Superannuation Guarantee (Administration) Regulations 2018

PART 1 - PRELIMINARY

SECTION 5

5 DEFINITIONS

View history reference

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) actuary;

(b) defined benefit superannuation scheme;

(d) ordinary time earnings;

(e) superannuation guarantee statement.

In this instrument:

Act
means the Superannuation Guarantee (Administration) Act 1992 .

capital guaranteed fund
has the same meaning as in the Corporations Regulations 2001 .

eligible community service activity
has the same meaning as in subsection 109(1) of the Fair Work Act 2009 .

employer contribution rate,
in relation to a member of a superannuation scheme, means the rate:

(a) at which contributions relating to the member are paid into the superannuation fund in respect of the scheme by an employer of the member; and

(b) that is expressed as a percentage of the member ' s ordinary time earnings.

[ CCH Note: Definition of " employer contribution rate " will be amended by FRLI No F2026L00133, s 4 and Sch 1 item 2, by substituting " qualifying earnings " for " ordinary time earnings " in para (b), effective 1 July 2026.]

minimum requisite benefit
has the same meaning as in the Superannuation Industry (Supervision) Regulations 1994 .

parental leave
includes any of the following:

(a) maternity leave;

(b) early paid leave for an expectant mother if the employer is unable to transfer her to a safe job;

(c) paternity leave;

(d) pre-adoption leave;

(e) adoption leave.

relevant fund
means any of the following:

(a) a complying approved deposit fund;

(b) a complying superannuation fund;

(c) an RSA.

responsible officers
means:

(a) in relation to a relevant fund that is a complying approved deposit fund or a complying superannuation fund - the trustees of the fund; or

(b) in relation to a relevant fund that is an RSA - the RSA provider of the RSA.

scheduled international social security agreement
has the meaning given by subsection 5(1) of the Social Security (International Agreements) Act 1999 .

selection period
has the meaning given by subsection 17A(4) .

View history note

shortfall component
has the meaning given by sections 64A and 64B of the Act.

successor fund
has the same meaning as in the Superannuation Industry (Supervision) Regulations 1994 .

[ CCH Note: S 5 will be amended by FRLI No F2026L00133, s 4 and Sch 1 item 1, by substituting the note, effective 1 July 2026. The note will read:

Note:

A number of expressions used in this instrument are defined in the Act, including the following:

(a) actuary;

(b) administrative uplift amount;

(c) assessment;

(d) defined benefit superannuation scheme;

(e) MySuper member;

(f) QE day;

(g) qualifying earnings;

(h) voluntary disclosure statement.

]

[ CCH Note: S 5A will be inserted by FRLI No F2026L00133, s 4 and Sch 1 item 3, effective 1 July 2026. S 5A will read:

SECTION 5A CIRCUMSTANCES IN WHICH MEMBER TAKEN TO BE DEFINED BENEFIT MEMBER FOR THE PURPOSES OF THE ACT

5A(1)
For the purposes of paragraph 6AA(b) of the Act, subsection (2) sets out a circumstance in which a member of a superannuation fund is to be taken to be a defined benefit member for the purposes of the Act.

5A(2)
The circumstance is that:

(a) the superannuation fund is a defined benefit superannuation scheme and a superannuation entity (within the meaning of the Superannuation Industry (Supervision) Act 1993 ); and

(b) the person ' s minimum benefits in the scheme are met, or will be met, wholly or partly, from a reserve of the scheme; and

(c) a benefit certificate is currently in effect for the scheme.

5A(3)
For the purposes of paragraph (2)(b) , reserve has the same meaning as in section 115 of the Superannuation Industry (Supervision) Act 1993 .

]

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