Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Download] [Help]

SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994

- made under the Superannuation Industry (Supervision) Act 1993

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.01.   Name of Regulations  
   1.03.   Interpretation  
   1.03A.  Lost member  
   1.03AA. Defined benefit interest  
   1.03AAA.Defined benefit fund  
   1.03AB. Meaning of growth phase  
   1.03C.  Meaning of permanent incapacity  
   1.04.   Prescribed matters (Act, s 10)  
   1.04AAAA.Interdependency relationships (Act s 10A)  
   1.04AAA.Modified meaning of member (Act s 15B)  
   1.04AA. Self managed superannuation funds--persons not taken to be employees (Act s 17A(8))  

   PART 1A--ANNUITIES--AND PENSIONS

           Division 1A.1--

   1.05A.  Interpretation  
   1.05.   Meaning of annuity (Act, s 10)  
   1.06.   Meaning of pension (Act, s 10)  
   1.06A.  Standards for certain innovative superannuation income streams  
   1.06B.  Maximum commutation amount for certain innovative superannuation income streams  
   1.07.   Periods when beneficiary may not receive benefits  
   1.07A.  Commutation of allocated annuities and pensions  
   1.07B.  Commutation of other annuities and pensions  
   1.07C.  Commutation of market linked income stream  
   1.07D.  Commutation of superannuation income stream  

           Division 1A.2--Operating standards

   1.08.   Restriction on factors for converting pensions  

   PART 2--INFORMATION--FOR CERTAIN PARTIES

           Division 2.1--Introductory

   2.01.   Interpretation  
   2.02.   Scope and application of this Part  
   2.03.   Duties and requirements arising under this Part  
   2.04.   Reasonable efforts are sufficient  
   2.05.   Charges for information requested  

           Division 2.2--Information in connection with annual members' meetings

   2.08.   Interpretation  
   2.09.   Application  
   2.10.   Information to be included with notice  
   2.11.   How notice is to be given  

           Division 2.4--Information to be given for each reporting period

              Subdivision 2.4.1--Preliminary

   2.18.   Application  

              Subdivision 2.4.3--Derivatives charge ratio

   2.29.   Specific requirements in particular cases  

           Division 2.5--Information on request

   2.30.   Application  
   2.31.   Documents may be made available for inspection  
   2.32.   Time for compliance  
   2.33.   Specific requirements  

           Division 2.5A--Information about superannuation interest subject to payment split

   2.36B.  Application  
   2.36C.  Information to be provided by trustee when interest becomes subject to payment split  
   2.36D.  Other information to be provided by trustee  
   2.36E.  Other information to be given by trustee--adverse effects on benefits  

   PART 3--MATTERS--PRESCRIBED OR SPECIFIED IN RELATION TO PUBLIC OFFER ENTITIES

   3.01.   Public offer superannuation fund--member of a prescribed class  
   3.04.   Section 54 of the Act--prescribed percentages  
   3.04A.  Removal of trustee of public offer entity--s 60A(2) of the Act  
   3.05.   Policy committees--sections 91, 92 and 93 of the Act  
   3.06.   Policy committees--functions (paragraphs 91(3)(b), 92(3)(b) and 93(3)(b) of the Act)  
   3.07.   Definition of policy committee in section 10 of the Act--matters specified for purposes of paragraph (a)  
   3.08.   Policy committees--duties of trustee  
   3.09.   Dissolution of policy committees  
   3.10.   Commission and brokerage  
   3.11.   Payment by trustee of a public offer entity of commission or brokerage  

   PART 3A--MATTERS--PRESCRIBED OR SPECIFIED IN RELATION TO LICENSING OF TRUSTEES AND OF GROUPS OF INDIVIDUAL TRUSTEES

           Division 3A.1--Classes of RSE licences

   3A.01.  Public offer entity licences  
   3A.02.  Non - public offer entity licences  
   3A.03.  Extended public offer entity licences  
   3A.03A. Acting trustee licences  

           Division 3A.3--Applying for RSE licences

   3A.05.  Definitions  
   3A.06.  Application fees  

   PART 3B--SUPERANNUATION--DATA AND PAYMENT MATTERS

   3B.01.  Definitions  
   3B.02.  Prescribed eligible superannuation entity for register  
   3B.03.  Information to be given for register  

