{"id":"F2008B00489","name":"Superannuation Benefits (Supervisory Mechanisms) Act 1990 - Prescribed Requirements Determination No. 2 of 1998","slug":"superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-2-o","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":71729,"registerId":"commonwealth-F2008B00489-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Benefits (Supervisory Mechanisms) Act 1990 - Prescribed Requirements Determination No. 2 of 1998","content":"SUPERANNUATION BENEFITS (SUPERVISORY MECHANISMS) ACT 1990\n\nDETERMINATION UNDER SECTION 6\n\nPRESCRIBED REQUIREMENTS DETERMINATION NO. 2 OF 1998\n\nI, Sandra Wilson, Branch Manager Commonwealth Superannuation Group of the Department of Finance and Administration, delegate of JOHN JOSEPH FAHEY, Minister for Finance and Administration, acting under section 6 of the Superannuation Benefits (Supervisory Mechanisms) Act 1990, determine that the prescribed requirements set out in Schedule 1, in respect of the provision of superannuation benefits by Commonwealth employers, are to apply to bodies listed in Schedule 2.\n\nDated 29 June 1998\n\n|     | Branch Manager |\n| --- | -------------- |\n\ns\n\nSCHEDULE 1\n\nAn employer listed in Schedule 2, may establish a superannuation arrangement to provide superannuation benefits for its employees (full-time, part-time, and casual) if and only if that employer completely satisfies each of the following requirements:\n\n(a) The employer is a person that:\n\n(i) employs people under a relevant law as defined in the Act; or\n\n(ii) is a relevant body as defined in the Act; or\n\n(iii) is the subject of a declaration under subsection 3(5) of the Act; and\n\n(b) the employer is one of the persons set out in schedule 2; and\n\n(c) the employer does not employ people under the Public Service Act 1922; and\n\n(d) the arrangement is provided through a fund which is a \"complying superannuation fund\" for the purposes of section 45 of the Superannuation Industry (Supervision) Act 1993 or a Retirement Savings Account (RSA); and\n\n(e) all contributions made to the arrangement are vested in the employee, and benefits are automatically preserved in accordance with Part 6 of the Superannuation Industry (Supervision) Regulations or a similar arrangement in respect of an RSA; and\n\n(f) employer contributions cease on, or immediately following, termination of employment; and\n\n(g) a general reference to such superannuation arrangements made by an employer is included in the annual report of the agency.\n\nSCHEDULE 2\n\n1. The Australian Prudential Regulation Authority (APRA)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original narrow purpose: prescribing specific requirements for a specific body (APRA) to establish superannuation arrangements. There is no evidence of scope creep—it covers exactly what it says it covers (one employer, seven conditions) without expanding into broader policy areas."},"complexity_factors":["Short document (2 schedules, 7 conditions)","Minimal cross-referencing (only references to the parent Act, SIS Act 1993, and Public Service Act 1922)","Straightforward conditional structure (if-then with 7 enumerated requirements)","Single entity affected (only APRA listed in Schedule 2)","No nested exceptions or complex defined terms within the instrument itself (relies on external definitions)","Clear prescriptive language ('if and only if')"],"plain_english_summary":"This instrument authorises the Australian Prudential Regulation Authority (APRA) to establish a superannuation arrangement for its staff if it meets seven strict conditions ensuring the fund meets government standards, contributions vest immediately, benefits are preserved, contributions stop on termination, and the arrangement is annually reported. \n\nIt affects only APRA and its employees and matters because it lets APRA run its own accountable retirement scheme outside the main Commonwealth public service system."},"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":3,"scope_assessment":{"changed":true,"description":"This Determination narrows and specifies the circumstances in which Commonwealth employers may establish superannuation arrangements by (1) limiting application to employers listed in Schedule 2 (Schedule 1(b); Schedule 2) and (2) imposing specific funding, vesting/preservation, termination and reporting conditions (Schedule 1(d)–(g)). It therefore confines the class of employers and prescribes procedural and compliance obligations beyond the parent Act’s general powers."},"complexity_factors":["Cross-references to other legislation: requires a \"complying superannuation fund\" under section 45 of the Superannuation Industry (Supervision) Act 1993 (Schedule 1(d)) and preservation in accordance with Part 6 of the Superannuation Industry (Supervision) Regulations (Schedule 1(e)).","Eligibility definitions and external declarations: employer must be a person employing under a \"relevant law\", a \"relevant body\", or the subject of a declaration under subsection 3(5) of the Act (Schedule 1(a)(i)–(iii)), creating reliance on statutory definitions outside the Determination.","Narrow, listed scope: applies only to employers expressly named in Schedule 2 (Schedule 1(b) and Schedule 2), concentrating application to specific bodies (here, APRA).","Operational compliance requirements: mandatory immediate vesting of contributions (Schedule 1(e)), cessation of employer contributions on or immediately after termination (Schedule 1(f)), and an annual-report disclosure obligation (Schedule 1(g)) create concrete administrative actions for employers.","Delegated decision-making origin: the instrument is made by a Ministerial delegate under section 6 of the parent Act (instrument preamble), which implicates administrative discretion in which requirements are prescribed and to which bodies they apply.","Potential textual ambiguity: phrases such as \"completely satisfies each of the following requirements\" and \"a general reference to such superannuation arrangements\" may require administrative or legal interpretation.","Interplay with RSA rules: option to use a Retirement Savings Account (Schedule 1(d) & (e)) requires alignment with RSA-specific rules outside this Determination."],"plain_english_summary":"This Determination sets the exact conditions that employers listed in Schedule 2 must meet to establish superannuation arrangements for their employees. It requires use of a complying superannuation fund or RSA, immediate vesting and statutory preservation of contributions, cessation of employer contributions on termination, and a disclosure in the employer’s annual report — affecting the listed employers (Schedule 2), their obligation to pay and vest contributions, and the compliance steps they must follow."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-2-o","history":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-2-o/history","analysis":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-2-o/analysis","conflicts":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-2-o/conflicts","importantCases":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-2-o/important-cases","documents":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-2-o/documents"}}