{"id":"F1997B02280","name":"Superannuation (Cancellation of Elections) Regulations","slug":"superannuation-cancellation-of-elections-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"201 of 1978","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29548,"registerId":"commonwealth-F1997B02280-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Cancellation of Elections) Regulations","content":"![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\nStatutory Rules\n\n1978 No. 201\n\nREGULATIONS UNDER THE SUPERANNUATION ACT 1976\\*\n\nI, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.\n\nDated this nineteenth day of October 1978.\n\nZELMAN COWEN\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nERIC L. ROBINSON\n\nMinister of State for Finance\n\nSUPERANNUATION (CANCELLATION OF ELECTIONS) REGULATIONS†\n\nCitation\n\n1. These Regulations may be cited as the Superannuation (Cancellation of Elections) Regulations.\n\nCommencement\n\n2. These Regulations shall be deemed to have taken effect from and including 24 April 1978.\n\nInterpretation\n\n3. In these Regulations, “ the Act ” means the Superannuation Act 1976.\n\nPerson prescribed for the purposes of paragraph 157 (3) (b) of the Act\n\n4. For the purposes of paragraph 157 (3) (b) of the Act, a person whom the Commissioner has, in pursuance of sub-section 157 (2) of the Act, allowed to make an election under a provision of the Act is a prescribed person.\n\n\\* Notified in the Commonwealth of Australia Gazette on 26 October 1978.\n\n  \n\nPrescribed matters for the purposes of paragraph 157 (3) (c) of the Act\n\n5\\. For the purposes of paragraph 157 (3) (c) of the Act, the following matters are matters to which the Commissioner shall have regard in determining whether an election referred to in paragraph 157 (3) (a) of the Act should be cancelled:\n\n(a) the availability of all information relevant to the making of the election to the person who made the election (including a person who, by virtue of sub-section 157 (2) of the Act, is deemed to have made the election) and, if the election was made under sub-section 157 (2) of the Act, also to the person whom the Commissioner, in pursuance of that sub-section, allowed to make the election; and\n\n(b) the understanding that the person who made the election (including a person who, by virtue of sub-section 157 (2) of the Act, is deemed to have made the election) and, if the election was made under sub-section 157 (2) of the Act, also the person whom the Commissioner, in pursuance of that sub-section, allowed to make the election, had of the nature of the election and the consequences of making the election.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations do not itself expand or curtail the Act’s cancellation power but clarify implementation: they prescribe who counts as a prescribed person and the specific matters the Commissioner must have regard to when deciding to cancel an election (regs 4–5). They are procedural/clarifying in scope and apply retrospectively from 24 April 1978 (reg 2)."},"complexity_factors":["Dependence on the Superannuation Act s157 for the substantive cancellation power — the regulations operate by reference to that section (regs 4–5).","Short, tightly framed criteria that require factual assessment (availability of relevant information; elector’s understanding), creating evidentiary and administrative burdens for decision-makers (reg 5(a)–(b)).","Discretionary decision-making by the Commissioner: the regs prescribe matters to be considered but do not set a formula or burden of proof, leaving scope for judgment (regs 4–5).","Retrospective commencement date creates temporal scope that affects past elections (reg 2).","Limited definitional text: who is a ‘person’ is defined by the Commissioner’s allowance under s157(2), so interpretation depends on interplay between the Act and these regs (reg 4)."],"plain_english_summary":"These Regulations prescribe who counts as a ‘prescribed person’ for cancelling certain superannuation elections and set the matters the Commissioner must consider before cancelling an election under section 157 of the Superannuation Act 1976. They apply to people the Commissioner allowed to make elections under s157(2) and require consideration of availability of relevant information and the elector’s understanding of the election and its consequences."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations remain tightly focused on their original purpose: establishing criteria for cancelling superannuation elections under section 157 of the Superannuation Act 1976. The scope has not expanded beyond this specific administrative function."},"complexity_factors":["Only 5 short sections total","Single defined term ('the Act') in interpretation section","No cross-references to other legislation beyond the parent Act","Simple conditional structure: regulations prescribe who is covered and what factors the Commissioner must consider","No nested exceptions or complex procedural requirements","Straightforward list format for the two factors in section 5"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the rules for when the Commissioner for Superannuation can **cancel someone's superannuation election** (a formal choice someone makes about their retirement benefits).\n\n**Who it affects:**\n\n- **Commonwealth public servants** who made elections under the Superannuation Act 1976\n- People who were **allowed to make late elections** by the Commissioner (under section 157(2) of the Act)\n- The **Commissioner for Superannuation**, who decides whether to cancel elections\n\n**Why it matters:**\n\nSometimes people make choices about their superannuation that they later regret — perhaps because they didn't understand what they were signing, or they didn't have all the facts. These regulations give the Commissioner power to undo (cancel) those elections, but only after considering two key things:\n\n- **Whether the person had all the relevant information** when they made their choice\n- **Whether the person actually understood** what they were choosing and what it meant for their retirement\n\nThe regulations also clarify that people who were given special permission to make late elections count as \"prescribed persons\" — meaning the cancellation rules apply to them too.\n\n**In short:** This is a safety net regulation. It lets the Commissioner tear up superannuation paperwork when someone made a genuine mistake or was kept in the dark."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-cancellation-of-elections-regulations","history":"/api/acts/superannuation-cancellation-of-elections-regulations/history","analysis":"/api/acts/superannuation-cancellation-of-elections-regulations/analysis","conflicts":"/api/acts/superannuation-cancellation-of-elections-regulations/conflicts","importantCases":"/api/acts/superannuation-cancellation-of-elections-regulations/important-cases","documents":"/api/acts/superannuation-cancellation-of-elections-regulations/documents"}}