   PART 4--MANAGEMENT--AND TRUSTEESHIP OF SUPERANNUATION ENTITIES

           Division 4.1--Prescribed matters

   4.01A.  Covenants in governing rules of superannuation entity--trustee's determination and benchmarks  
   4.01.   Covenants in governing rules of superannuation entity--prescribed information and documents  
   4.02.   Covenants in governing rules of self managed superannuation fund--beneficiary investment choice  
   4.02A.  Trustee subject to direction--registrable superannuation entity other than regulated superannuation fund with no more than 6 members  
   4.02AA. Operating standard--direction on investment option to trustee of regulated superannuation fund with no more than 6 members  
   4.03.   Trustee of employer - sponsored fund--prescribed direction by employer - sponsor or associate of employer sponsor  
   4.04.   Governing rules of a superannuation entity--prescribed exercise of discretion by non - trustee  
   4.05.   Governing rules of a superannuation entity--prescribed circumstances of amendment  
   4.06.   Removal of member representatives--prescribed circumstances  
   4.07.   Removal of independent trustee or independent member--prescribed circumstances  

           Division 4.2--Operating standards

   4.07C.  Definitions  
   4.07D.  Operating standard--permitted types of insurance  
   4.07E.  Operating standard--self - insurance  
   4.08.   Operating standard--voting rule where equal representation applies  
   4.08A.  Operating standard--member representation for certain regulated superannuation funds where a declaration under subsection 18(7) of the Act applies  
   4.09.   Operating standard--investment strategy  
   4.09A.  Operating standard--money and other assets to be kept separate (self managed superannuation funds)  
   4.10.   Operating standard--investment by non - complying superannuation funds  
   4.10A.  Operating standard--ownership of units in a PST  
   4.11.   Operating standard--investment by non - complying approved deposit funds  
   4.11A.  Operating standard--acceptance of deposits by an approved deposit fund  
   4.12.   Operating standard--acceptance by regulated superannuation and approved deposit funds of rollovers and transfers  
   4.13.   Operating standard--lending to members of an approved deposit fund  

   PART 5--BENEFIT--PROTECTION STANDARDS

           Division 5.1--Preliminary

   5.01.   Interpretation  
   5.01A.  Operating standards--determination of costs and investment return  
   5.01B.  Trustee may provide greater protection than this Part requires  
   5.02.   Determination of costs  
   5.02B.  Priority in deducting surcharge or instalment  
   5.02C.  Refund of costs  
   5.03.   Investment returns  

           Division 5.2--Minimum benefits

   5.04.   Minimum benefits--regulated superannuation funds  
   5.05.   Mandated employer contributions--regulated superannuation funds  
   5.06.   Certain benefits rolled over or transferred to regulated superannuation funds taken to be minimum benefits  
   5.06A.  Benefits rolled over or transferred from an RSA to regulated superannuation funds taken to be minimum benefits  
   5.06B.  Minimum benefits if new interest created, or benefits rolled over or transferred, under Division 7A.2  
   5.07.   Minimum benefits--approved deposit funds  

           Division 5.3--Treatment of minimum benefits

   5.08.   How minimum benefits are to be treated  

   PART 6--PAYMENT--STANDARDS

           Division 6.1--Introductory

              Subdivision 6.1.1--General interpretation

   6.01.   Interpretation  
   6.01AA. Meaning of non - commutable allocated annuity  
   6.01AB. Meaning of non - commutable allocated pension  
   6.01A.  Meaning of terminal medical condition  
   6.01B.  Conditions of release for temporary residents  

              Subdivision 6.1.2--Preserved benefits

   6.02.   Preserved benefits in regulated superannuation funds--before 1 July 1999  
   6.03.   Preserved benefits in regulated superannuation funds--on and after 1 July 1999  
   6.05.   Preserved benefits in approved deposit funds  
   6.06.   Effect of rollover or transfer on preserved benefits  

              Subdivision 6.1.3--Restricted non-preserved benefits

   6.07.   Restricted non - preserved benefits in regulated superannuation funds--before 1 July 1999  
   6.08.   Restricted non - preserved benefits in regulated superannuation funds--on and after 1 July 1999  
   6.09.   Effect of rollover or transfer on restricted non - preserved benefits  

              Subdivision 6.1.4--Unrestricted non-preserved benefits

   6.10.   Unrestricted non - preserved benefits--regulated superannuation funds  
   6.11.   Unrestricted non - preserved benefits--approved deposit funds  
   6.12.   Movement of benefits between categories by satisfaction of conditions of release  
   6.13.   Effect of rollover or transfer on unrestricted non - preserved benefits  

