{"id":"F2008B00139","name":"Superannuation (CSS) Productivity Employee Exclusion Declaration","slug":"superannuation-css-productivity-employee-exclusion-declaration","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"218 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72641,"registerId":"commonwealth-F2008B00139-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (CSS) Productivity Employee Exclusion Declaration","content":"![](image.001.png)\n\nSuperannuation (CSS) Productivity Employee Exclusion Declaration\n\nStatutory Rules 1995 No. 218 as amended\n\nmade under the\n\nSuperannuation Act 1976\n\nThis compilation was prepared on 2 June 2004 \ntaking into account amendments up to SR 1995 No. 229\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney‑General’s Department, Canberra\n\nContents\n\n1 Citation \\[see Note 1\\]\n\n2 Commencement\n\n3 Exclusions\n\n4 Repeal\n\nNotes\n\n1 Citation \\[see Note 1\\]\n\nThis Declaration may be cited as the Superannuation (CSS) Productivity Employee Exclusion Declaration.\n\n2 Commencement\n\n(1) Subparagraphs 3 (b) (iii) and (vii) are taken to have commenced on 1 July 1992.\n\n(2) The remainder of this Declaration commences on 1 July 1995.\n\n3 Exclusions\n\nThe following classes of eligible employees are not productivity employees for the purposes of Part VIA of the Superannuation Act 1976:\n\n(a) eligible employees who are the holders of statutory office under a law of the Northern Territory;\n\n(b) eligible employees who are employees of, or holders of statutory office with:\n\n(ia) Airservices Australia; or\n\n(i) Australian National Railways Commission; or\n\n(ii) Australian Postal Corporation; or\n\n(iii) Bendigo Hospital; or\n\n(v) Federal Airports Corporation; or\n\n(vi) Northern Land Council; or\n\n(vii) Reserve Bank of Australia;\n\n(c) eligible employees who are employees or directors of:\n\n(i) Australian Defence Industries Ltd; or\n\n(ii) Telstra Corporation Limited.\n\n4 Repeal\n\nStatutory Rules 1990 No. 355, 1992 No. 39 and 1993 No. 87 are repealed.\n\n> Notes to the Superannuation (CSS) Productivity Employee Exclusion Declaration\n\n> Note 1\n\n> Note: The Superannuation (CSS) Productivity Employee Exclusion Declaration (in force under the Superannuation Act 1976) as shown in this compilation comprise Statutory Rules 1995 No. 218 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Instruments\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ----------------------------------------------------------- | --------------------------------------------- |\n| 1995 No. 218 | 30 June 1995 | C. 3 (b) (iii) and (vii): 1 July 1992Remainder: 1 July 1995 | |\n| 1995 No. 229 | 6 July 1995 | 6 July 1995 | — |\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

C. 3.................

am. 1995 No. 229

\n```","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It was always intended to be a simple exclusion list for productivity employee status, and the 1995 version consolidated earlier separate declarations without expanding the scope beyond identifying which employees are excluded from Part VIA benefits."},"complexity_factors":["Very short instrument — only 4 operative sections","No defined terms section — relies entirely on definitions in the parent Superannuation Act 1976","Simple structure: citation, commencement, list of exclusions, repeal","Only one substantive provision (section 3) containing the actual exclusions","No conditional logic, exceptions, or nested provisions","Straightforward list format for excluded employee classes","Minimal cross-referencing — only refers to Part VIA of the Superannuation Act 1976"],"plain_english_summary":"This declaration narrows who counts as a \"productivity employee\" under the Superannuation Act 1976 by excluding specified groups from eligibility for enhanced Commonwealth Superannuation Scheme benefits. It specifically removes Northern Territory statutory office‑holders, employees of certain Commonwealth bodies (for example Australia Post, Airservices Australia, Reserve Bank) and staff/directors of particular government‑owned companies (notably Telstra and Australian Defence Industries). The instrument thus clarifies who remains on standard CSS terms."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. Clause 3 (the exclusions list) was amended by Statutory Rule 1995 No. 229 (see Notes/Table of Amendments), changing which classes are excluded. Subparagraphs 3(b)(iii) and 3(b)(vii) are treated as commencing on 1 July 1992 while the remainder commenced 1 July 1995 (s.2). Earlier related rules (SR 1990 No.355, 1992 No.39 and 1993 No.87) were repealed (s.4), so the instrument’s scope differs from those prior instruments."},"complexity_factors":["Cross-reference to Part VIA of the Superannuation Act 1976 requires reading definitions of 'eligible employee' and 'productivity employee' in the primary Act (s.3 relies on external definitions).","Enumerative structure: exclusions operate on an entity-by-entity basis (multiple specific bodies named in s.3), creating administrative differentiation.","Staggered and retrospective commencement (s.2(1) and s.2(2)) adds temporal complexity for eligibility and record‑keeping.","Amendment and repeal history (s.4 and Notes/Table of Amendments) requires tracking prior instruments to determine current scope and transitional effects.","Use of categories such as 'holders of statutory office' and combinations of employees/directors requires factual inquiry into individuals' roles to determine coverage."],"plain_english_summary":"This Declaration designates certain classes of \"eligible employees\" as not being \"productivity employees\" for the purposes of Part VIA of the Superannuation Act 1976. It therefore removes specified public‑sector and corporatised employees from the productivity‑linked superannuation rules, affecting which employees Part VIA applies to and the timing of that treatment (some exclusions backdated to 1 July 1992, the remainder from 1 July 1995)."},"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-css-productivity-employee-exclusion-declaration","history":"/api/acts/superannuation-css-productivity-employee-exclusion-declaration/history","analysis":"/api/acts/superannuation-css-productivity-employee-exclusion-declaration/analysis","conflicts":"/api/acts/superannuation-css-productivity-employee-exclusion-declaration/conflicts","importantCases":"/api/acts/superannuation-css-productivity-employee-exclusion-declaration/important-cases","documents":"/api/acts/superannuation-css-productivity-employee-exclusion-declaration/documents"}}