{"id":"F2009B00079","name":"Superannuation Act 1976 - Designated Employer Determination No. 3 (16/10/1990)","slug":"superannuation-act-1976-designated-employer-determination-no-3-16-10-1990","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121328,"registerId":"commonwealth-F2009B00079-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. 3 (16/10/1990)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nDetermination Tinder 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 paragraph (d) 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 PARAGRAPH (d)\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 3\".\n\nDesignated Employer\n\n2. The designated employer in relation to a productivity employee referred to in paragraph (d) of the definition of \"designated employer\" in section 110A of the Superannuation Act 1976 is the person who pays the salary of that employee.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This determination performs exactly the limited, technical function it was intended for — clarifying a statutory definition for a specific category of employees. It has not expanded beyond its original purpose."},"complexity_factors":["Extremely short document (only 2 operative provisions)","No defined terms beyond those already in the parent Act","No cross-references to other legislation beyond the single reference to section 110A of the Superannuation Act 1976","Simple, direct operative provision with no conditions, exceptions, or nested logic","Single concept: equating 'designated employer' with 'the person who pays the salary'"],"plain_english_summary":"This is a short legal instrument made under the Superannuation Act 1976. It clarifies who counts as the 'designated employer' for certain Commonwealth employees (specifically 'productivity employees').\n\n**What it does:**\n- It states that for these particular employees, the 'designated employer' is simply **whoever pays their salary**.\n\n**Who it affects:**\n- 'Productivity employees' — a specific category of Commonwealth employees covered by the Superannuation Act 1976.\n- The employers or agencies responsible for paying these employees.\n\n**Why it matters:**\n- Under superannuation law, identifying the 'designated employer' is crucial because that employer has legal obligations regarding the employee's superannuation (pension) contributions and arrangements. This determination removes ambiguity by linking the definition directly to the practical reality of who actually pays the employee's wages."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This determination specifies who is the \"designated employer\" for productivity employees referred to in paragraph (d) of section 110A by declaring it to be the person who pays the employee's salary (section 2). That specification alters the practical scope of who falls within the statutory phrase \"designated employer\" by tying it to salary payment, thereby clarifying and limiting the class of persons treated as designated employers for that paragraph."},"complexity_factors":["Very narrow subject matter: single definitional clause (section 2).","Simple plain-language wording: \"person who pays the salary\" is direct but minimal.","Cross-reference to external statutory provision (paragraph (d) of section 110A) increases interpretive reliance on the Act.","Potential interpretive ambiguity over terms left undefined in the instrument (e.g. \"salary\", multiple payers, labour‑hire arrangements).","Low administrative complexity in form, but possible downstream compliance or dispute complexity where payment arrangements are layered or unconventional."],"plain_english_summary":"This instrument declares, for productivity employees covered by section 110A(“designated employer” paragraph (d)), the designated employer is the person who pays the employee’s salary. It therefore makes salary payers the legally relevant party for any duties or consequences attached to being a designated employer, and so affects payroll-paying entities and the employees whose status depends on who pays them."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1976-designated-employer-determination-no-3-16-10-1990","history":"/api/acts/superannuation-act-1976-designated-employer-determination-no-3-16-10-1990/history","analysis":"/api/acts/superannuation-act-1976-designated-employer-determination-no-3-16-10-1990/analysis","conflicts":"/api/acts/superannuation-act-1976-designated-employer-determination-no-3-16-10-1990/conflicts","importantCases":"/api/acts/superannuation-act-1976-designated-employer-determination-no-3-16-10-1990/important-cases","documents":"/api/acts/superannuation-act-1976-designated-employer-determination-no-3-16-10-1990/documents"}}