              Subdivision 6.1.5--Miscellaneous

   6.14.   Indexation  
   6.15.   Contributions and benefits taken to be preserved benefits  
   6.15A.  Certain benefits taken to be unrestricted non - preserved benefits  
   6.16.   Redistribution of member benefits within a fund in certain circumstances by operation of governing rules or action of trustee  
   6.16A.  When non - preserved benefits may be reduced  

           Division 6.2--Payment of benefits

   6.17.   Restriction on payment  
   6.17A.  Payment of benefit on or after death of member (Act, s 59(1A))  
   6.17AA. Payments prevented under Family Law Act 1975  
   6.17B.  Duty to seek information  
   6.17C.  Payment and commutation of pension in breach of standards  
   6.17D.  Benefits to be paid as soon as practicable where member satisfies compassionate ground relating to coronavirus  

           Division 6.3--Cashing of benefits

              Subdivision 6.3.1--Regulated superannuation funds

   6.18.   Voluntary cashing of preserved benefits in regulated superannuation funds  
   6.19.   Voluntary cashing of restricted non - preserved benefits in regulated superannuation funds  
   6.19A.  Release of benefits on compassionate grounds  
   6.19B.  Release of benefits on compassionate ground--coronavirus  
   6.20.   Voluntary cashing of unrestricted non - preserved benefits in regulated superannuation funds  
   6.20A.  Compulsory cashing of benefits in a regulated superannuation fund that is not an unfunded public sector superannuation scheme--temporary residents  
   6.20B.  Voluntary cashing of benefits in a regulated superannuation fund that is an unfunded public sector superannuation scheme--temporary residents  
   6.20C.  Cashing of benefits in a regulated superannuation fund--payment to Commissioner of Taxation  
   6.21.   Compulsory cashing of benefits in regulated superannuation funds  
   6.22.   Limitation on cashing of benefits in regulated superannuation funds in favour of persons other than members or their legal personal representatives  
   6.22A.  Priority in cashing benefits in certain cases--regulated superannuation funds  
   6.22B.  When benefits in regulated superannuation funds may be cashed in favour of persons except members  

              Subdivision 6.3.2--Approved deposit funds

   6.23.   Voluntary cashing of preserved benefits in approved deposit funds  
   6.24.   Voluntary cashing of unrestricted non - preserved benefits in approved deposit funds  
   6.24A.  Compulsory cashing of benefits in approved deposit funds--temporary residents  
   6.24B.  Cashing of benefits in approved deposit funds--payment to Commissioner of Taxation  
   6.25.   Compulsory cashing of benefits in approved deposit funds  
   6.26.   Limitation on cashing of benefits in approved deposit funds in favour of persons other than members or their legal personal representatives  
   6.27.   Limitation on cashing benefits in approved deposit funds of less than $500  
   6.27A.  Priority in cashing benefits in certain cases--approved deposit funds  

           Division 6.4--General rules for rollover and transfer of benefits in regulated superannuation funds and approved deposit funds

   6.27B.  Definition  
   6.28.   Rollover--regulated superannuation funds and approved deposit funds  
   6.29.   Transfer--funds  

           Division 6.5--Compulsory rollover and transfer of superannuation benefits in regulated superannuation funds and approved deposit funds

   6.30.   Application  
   6.31.   Definitions for Division 6.5  
   6.32.   Superannuation data and payment matters  
   6.33.   Request for rollover or transfer of withdrawal benefit  
   6.33A.  Action by receiving fund on receipt of request  
   6.33B.  Transferring fund must electronically receive request  
   6.33C.  Trustee may request information if not provided  
   6.33D.  Validation of member's details by transferring fund  
   6.33E.  Verification of self managed superannuation fund and member's details  
   6.34.   Rollover or transfer of withdrawal benefit  
   6.34A.  Timeframes for rollovers and transfers  
   6.34B.  Member details for rollover or transfer  
   6.34C.  Receiving fund must electronically receive information and payment  
   6.34D.  Receiving fund must allocate amount to member  
   6.35.   When a trustee may refuse to roll over or transfer an amount  
   6.36.   Suspension or variation of obligation to roll over or transfer amounts by APRA  
   6.37.   Suspension or variation of obligation to roll over or transfer amounts by APRA--application by trustee  
   6.38.   Trustee's obligations if APRA suspends or varies obligation to roll over or transfer amounts  

           Division 6.6--Additional standards for eligible rollover funds

   6.39.   Obligations of trustees  

           Division 6.7--Spouse contributions-splitting amounts

   6.40.   Interpretation  
   6.41.   Meaning of taxed splittable contribution , untaxed splittable contribution and untaxed splittable employer contribution  
   6.42.   Meaning of splittable contribution  
   6.43.   Application of Division 6.7  
   6.44.   Application to roll over, transfer or allot an amount of contributions  
   6.45.   Decision on application  
   6.46.   Receiving spouse  

