{"id":"F2009B00074","name":"Superannuation Act 1990 - Designated Employer Determination No. 1 (16/10/1990)","slug":"superannuation-act-1990-designated-employer-determination-no-1-16-10-1990","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121311,"registerId":"commonwealth-F2009B00074-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1990 - Designated Employer Determination No. 1 (16/10/1990)","content":"Determination under the Superannuation Act 1990\n\nI, DAVID LINDSAY, Assistant Secretary Commonwealth Superannuation Branch, a delegate of the Minister for Finance, hereby make the following determination under subparagraph (a)(ii) of the definition of \"designated employer\" in subsection 15(1) of the Superannuation Act 1990\n\nDated 16 October 1990\n\n![](image.001.png)\n\nAssistant Secretary\n\nCommonwealth Superannuation Branch\n\n![](image.002.png)DETERMINATION UNDER SUBPARAGRAPH (a)(ii)\n\nOF DEFINITION OF \"DESIGNATED EMPLOYER\"\n\nIN SUBSECTION 15(1) OF THE SUPERANNUATION ACT 1990\n\nCitation\n\n1\\. This Declaration may be cited as \"Designated Employer Determination No 1\".\n\nDesignated Employer\n\n2\\. The designated employer in relation to a productivity employee referred to in paragraph (a) (ii) of the definition of \"designated employer\" in subsection 15(1) of the Superannuation Act 1990 is the Department which pays the salary of that employee.","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: specifying which department is the designated employer for productivity employees. 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 in the parent Act","No cross-references to other legislation beyond the enabling provision","No conditional logic, exceptions, or procedural requirements","Total length: 2 sections, approximately 100 words of substantive content"],"plain_english_summary":"This is a short official decision made in 1990 under the Superannuation Act 1990. It decides which government department counts as the 'designated employer' for certain Commonwealth employees (called 'productivity employees').\n\n**What it does:**\n- It names the Department that pays an employee's salary as their 'designated employer' for superannuation purposes.\n\n**Who it affects:**\n- 'Productivity employees' — a specific category of Commonwealth public servants covered by the Superannuation Act 1990.\n\n**Why it matters:**\n- The 'designated employer' is the entity responsible for making superannuation contributions for these employees. This determination makes clear that whichever department actually pays the salary is the one on the hook for super contributions, ensuring there's no confusion about which agency has this legal obligation."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The determination does not expand or narrow the set of persons covered by subsection 15(1) of the Superannuation Act 1990; it only specifies which entity counts as the \"designated employer\" for productivity employees identified in subparagraph (a)(ii) by tying that status to the department that pays the employee’s salary (section 2). The instrument therefore clarifies the application of the Act rather than changing the Act’s substantive scope."},"complexity_factors":["Single substantive rule specifying designated employer by reference to salary payer (section 2).","Short, clear citation provision (section 1).","Relies on cross-reference to the Superannuation Act 1990 (subparagraph (a)(ii) of the definition in subsection 15(1)), so full legal effect requires consulting the Act.","Key term used in the instrument (\"productivity employee\") is not defined within the instrument itself, increasing reliance on the parent Act for scope.","Potential for administrative ambiguity in unusual pay arrangements (e.g. third‑party payroll), which may require interpretation but is not addressed in the text."],"plain_english_summary":"This determination declares that, for certain \"productivity employees\" under the Superannuation Act 1990, the designated employer is the government department that pays the employee’s salary. \n\nIt therefore affects those employees and the salary‑paying departments by fixing which entity carries the legal status—and attendant administrative and compliance consequences—of being the designated employer."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1990-designated-employer-determination-no-1-16-10-1990","history":"/api/acts/superannuation-act-1990-designated-employer-determination-no-1-16-10-1990/history","analysis":"/api/acts/superannuation-act-1990-designated-employer-determination-no-1-16-10-1990/analysis","conflicts":"/api/acts/superannuation-act-1990-designated-employer-determination-no-1-16-10-1990/conflicts","importantCases":"/api/acts/superannuation-act-1990-designated-employer-determination-no-1-16-10-1990/important-cases","documents":"/api/acts/superannuation-act-1990-designated-employer-determination-no-1-16-10-1990/documents"}}