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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1--Preliminary

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Object of Act  
   4.      Summary of provisions  
   6.      General administration of Act  
   7.      Application of Act not to be excluded or modified  
   8.      Act extends to external Territories  
   9.      Crown to be bound  
   9A.     Application of the Criminal Code  

           Division 2--Interpretation

   10.     Definitions  
   10A.    Interdependency relationship  
   11.     Approvals, determinations etc. by Regulator  
   11A.    Approved forms  
   11B.    Electronic lodgment of approved forms  
   11C.    Declaration required if approved form lodged electronically on trustee's behalf  
   11D.    Electronic lodgment--documents other than approved forms  
   11E.    Approved guarantees  
   12.     Associates  
   13.     Single trustees  
   13A.    RSE licensees that are groups of individual trustees  
   14.     Indefinitely continuing fund--application of rules against perpetuities  
   15.     Approved deposit funds--payments by trustees  
   15A.    Definitions of employee and employer  
   15B.    Modified meaning of member  
   16.     Definitions associated with employer-sponsorship  
   17A.    Definition of self managed superannuation fund  
   18.     Public offer superannuation fund  
   19.     Regulated superannuation fund  
   20.     Related bodies corporate  
   20A.    Resident approved deposit funds  

   PART 2A--LICENSING OF TRUSTEES AND GROUPS OF INDIVIDUAL TRUSTEES

           Division 1--Object of this Part

   29A.    Object of this Part and the relationship of this Part to other provisions  

           Division 2--Classes of RSE licences

   29B.    Classes of RSE licences  

           Division 3--Applying for RSE licences

   29C.    Applications for RSE licences  
   29CA.   APRA may request further information  
   29CB.   Period etc. for deciding applications from existing trustees in licensing transition period  
   29CC.   Period for deciding other applications  

           Division 4--Grant of RSE licences

   29D.    Grant of RSE licences  
   29DA.   Capital requirements  
   29DB.   Notice of class of licence  
   29DC.   Documents required to bear ABNs [1]  
   29DD.   Licence period  
   29DE.   APRA to give notice of refusal of applications  

           Division 5--Conditions on RSE licences

   29E.    Conditions imposed on all licences and on groups of licences  
   29EA.   Additional conditions imposed on individual licences by APRA  
   29EB.   Directions to comply with licence conditions  

           Division 6--Varying RSE licences

   29F.    Applications for variation of RSE licences  
   29FA.   APRA may request further information  
   29FB.   Period for deciding applications  
   29FC.   APRA may vary RSE licences in accordance with applications  
   29FD.   APRA may vary or revoke licence conditions on its own initiative  
   29FE.   Notification of APRA's decisions under this Division  
   29FF.   When variations or revocations come into force etc.  

           Division 7--Cancelling RSE licences

   29G.    Cancellation of RSE licences  
   29GA.   Cancellation of RSE licences of financial services licensees  
   29GB.   APRA may allow RSE licence to continue in effect  

           Division 8--Risk management strategies

              Subdivision A--Contents of risk management strategies

   29H.    Contents of risk management strategies  

              Subdivision B--Maintaining and reviewing risk management strategies

   29HA.   Requirement to maintain and review risk management strategies  
   29HB.   Modifications etc. to risk management strategies  
   29HC.   Notification of modifications etc. to risk management strategies  

              Subdivision C--Miscellaneous

   29HD.   APRA to be given information  

           Division 9--Offences and self-incrimination

   29J.    Being trustee of a registrable superannuation entity while unlicensed etc.  
   29JA.   Failing to notify breach of licence condition  
   29JB.   Not complying with direction to comply with licence conditions  
   29JC.   Not complying with direction to modify risk management strategy  
   29JCA.  False representation about status as RSE licensee  
   29JD.   Breach does not affect validity of issue of superannuation interests etc.  

