{"id":"F1997B02200","name":"Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations","slug":"superannuation-benefit-interim-arrangement-qualified-employees-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"267 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29501,"registerId":"commonwealth-F1997B02200-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations","content":"![](image.001.png)\n\nSuperannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations\n\nStatutory Rules 1988 No. 267 as amended\n\nmade under the\n\nSuperannuation (Productivity Benefit) Act 1988\n\nThis compilation was prepared on 2 June 2004 \ntaking into account amendments up to SR 1989 No. 189\n\nPrepared by the Office of Legislative Drafting, \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Citation \\[see Note 1\\]\n\n2 Interpretation\n\n3 Qualified Employees\n\nNotes\n\n1 Citation \\[see Note 1\\]\n\nThese Regulations may be cited as the Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations.\n\n2 Interpretation\n\n(1) In these Regulations, unless the contrary intention appears:\n\n> the Act means the Superannuation Benefit (Interim Arrangement) Act 1988.\n\n> employer-sponsored superannuation benefits, in relation to a person, means benefits provided to the person, or to the person’s dependants, under a superannuation or retirement scheme, however established, to which the employer of the person contributes.\n\n(2) A person who is an officer or employee of a particular employer shall, for the purposes of these Regulations, be taken to be a person employed by that employer.\n\n3 Qualified Employees\n\nFor the purposes of paragraph (g) of the definition of qualified employee in subsection 3 (1) of the Act, each of the following persons (other than a person referred to in paragraph (a), (b), (c), (d), (e) or (f) of that definition) is a qualified employee:\n\n(a) a person employed by the Albury-Wodonga Development Corporation, being a person who does not have \nemployer-sponsored superannuation benefits;\n\n(b) a person employed by the Anglo-Australian Telescope Board, being a person who:\n\n(i) does not have employer-sponsored superannuation benefits;\n\n(ii) has superannuation benefits provided under the scheme known as the Anglo-Australian Telescope Board Staff Superannuation Fund; or\n\n(iii) has superannuation benefits provided under the scheme known as the United Kingdom Science and Engineering Research Council Joint Superannuation Services Fund;\n\n(c) a person employed by the Australian Bicentennial Authority, being a person who:\n\n(i) does not have employer-sponsored superannuation benefits; or\n\n(ii) has superannuation benefits provided under the scheme known as the Australian Bicentennial Authority Superannuation Fund;\n\n(d) a person employed by the Australian Broadcasting Corporation, being a person who does not have employer-sponsored superannuation benefits;\n\n(e) a person employed by the Australian Capital Territory Health Authority under the Health Authority Ordinance 1985 of the Australian Capital Territory, being a person who does not have employer-sponsored superannuation benefits;\n\n(f) a person employed by the A.C.T. Institute of Technical and Further Education on a full-time basis, being a person who does not have employer-sponsored superannuation benefits;\n\n(g) a person employed by the Australian Dairy Corporation, being a person who does not have employer-sponsored superannuation benefits;\n\n(h) a person employed by the Australian Film Commission, being a person who does not have employer-sponsored superannuation benefits;\n\n(i) a person employed by the Australian Film, Television and Radio School, being a person who does not have employer-sponsored superannuation benefits;\n\n(j) a person employed by the Australian Institute of Criminology, being a person who does not have employer-sponsored superannuation benefits;\n\n(k) a person employed before 1 May 1989 by the Australian Institute of Sport, or on or after that date by the Australian Sports Commission, being a person who does not have employer-sponsored superannuation