{"id":"F2007L04452","name":"Superannuation Benefits (Prescribed Requirements) Determination 2007 (No. 1)","slug":"superannuation-benefits-prescribed-requirements-determination-2007-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":70818,"registerId":"commonwealth-F2007L04452-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Benefits (Prescribed Requirements) Determination 2007 (No. 1)","content":"![](image.001.png)\n\nSuperannuation Benefits (Prescribed Requirements) Determination 2007 (No. 1)[\\[1\\]](#_edn1)\n\nI, NICK MINCHIN, Minister for Finance and Administration, make this Determination under subsection 6(1) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\nDated 22 November 2007\n\nNICK MINCHIN\n\nMinister for Finance and Administration\n\n1 Name of Determination\n\nThis Determination is the Superannuation Benefits (Prescribed Requirements) Determination 2007 (No. 1).\n\n2 Commencement\n\nThis Determination commences on the day after it is registered.\n\n  \n\n3 Prescribed Requirements\n\nFor the purpose of subsection 5(1)(c) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990, the prescribed requirements set out in Schedule 1 apply to the employer for the provision of superannuation benefits on behalf of Mersey Hospital APS Employees.\n\n4 Definition\n\n(1) In this Determination:\n\n| Agency                                     | has the same meaning as defined in the Financial Management and Accountability Act 1997.                                                                            |\n| ------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| complying superannuation fund              | has the same meaning as defined in the Superannuation Industry (Supervision) Act 1993.                                                                              |\n| eligible employee                          | has the same meaning as defined in section 3 of the Superannuation Act 1976.                                                                                        |\n| exempt public sector superannuation scheme | has the same meaning as defined in the Superannuation Industry (Supervision) Act 1993.                                                                              |\n| employer                                   | means the Agency that engages Mersey Hospital APS Employees.                                                                                                        |\n| member                                     | has the same meaning as defined in the Rules for the administration of the Public Sector Superannuation Scheme set out in the Schedule to the Trust Deed.           |\n| Mersey Hospital APS Employees              | has the same meaning as defined under the determination made under subsection 24(3) of the Public Service Act 1999 on 30 October 2007 as amended from time to time. |\n| retirement savings account                 | has the same meaning as defined in the Retirement Savings Accounts Act 1997.                                                                                        |\n\n  \n\nSchedule 1 Prescribed Requirements for the Provision of Superannuation Benefits (section 3)\n\n| The employer may make contributions, on behalf of a Mersey Hospital APS Employee, into any exempt public sector superannuation scheme, complying superannuation fund or retirement savings account, if the following requirements are satisfied:(a) immediately before becoming a Mersey Hospital APS Employee, they were not:an eligible employee for the purposes of the Superannuation Act 1976; ora member of the Public Sector Superannuation Scheme. |\n| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n---\n\nNote\n\n[\\[1\\]](#_ednref1) All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See [www.frli.gov.au](http://www.frli.gov.au).","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument confines its effect to the specified group ('Mersey Hospital APS Employees') and sets conditions for employer contributions; it does not expand or redefine who is an eligible employee under the underlying superannuation statutes. It therefore implements a targeted administrative permission rather than changing the statutory scope of superannuation entitlements (s3; Schedule 1; Definitions)."},"complexity_factors":["Very narrow, targeted application limited to 'Mersey Hospital APS Employees' (Definitions; s3).","Depends on multiple external statutory definitions (Financial Management and Accountability Act 1997; Superannuation Industry (Supervision) Act 1993; Superannuation Act 1976) referenced in the Definitions section.","Discretionary authorisation ('may make contributions') rather than a mandatory obligation, leaving employer choice (Schedule 1).","Operational compliance requirement to verify prior status (not an 'eligible employee' or PST member) before contributing (Schedule 1).","Simple administrative mechanics and limited substantive change to existing superannuation law (s3; Schedule 1).","Immediate commencement on registration creates operational timing risk for employers who must act quickly (s2)."],"plain_english_summary":"This Determination lets the employer (the Agency engaging Mersey Hospital APS Employees) make superannuation contributions into an exempt public sector scheme, a complying superannuation fund or a retirement savings account for those employees, subject to the conditions in Schedule 1 (s3; Schedule 1).\n\nIt requires the employer to check that the employee was not already an 'eligible employee' under the Superannuation Act 1976 or a member of the Public Sector Superannuation Scheme before contributing, so the employer bears the payment and compliance burden (Schedule 1; Definitions)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: setting superannuation contribution rules for Mersey Hospital APS Employees following the 2007 transfer of the hospital from Tasmanian to Commonwealth control. It has not expanded beyond this specific transitional arrangement."},"complexity_factors":["Very short instrument (approximately 1 page of substantive content)","Only 7 defined terms, all referencing external legislation rather than creating new definitions","Single operative provision with one straightforward condition (paragraph (a))","No nested exceptions or complex conditional logic","No cross-references within the instrument itself beyond the definitions","Simple binary test: was the employee previously in specific schemes? If no, flexible options apply"],"plain_english_summary":"This instrument sets the superannuation rules for Mersey Hospital APS employees, allowing the employer to direct contributions to exempt public sector schemes, complying super funds, or retirement savings accounts.  \n\nIt applies only to employees who were not in the old Commonwealth public service scheme or PSS immediately before becoming Mersey Hospital APS employees. Made when the Commonwealth took over Mersey Hospital in 2007, it ensures appropriate arrangements while protecting existing entitlements."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-benefits-prescribed-requirements-determination-2007-no-1","history":"/api/acts/superannuation-benefits-prescribed-requirements-determination-2007-no-1/history","analysis":"/api/acts/superannuation-benefits-prescribed-requirements-determination-2007-no-1/analysis","conflicts":"/api/acts/superannuation-benefits-prescribed-requirements-determination-2007-no-1/conflicts","importantCases":"/api/acts/superannuation-benefits-prescribed-requirements-determination-2007-no-1/important-cases","documents":"/api/acts/superannuation-benefits-prescribed-requirements-determination-2007-no-1/documents"}}