   PART 2B--REGISTRABLE SUPERANNUATION ENTITIES

           Division 1--Object of this Part

   29K.    Object etc. of this Part  

           Division 2--Applying for registration

   29L.    Applications for registration  
   29LA.   APRA may request further information  
   29LB.   Period for deciding applications for registration  

           Division 3--Registration

   29M.    Registration of registrable superannuation entity  
   29MA.   Notice of registration  
   29MB.   Documents required to bear ABNs [2]  
   29MC.   APRA to give notice of refusal of applications  

           Division 4--Cancelling registration

   29N.    Cancelling registration  

           Division 5--Risk management plans

              Subdivision A--Contents of risk management plans

   29P.    Contents of risk management plans  

              Subdivision B--Maintaining and reviewing risk management plans

   29PA.   Requirement to maintain and review risk management plans  
   29PB.   Modifications etc. to risk management plans  
   29PC.   Notification of modifications etc. to risk management plans  

              Subdivision C--Miscellaneous

   29PD.   Access to risk management plans  
   29PE.   APRA to be given information  

           Division 6--Offences and self-incrimination

   29Q.    Not complying with direction to modify risk management plan  
   29QA.   Breach does not affect validity of issue of superannuation interests etc.  

   PART 3--OPERATING STANDARDS

   30.     Object of Part  
   31.     Operating standards for regulated superannuation funds  
   32.     Operating standards for approved deposit funds  
   33.     Operating standards for pooled superannuation trusts  
   34.     Prescribed operating standards must be complied with  

   PART 4--ACCOUNTS, AUDIT AND REPORTING OBLIGATIONS FOR SUPERANNUATION ENTITIES

   35.     Objects of Part  
   35A.    Accounting records (all superannuation entities)  
   35B.    Accounts and statements (self-managed superannuation funds only)  
   35C.    Audit of accounts and statements (all superannuation entities)  
   35D.    Trustee to lodge annual returns (self-managed superannuation funds only)  
   36.     Trustee to give copy of audit report to APRA (registrable superannuation entities only)  

   PART 5--NOTICES ABOUT COMPLYING FUND STATUS

           Division 1--Objects and interpretation

   37.     Objects of Part  
   38.     Meaning of entity  

           Division 2--The Regulator may give notices about complying fund status

   38A.    Meaning of regulatory provision  
   39.     Meaning of contravention  
   40.     Notices by the Regulator to trustee  
   41.     When the Regulator obliged to give notice of compliance  
   42.     Complying superannuation fund  
   42A.    Complying superannuation fund--fund that has been a self managed superannuation fund at any time during a year  
   43.     Complying approved deposit fund  
   44.     Pooled superannuation trust  

           Division 3--Complying fund status for tax purposes

   45.     Complying superannuation fund  
   46.     Complying superannuation scheme--superannuation guarantee charge  
   47.     Complying approved deposit fund  
   48.     Pooled superannuation trust  
   49.     Transitional--notices under the repealed provisions of the Occupational Superannuation Standards Act 1987  
   50.     Transitional--late lodgment of elections by trustees of superannuation funds  

   PART 6--PROVISIONS RELATING TO GOVERNING RULES OF SUPERANNUATION ENTITIES

   51.     Object of Part  
   52.     Covenants to be included in governing rules  
   53.     Covenants to repay amounts to beneficiaries in approved deposit funds  
   54.     Prerequisites to variation of repayment period  
   55.     Consequences of contravention of covenant  
   55A.    Rules about cashing benefits after death of members  
   56.     Indemnification of trustee from assets of entity  
   57.     Indemnification of directors of trustee from assets of entity  
   58.     Trustee not to be subject to direction  
   59.     Exercise of discretion by person other than trustee  
   60.     Amendment of governing rules  
   60A.    Dismissal of trustee of public offer entity  

   PART 7--PROVISIONS APPLYING ONLY TO REGULATED SUPERANNUATION FUNDS

   61.     Object of Part  
   62.     Sole purpose test  
   63.     Certain regulated superannuation funds not to accept employer contributions in certain circumstances  
   64.     Superannuation contributions--deductions from salary or wages to be remitted promptly  
   64A.    Compliance with determinations of the Superannuation Complaints Tribunal  
   65.     Lending to members of regulated superannuation fund prohibited  
   66.     Acquisitions of certain assets from members of regulated superannuation funds prohibited  
   67.     Borrowing  
   68.     Victimisation of trustees etc.  
   68A.    Conduct relating to fund membership  

   PART 8--IN-HOUSE ASSET RULES APPLYING TO REGULATED SUPERANNUATION FUNDS

           Division 1--Object and interpretation

              Subdivision A--General

   69.     Object of Part  
   69A.    Sub-funds to be treated as funds  
   70A.    The Regulator may determine a person to be a standard employer-sponsor  

              Subdivision B--Part 8 associates

   70B.    Part 8 associates of individuals  
   70C.    Part 8 associates of companies  
   70D.    Part 8 associates of partnerships  
   70E.    Meanings of terms used in sections 70B, 70C and 70D  