           Division 6.8--Conditions for the use of tax file numbers to facilitate consolidation or rollover

   6.47.   Definitions for Division 6.8  
   6.48.   Conditions for use of tax file numbers  
   6.49.   Consent to use beneficiary's tax file number  
   6.50.   Procedure for searching for amounts to facilitate consolidation by rollover  

   PART 6A--PORTABILITY--FORMS

   6A.01.  Establishment of scheme  
   6A.02.  Request to rollover or transfer withdrawal benefit  
   6A.03.  Verification of data  

   PART 7--CONTRIBUTION--AND BENEFIT ACCRUAL STANDARDS (REGULATED SUPERANNUATION FUNDS)

           Division 7.1--General

   7.01.   Interpretation  
   7.02.   Application of Division 7.1  
   7.03.   Restriction on accepting contributions or granting benefit accruals  
   7.03A.  Acceptance of contributions--registrable superannuation entities  
   7.04.   Acceptance of contributions--regulated superannuation funds  
   7.04A.  Acceptance of contributions--public offer superannuation funds  
   7.05.   Accrual of benefits--defined benefit funds  

           Division 7.2--Contributions to be allocated to members

              Subdivision 7.2.1--Superannuation data and payment matters

   7.07.   Superannuation data and payment matters  
   7.07AA. Application  
   7.07A.  Initial registration of employee  
   7.07B.  Validation of initial registration information  
   7.07C.  Trustee may give membership or account number to Commissioner of Taxation  
   7.07D.  Invalid initial registration information  
   7.07E.  Employee details for contribution  
   7.07EA. Employee details may be passed through default fund  
   7.07F.  Information and contributions sent electronically  
   7.07G.  Incomplete contribution information  
   7.07H.  Contributions to be allocated to member  

              Subdivision 7.2.2--Operating standards

   7.07J.  Application  
   7.08.   Contributions to be allocated to members  

           Division 7.3--Contributions to be allocated to members--certain other regulated superannuation funds

   7.09.   Application of Division 7.3  
   7.10.   Operating standard  
   7.11.   Contributions to be allocated to members  

   PART 7A--SUPERANNUATION--INTERESTS SUBJECT TO PAYMENT SPLIT

           Division 7A.1--General

   7A.01.  Purpose of Part 7A  
   7A.01A. Relevant condition of release  
   7A.02.  Operating standards  
   7A.03.  Trustee to give payment split notice  

           Division 7A.1A--Options for trustee in relation to interests

   7A.03A. Application of Division 7A.1A  
   7A.03B. Trustee may create a new interest  
   7A.03C. Request to retain a non - member spouse interest  
   7A.03D. Request to roll over or transfer benefits  
   7A.03E. Request for lump sum payment  
   7A.03F. Requirements for requests  
   7A.03G. Giving effect to a request  
   7A.03H. Trustee's options if no request is received  
   7A.03I. Confirming that the non - member spouse has an interest in the fund  
   7A.03J. Rolling over or transferring the non - member spouse's interest  
   7A.03K. Paying a lump sum  

           Division 7A.2--Options available for certain superannuation interests

   7A.04.  Application of Division 7A.2  
   7A.05.  Request for new interest  
   7A.06.  Request for transfer of benefits  
   7A.07.  Request for lump sum payment  
   7A.08.  Requirements for requests  
   7A.09.  Giving effect to request  
   7A.10.  Trustee options if no request received  
   7A.11.  Creating a new interest  
   7A.12.  Rolling over or transferring transferable benefits  
   7A.13.  Paying a lump sum  

           Division 7A.3--Splittable payments--payment standards for non-member spouse entitlements

   7A.14.  Application of Division 7A.3  
   7A.16.  Preservation of non - member spouse entitlements  
   7A.17.  Payment of non - member spouse entitlements from pension  
   7A.18.  Cashing of non - member spouse entitlements  

           Division 7A.4--Superannuation interest split under the Family Law (Superannuation) Regulations 2001

   7A.19.  Application  
   7A.20.  Creating a new interest  
   7A.21.  Rolling over or transferring benefits  
   7A.22.  Paying an amount  

   PART 8--FINANCIAL--REPORTING

   8.01.   Accounts--statement of financial position and financial statement  
   8.02.   Accounts and statements that must be prepared  
   8.02A.  Period within which an auditor must be appointed  
   8.02B.  Asset must be valued at market value  
   8.03.   Period within which audit report must be given  

