SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 13.10A Transitional arrangement--preserved OSS Act provisions

SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 13.10A

  (1)   In this regulation:

"OSS Act" means the Occupational Superannuation Standards Act 1987 , as in force on 30   June 1994.

"preserved OSS Act provisions" means the following provisions of the OSS Act that, despite amendment or repeal by the Occupational Superannuation Standards Amendment Act 1993 (the Amendment Act ), have continued to apply under subsection   16(1) of the Amendment Act:

  (a)   sections   4, 5, 6 and 6A;

  (b)   Part   II;

  (c)   sections   10 to 15CA inclusive;

  (d)   Part   IIIAA;

  (e)   the remaining provisions of the OSS Act in so far as they relate to any or all of the provisions mentioned in the preceding paragraphs of this definition.

"superannuation standards officer" has the meaning given by the OSS Act.

  (2)   If a preserved OSS Act provision provides that a thing must, or may, be done by the Insurance and Superannuation Commissioner, and the thing is to be done in respect of a self managed superannuation fund, the thing is validly done if done by the Commissioner of Taxation.

  (3)   If a preserved OSS Act provision provides that an action, must, or may, be taken in relation to the Insurance and Superannuation Commissioner and a superannuation fund, and the fund in relation to which the action is to be taken is a self managed superannuation fund, the action is validly taken if taken in relation to the fund and the Commissioner of Taxation.

  (4)   If a preserved OSS Act provision imposes an obligation on the Insurance and Superannuation Commissioner, and the obligation is to be carried out in relation to a self managed superannuation fund, the obligation is taken to be imposed on the Commissioner of Taxation, and may be carried out by a member of the Commissioner of Taxation's staff.

  (5)   If a preserved OSS Act provision grants an immunity or privilege to the Insurance and Superannuation Commissioner or a superannuation standards officer, the immunity or privilege is taken, in relation to a self managed superannuation fund, to be an immunity or privilege of the Commissioner of Taxation and a member of the Commissioner of Taxation's staff.