              Subdivision C--In-house assets

   71.     Meaning of in-house asset  

              Subdivision D--Transitional arrangements in relation to in-house assets

   71A.    Exceptions--pre-11 August 1999 investments and loans  
   71B.    Exceptions--pre-11 August 1999 leases and lease arrangements  
   71C.    Exceptions--transition period  
   71D.    Exception--reinvestments  
   71E.    Exception--certain geared investments  
   71F.    Meaning of certain terms used in Subdivision D  

              Subdivision E--Other provisions in relation to in-house assets

   72.     How this Part applies if there are 2 or more employer-sponsors of whom at least one is an unrelated employer-sponsor  
   73.     Cost of in-house asset  
   74.     Historical cost ratio of fund's in-house assets  
   75.     Market value ratio of fund's in-house assets  

           Division 2--Historical cost ratio of fund's in-house assets

   76.     Private sector funds established on or after 12 March 1985--historical cost ratio for the 1994-95 year of income  
   77.     Private sector funds established before 12 March 1985--historical cost ratio for the 1994-95 year of income  
   78.     Public sector funds established on or after 1 July 1990--historical cost ratio for the 1994-95 year of income  
   79.     Public sector funds established before 1 July 1990--historical cost ratio for the 1994-95 year of income  
   80.     All funds--historical cost ratio for the 1995-96 year of income, the 1996-97 year of income and the 1997-98 year of income  

           Division 3--Market value ratio of fund's in-house assets

   80A.    Division not applicable to certain funds  
   81.     All funds--market value ratio for the 1998-99 year of income and the 1999-2000 year of income  
   82.     All funds--market value ratio for the 2000-2001 year of income and later years of income  
   83.     Certain new in-house asset investments prohibited  

           Division 3A--Limit on in-house assets of certain defined benefit funds

   83A.    Definitions  
   83B.    Application of Division  
   83C.    Maximum permitted market value of in-house assets  
   83D.    Limit on in-house assets  
   83E.    Acquisition of in-house assets prohibited in certain circumstances  

           Division 4--Enforcement

   84.     In-house asset rules must be complied with  

           Division 5--Anti-avoidance

   85.     Prohibition of avoidance schemes  

   PART 9--EQUAL REPRESENTATION OF EMPLOYERS AND MEMBERS--EMPLOYER-SPONSORED FUNDS

   86.     Object of Part  
   87.     Consequences of non-compliance with this Part  
   88.     This Part does not apply if acting trustee appointed under Part 17  
   89.     Basic equal representation rules  
   90.     Pre-1 July 1995 rules--funds with fewer than 200 members  
   91.     Pre-1 July 1995 rules--funds with 200 or more members  
   92.     Post-30 June 1995 rules--funds with more than 4, but fewer than 50, members  
   93.     Post-30 June 1995 rules--funds with more than 49 members  
   93A.    A trustee who is an employer-sponsor of a fund may still be an independent trustee [3]  

   PART 10--PROVISIONS APPLYING ONLY TO APPROVED DEPOSIT FUNDS

   94.     Object of Part  
   95.     Borrowing  

   PART 11--PROVISIONS APPLYING ONLY TO POOLED SUPERANNUATION TRUSTS

   96.     Object of Part  
   97.     Borrowing  
   98.     Lending to unit-holders prohibited  
   99.     Civil penalty provisions  

   PART 12--DUTIES OF TRUSTEES AND INVESTMENT MANAGERS OF SUPERANNUATION ENTITIES

   100.    Object of Part  
   101.    Duty to establish arrangements for dealing with inquiries or complaints  
   102.    Duty to seek information from investment manager  
   103.    Duty to keep minutes and records  
   104.    Duty to keep records of changes of trustees  
   104A.   Trustees etc. of self managed superannuation fund--recognition of obligations and responsibilities  
   105.    Duty to keep reports  
   106.    Duty to notify the Regulator of significant adverse events  
   106A.   Duty to notify Commissioner of Taxation of change in status of entity  
   107.    Duty of trustee of employer-sponsored fund to establish procedure for appointing member representatives  
   108.    Duty of trustee of employer-sponsored fund to establish procedure for appointing independent trustee or independent member of board of directors of corporate trustee  
   109.    Investments of superannuation entity to be made and maintained on arm's length basis  