benefits;\n\n(l) a person employed by the Australian Maritime College, being a person who does not have employer-sponsored superannuation benefits;\n\n(m) a person employed by the Australian Meat and Live-stock Corporation, being a person who does not have employer-sponsored superannuation benefits;\n\n(n) a person employed by the Australian National Railways Commission on or after 1 January 1988 who:\n\n(i) does not have employer-sponsored superannuation benefits; or\n\n(ii) is a contributor to a superannuation scheme constituted under an Act of Parliament of the State of South Australia or the State of Tasmania;\n\nand who ceases to be so employed before the establishment of the superannuation scheme known as the Australian National Railways Productivity Superannuation Scheme;\n\n(o) a person employed by the Australian Trade Commission, being a person who does not have employer-sponsored superannuation benefits;\n\n(p) a person employed by the Australian Wheat Board, being a person who does not have employer-sponsored superannuation benefits;\n\n(q) a person employed by the Australian Wine and Brandy Corporation, being a person who does not have employer-sponsored superannuation benefits;\n\n(r) a person employed by the Australian Wool Corporation, being a person who does not have employer-sponsored superannuation benefits;\n\n(s) a person employed by the Commonwealth Scientific and Industrial Research Organisation, being a person who does not have employer-sponsored superannuation benefits;\n\n(t) a person employed by the Housing Loans Insurance Corporation, being a person who does not have employer-sponsored superannuation benefits;\n\n(u) a person employed by the Law Reform Commission, being a person who does not have employer-sponsored superannuation benefits;\n\n(v) a person engaged or employed under section 4, 13 or 20 of the Members of Parliament (Staff) Act 1984, being a person who does not have employer-sponsored superannuation benefits;\n\n(w) a person employed by the Murray-Darling Basin Commission, being a person who does not have employer-sponsored superannuation benefits;\n\n(x) a person who is:\n\n(i) a part-time member of the National Companies and Securities Commission;\n\n(ii) a part-time Chairperson or part-time member of the Accounting Standards Review Board; or\n\n(iii) a part-time Chairperson or part-time member of the Companies and Securities Law Review Committee;\n\nbeing a person who does not have employer-sponsored superannuation benefits;\n\n(y) a person employed by the National Companies and Securities Commission, being a person:\n\n(i) employed by that body on a temporary basis who does not have employer-sponsored superannuation benefits; or\n\n(ii) employed by that body for a limited term who does not have employer-sponsored superannuation benefits;\n\n(z) a person employed by the Overseas Telecommunications Commission, being a person who:\n\n(i) does not have employer-sponsored superannuation benefits; or\n\n(ii) has superannuation benefits provided under the scheme known as the Staff Life Assurance and Pension Scheme;\n\n(za) a person employed by the Snowy Mountains Engineering Corporation, being a person who:\n\n(i) does not have employer-sponsored superannuation benefits; or\n\n(ii) has superannuation benefits provided under the scheme known as the Snowy Mountains Engineering Corporation Superannuation Fund.\n\n(zb) a person employed by AIDC Ltd., being a person who is an eligible employee for the purposes of the Superannuation Act 1976.\n\n> Notes to the Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations\n\n> Note 1\n\n> Note: The Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations (in force under the Superannuation (Productivity Benefit) Act 1988) as shown in this compilation comprise Statutory Rules 1988 No. 267 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ------------------- | --------------------------------------------- |\n| 1988 No. 267 | 4 Nov 1988 | 4 Nov 1988 | |\n| 1989 No. 189 | 6 July 1989 | 6 July 1989 | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 3.................