   PART 9--FINANCIAL--MANAGEMENT OF FUNDS

           Division 9.1--Introductory

   9.01.   Interpretation  

           Division 9.2--Financial position of funds

   9.02.   Application  
   9.02A.  Interpretation  
   9.03.   Subsection 130(1) of the Act etc--obligations of actuaries and auditors  
   9.04.   When the financial position of an entity is unsatisfactory  

           Division 9.2A--Size of defined benefit funds

   9.04A.  Application  
   9.04B.  Sub - funds to be treated as funds  
   9.04C.  Operating standard  
   9.04D.  Size of defined benefit funds  

           Division 9.2B--Provision of defined benefit pensions

   9.04E.  Definition for Division 9.2B  
   9.04F.  Application of Division 9.2B  
   9.04G.  Sub - funds to be treated as funds  
   9.04H.  Operating standard  
   9.04I.  Provision of defined benefit pensions  

           Division 9.3--Funding and solvency of defined benefit funds

   9.05.   Application  
   9.06.   Interpretation  
   9.07.   Prescription of standards  
   9.08.   Funding standard  
   9.09.   Funding and solvency certificates--operating standard  
   9.10.   Contents of funding and solvency certificates  
   9.11.   Effective date of funding and solvency certificates  
   9.12.   Period of effect of funding and solvency certificates  
   9.13.   Effect of notifiable events on funding and solvency certificates  
   9.14.   Further funding and solvency certificates to be obtained  
   9.15.   Minimum benefit index  
   9.16.   Non - compliance with solvency requirement--technical insolvency  
   9.17.   Technical insolvency--operating standard  
   9.18.   Technical insolvency program--special funding and solvency certificate  
   9.19.   Technical insolvency programs--procedure  

           Division 9.4--Winding-up of defined benefit funds

   9.20.   Application  
   9.21.   Interpretation  
   9.22.   Prescription of standards  
   9.23.   Winding - up of defined benefit funds  
   9.24.   Alternative programs approved by the Regulator  
   9.25.   Winding - up proceedings--priorities  

           Division 9.5--Actuarial standards relating to defined benefit funds that are self-managed superannuation funds

   9.26.   Application  
   9.27.   Interpretation  
   9.28.   Prescription of standards  
   9.29.   Actuarial investigation standard  
   9.29A.  Actuarial investigation standard--exemption  
   9.30.   Actuarial reporting standard  
   9.31.   Contents of actuarial report  

           Division 9.6--Solvency of accumulation funds

   9.34.   Application  
   9.35.   Interpretation  
   9.36.   Prescription of standards--accumulation funds  
   9.37.   Accumulation funds solvency standard  
   9.38.   Technical insolvency of accumulation funds--operating standard  
   9.39.   Technical insolvency program for accumulation funds--procedure  

           Division 9.7--Winding-up of accumulation funds

   9.40.   Application  
   9.41.   Interpretation  
   9.42.   Prescription of standards--winding - up of accumulation funds  
   9.43.   Winding - up of accumulation funds  
   9.44.   Alternative programs approved by the Regulator for accumulation funds  
   9.45.   Accumulation fund winding - up proceedings--priorities  

   PART 9AA--REQUIREMENTS--RELATING TO MYSUPER PRODUCTS

   9.46.   Notification--accrued default amount attributed to MySuper product  
   9.46A.  Notification--periodic statements  
   9.47.   Other factors that may be used for a lifecycle MySuper product  
   9.48.   Limitation imposed by governing rules  
   9.49.    Opt - out insurance for MySuper members cannot be obtained at reasonable cost  
   9.50.   Capped fees and costs  
   9.51.   Fee cap percentage  

   PART 9AB--ANNUAL--PERFORMANCE ASSESSMENTS ETC.

           Division 9AB.1--Preliminary

   9AB.1.  Definitions  
   9AB.2.  Meaning of Part 6A product --trustee - directed products  
   9AB.3.  Meaning of lifecycle Part 6A product  
   9AB.4.  Meaning of lifestage weight  
   9AB.4A. Meaning of representative administration fees and expenses or RAFE  
   9AB.5.  Meaning of strategic asset allocation  
   9AB.5A. Meaning of index  
   9AB.6.  Meaning of lookback period  
   9AB.7.  Specified circumstances and provisions where multiple Part 6A products treated as one Part 6A product--subsection 60G(1) of Act  