   PART 14--OTHER PROVISIONS APPLYING TO SUPERANNUATION ENTITIES

   114.    Object of Part  
   115.    Trustee of superannuation entity may maintain reserves  
   116.    Agreement between trustee and investment manager  
   117.    Circumstances in which amounts may be paid out of an employer-sponsored fund to an employer-sponsor  
   118.    Consents to appointments  

   PART 15--STANDARDS FOR TRUSTEES, CUSTODIANS AND INVESTMENT MANAGERS OF SUPERANNUATION ENTITIES

           Division 1--Object of Part and definition of disqualified person

   119.    Object of Part  
   120.    Disqualified persons  

           Division 2--Requirements for custodians and investment managers

   122.    Investment manager must not appoint or engage custodian without the trustee's consent  
   123.    Persons who may be appointed to be custodians of superannuation entities  
   124.    Investment managers must be appointed in writing  
   125.    Individuals not to be investment managers of superannuation entities  

           Division 3--Disqualified persons

              Subdivision A--Disqualification by the Commissioner of Taxation

   126.    Application of this Subdivision  
   126A.   The Regulator may disqualify individuals  
   126B.   Application for waiver of disqualified status  
   126C.   Application must be decided within a period of time  
   126D.   Notifying of the outcome of an application  
   126E.   The effect of seeking a waiver of disqualified person status  
   126F.   The Regulator's powers to seek further material  

              Subdivision B--Disqualification by the Federal Court of

   126G.   Application of this Subdivision  
   126H.   Court power of disqualification  
   126J.   Court power to revoke or vary a disqualification etc.  

              Subdivision C--Offences relating to disqualified persons

   126K.   Disqualified persons not to be trustees, investment managers or custodians of superannuation entities  

           Division 4--Non-compliance not to invalidate appointment or transaction

   127.    Non-compliance not to invalidate appointment or transaction  

   PART 16--ACTUARIES AND AUDITORS OF SUPERANNUATION ENTITIES

           Division 1--Object of Part

   128.    Object of Part  

           Division 2--Obligations of actuaries and auditors

   129.    Obligations of actuaries and auditors--compliance  
   130.    Obligations of actuaries and auditors--solvency  
   130A.   Auditor or actuary may give information to the Regulator  
   130B.   Self incrimination  
   130C.   Actuaries and auditors--failure to implement actuarial recommendations  

           Division 3--Disqualifying and removing actuaries and auditors

   130D.   Court power of disqualification  
   130E.   Court power to revoke or vary a disqualification etc.  
   131.    Auditors and actuaries--disqualification orders  
   131AA.  APRA may direct removal of auditor or actuary  

           Division 4--Offences and failure to carry out duties etc

   131A.   The Regulator may refer matters to a professional association  
   131B.   Offence of holding oneself out as an actuary or auditor  
   131C.   Disqualified persons not to be auditor or actuary of superannuation entities  

   PART 17--SUSPENSION OR REMOVAL OF TRUSTEE OF SUPERANNUATION ENTITY

   132.    Object of Part  
   133.    Suspension or removal of trustee of superannuation entity  
   134.    APRA to appoint acting trustee in cases of suspension or removal  
   135.    Terms and conditions of appointment of acting trustee  
   136.    Termination of appointment of acting trustee  
   137.    Resignation of acting trustee  
   138.    Property vesting orders  
   139.    Powers of acting trustee  
   140.    Acting trustee to notify appointment to beneficiaries  
   141.    The Regulator may give directions to acting trustee  
   141A.   Property vested in acting trustee--former trustee's obligations relating to books, identification of property and transfer of property  
   142.    The Regulator may formulate a scheme for the winding-up or dissolution, or both, of a superannuation entity  

   PART 18--AMALGAMATION OF FUNDS

   143.    Object of Part  
   144.    Benefits may be transferred to a new fund with APRA's approval etc.  
   145.    Application for approval of transfer  
   146.    Approval of transfer  
   147.    Cessation of rights against transferor fund  

   PART 19--PUBLIC OFFER ENTITIES

           Division 1--Preliminary

   151.    Contravention of Part does not affect validity of issue of superannuation interest etc.  

           Division 2--Issuing, offering etc

   152.    Limitation on issuing, offering etc. superannuation interests in public offer entities  
   154.    Commission and brokerage  
   155.    Fair dealing on issue or redemption of a superannuation interest  
   156.    Civil liability where subsection 155(2) contravened  

   PART 21--CIVIL AND CRIMINAL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS

           Division 1--Preliminary

   192.    Object of Part  
   193.    Civil penalty provisions  
   194.    Person involved in contravening a provision taken to have contravened the provision  
   195.    When a court is taken to find a person guilty of an offence  

           Division 2--Civil penalty orders

   196.    Court may make civil penalty orders  
   197.    Who may apply for civil penalty order  
   198.    Time limit for application  
   199.    Application for civil penalty order is a civil proceeding  
   200.    Enforcement of order to pay monetary penalty  
   201.    The Regulator may require a person to give assistance in connection with application for civil penalty order  

           Division 3--Criminal proceedings

   202.    When contravention of civil penalty provisions is an offence  
   203.    Application for civil penalty order precludes later criminal proceedings  

           Division 4--Effect of criminal proceedings on application for civil penalty order

   204.    When Division applies  
   205.    Effect during criminal proceedings  
   206.    Final outcome precluding applications for civil penalty order  
   207.    Final outcome not precluding application for civil penalty order  
   208.    After unsuccessful committal proceeding, court may preclude application for civil penalty order  
   209.    Application for civil penalty order based on alternative verdict at jury trial  
   210.    Application for civil penalty order based on alternative finding by court of summary jurisdiction  
   211.    Application for civil penalty order based on alternative finding by appeal court  
   212.    After setting aside declaration, court may preclude application for civil penalty order  
   213.    On unsuccessful appeal against declaration, Court may make civil penalty orders  
   214.    Appeals under this Division  

           Division 5--Compensation for loss suffered by superannuation entity

   215.    On application for civil penalty order, Court may order compensation  
   216.    Criminal court may order compensation  
   217.    Enforcement of order under section 215 or 216  
   218.    Recovery of profits, and compensation for loss, resulting from contravention  
   219.    Effect of sections 215, 216 and 218  
   220.    Certificates evidencing contravention  

           Division 6--Miscellaneous

   221.    Relief from liability for contravention of civil penalty provision  
   222.    Part does not limit power to award punitive damages  

   PART 23--FINANCIAL ASSISTANCE TO CERTAIN FUNDS

           Division 1--Preliminary

   227.    Object of Part  
   228.    Interpretation  
   229.    Application for assistance  
   230.    Minister may request additional information  
   230A.   APRA to advise Minister in relation to application for assistance  

           Division 2--Determination of applications for financial assistance

   231.    Minister may grant financial assistance  
   232.    Maximum amount of financial assistance  
   233.    Financial assistance to be subject to conditions  

           Division 3--Repayment of financial assistance

   238.    Financial assistance to be repaid in certain circumstances  
   239.    Minister may remit liability  
   240.    Repayable grant to have priority over other debts  

   PART 24--FACILITY TO PAY BENEFITS TO ELIGIBLE ROLLOVER FUNDS

   241.    Object of Part  
   242.    Interpretation  
   243.    Payment of benefits to eligible rollover fund  
   244.    Operating standards for transferor funds--information and records  
   248.    Claims for benefits  

   PART 24A--TRANSITIONAL PROVISIONS RELATING TO PRE-1 JULY 1995 AUTOMATIC ROLLOVERS OF BENEFITS BETWEEN FUNDS

   249.    Object of Part  
   250.    Definitions  
   251.    Rights of beneficiary to rolled-over benefits  
   252.    Claims to rolled-over benefits  

   PART 24B--PROVISIONS RELATING TO THE ADMINISTRATION BY APRA AND THE COMMISSIONER OF TAXATION OF SUPERANNUATION FUNDS WITH FEWER THAN 5 MEMBERS

           Division 1--Monitoring of superannuation funds with fewer than 5 members

   252A.   APRA or Commissioner of Taxation may request certain information  
   252B.   Contravention notices  

           Division 2--Secrecy provisions relating to Commissioner of Taxation

   252C.   Secrecy--general obligations  

           Division 3--Transitional and savings provisions relating to the regulation of self managed superannuation funds by the Commissioner of Taxation

   252D.   Definition  
   252E.   Instruments made or issued by APRA or by the Commissioner of Taxation  
   252F.   Obligations owed by or to APRA or the Commissioner of Taxation  
   252G.   Outstanding annual returns and amounts  
   252H.   Regulations  

