{"id":"F2009B00085","name":"Superannuation Act 1976 - Designated Employer Determination No. 1 (16/10/1990)","slug":"superannuation-act-1976-designated-employer-determination-no-1-16-10-1990","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121341,"registerId":"commonwealth-F2009B00085-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1976 - Designated Employer Determination No. 1 (16/10/1990)","content":"Determination under the Superannuation Act 1976\n\nI, DAVID LINDSAY, Assistant Secretary Commonwealth Superannuation Branch, a delegate of the Minister for Finance, hereby make the following determination under subparagraph (a)(ii) of the definition of \"designated employer\" in section 110A of the Superannuation Act 1976\n\nDated 16 October 1990\n\n![](image.001.png)\n\nAssistant Secretary\n\nCommonwealth Superannuation Branch\n\n![](image.002.png)DETERMINATION UNDER SUBPARAGRAPH (a)(ii)\n\nOF DEFINITION OF \"DESIGNATED EMPLOYER\"\n\nIN SECTION 110A OF THE SUPERANNUATION ACT 1976\n\nCitation\n\n1\\. This Declaration may be cited as \"Designated Employer Determination No 1\".\n\nDesignated Employer\n\n2\\. The designated employer in relation to a productivity employee referred to in paragraph (a) (ii) of the definition of \"designated employer\" in section 110A of the Superannuation Act 1976 is the Department which pays the salary of that employee.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward delegated legislative instrument that performs exactly the function intended by section 110A of the parent Act — specifying which entity counts as the employer for superannuation purposes. It has not expanded beyond this narrow administrative purpose."},"complexity_factors":["Only 2 operative provisions (citation and substantive rule)","No defined terms beyond those already in the parent Act","Single, straightforward condition: salary-paying department = designated employer","No cross-references to other legislation beyond the parent Act section","No exceptions, nested conditions, or procedural requirements","Total length is approximately 150 words of substantive content"],"plain_english_summary":"**What this is:** A short official decision made in 1990 under the Superannuation Act 1976.\n\n**What it does:** It decides which government department counts as the \"designated employer\" for certain Commonwealth employees (called \"productivity employees\"). The rule is simple: whichever department actually pays the employee's salary is their designated employer.\n\n**Who it affects:** Commonwealth public servants who are classified as \"productivity employees\" under the Superannuation Act. This matters because your \"designated employer\" is responsible for making superannuation contributions on your behalf.\n\n**Why it matters:** Before this determination, there may have been uncertainty about which department was responsible for paying super for these particular employees. This document settles it: follow the money — whoever pays the salary handles the super obligations."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination does not alter the statutory definition in section 110A; it clarifies which entity is to be treated as the \"designated employer\" for employees captured by paragraph (a)(ii) by specifying it is the department that pays their salary (section 2). The instrument therefore narrows application to a single, administrable rule without expanding or otherwise changing the statutory scope."},"complexity_factors":["Very short instrument (two operative paragraphs only: citation and single substantive rule).","Direct cross‑reference dependency to the definition in section 110A of the Superannuation Act 1976 (paragraph (a)(ii)).","Legal effect determined by a straightforward factual test (which Department pays the salary).","Potential conceptual ambiguity in the term \"Department\" and in cases where pay and operational control are split, requiring factual inquiry.","Made by a delegate (preamble), so application rests on administrative interpretation rather than further statutory language."],"plain_english_summary":"This short administrative determination names, for the class of “productivity employees” in section 110A(a)(ii) of the Superannuation Act 1976, the designated employer as the department that pays the employee’s salary. It affects those employees and the payroll-paying departments by fixing who counts as the statutory employer for superannuation administrative rights and obligations, simplifying administration but potentially creating disputes where salary payer and line-management differ."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1976-designated-employer-determination-no-1-16-10-1990","history":"/api/acts/superannuation-act-1976-designated-employer-determination-no-1-16-10-1990/history","analysis":"/api/acts/superannuation-act-1976-designated-employer-determination-no-1-16-10-1990/analysis","conflicts":"/api/acts/superannuation-act-1976-designated-employer-determination-no-1-16-10-1990/conflicts","importantCases":"/api/acts/superannuation-act-1976-designated-employer-determination-no-1-16-10-1990/important-cases","documents":"/api/acts/superannuation-act-1976-designated-employer-determination-no-1-16-10-1990/documents"}}