           Division 9AB.2--Performance assessments

   9AB.8.  Period for making and giving annual performance assessment--paragraph 60C(4)(b) of Act  
   9AB.9.  Specified classes of Part 6A product  
   9AB.10. Requirements for assessment  
   9AB.11. Meaning of actual return --standard Part 6A products  
   9AB.12. Meaning of actual return --lifecycle Part 6A products  
   9AB.13. Meaning of benchmark return --standard Part 6A products  
   9AB.14. Meaning of benchmark return --lifecycle Part 6A products  
   9AB.15. APRA's determination of sequence of lifestages  
   9AB.16. Meaning of benchmark RAFE  
   9AB.17. Meaning of covered asset class , assumed index , assumed annual fee and assumed rate of tax  
   9AB.18. APRA's determination of alternative assumptions--paragraphs 60D(7)(b) and (c) of Act  
   9AB.19. Requirements for notification of fail assessment--subsection 60E(6) of Act  
   9AB.20. Requirements for reopening determination--subsection 60F(4) of Act  

           Division 9AB.3--Comparison rankings

   9AB.21. Specified formula as basis for ranking Part 6A products--performance assessment met  
   9AB.22. Specified formula as basis for ranking Part 6A products--performance assessment not met  
   9AB.23. Net return ranking formula  
   9AB.24. Fee ranking formula  
   9AB.25. Specified methods for Part 6A ranking products--paragraph 60J(3)(b) of Act  

   PART 9A--APPROVED--SMSF AUDITORS

   9A.01.  Qualifications  
   9A.02.  Relevant courses  
   9A.03.  Practical experience  
   9A.04.  Continuing professional development requirements  
   9A.05.  Professional indemnity requirements  
   9A.06.  Auditor independence requirements  
   9A.07.  When fees must be paid  

   PART 10--ELIGIBLE--ROLLOVER FUNDS

   10.01.  Application for authority to operate eligible rollover fund  
   10.02.  Payment of benefit to eligible rollover fund  

   PART 11--INFORMATION--TO BE GIVEN TO THE REGULATOR AND RELATED MATTERS

   11.01.  Definition  
   11.03.  Period for giving information to the Regulator, Act, s 254(1)  
   11.04.  Prescribed information (subsection 254(1))--regulated superannuation funds  
   11.05.  Prescribed information (subsection 254(1))--approved deposit funds  
   11.06.  Prescribed information (subsection 254(1))--PSTs  
   11.06A. Specified person or body (Act s 254(1))  
   11.07.  Operating standard--disclosure of certain information (funds other than self managed superannuation funds)  
   11.07AA.Operating standard--disclosure of certain information (self managed superannuation funds)  
   11.07A. Operating standard--disclosure on change of status  
   11.08.  Operating standard--disclosure of successor fund transfer  

   PART 11A--REGISTER--TO BE KEPT BY APRA

   11A.01. Source of power for this Part  
   11A.02. Definition  
   11A.03. APRA must keep register  
   11A.04. Regulated superannuation funds  
   11A.05. Approved deposit funds  
   11A.06. PSTs  

   PART 12--PRE---1 JULY 1988 FUNDING CREDITS AND DEBITS

   12.01.  Definitions  
   12.02.  Pre - 1 July 88 funding amounts  
   12.03.  Shortfall - in - assets amount--calculation  
   12.04.  Estimation of net market value of fund assets  
   12.05.  Value A of accrued benefits  
   12.06.  Value B of accrued benefits  
   12.07.  Calculation of value A or B of accrued benefits  
   12.08.  Date before which applications to be made  
   12.09.  Application fees  
   12.10.  Prescribed events for the purposes of paragraph 342(4)(a) of the Act  
   12.11.  When and how APRA to be notified of prescribed events  
   12.12.  Transfer of PJFCs--trustees of transferor funds  
   12.13.  Transfer of PJFCs--trustees of transferee funds  
   12.14.  Transfer of PJFCs--revocation of approval  
   12.15.  Transfer of PJFCs--requirements to be satisfied  
   12.19.  Actuaries to certify in relation to determinations  
   12.20.  Substituted accounting periods  

   PART 12A--TRANS---TASMAN RETIREMENT SAVINGS PORTABILITY

           Division 1--General

   12A.01. Purpose of Part 12A  
   12A.02. Definitions for Part 12A  
   12A.03. Payments to which this Part applies  

           Division 2--New Zealand-sourced amounts

   12A.04. Application of Division 2  
   12A.05. Treatment of New Zealand - sourced amounts  
   12A.06. Benefit protection standards  
   12A.07. Payment standards  
   12A.08. Contribution and benefit accrual standards  

