being:\n\n(i) a body corporate incorporated for a public purpose\n\nby an Act, or State Act, regulations made under an\n\nAct, or State Act, or a law of a Territory;\n\n(ii) an authority or body, not being a body corporate,\n\nestablished for a public purpose by, or in\n\naccordance with, the provisions of an Act, or State\n\nAct, regulations made under an Act, or State Act, or\n\na law of a Territory;\n\n(iii) a company or other body corporate incorporated under\n\na law of the Commonwealth, a State or a Territory,\n\nbeing a body corporate in which the Commonwealth, a\n\nState or a Territory has a controlling interest; or\n\n(iv) an authority of body established, whether by or in\n\naccordance with the provisions of an Act,\n\nregulations made under an Act or a law of a\n\nTerritory or otherwise, and whether a body\n\ncorporate or not, being an authority or body which\n\nis financed in whole or in substantial part, either\n\ndirectly or indirectly, by moneys provided by the\n\nCommonwealth.\n\nThe Government of the United Kingdom of Great Britain and\n\nNorthern Ireland.\n\n2\n\nBodies corporate established for a public purpose by laws\n\nin force in the United Kingdom of Great Britain and\n\nNorthern Ireland.\n\nDated this 5th day of June 1987.\n\nPETER WALSH","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 declaration operates exactly as intended by the parent Act — it is a routine administrative instrument exercising the specific power in section 133(1) to define 'public employment'. The expansion to include UK government bodies and the broader range of Australian public bodies reflects the intended flexibility of the power, not mission creep."},"complexity_factors":["Single operative provision with three straightforward sub-paragraphs (revocation, declaration, backdating)","Only 4 defined categories of bodies in the Schedule, using standard public law concepts (body corporate, controlling interest, public purpose)","No cross-references to other legislation beyond the parent Act section number","No conditional logic or exceptions — it's a simple 'if you're on the list, you're in' approach","Length: approximately 300 words, single page format typical of Gazette declarations"],"plain_english_summary":"This 1987 ministerial declaration under the Superannuation Act 1976 redefines what counts as \"public employment\" for Division 3 of Part IX. It revokes a 1976 list and replaces it with a broader roster — covering Commonwealth, state and territory employers, government bodies and corporations, companies with controlling government interests, Commonwealth‑funded bodies, and certain UK public entities — and is backdated to 1 July 1976.\n\nIt matters because being on this list determines entitlement to Commonwealth superannuation contributions and benefits."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument expressly revokes the earlier declaration (published 28 October 1976) and substitutes a new list of classes whose employment is 'public employment' under Division 3 of Part IX, and backdates that effect to 1 July 1976. The text does not state whether the new list broadens or narrows coverage compared with the revoked declaration; it only replaces the earlier instrument and fixes its retrospective commencement."},"complexity_factors":["Retroactive commencement: clause (c) deems the declaration to have operated from 1 July 1976, raising retrospective effect and administrative reconciliation issues.","Revocation-and-replacement: clause (a) revokes the earlier 28 October 1976 declaration, so scope depends on differences between old and new lists (the previous instrument is not reproduced here).","Broad, partly open-ended categories in the schedule (e.g. 'public purpose', 'controlling interest', 'financed in whole or in substantial part') create interpretive uncertainty about which employers are included.","Cross-jurisdictional coverage: includes the United Kingdom and bodies corporate established under UK law, adding complexity for employees and employers operating across borders.","Dependence on external definitions and statutes: the declaration imports concepts from Acts, State Acts, Territory laws and regulations, requiring reference to other instruments for precise application.","Administrative impact: changes which employers/employees are treated as 'public employment' for superannuation purposes, affecting employer obligations and record-keeping."],"plain_english_summary":"This declaration (5 June 1987) revokes a 1976 declaration and, with effect from 1 July 1976, declares that employment by the Commonwealth, the States, Territory administrations, specified public authorities and bodies (including certain companies with Commonwealth/State controlling interests), and the United Kingdom government and its public corporations, is \"public employment\" for Division 3 of Part IX of the Superannuation Act 1976. That classification determines which employers and employees fall under the Act's superannuation rules and so affects who is covered, and the related contribution, benefit and administrative obligations."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1976-declaration-under-subsection-133-1-05-06-1987","history":"/api/acts/superannuation-act-1976-declaration-under-subsection-133-1-05-06-1987/history","analysis":"/api/acts/superannuation-act-1976-declaration-under-subsection-133-1-05-06-1987/analysis","conflicts":"/api/acts/superannuation-act-1976-declaration-under-subsection-133-1-05-06-1987/conflicts","importantCases":"/api/acts/superannuation-act-1976-declaration-under-subsection-133-1-05-06-1987/important-cases","documents":"/api/acts/superannuation-act-1976-declaration-under-subsection-133-1-05-06-1987/documents"}}