Superannuation (Productivity Benefit) (Penalty Interest) Determination 1995

Statutory Rules 1995 No. 177 as amended

made under the

Superannuation (Productivity Benefit) Act 1988

This compilation was prepared on 29 June 2006
taking into account amendments up to Superannuation (Productivity Benefit) (Penalty Interest) Amendment Determination 2006 (No. 1)

Prepared by the Department of Finance and Administration, Canberra
 

Contents

 1 Name of determination [see Note 1] 

 2 Interpretation 

 3 How to calculate interest — subsections 4G (1) and (2) of the Act             

 4 Revocation 

Schedule Annual interest rates 

Notes   

 

 

 

1 Name of determination [see Note 1]

  This determination is the Superannuation (Productivity Benefit) (Penalty Interest) Determination 1995.

2 Interpretation

  In this Determination:

Act means the Superannuation (Productivity Benefit) Act 1988.

3 How to calculate interest — subsections 4G (1) and (2) of the Act

  For the purposes of subsections 4G (1) and (2) of the Act, the interest fixed under each of those subsections in relation to a fund on a day is to be calculated by dividing by 365 the annual interest rate specified in the Schedule in relation to the financial year in which that day falls.

4 Revocation

  Superannuation (Productivity Benefit) Penalty Interest Determination No. 2 is revoked.

Schedule Annual interest rates

(clause 3)

 

 

Financial Year

Rate

1990–91

15.55%

1991–92

13.00%

1992–93

11.45%

1993–94

9.55%

1994–95

10.45%

1995–96

11.70%

1996–97

10.70%

1997–98

9.83%

1998–99

7.89%

1999–2000

7.51%

2000–2001

8.39%

2001–2002

7.78%

2002–2003

8.10%

2003–2004

7.28%

2004–2005

7.94%

2005–2006

7.35%

2006-2007

7.71%

Note   The annual interest rates specified in this Schedule are intended to represent the interest rate that is the estimated closing yield last published by the Reserve Bank of Australia before 1 June in the year immediately preceding the relevant financial year in respect of 10-year non-rebate Treasury Bonds, plus 2%.

Notes to the Superannuation (Productivity Benefit) (Penalty Interest) Determination 1995

Note 1

The Superannuation (Productivity Benefit) (Penalty Interest) Determination 1995 (in force under the Superannuation (Productivity Benefit) Act 1988) as shown in this compilation comprise Statutory Rules 1995 No. 177 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Before 1 January 2005, section 9B of the Superannuation (Productivity Benefit) Act 1988 provided, in part, that determinations under section 4G were disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901. The effect of these provisions was that such determinations were required to be notified in the Gazette and take effect from the date of gazettal.

From 1 January 2005, paragraph 6(d) of the Legislative Instruments Act 2003 declared disallowable instruments (such as determinations under section 4G) to be legislative instruments. Legislative instruments are registered on the Federal Register of Legislative Instruments instead of being notified in the Gazette.

Table of Instruments

Year and Statutory Rule number or title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1995 No. 177

30 June 1995

30 June 1995

 

1996 No. 119

28 June 1996

28 June 1996

1997 No. 147

25 June 1997

25 June 1997

1998 No. 201

29 June 1998

29 June 1998

1999 No. 138

30 June 1999

30 June 1999

2000 No. 169

28 June 2000

28 June 2000

2001 No. 169

29 June 2001

29 June 2001

2002 No. 135

27 June 2002

27 June 2002

2003 No. 177

30 June 2003

30 June 2003

2004 No. 201

25 June 2004

25 June 2004

F2005L01868

29 June 2005

30 June 2005

F2006L01991

28 June 2006

29 June 2006

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

C. 1.................

rs. 1999 No. 138

Schedule

 

Schedule.............

am. 1996 No. 119; 1997 No. 147; 1998 No. 201; 1999 No. 138; 2000 No. 169; 2001 No. 169; 2002 No. 135; 2003 No. 177; 2004 No. 201; F2005L01868; F2006L01991.