           Division 3--Payment of amount to KiwiSaver scheme

   12A.09. Application of Division 3  
   12A.10. Payment  

           Division 4--Conditions of release of benefits

   12A.11. Application of Division 4  
   12A.12. Conditions of release  

   PART 13--MISCELLANEOUS

           Division 13.1A--Transitional arrangements arising out of the Superannuation Legislation Amendment Act (No. 3) 1999

   13.10A. Transitional arrangement--preserved OSS Act provisions  
   13.10B. Outstanding annual returns  
   13.10C. Outstanding amounts  
   13.10D. Certain annual returns and amounts for 1999 - 2000 year of income  

           Division 13.2--Various operating standards

   13.11.  Interpretation  
   13.12.  Assignments of superannuation interests  
   13.13.  Charges over a member's benefits  
   13.14.  Charges over assets of funds  
   13.15.  Restrictions on the standards  
   13.15A. Charges in relation to certain derivatives contracts  
   13.16.  Accrued benefits--restriction on alteration  
   13.17.  Approved deposit funds--restrictions on loans and investments  
   13.17A. Public offer superannuation funds--restrictions on loans and investments  
   13.17AA.Rules for certain investments by funds in related bodies corporate  
   13.17C. Funds that cease to be eligible rollover funds must maintain entitlements  
   13.17D. Cooperation with AFCA  

           Division 13.3--Various prescribed matters

   13.18.  Sole purpose test--specified age  
   13.18AA.Self managed superannuation funds--investment in collectables and personal use assets  
   13.18A. Conditional offer of goods or services--exemptions  
   13.19.  Custodians of superannuation entities--specified amounts  
   13.20.  Advertisement of scheme for winding - up or dissolution of superannuation entity  
   13.21.  Report of inspector--prescribed agencies  
   13.22.  Statements made at an examination--manner of authentication  

           Division 13.3A--In-house assets of superannuation funds

   13.22A. Definitions for Division 13.3A  
   13.22B. Assets held at commencement of Division 13.3A (Act s 71)  
   13.22C. Assets acquired after commencement of Division 13.3A (Act s 71)  
   13.22D. When regulations 13.22B and 13.22C cease to apply to assets  

           Division 13.5--Reconsideration and review of decisions

   13.24.  Notice of reviewable decisions and reasons for decisions  
   13.25.  Reconsideration of certain decisions  
   13.26.  Review by Administrative Review Tribunal of reconsidered decisions  

   PART 14--TRANSITIONAL--ARRANGEMENTS

           Division 14.1--Transitional arrangements arising out of Superannuation Laws Amendment (Capital Gains Tax Relief and Other Efficiency Measures) Act 2012

   14.01.  Definition  
   14.02.  Applications before 1 July 2013 as an approved SMSF auditor  

           Division 14.2--Transitional arrangements arising out of Superannuation Industry (Supervision) Amendment Regulation 2013 (No. 1)

   14.03.  Arrangements  

           Division 14.3--Transitional arrangements arising out of the Superannuation Legislation Amendment (2013 Measures No. 2) Regulation 2013

   14.04.  Arrangements  

           Division 14.4--Transitional arrangements arising out of the Superannuation Laws Amendment (2014 Measures No. 1) Regulation 2014

   14.05.  Arrangements  

           Division 14.5--Transitional arrangements arising out of the Tax and Superannuation Laws Amendment (2014 Measures No. 4) Regulation 2014

   14.06.  Arrangements  

           Division 14.6--Transitional arrangements arising out of the Tax and Superannuation Laws Amendment (Release Conditions for Non-concessional Contributions) Regulation 2015

   14.07.  Arrangements  

           Division 14.7--Transitional arrangements arising out of the Treasury Laws Amendment (2016 Measures No. 1) Regulation 2016

   14.08.  Arrangements  

           Division 14.8--Transitional arrangements arising out of the Tax and Superannuation Laws Amendment (2016 Measures No. 1) Regulation 2016

   14.09.  Arrangements  

           Division 14.9--Transitional arrangements arising out of the Tax and Superannuation Laws Amendment (2016 Measures No. 2) Regulation 2016

   14.10.  Arrangements  

           Division 14.11--Transitional arrangements arising out of the Financial System Legislation Amendment (Resilience and Collateral Protection) Regulation 2016

   14.12.  Arrangements  

           Division 14.13--Transitional arrangements arising out of the Treasury Laws Amendment (Fair and Sustainable Superannuation) Regulations 2017

   14.13.  Arrangements  

           Division 14.14--Transitional arrangements arising out of the Treasury Laws Amendment (2017 Measures No. 1) Regulations 2017