   PART 25--MONITORING AND INVESTIGATING SUPERANNUATION ENTITIES

           Division 1--Preliminary

   253.    Objects of Part  
   253A.   Notices may be given to former relevant persons  

           Division 2--Monitoring superannuation entities

   254.    Information to be given to Regulator  
   255.    Regulator may require production of books  
   256.    Access to premises  

           Division 3--APRA may require trustee of superannuation entity to appoint an individual, or a committee, to investigate the financial position of the entity

   257.    Investigation of financial position of superannuation entity  
   258.    Qualifications of investigator or investigators  
   259.    APRA may veto appointment of investigator or investigators  
   260.    Deadline for receipt of report  
   261.    Contents of report etc.  
   262.    Trustee must comply with requirements  

           Division 3A--Regulator may accept and enforce undertakings

   262A.   Acceptance and enforcement of undertakings  

           Division 4--Investigations by Regulator

   263.    Investigation of superannuation entity  
   264.    Power of Regulator to obtain information or freeze assets  
   265.    Inspectors  
   266.    Delegation by inspector  
   267.    Regulator may exercise powers of inspector  
   268.    Inspector may enter premises for purposes of an investigation  
   269.    Inspector may require production of books  
   270.    Powers of inspector to require assistance from, and examine, current and former relevant persons and other persons  
   271.    Application for warrant to seize books not produced  
   272.    Grant of warrant  
   273.    Powers if books produced or seized  
   274.    Powers if books not produced  
   275.    Power to require person to identify property of superannuation entity  

           Division 5--Examinations

   276.    Application of Division  
   277.    Requirements made of an examinee  
   278.    Examination to be in private  
   279.    Examinee's lawyer may attend  
   280.    Record of examination  
   281.    Giving copies of record to other persons  
   282.    Copies given subject to conditions  
   283.    Record to accompany report  

           Division 6--Reports

   284.    Report of inspector  

           Division 7--Offences

   285.    Compliance with requirements made under this Act  
   286.    Concealing books relevant to investigation  
   287.    Self-incrimination  
   288.    Legal professional privilege  
   289.    Powers of Court where non-compliance with this Act  

           Division 8--Evidentiary use of certain material

   290.    Statements made at an examination: proceedings against examinee  
   291.    Statements made at an examination: other proceedings  
   292.    Weight of evidence admitted under section 291  
   293.    Objection to admission of statements made at examination  
   294.    Copies of, or extracts from, certain books  
   295.    Report under Division 6  
   296.    Exceptions to admissibility of report  
   297.    Material otherwise admissible  

           Division 9--Miscellaneous

   298.    Regulator may cause civil proceeding to be begun  
   298A.   Authorisation of members of staff  
   299.    Person complying with requirement not to incur liability to another person  

   PART 25A--TAX FILE NUMBERS

           Division 1--Quotation of employee's tax file number

   299A.   Employee may quote to employer  
   299B.   Employer may inform trustee of tax file number  
   299C.   Employer must inform trustee of tax file number  

           Division 2--Quotation, use and transfer of beneficiary's tax file number

   299D.   Eligible superannuation entity or regulated exempt public sector superannuation scheme beneficiary, or applicant, may quote tax file number  
   299E.   Trustee may request beneficiary's or applicant's tax file number  
   299F.   Trustee must request person who is beneficiary at commencement to quote tax file number  
   299G.   Trustee must request person becoming beneficiary after commencement to quote tax file number  
   299H.   Use of tax file number for certain purposes--beneficiaries of eligible superannuation entities  
   299J.   Use of tax file number for certain purposes--beneficiaries of regulated exempt public sector superannuation scheme  
   299K.   Use of tax file number for certain purposes--applicants to become beneficiaries of eligible superannuation entities  
   299L.   Use of tax file number for certain purposes--applicants to become beneficiaries of regulated exempt public sector superannuation schemes  
   299M.   Trustee of eligible superannuation entity must inform RSA provider or other trustee of tax file number for certain purposes  
   299N.   Trustee of regulated exempt public sector superannuation scheme may inform RSA provider or other trustee of tax file number for certain purposes  

           Division 3--Method of quotation of tax file numbers, including deemed quotation

   299P.   Method of quoting tax file number  
   299Q.   Employee taken to have quoted to trustee where trustee informed by employer  
   299R.   Beneficiary or applicant taken to have quoted to RSA provider or trustee  
   299S.   Person claiming benefit taken to have quoted to trustee where he or she provided tax file number in connection with claim  
   299SA.  Beneficiary taken to have quoted where Commissioner gives notice  
   299T.   Beneficiary taken to have quoted if he or she quoted for other purposes  

