{"id":"F2009B00006","name":"Superannuation Act 1976 - Designated Employers Determination No. 1 (15/09/1995)","slug":"superannuation-act-1976-designated-employers-determination-no-1-15-09-1995","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121181,"registerId":"commonwealth-F2009B00006-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1976 - Designated Employers Determination No. 1 (15/09/1995)","content":"DETERMINATION UNDER THE SUPERANNUATION ACT 1976\n\nI, DAVID LINDSAY, Assistant Secretary, Commonwealth Employees' Superannuation Branch, a delegate of the Minister for Finance, hereby make the following determination under subparagraph (1)(a)(ii) in section 3C, \"designated employers\", of the Superannuation Act 1976.\n\nDated 15 September 1995\n\n![](image.001.png)![](image.002.png)\n\nAssistant Secretary\n\nCommonwealth Employees' Superannuation Branch\n\n![](image.003.png)DETERMINATION UNDER SUBPARAGRAPH (1)(a)(ii) OF SECTION 3C, \"DESIGNATED EMPLOYERS\", OF THE SUPERANNUATION ACT 1976\n\nCitation\n\n1\\. This Declaration may be cited as \"Designated Employers Determination No. 1\".\n\nDesignated Employers\n\n![](image.003.png)2\\. The designated employer referred to in subparagraph (1)(a)(ii) of section 3C, \"designated employers\", of the Superannuation Act 1976 is the Department who pays the salary of that eligible employee referred to in the definition of \"eligible employee\" in subsection 3(1) of that Act.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This determination performs exactly the narrow technical function it was created for: designating employers under section 3C of the Superannuation Act 1976. It has not expanded beyond this original purpose."},"complexity_factors":["Single operative provision (section 2) with straightforward declaratory language","No defined terms beyond those already existing in the parent Act","No cross-references to other legislation beyond the enabling provision (section 3C of the Superannuation Act 1976)","No conditional logic, exceptions, or procedural requirements","Total length: 2 substantive sections plus citation clause"],"plain_english_summary":"This is a short legal instrument made in 1995 under the Superannuation Act 1976. It identifies which government department counts as the 'designated employer' for certain Commonwealth employees.\n\n**What it does:**\n- It names the **Department that pays an employee's salary** as the 'designated employer' for that person.\n\n**Who it affects:**\n- Commonwealth public servants who are 'eligible employees' under the Superannuation Act 1976 (meaning they're covered by the Commonwealth superannuation scheme).\n\n**Why it matters:**\n- Under superannuation law, someone needs to be legally identified as the 'employer' responsible for making super contributions and handling related obligations. This determination clarifies that for these employees, it's whichever department actually pays their wages — rather than, say, a central agency or their substantive employer if different from the paying department."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination does not change the substantive scope of the Superannuation Act 1976; it simply identifies which entity is to be treated as the \"designated employer\" for the referenced subparagraph (clause 2). The instrument contains no provisions that expand or narrow the Act's substantive rules themselves; it operates as an administrative identification that relies on the Act's existing definitions and obligations (opening lines; clause 2)."},"complexity_factors":["Very short instrument with a single operative clause (clause 2) that declares which entity is the designated employer.","Relies on cross‑references to the Superannuation Act 1976 (section 3C and subsection 3(1)) for substantive definitions and consequences.","No procedural, monetary or enforcement detail in the determination itself—implementation depends on existing Act provisions.","Decision made by a delegate (administrative rather than parliamentary action), requiring attention to delegated authority but not to legislative drafting complexity.","Potential practical ambiguity in identifying \"the Department who pays the salary\" for particular employees, requiring administrative fact‑finding."],"plain_english_summary":"This short statutory determination, titled \"Designated Employers Determination No. 1,\" declares that the Department which pays an eligible employee’s salary is the “designated employer” for the relevant Superannuation Act provision. Made by an Assistant Secretary as delegate of the Minister for Finance, it fixes which organisational unit bears the employer responsibilities, entitlements and liabilities that flow from that label under the Act, without creating new procedures or fees."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1976-designated-employers-determination-no-1-15-09-1995","history":"/api/acts/superannuation-act-1976-designated-employers-determination-no-1-15-09-1995/history","analysis":"/api/acts/superannuation-act-1976-designated-employers-determination-no-1-15-09-1995/analysis","conflicts":"/api/acts/superannuation-act-1976-designated-employers-determination-no-1-15-09-1995/conflicts","importantCases":"/api/acts/superannuation-act-1976-designated-employers-determination-no-1-15-09-1995/important-cases","documents":"/api/acts/superannuation-act-1976-designated-employers-determination-no-1-15-09-1995/documents"}}