   14.14.  Arrangements  

           Division 14.15--Transitional arrangements arising out of the Treasury Laws Amendment (Putting Consumers First--Establishment of the Australian Financial Complaints Authority) Regulations 2018

   14.15.  Arrangements relating to membership of existing external dispute resolution schemes  
   14.16.  Arrangements relating internal dispute resolution  

           Division 14.16--Transitional arrangements arising out of the Treasury Laws Amendment (Release of Superannuation on Compassionate Grounds) Regulations 2018

   14.16A. Arrangements relating to release of superannuation on compassionate grounds  

           Division 14.17--Transitional arrangements arising out of the Treasury Laws Amendment (2018 Measures No. 2) Regulations 2018

   14.17.  Arrangements  

           Division 14.18--Transitional arrangements arising out of the Treasury Laws Amendment (Work Test Exemption) Regulations 2018

   14.18.  Arrangements  

           Division 14.19--Transitional arrangements arising out of the Treasury Laws Amendment (Protecting Your Superannuation Package) Regulations 2019

   14.19.  Arrangements relating to when a trustee may refuse to roll over or transfer an amount  

           Division 14.20--Transitional arrangements arising out of the Treasury Laws Amendment (AFCA Cooperation) Regulations 2019

   14.20.  Arrangements  

           Division 14.21--Transitional arrangements arising out of the Treasury Laws Amendment (Miscellaneous Amendments) Regulations 2019

   14.21.  Arrangements  

           Division 14.22--Transitional arrangements arising out of the Superannuation Legislation Amendment (2020 Measures No. 1) Regulations 2020

   14.22.  Arrangements  

           Division 14.23--Transitional arrangements arising out of the Treasury Laws Amendment (Reuniting More Superannuation) Regulations 2021

   14.23.  Arrangements  

           Division 14.25--Transitional arrangements arising out of the Treasury Laws Amendment (Miscellaneous and Technical Amendments) Regulations 2020

   14.26.  Arrangements  

           Division 14.26--Transitional arrangements arising out of the Treasury Laws Amendment (Income Tax Assessment Repeal and Consequential Amendments) Regulations 2021

   14.27.  Arrangements  

           Division 14.27--Transitional arrangements arising out of the Treasury Laws Amendment (Your Future, Your Super--Addressing Underperformance in Superannuation) Regulations 2021

   14.28.  Arrangements  

           Division 14.29--Transitional arrangements arising out of the Superannuation Industry (Supervision) Amendment (Your Future, Your Super--Improving Accountability and Member Outcomes) Regulations 2021

   14.30.  Annual members' meetings  
   14.31.  Use of goods or services to influence employers  

           Division 14.30--Transitional arrangements arising out of the Treasury Laws Amendment (Enhancing Superannuation Outcomes) Regulations 2022

   14.32.  Arrangements  

           Division 14.32--Transitional arrangements arising out of the Superannuation Legislation Amendment (Broadening Contribution Rules) Regulations 2022

   14.34.  Arrangements  

           Division 14.33--Transitional arrangements arising out of the Treasury Laws Amendment (Military Superannuation Benefits) Regulations 2023

   14.35.  Arrangements  

           Division 14.34--Transitional arrangements arising out of the Superannuation Industry (Supervision) Amendment (Your Future, Your Super--Addressing Underperformance in Superannuation) Regulations 2023

   14.36.  Arrangements  

           Division 14.35--Transitional arrangements arising out of the Treasury Laws Amendment (Miscellaneous and Technical Amendments) Regulations 2024

   14.37.  Amendment made by the Treasury Laws Amendment (Miscellaneous and Technical Amendments) Regulations 2024  
           SCHEDULE 1AAA Approved auditors--professional organisations
           SCHEDULE 1AA
           SCHEDULE 1A Payment limits for annuities and pensions with a commencement day before 1 January 2006
           SCHEDULE 1AAB Payment limits for annuities and pensions with a commencement day on and after 1 January 2006
           SCHEDULE 1B Pension valuation factors
           SCHEDULE 1 Conditions of release of benefits
           SCHEDULE 2 Modifications of the OSS laws in relation to preserved benefits in regulated superannuation funds
           SCHEDULE 2A Information in notice under subsection 60E(2) of Act
           SCHEDULE 3 Prescribed form of advertisement of scheme for winding-up or dissolution
           SCHEDULE 4 Approved bodies
           SCHEDULE 6 Payments for market linked income streams
           SCHEDULE 7 Minimum payment amount for a superannuation income stream


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback