{"id":"F2008B00196","name":"Superannuation Act 1990 - Statutory Office Declaration No. 1 (20/06/1990)","slug":"superannuation-act-1990-statutory-office-declaration-no-1-20-06-1990","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"164 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72870,"registerId":"commonwealth-F2008B00196-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Act 1990 - Statutory Office Declaration No. 1 (20/06/1990)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: \"$$#\"\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nStatutory Rules 1990 No. 1641\n\n \n\nDeclaration under the Superannuation Act   1990\n\nI, RALPH WILLIS, Minister for Finance, hereby make the following declaration under section 3 of the Superannuation Act 1990..\n\nDated 20 June 1990.\n\nRALPH WILLIS\n\nMinister for Finance\n\n_________\n\nDECLARATION UNDER PARAGRAPH (b) OF THE DEFINITION  OF “STATUTORY OFFICE” IN SECTION 3\n\nCitation\n\n 1. This Declaration may be cited as “Statutory Office Declaration No. 1”.\n\nStatutory Offices\n\n 2. Each of the following offices is a statutory office for the purposes of the Superannation Act 1990:\n\nMember of the Inter-State Commission\n\nCoal Industry Tribunal.\n\nNOTE\n\n1. Notified in the Commonwealth of Australia Gazette on 29 June 1990.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument exercises an existing power in section 3 to declare particular offices as \"statutory offices\"; it does not amend the Superannuation Act 1990 itself or change the Act's substantive provisions. The scope of the declaration is limited to adding the two named offices to the category of statutory offices and recording that decision (including Gazette notification)."},"complexity_factors":["Short, single-purpose instrument: purely a designation of offices.","Clear statutory cross-reference: relies on section 3 of the Superannuation Act 1990 to give effect.","No substantive change to statutory text or benefit formulas in this instrument itself.","Downstream complexity depends on the Superannuation Act's provisions, which are not restated here.","Ministerial discretion is exercised but no standards, criteria, or procedures are set out in this declaration."],"plain_english_summary":"What this instrument does (mechanically)\n\n- The Minister for Finance (Ralph Willis) uses his power under section 3 of the Superannuation Act 1990 to declare that two specific positions are \"statutory offices\" for the purposes of that Act. The declaration is made under paragraph (b) of the definition of \"statutory office\" in section 3 and is titled \"Statutory Office Declaration No. 1\" (dated 20 June 1990).\n\nWhich offices are affected\n\n- Member of the Inter-State Commission\n- Coal Industry Tribunal\n\nWhy this matters (stated purpose and practical effect)\n\n- The instrument's stated action is to include those two offices within the category of \"statutory office\" under the Superannuation Act 1990 (see the declaration and the reference to section 3). Mechanically, that means the legal framework and rules in the Superannuation Act that apply to \"statutory offices\" will apply to holders of these two offices. The declaration itself does not set or detail superannuation payments or contributions — it changes which offices fall within the Act's coverage.\n\nWho decides, who pays, and what changes in behaviour\n\n- Who decides: the Minister for Finance exercised the statutory power to make this declaration (text: \"I, RALPH WILLIS, Minister for Finance ... make the following declaration under section 3\").\n- Who pays: this instrument does not specify funding, contribution rates, or budget lines. Any financial consequences (who bears costs, employer/agency contribution obligations, or benefit entitlements) arise from the Superannuation Act 1990's substantive provisions that apply once an office is in the \"statutory office\" category; those details are governed by the Act itself, not by this declaration.\n- Behaviour changes: the immediate legal change is the categorisation of the listed offices as \"statutory offices\". That categorisation causes the Superannuation Act's rules (where they mention or apply to \"statutory offices\") to govern treatment of those office-holders. Administratively, agencies will need to record and process those offices in accordance with the Act; the declaration was notified in the Commonwealth Gazette (29 June 1990), which is the publication step recorded in the instrument.\n\nImplementation, incentives and compliance implications (tested against trade-offs and risks)\n\n- Discretion and decision point: the declaration is an exercise of ministerial discretion under section 3 to determine which offices are treated as \"statutory offices\". The instrument itself does not create or alter entitlements directly; it alters the set of positions subject to the Act.\n- Compliance and administrative burden: adding offices to the Act's coverage can create administrative tasks for the relevant employing bodies (identifying affected persons, applying the Act's rules, updating payroll and records). The declaration does not quantify those burdens.\n- Costs and incentives: this declaration may produce fiscal or administrative costs (or savings) for the organisations that employ the office-holders or for the superannuation arrangements referenced by the Act. The declaration does not allocate or quantify those costs; the Superannuation Act's existing provisions determine the financial mechanics for statutory offices.\n- Opportunity costs and substitution effects: the instrument changes legal classification but does not reallocate specific resources itself. Any trade-offs (for example, budget choices by an employing agency) would be made later when the Act's rules are applied to these offices.\n- Implementation risk and transparency: the instrument records the change and was notified in the Gazette, creating a public record of the ministerial decision. The scope and downstream effects depend on other provisions of the Superannuation Act 1990 rather than on this declaration.\n\nSource citations from the instrument\n\n- The Minister's power and the legal basis: \"under section 3 of the Superannuation Act 1990\" (opening paragraph).\n- The specific legal basis for the declaration: \"DECLARATION UNDER PARAGRAPH (b) OF THE DEFINITION OF 'STATUTORY OFFICE' IN SECTION 3\" (heading of the declaration).\n- The listed offices: clause 2 lists \"Member of the Inter-State Commission\" and \"Coal Industry Tribunal\" as statutory offices for the purposes of the Superannuation Act 1990.\n- Publication: the instrument notes it was \"Notified in the Commonwealth of Australia Gazette on 29 June 1990.\""},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This declaration performs exactly the narrow function it was designed for: adding specific offices to the statutory list under the parent Act. There is no scope creep."},"complexity_factors":["Extremely short document (under 200 words)","Only 2 operative provisions (citation and list of offices)","No defined terms beyond the existing Act reference","No conditional logic, exceptions, or cross-references beyond the single reference to section 3 of the parent Act","Simple declarative format with no procedural requirements"],"plain_english_summary":"This is a short legal declaration made by the Minister for Finance in 1990. It adds two specific jobs to the list of \"statutory offices\" under the Superannuation Act 1990.\n\n**What it does:**\n- Declares that two positions — **Member of the Inter-State Commission** and **Coal Industry Tribunal** — count as \"statutory offices\" for superannuation (retirement savings) purposes.\n\n**Who it affects:**\n- People holding these two specific jobs. Being declared a \"statutory office\" means they're covered by the Commonwealth superannuation scheme, giving them access to government retirement benefits.\n\n**Why it matters:**\n- Without this declaration, people in these roles might not have been eligible for the Commonwealth superannuation scheme. This ensures they get the same retirement benefits as other statutory office holders."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1990-statutory-office-declaration-no-1-20-06-1990","history":"/api/acts/superannuation-act-1990-statutory-office-declaration-no-1-20-06-1990/history","analysis":"/api/acts/superannuation-act-1990-statutory-office-declaration-no-1-20-06-1990/analysis","conflicts":"/api/acts/superannuation-act-1990-statutory-office-declaration-no-1-20-06-1990/conflicts","importantCases":"/api/acts/superannuation-act-1990-statutory-office-declaration-no-1-20-06-1990/important-cases","documents":"/api/acts/superannuation-act-1990-statutory-office-declaration-no-1-20-06-1990/documents"}}