{"id":"F2009B00093","name":"Superannuation Act 1976 (Eligible Superannuation Schemes) Declaration No. 2","slug":"superannuation-act-1976-eligible-superannuation-schemes-declaration-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121364,"registerId":"commonwealth-F2009B00093-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1976 (Eligible Superannuation Schemes) Declaration No. 2","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. 2”.\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\nDeclaration of Eligible Superannuation Schemes\n\n3. The Retirement Benefits Fund Scheme established under the Retirement Benefits Act 1982 (Tas) is hereby an eligible\n\nsuperannuation scheme for the purposes of Division 3 of Part IX of\n\nthe Act.\n\nSuperannuation Act 1976 (Eligible Superannuation Schemes)\n\nDeclaration No. 2\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 twelfth day of August 1992","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration performs exactly the narrow, technical function it was designed for: adding a specific state superannuation scheme to the eligibility list under the Superannuation Act 1976. There is no scope creep or expansion beyond the original purpose of enabling portability between Commonwealth and specified state/territory superannuation schemes."},"complexity_factors":["Very short document (only 3 operative clauses)","Single defined term ('Act') with straightforward reference to parent legislation","No conditional logic or nested exceptions","No cross-references beyond basic statutory interpretation rule in clause 2(2)","Simple declarative effect: one scheme added to one list for one purpose"],"plain_english_summary":"This 1992 declaration adds the Tasmanian Retirement Benefits Fund Scheme to the Commonwealth’s list of eligible superannuation schemes under the Superannuation Act 1976, enabling transfers under Part IX Division 3. \n\nIt affects Tasmanian and Commonwealth public servants by preserving portability of accrued superannuation between the Tasmanian state scheme and the federal scheme, protecting retirement savings."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The declaration does not amend the Superannuation Act 1976; it narrowly designates a named Tasmanian scheme as eligible under Division 3 of Part IX. The instrument is declaratory and scheme‑specific, so it does not expand or reduce the statutory scope beyond confirming eligibility for that scheme."},"complexity_factors":["Single, narrow operative effect: a one‑scheme eligibility declaration (text of s.3).","Cross‑references to other statutes: relies on Superannuation Act 1976 (Division 3 of Part IX and s.134(1)) and Retirement Benefits Act 1982 (Tas).","Dependence on external definitions: uses terms defined in s.3(1) of the Act.","Procedural formalities evident (Board approval, signatures, common seal) but no substantive rulemaking or new obligations.","Practical effect depends on the content of Division 3 and the Tasmanian Act, not contained in this instrument."],"plain_english_summary":"This instrument, signed by the Commonwealth Superannuation Board of Trustees No. 2 under subsection 134(1) of the Superannuation Act 1976, formally declares the Retirement Benefits Fund Scheme (established under the Retirement Benefits Act 1982 (Tas)) to be an \"eligible superannuation scheme\" for the purposes of Division 3 of Part IX of the Act. It therefore changes that scheme's legal status by bringing it within the scope of Division 3; the Board makes the decision and the declaration is procedural and scheme‑specific."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-2","history":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-2/history","analysis":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-2/analysis","conflicts":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-2/conflicts","importantCases":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-2/important-cases","documents":"/api/acts/superannuation-act-1976-eligible-superannuation-schemes-declaration-no-2/documents"}}