{"id":"F2009B00078","name":"Superannuation Act 1990 - Designated Employers Determination No. 2 (15/09/1995)","slug":"superannuation-act-1990-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":121325,"registerId":"commonwealth-F2009B00078-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1990 - Designated Employers Determination No. 2 (15/09/1995)","content":"DETERMINATION UNDER THE SUPERANNUATION ACT 1990\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 3AA, \"designated employers\", of the Superannuation Act 1990.\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 3AA,\n\n\"DESIGNATED EMPLOYERS\", OF THE SUPERANNUATION ACT 1990\n\nCitation\n\n1\\. This Declaration may be cited as \"Designated Employers Determination No. 2\".\n\nDesignated Employers\n\n![](image.003.png)2\\. The designated employer referred to in subparagraph (1)(b)(ii) of section 3AA, \"designated employers\", of the Superannuation Act 1990 is the Department or person who pays the salary of that member referred to in Part 3 of that Act.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Determination does not expressly expand or narrow the substantive rights or obligations in the Superannuation Act; it provides a definitional rule for who counts as the 'designated employer' under subparagraph (1)(b)(ii) of section 3AA by identifying that person or body as the department or person who pays the member's salary. The operative text is Clause 2; the instrument therefore clarifies application rather than altering the underlying statutory scheme (Introductory text; Clause 2)."},"complexity_factors":["Short, single substantive provision that defines the designated employer by reference to the salary-payer (Clause 2)","Relies on cross-reference to s3AA(1)(b)(ii) and Part 3 of the Superannuation Act 1990, requiring users to consult the Act to see full legal consequences (introductory text; Clause 2)","Potential factual disputes about who actually pays a member's salary create case-specific complexity despite the simple rule (Clause 2)","Made by a delegate under statutory power, so readers must note the source of authority though the instrument itself contains no further discretionary criteria (Introductory text)"],"plain_english_summary":"This Determination, made by a delegate of the Minister for Finance, fixes who counts as the “designated employer” under s3AA(1)(b)(ii) of the Superannuation Act 1990: the entity or Department that pays the member’s salary. It affects members referred to in Part 3 and makes the salary‑payer responsible for any legal or administrative obligations that attach to being the designated employer, simplifying disputes to the factual question of who pays wages."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination performs exactly the limited function it was intended for: specifying who constitutes a 'designated employer' under the Superannuation Act 1990. It has not expanded beyond its original administrative purpose."},"complexity_factors":["Very short instrument (only 2 operative provisions)","Single defined concept (designated employer)","No cross-references beyond the parent Act section","No conditional logic or exceptions","Straightforward declaratory language"],"plain_english_summary":"This is a short legal instrument made under the Superannuation Act 1990. It identifies who counts as a \"designated employer\" for certain superannuation purposes.\n\n**What it does:**\n- It declares that the \"designated employer\" is whoever actually pays the salary of a Commonwealth superannuation scheme member covered by Part 3 of the Superannuation Act 1990.\n\n**Who it affects:**\n- Commonwealth public servants and other employees covered by Part 3 of the Superannuation Act 1990 (this generally covers members of the Commonwealth Superannuation Scheme or CSS).\n- Government departments and agencies that pay salaries to these employees.\n\n**Why it matters:**\n- Superannuation law requires knowing who the \"employer\" is for contribution and benefit purposes. This determination clarifies that it's not necessarily the agency someone works for, but rather whoever actually processes and pays their salary. This matters for legal liability, contribution obligations, and determining who is responsible for superannuation entitlements.\n\n**Key point:**\n- This is a technical administrative instrument that plugs a definitional gap in the main Act by specifying that the salary-payer is the designated employer."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1990-designated-employers-determination-no-2-15-09-1995","history":"/api/acts/superannuation-act-1990-designated-employers-determination-no-2-15-09-1995/history","analysis":"/api/acts/superannuation-act-1990-designated-employers-determination-no-2-15-09-1995/analysis","conflicts":"/api/acts/superannuation-act-1990-designated-employers-determination-no-2-15-09-1995/conflicts","importantCases":"/api/acts/superannuation-act-1990-designated-employers-determination-no-2-15-09-1995/important-cases","documents":"/api/acts/superannuation-act-1990-designated-employers-determination-no-2-15-09-1995/documents"}}