{"id":"F2008L04381","name":"Superannuation Industry (Supervision) modification declaration No. 1 of 2008","slug":"superannuation-industry-supervision-modification-declaration-no-1-of-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":76341,"registerId":"commonwealth-F2008L04381-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Industry (Supervision) modification declaration No. 1 of 2008","content":"Page 1 of 3\n\n![](image.001.png)\n\nSuperannuation Industry (Supervision)\n\nmodification declaration No. 1 of 2008\n\n![](image.002.png)Superannuation Industry (Supervision) Act 1993\n\nI, Keith Chapman, a delegate of APRA, under section 332 of the Superannuation Industry\n\n(Supervision) Act 1993 (the Act), DECLARE that regulation 9.09(2) of the Regulations has\n\neffect in relation to the class of persons described in the attached Schedule, as if it were modified in the manner specified in the attached Schedule.\n\nThis declaration comes into force upon registration of this instrument on the Federal Register\n\nof Legislative Instruments.\n\nDated 21 November 2008\n\n\\[Signed\\]\n\nKeith Chapman\n\nExecutive General Manager\n\nSupervisory Support Division\n\nInterpretation Document ID: 165599\n\nIn this instrument\n\nAPRA means the Australian Prudential Regulation Authority.\n\nFederal Register of Legislative Instruments means the register established under section 20\n\nof the Legislative Instruments Act 2003.\n\nRegulations means the Superannuation Industry (Supervision) Regulations 1994.\n\nNote 1\n\n  \n\nThis instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003\n\n(the LIA) (see section 5 and Item 15 of section 7 of the LIA).\n\nPage 2 of 3\n\nSchedule \\- the class of persons to whom this declaration\n\napplies\n\nAll RSE Licensees\n\nPage 3 of 3\n\nSchedule \\- the manner in which the specified modifiable\n\nprovisions are modified\n\nSubregulation 9.09(2) of the SIS Regulations is modified by omitting subregulation 9.09(2)\n\nand substituting:\n\n9.09(2) The trustee of the fund must, as soon as practicable, give a copy of a\n\ncertificate obtained under this regulation to each employer\\-sponsor who has\n\ncontributed, is contributing, or has the obligation to contribute, to the fund in respect of one or more defined benefit members of the fund.\n\n30/10/2008","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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function indicated by its title and enabling provision (section 332 of the SIS Act) — it modifies a specific regulation for a specific class of persons. There is no scope creep; it is a targeted, technical amendment."},"complexity_factors":["Very short instrument (3 pages, mostly boilerplate)","Single, discrete modification to one subregulation","Only 3 defined terms in the interpretation section (APRA, Federal Register of Legislative Instruments, Regulations)","No nested exceptions or conditional logic — straightforward substitution of text","Cross-references to external legislation (SIS Act and Regulations) but no complex internal cross-referencing","Class of persons defined simply as 'All RSE Licensees' with no exclusions or carve-outs"],"plain_english_summary":"This instrument amends APRA’s superannuation rules to require trustees of defined‑benefit funds to provide actuarial certificates to every employer‑sponsor who contributes (or is obliged to contribute) to the fund. It affects RSE licensees, trustees and employer‑sponsors.\n\nWhy it matters: it gives employers direct access to the fund’s certified financial position so those on the funding hook can better assess obligations, transparency and accountability for promised benefits."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument substitutes regulation 9.09(2) and expressly applies that modified provision to 'All RSE Licensees', creating a specific duty on trustees to give the regulation's certificate to employer‑sponsors (Schedule; substituted 9.09(2)). The unmodified text of 9.09(2) is not provided here, so precise differences from the prior wording cannot be quoted from this source."},"complexity_factors":["Delegated instrument made under section 332 of the Superannuation Industry (Supervision) Act 1993 — introduces a delegated-administration step (instrument preamble).","Modifies (substitutes) subregulation 9.09(2) of the SIS Regulations — requires locating and reading the related regulation and the meaning of the 'certificate' referenced (Schedule: substituted 9.09(2)).","Broad class application: applies to 'All RSE Licensees' — wide practical reach but limited legal diversity (Schedule: class of persons).","Timing phrase 'as soon as practicable' introduces interpretive uncertainty and potential compliance disputes about reasonable timing (substituted 9.09(2)).","Duty requires trustees to identify employer‑sponsors who 'have the obligation to contribute' — may require legal analysis of contractual or statutory contribution obligations and record searches (substituted 9.09(2)).","Operational/compliance burden on trustees to produce and distribute certificates promptly to multiple employers; employers bear information benefits, trustees bear costs (substituted 9.09(2))."],"plain_english_summary":"APRA (by delegate under s332 of the SIS Act) modifies regulation 9.09(2) so trustees of all RSE‑licensed super funds must, as soon as practicable, give the certificate obtained under that regulation to every employer‑sponsor who has contributed, is contributing, or is obliged to contribute for one or more defined‑benefit members. This creates a clear administrative duty on trustees (a compliance cost), supplies employers with information to monitor defined‑benefit obligations, and requires trustees to identify and promptly notify covered employer‑sponsors."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-industry-supervision-modification-declaration-no-1-of-2008","history":"/api/acts/superannuation-industry-supervision-modification-declaration-no-1-of-2008/history","analysis":"/api/acts/superannuation-industry-supervision-modification-declaration-no-1-of-2008/analysis","conflicts":"/api/acts/superannuation-industry-supervision-modification-declaration-no-1-of-2008/conflicts","importantCases":"/api/acts/superannuation-industry-supervision-modification-declaration-no-1-of-2008/important-cases","documents":"/api/acts/superannuation-industry-supervision-modification-declaration-no-1-of-2008/documents"}}