           Division 3A--Incorrect quotation of tax file number

   299TA.  Effect of mistaken quotation of tax file number  
   299TB.  Effect of invalid quotation of tax file number  

           Division 4--Provision of tax file numbers in forms etc

   299U.   Forms etc. may require tax file number  
   299V.   Failure to quote tax file number  

           Division 5--General

   299W.   Definitions  
   299X.   State insurance  
   299Y.   Trustee of former regulated exempt public sector superannuation scheme to destroy records of tax file numbers  
   299Z.   Transitional provisions  

   PART 26--OFFENCES RELATING TO STATEMENTS, RECORDS ETC

   300.    Object of Part  
   301.    Interpretation  
   303.    Incorrectly keeping records etc.  
   306.    Incorrectly keeping or making records etc.  
   307.    Incorrectly keeping records with intention of deceiving or misleading etc.  
   308.    Falsifying or concealing identity with intention of deceiving or misleading etc.  

   PART 27--POWERS OF COURT

   309.    Object of Part  
   310.    Power to grant relief  
   311.    Power of Court to give directions with respect to meetings ordered by the Court  
   312.    Irregularities  
   313.    Power of Court to prohibit payment or transfer of money or property  
   314.    Court may order the disclosure of information or the publication of advertisements--contravention of provisions relating to issue of superannuation interests etc.  
   315.    Injunctions  
   316.    Effect of sections 313, 314 and 315  
   317.    Power of Court to punish for contempt of court  
   318.    Court may resolve transitional difficulties  

   PART 28--PROCEEDINGS

   319.    Object of Part  
   320.    Power of Regulator to intervene in proceedings  
   321.    Civil proceedings not to be stayed  
   322.    Standard of proof  
   323.    Relief from civil liability for contravention of certain provisions  
   324.    Evidence of contravention  
   324A.   Time for instituting criminal proceedings  
   325.    Vesting of property  

   PART 29--EXEMPTIONS AND MODIFICATIONS

   326.    Object of Part  
   327.    Interpretation  
   328.    Regulator's powers of exemption--modifiable provisions  
   330.    Regulator's powers of exemption--general issues  
   331.    Enforcement of conditions to which exemption is subject  
   332.    Regulator's powers of modification--modifiable provisions  
   334.    Regulator's powers of modification--general issues  
   335.    Variation and revocation of exemptions and modifications  
   336.    Notice of exemptions and modifications  

   PART 29A--PROTECTIONS IN RELATION TO INFORMATION

           Division 1--Protection for whistleblowers

   336A.   Disclosures qualifying for whistleblower protection  
   336B.   Whistleblower protection for disclosures that qualify  
   336C.   Victimisation of whistleblowers prohibited  
   336D.   Right to compensation  
   336E.   Confidentiality requirement for company, company officers and employees and auditors  

           Division 2--Self-incrimination

   336F.   Self-incrimination  

   PART 30--MISCELLANEOUS

   337.    Object of Part  
   337A.   Trustee may give effect to award made under arbitration agreement  
   338.    Conduct by directors, servants and agents  
   338A.   Liability of trustees required to ensure thing occurs  
   339.    Conviction does not relieve defendant from civil liability  
   341.    Civil immunity where defendant was complying with this Act  
   342.    Pre-1 July 88 funding credits and debits  
   343.    Rules against perpetuities not to apply to superannuation entity  
   344.    Review of certain decisions  
   345.    Statements to accompany notification of decisions  
   347.    How information may be given to the Commissioner of Taxation  
   347A.   The Regulator may collect statistical information  
   348.    The Regulator may publish statistical information  
   349.    This Act and the regulations to be subject to certain superannuation orders  
   349A.   Payment out of a fund in accordance with the Bankruptcy Act 1966  
   350.    Concurrent operation of State/Territory laws  
   353.    Regulations  

   PART 32--ADDITIONAL TRANSITIONAL PROVISIONS--TAX FILE NUMBERS

   381.    Object of Part  
   382.    Quotation of tax file number  
   383.    Pre-1 July 1994 quotation of tax file number to be treated as if made under provisions commencing on 1 July 1994  
   384.    Pre-1 July 1994 quotation of tax file number--request for quotation, or recording, of number not prohibited by the Taxation Administration Act 1953  
   385.    Pre-1 July 1994 quotation of tax file number--objects of tax file number system  


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