{"id":"F2008B00491","name":"Superannuation Act 1976 (Eligible Superannuation Schemes) Declaration No. 1","slug":"superannuation-act-1976-eligible-superannuation-schemes-declaration-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":71735,"registerId":"commonwealth-F2008B00491-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1976 (Eligible Superannuation Schemes) Declaration No. 1","content":"COMMONWEALTH OF AUSTRALIA\n\nSUPERANNUATION ACT 1976\n\nDECLARATION\n\nThe Commonwealth Superannuation Board of Trustees No. 2, pursuant to subsection 134(1) of the Superannuation Act 1976 DECLARES as follows:\n\nCitation:\n\n1. This declaration may be cited as the “Superannuation Act 1976 (Eligible Superannuation Schemes) Declaration No. 1”.\n\nInterpretation:\n\n2. (1) In this declaration:\n\n“Act” means the Superannuation Act 1976.\n\n(2) Words and expressions defined in s.3(1) of the Act have the same meaning in this declaration.\n\nCommencement\n\n3. Clause 5 of this determination shall take effect from and\n\nincluding 1 October 1991.\n\nDeclaration of Eligible Superannuation Schemes\n\n4. The following superannuation schemes are hereby eligible superannuation schemes for the purposes of Division 3 of Part IX of\n\nthe Act:\n\n-   the AIDC Executive Superannuation Plan; and\n\n-   the AIDC Staff Superannuation Plan.\n\n5. The following superannuation scheme is hereby an eligible superannuation scheme for the purposes of Division 3 of Part IX of\n\nthe Act:\n\n-   the CAA Staff Superannuation Fund.\n\nSuperannuation Act 1976 (Eligible Superannuation Schemes)\n\nDeclaration No. 1\n\n………………………….\n\nR.L. Brown\n\n(Chairperson)\n\n…………………………. …………………………..\n\nK.A. Searson P.J. Barrett\n\n(Member) (Member)\n\n…………………………. …………………………..\n\nD.C. Leaver J.A. Flitcroft\n\n(Member) (Member)\n\n…………………………. …………………………..\n\nA.J. McKenzie C. Savage\n\n(Member) (Acting Member)\n\nThe Common Seal of the Commonwealth Superannuation Board of Trustees No. 2 was hereunto affixed by authority of the Board.\n\nDated this Fourth day of June 1992","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Yes. The declaration expands the set of schemes treated as \"eligible superannuation schemes\" under Division 3 of Part IX by adding the AIDC Executive Superannuation Plan, the AIDC Staff Superannuation Plan (clause 4) and the CAA Staff Superannuation Fund (clause 5). Clause 3 makes clause 5 effective from 1 October 1991. The instrument is an administrative application of the Board's power under subsection 134(1) and therefore shifts which private schemes fall under the Act's Division 3 regime (preamble; clauses 2(2), 3, 4, 5). Compliance burden is limited in the text; practical effects (who pays, benefit rules, reporting) depend on Division 3's substantive requirements in the Act."},"complexity_factors":["Narrow, list-based instrument: simply declares named schemes eligible (clauses 4–5).","Relies on external statutory framework and definitions in the Superannuation Act 1976 (see clause 2(2) referencing s.3(1) of the Act).","Board exercise of statutory power: made pursuant to subsection 134(1) of the Act (preamble) — discretion sits with the Board to make such declarations.","Staggered commencement: clause 3 makes clause 5 effective from 1 October 1991, creating a retroactive/earlier operative date for that item.","Formal execution and administrative formality: signature block and seal indicate administrative finality but no substantive rule‑making complexity.","Limited compliance or operational change described in instrument itself — operational effects depend on the content of Division 3 of Part IX in the Act (cross-reference adds implementation dependency)."],"plain_english_summary":"This declaration, made by the Commonwealth Superannuation Board of Trustees No. 2 under subsection 134(1) of the Superannuation Act 1976, names three schemes as eligible for Division 3 of Part IX: the AIDC Executive Superannuation Plan, the AIDC Staff Superannuation Plan and the CAA Staff Superannuation Fund. Clause 5 is declared to take effect from 1 October 1991. It affects members, employers and administrators of those named schemes by bringing them into the legal regime set out in Division 3 of Part IX."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration performs exactly the function intended by subsection 134(1) of the Superannuation Act 1976 - to declare specific superannuation schemes as eligible schemes. It has not expanded beyond this narrow administrative purpose."},"complexity_factors":["Very short document (5 clauses plus signatures)","Only 1 defined term ('Act') in the interpretation section","Simple declarative structure with no conditional logic or exceptions","No cross-references beyond basic reference to section 3(1) of the parent Act for definitions","Straightforward list format for declaring schemes"],"plain_english_summary":"This declaration by the Commonwealth Superannuation Board of Trustees No. 2 designates two AIDC superannuation plans (effective immediately) and the CAA Staff Superannuation Fund (effective 1 October 1991) as “eligible superannuation schemes” under the Superannuation Act 1976.\n\nIt affects members of those funds by recognising their schemes for Division 3, Part IX purposes—allowing the regulatory treatment and benefit transfer/portability that attachment as an eligible scheme provides."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-1","history":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-1/history","analysis":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-1/analysis","conflicts":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-1/conflicts","importantCases":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-1/important-cases","documents":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-1/documents"}}