am. 1989 No. 189

\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Regulations perform a narrow, enumerative task: they identify particular employees who count as \"qualified employees\" for the Act by naming employers and setting straightforward eligibility conditions. The 1989 amendment updated or added entries in the list (Reg 3) but did not broaden the instrument's purpose beyond its original, narrow role of specifying which employees are treated as qualified under paragraph (g) of the Act's definition. Any growth is limited to adding or clarifying named employer categories and scheme exceptions rather than changing the core subject-matter or policy mechanism of the instrument."},"complexity_factors":["Short instrument (3 regulations) but long, explicit list of eligible employers in Reg 3 (about 28 distinct entries including lettered continuations such as (za), (zb))","One non-trivial defined term: \"employer-sponsored superannuation benefits\" in Reg 2, which is operative across many entries","Cross-reference to the Act's definition of \"qualified employee\" (subsection 3(1) paragraph (g)), requiring users to read the Act alongside these Regulations","Multiple conditional branches within items (e.g. 'does not have employer-sponsored benefits' OR 'has benefits under named scheme'), and date- or employment-type limits on eligibility (see Reg 3(n), 3(k), 3(x), 3(y))","Several items refer to specific named superannuation schemes (Reg 3(b)(ii)/(iii), 3(c)(ii), 3(z)(ii), 3(za)(ii)) requiring scheme-level verification","Amendment history (insertion/amendment of Reg 3 entries) means users must check compilation notes to know which employers/conditions were added later"],"plain_english_summary":"**What these regulations do (mechanically)\n\n- These Regulations define which employees count as \"qualified employees\" for the purposes of the Superannuation Benefit (Interim Arrangement) Act 1988. In practice that means they identify particular groups of employees of named Commonwealth bodies who are eligible for the interim superannuation benefit set out in the Act (see Reg 3).\n\n- The Regulations also supply a short interpretation section (Reg 2) that: (a) tells you that references to \"the Act\" mean the Superannuation Benefit (Interim Arrangement) Act 1988; and (b) defines \"employer-sponsored superannuation benefits\" as benefits under any superannuation or retirement scheme to which the employer contributes. Reg 2(2) clarifies that an officer or employee of an employer is to be taken as employed by that employer for these Regulations.\n\nWho is affected\n\n- Employees of the named bodies listed in Regulation 3 (for example, the Australian Broadcasting Corporation, CSIRO, Australian Trade Commission, Australian Film Commission, Overseas Telecommunications Commission, etc.). The full list appears in Reg 3(a)–(zb).\n\n- For most listed employers, the worker is a \"qualified employee\" only if they do not have employer-sponsored superannuation benefits (i.e. the employer does not contribute to a superannuation scheme for them). Several entries create alternative eligibility tests — for example, employees who do have benefits under a specifically named scheme are also treated as qualified (see Reg 3(b), 3(c), 3(z), 3(za), 3(zb)). A few entries add date or employment-type conditions (for example, Australian National Railways Commission employees employed on or after 1 January 1988 but who cease employment before a named scheme is established; part-time members of certain commissions; temporary or limited-term employees of the National Companies and Securities Commission).\n\nWhy it matters (stated purpose and practical effect)\n\n- Purpose claimed by the instrument: to identify categories of employees who, because they lack employer-sponsored superannuation or because they participate in certain named schemes, are eligible for the interim productivity-related superannuation benefit under the Act.\n\n- Practical effect: the Regulations widen or clarify the roll of employees who can claim the interim benefit by naming specific employing bodies and the conditions under which their staff count as \"qualified employees\". That determines who can receive Commonwealth-administered interim superannuation payments under the Act (see Reg 3).\n\nMechanics, costs and incentives\n\n- Who pays: the Regulations do not themselves create a funding source — they determine eligibility under the Act. Payments under the Act (if made) come from the Commonwealth appropriation or the fund established by the Act. The immediate financial effect is to make liabilities (or potential liabilities) payable under the Act to employees who meet the listed tests (Reg 3).\n\n- Who decides / administers: administrators of the Act and agencies that handle claims will apply the Regulation's eligibility tests (Reg 2 and Reg 3) when deciding whether an individual is a \"qualified employee\".