{"id":"F2009B00087","name":"Superannuation Act 1976 - Designated Employers Determination No. 2 (15/09/1995)","slug":"superannuation-act-1976-designated-employers-determination-no-2-15-09-1995","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121348,"registerId":"commonwealth-F2009B00087-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. 2 (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)(b)(ii) in section 3C, “designated employers”, of the Superannuation Act 1976.\n\n![](image.001.png)Dated 15 September 1995\n\n![](image.002.png)\n\nAssistant Secretary\n\nCommonwealth Employees’ Superannuation Branch\n\n![](image.003.png)DETERMINATION UNDER SUBPARAGRAPH (1)(b)(ii) OF SECTION 3C, “DESIGNATED\n\nEMPLOYERS”, OF THE SUPERANNUATION ACT 1976\n\nCitation\n\n1\\. This Declaration may be cited as “Designated Employers Determination No. 2”.\n\nDesignated Employers\n\n2\\. The designated employers referred to in subparagraph (1)(b)(ii) of section 3C, “designated  \nemployers”, of the Superannuation Act 1976 is the Department or person who pays the salary of  \nthat eligible employee referred to in the definition of “eligible employee” in subsection 3(1) of  \nthat Act.\n\n![](image.003.png)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination does not amend eligibility rules in the Act; it provides a definitional clarification for the phrase \"designated employers\" in subparagraph (1)(b)(ii) of section 3C by identifying the salary-paying entity as the designated employer (section 2). It therefore specifies which party bears the label within the existing statutory scheme rather than changing who is an \"eligible employee\" or expanding/substantively altering the Act's scope."},"complexity_factors":["Short, single-purpose instrument with limited operative text (low textual complexity).","Relies on cross-reference to the Superannuation Act 1976 (section 3C and subsection 3(1)), requiring reading across instruments to determine full effect.","Uses a factual criterion—\"the Department or person who pays the salary\"—that can be ambiguous in complex payroll or contracting arrangements (implementation/legal interpretation complexity).","Made by delegated administrative authority (requires understanding delegation and administrative practice)."],"plain_english_summary":"This delegated determination under the Superannuation Act 1976 designates the “designated employer” for a specific subsection as the department or person who pays an eligible employee’s salary. It therefore identifies which legal entity bears the duties, notices and administrative consequences tied to that status — affecting salary‑paying bodies (including payroll providers where they pay wages) and clarifying who must comply."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination performs exactly the limited function contemplated by section 3C of the Superannuation Act 1976 — identifying designated employers. It has not expanded beyond the original statutory purpose."},"complexity_factors":["Extremely short instrument (only 2 operative provisions)","Single substantive provision with straightforward definitional rule","No defined terms section within the instrument itself (relies on definitions in parent Act)","No cross-references to other legislation beyond the enabling section (s 3C of Superannuation Act 1976)","No conditional logic, exceptions, or nested provisions","Simple declaratory style: 'The designated employers... is the Department or person who pays the salary'"],"plain_english_summary":"This is a short legal instrument made under the **Superannuation Act 1976** that clarifies who counts as a \"designated employer\" for certain Commonwealth superannuation purposes.\n\n**What it does:**\n- It specifies that the \"designated employer\" for eligible Commonwealth employees is simply **whoever actually pays their salary** — whether that's a government Department or a specific person.\n\n**Who it affects:**\n- Commonwealth public servants and other eligible employees covered by the 1976 Superannuation Act\n- Government departments and agencies responsible for payroll\n\n**Why it matters:**\n- This determination ensures there's no confusion about which entity has superannuation obligations when someone's salary comes from a particular source. It matters for working out who is responsible for making super contributions and ensuring employees get their correct retirement benefits.\n\n**Key point:** Rather than creating a complex list of employers, this instrument uses a practical test: follow the money — whoever pays the salary is the designated employer."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1976-designated-employers-determination-no-2-15-09-1995","history":"/api/acts/superannuation-act-1976-designated-employers-determination-no-2-15-09-1995/history","analysis":"/api/acts/superannuation-act-1976-designated-employers-determination-no-2-15-09-1995/analysis","conflicts":"/api/acts/superannuation-act-1976-designated-employers-determination-no-2-15-09-1995/conflicts","importantCases":"/api/acts/superannuation-act-1976-designated-employers-determination-no-2-15-09-1995/important-cases","documents":"/api/acts/superannuation-act-1976-designated-employers-determination-no-2-15-09-1995/documents"}}