{"id":"F2008B00703","name":"Superannuation Act 1976 - Declaration under subsections 134(1) and 145(11) (14/10/1976)","slug":"superannuation-act-1976-declaration-under-subsections-134-1-and-145-11-14-10-1976","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72032,"registerId":"commonwealth-F2008B00703-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1976 - Declaration under subsections 134(1) and 145(11) (14/10/1976)","content":"SUPERANNUATION ACT 2376\n\nDECLARATION\n\nI, Eric Laidlaw Robinson, Minister of State for Post and Telecommunications, acting for and on behalf of the Treasurer:-\n\n(a) in pursuance of sub-section 134(1) of the Superannuation Act 1976, declare the superannuation schemes specified in the schedule to this Declaration to be eligible superannuation schemes for the purposes of Division 3 of Part IX of that Act;\n\n(b) in pursuance of sub-section 145(11) of the Superannuation Act 1976, declare the superannuation schemes specified in the schedule to this Declaration to be approved superannuation schemes for the purposes of section 145 of that Act; and\n\n(c) specify the first day of July, one thousand nine hundred and seventy six as the day on which this Declaration is deemed to have come into force.\n\nTHE SCHEDULE\n\n(i) The superannuation scheme constituted by the provisions of the Parliamentary Retiring Allowances Act 1948;\n\n(ii) The superannuation scheme constituted by the provisions of the Defence Force Retirement and Death Benefits Act 1973;\n\n(iii) The Commonwealth Hostels Provident Fund;\n\n(iv) The Australian Services Canteens Organisation Superannuation Fund;\n\n(v) The Australian Wool Corporation Provident Fund;\n\n(vi) The Melbourne University Staff Superannuation Scheme;\n\n(vii) The University of Sydney Professorial Superannuation System;\n\n(viii) The University of Adelaide Superannuation Scheme;\n\n(ix) The University of New England Professorial Superannuation System;\n\n(x) The Superannuation System of the Flinders University of South Australia;\n\n(xi) The La Trobe University No 1 Superannuation Scheme;\n\n(xii) The Monash University Statute 3.6 Superannuation Scheme;\n\n(xiii) The University of Tasmania Staff Superannuation and Additional Benefits Scheme;\n\n(xiv) The University of Queensland Staff Superannuation Scheme.\n\nDated this fourteenth day of October 1976.\n\n![](image.001.png)\n\nEric L. Robinson","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward administrative declaration made under specific powers in the Superannuation Act 1976. It performs exactly the function intended: listing specific schemes for portability and tax purposes. No scope creep is evident."},"complexity_factors":["Very short document (under 500 words)","Only 2 operative provisions (sections 134(1) and 145(11)) referenced","Simple schedule listing 14 schemes by name only","No defined terms, no conditional logic, no cross-references to other legislation beyond the two cited sections","Straightforward declaratory format with no exceptions or qualifications"],"plain_english_summary":"This ministerial declaration formally recognises 14 specific superannuation schemes as meeting government standards, approving all 14 for a tax rule on employer contributions and approving 13 for portability so members can transfer retirement savings between Commonwealth and other jobs without losing tax benefits.  \n\nIt affects members of the listed schemes — including federal politicians, defence personnel, staff at seven Australian universities (Melbourne, Sydney, Adelaide, New England, Flinders, La Trobe, Monash, Tasmania, Queensland), and employees of Commonwealth Hostels, Australian Services Canteens Organisation and Australian Wool Corporation — and is backdated to 1 July 1976."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The declaration does not alter the Act’s statutory scope. It applies existing statutory mechanisms (s134(1) and s145(11)) to bring the specified schemes within Division 3 of Part IX and section 145, with effect from 1 July 1976. No new classes of persons or powers are created beyond recognising the listed schemes under the Act."},"complexity_factors":["Purely administrative declaration rather than drafting of novel rights or duties","Uses two specific subsections: s134(1) (eligibility) and s145(11) (approval)","Backdated effective date (1 July 1976) requiring retrospective administrative effect","Covers multiple, heterogeneous schemes (universities, statutory funds, defence, parliamentary, industry funds)","Creates interplay between scheme-specific rules and Division 3/section 145 obligations that administrators must reconcile","Relies on ministerial decision-making—limited discretion exercised once listed"],"plain_english_summary":"**What this does:** The Minister (acting for the Treasurer) declares a set of named superannuation schemes to be \"eligible\" under s134(1) and \"approved\" under s145(11) of the Superannuation Act 1976, effective 1 July 1976. Who it affects: members, employers and administrators of the listed schemes. Why it matters: the declaration brings those schemes within Division 3 of Part IX and section 145’s regulatory and administrative regime, changing their legal recognition and associated reporting and compliance obligations."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1976-declaration-under-subsections-134-1-and-145-11-14-10-1976","history":"/api/acts/superannuation-act-1976-declaration-under-subsections-134-1-and-145-11-14-10-1976/history","analysis":"/api/acts/superannuation-act-1976-declaration-under-subsections-134-1-and-145-11-14-10-1976/analysis","conflicts":"/api/acts/superannuation-act-1976-declaration-under-subsections-134-1-and-145-11-14-10-1976/conflicts","importantCases":"/api/acts/superannuation-act-1976-declaration-under-subsections-134-1-and-145-11-14-10-1976/important-cases","documents":"/api/acts/superannuation-act-1976-declaration-under-subsections-134-1-and-145-11-14-10-1976/documents"}}