\n\n- Behavioural incentives and compliance costs: the principal private-party incentive created is that employers’ decisions to contribute to an employer-sponsored superannuation scheme affect their employees’ eligibility for the interim benefit: if an employer contributes to employees' superannuation, those employees will generally not be eligible under many of the entries in Reg 3. Employers and employees may therefore have an incentive to document scheme membership (or lack of it) to show eligibility or ineligibility. Administrative tasks include verifying membership in named schemes and date/type-of-employment conditions specified in Reg 3. Those verification steps create modest compliance and record-keeping burdens for agencies and employers.\n\n- Trade-offs and risks: the Regulations give a targeted set of employees (those of particular Commonwealth bodies or with particular scheme arrangements) access to interim benefits. That concentrates benefits on identifiable groups (Reg 3 list) and imposes potential liabilities on the Commonwealth, while excluding employees who already receive employer-funded benefits. Implementing agencies must apply sometimes date-limited or scheme-specific rules (Reg 3(n), 3(b)(ii)/(iii), 3(za)/(zb)), which increases administrative complexity and risk of misclassification.\n\nRelevant provisions (where to look)\n\n- Interpretive definitions: Regulation 2 (definition of \"the Act\" and \"employer-sponsored superannuation benefits\").\n- List of employees treated as qualified: Regulation 3 (full list and the conditions attached to each listed employer).\n\nOverall: the Regulations do not create new benefit payments by themselves but specify exactly which employees of named Commonwealth bodies are treated as eligible for the interim superannuation benefit under the Act. They operate by naming employers and attaching conditions (absence of employer-sponsored benefits or membership of specified named schemes) that determine eligibility (Reg 2–3)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation appears to have maintained its original narrow, technical purpose. It was always intended to be a specific list of qualified employees for an interim superannuation arrangement, and it remains exactly that—a targeted specification of coverage for particular employers. The 1989 amendment simply added more employee categories (paragraphs (za) and (zb)) without expanding the fundamental scope or purpose of the instrument."},"complexity_factors":["Only 2 defined terms in the interpretation section ('the Act' and 'employer-sponsored superannuation benefits')","Single operative provision (Regulation 3) consisting of a straightforward list format (paragraphs (a) through (zb))","Minimal conditional logic—mostly simple 'does not have employer-sponsored superannuation benefits' tests","Some minor complexity in paragraph (n) regarding Australian National Railways Commission employees with date cut-offs and alternative state scheme membership","Paragraph (zb) contains a cross-reference to the Superannuation Act 1976 rather than the standard negative test","No nested exceptions or highly conditional structures","Very short length (approximately 2 pages of substantive content)"],"plain_english_summary":"This regulation is a short, technical piece of legislation that expands the definition of \"qualified employee\" for a specific superannuation scheme.\n\n**What it does:**\nThe Superannuation Benefit (Interim Arrangement) (Qualified Employees) Regulations lists specific groups of workers who qualify for a temporary superannuation arrangement called the \"Superannuation Benefit (Interim Arrangement)\" scheme. This was essentially a stop-gap measure to provide superannuation benefits to certain employees who weren't covered by other schemes.\n\n**Who it affects:**\nThe regulation names **28 specific employers or organisations**, including:\n- The Australian Broadcasting Corporation (ABC)\n- The Commonwealth Scientific and Industrial Research Organisation (CSIRO)\n- The Australian Wheat Board\n- The Australian Film Commission\n- The Australian Institute of Sport\n- The Albury-Wodonga Development Corporation\n- Various other government bodies and statutory authorities\n\nFor most of these, the employee qualifies only if they **don't already have employer-sponsored superannuation benefits**. Some entries have special rules allowing specific existing superannuation funds (like the Anglo-Australian Telescope Board Staff Superannuation Fund or the Snowy Mountains Engineering Corporation Superannuation Fund).\n\n**Why it matters:**\nThis regulation was part of a broader 1988 reform to Australia's superannuation system. It ensured that employees of certain government bodies and authorities weren't left without retirement benefits while permanent arrangements were being established. It's a historical document now—most of these organisations have since been abolished, merged, or moved to different superannuation arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-benefit-interim-arrangement-qualified-employees-regulations","history":"/api/acts/superannuation-benefit-interim-arrangement-qualified-employees-regulations/history","analysis":"/api/acts/superannuation-benefit-interim-arrangement-qualified-employees-regulations/analysis","conflicts":"/api/acts/superannuation-benefit-interim-arrangement-qualified-employees-regulations/conflicts","importantCases":"/api/acts/superannuation-benefit-interim-arrangement-qualified-employees-regulations/important-cases","documents":"/api/acts/superannuation-benefit-interim-arrangement-qualified-employees-regulations/documents"}}