{"id":"F2012L02559","name":"Superannuation (Productivity Benefit) (Nominated Fund) Declaration 2012","slug":"superannuation-productivity-benefit-nominated-fund-declaration-2012","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":126755,"registerId":"commonwealth-F2012L02559-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Productivity Benefit) (Nominated Fund) Declaration 2012","content":"![](image.001.png)\n\nSuperannuation (Productivity Benefit) (Nominated Fund) Declaration 20121\n\nI, Penelope YING YEN WONG, Minister for Finance and Deregulation, make the following Declaration under subsection 4B(1) of the Superannuation (Productivity Benefit) Act 1988.\n\nDated 14 December 2012\n\nPenelope YING YEN WONG\n\nMinister for Finance and Deregulation\n\n1 Name of Declaration\n\nThis Declaration is the Superannuation (Productivity Benefit) (Nominated Fund) Declaration 2012.\n\n2 Commencement\n\nThis Declaration commences on 1 January 2013.\n\n3 Definition\n\nIn this Declaration:\n\nAct means the Superannuation (Productivity Benefit) Act 1988.\n\n4 Revocation\n\nThe declaration titled ‘Superannuation (Productivity Benefit) Act 1988 Declaration under subsection 4B(1)’ made under subsection 4B(1) of the Act on 27 June 1990 is revoked.\n\n5 Nominated Fund\n\nFor the purposes of the Act, AustralianSuper is declared to be the nominated fund.\n\n> Note\n\n> Note: 1. 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.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation performs exactly its intended purpose under the enabling Act: nominating a superannuation fund to receive productivity benefits. It has not expanded beyond this narrow administrative function."},"complexity_factors":["Only 5 operative sections, with 1 definition","No conditional logic or cross-references to other legislation beyond the enabling Act","Single substantive action: declaring a nominated fund and revoking the previous declaration","No exceptions, schedules, or subsidiary provisions","Total length is less than one page"],"plain_english_summary":"This is a short, technical declaration made by the Finance Minister that changes which superannuation fund receives certain government productivity benefit payments.\n\n**What it does:**\n- **Names AustralianSuper as the 'nominated fund'** for the Superannuation (Productivity Benefit) Act 1988. This means AustralianSuper is the default fund that receives productivity benefit contributions for eligible Commonwealth employees and office-holders.\n- **Revokes the previous declaration** from 1990, which had nominated a different fund (the Commonwealth Superannuation Corporation, formerly known as ARIA or the Australian Reward Investment Alliance).\n\n**Who it affects:**\n- Commonwealth public servants and office-holders who are entitled to productivity benefits under the 1988 Act.\n- AustralianSuper, which now receives these contributions instead of the previous fund.\n\n**Why it matters:**\nThis is essentially an administrative switch of fund manager. It ensures that productivity benefit contributions for eligible government employees go to AustralianSuper rather than the previous nominated fund. For most affected employees, this is a behind-the-scenes change in where their money is held, but it ensures the legal framework correctly identifies the current fund responsible for managing these benefits."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument replaces the previously nominated fund declared on 27 June 1990 with AustralianSuper, thereby changing which entity is treated as the 'nominated fund' for the purposes of the Superannuation (Productivity Benefit) Act 1988 (see sections 4 and 5) and taking effect 1 January 2013 (section 2)."},"complexity_factors":["Single, short instrument with one operative nomination (section 5) and a revocation (section 4).","Clear commencement date provided (section 2) — low temporal complexity.","Relies on external statutory power (subsection 4B(1) of the Superannuation (Productivity Benefit) Act 1988) rather than creating new rules — interpretive complexity limited to link with that Act.","No criteria, procedures or definitions for selecting the fund are set out here — administrative discretion sits with the Minister who made the declaration (instrument header).","Operational impact depends on how the parent Act treats a 'nominated fund' (external dependency increases practical complexity for affected parties)."],"plain_english_summary":"This Declaration formally names AustralianSuper as the “nominated fund” under the Superannuation (Productivity Benefit) Act 1988, effective 1 January 2013. It also revokes the earlier nominated‑fund declaration made on 27 June 1990. The change affects any person or entity whose rights or obligations under the Act turn on which entity is the nominated fund, by substituting AustralianSuper as the statutory reference point for those purposes."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-productivity-benefit-nominated-fund-declaration-2012","history":"/api/acts/superannuation-productivity-benefit-nominated-fund-declaration-2012/history","analysis":"/api/acts/superannuation-productivity-benefit-nominated-fund-declaration-2012/analysis","conflicts":"/api/acts/superannuation-productivity-benefit-nominated-fund-declaration-2012/conflicts","importantCases":"/api/acts/superannuation-productivity-benefit-nominated-fund-declaration-2012/important-cases","documents":"/api/acts/superannuation-productivity-benefit-nominated-fund-declaration-2012/documents"}}