Superannuation Industry (Supervision)
Regulations 1994
Statutory Rules 1994 No. 57
as amended
made under the
Superannuation Industry (Supervision) Act 1993
This compilation was prepared on 18 December 2008
taking into account amendments up to SLI 2008 No. 282
The text of any of those
amendments not in force
on that date is appended in the Notes section
This document has been split into
two volumes
Volume 1
contains Parts 1–13, and
Volume 2
contains the Schedules and the Notes
Each volume
has its own Table of Contents
Prepared by the Office of
Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Schedule 1AAA Approved
auditors — professional organisations 4
Schedule 1AA 5
Part 1 Exempt
public sector superannuation schemes (1994‑95 and 1995‑96 years of
income) 5
Part 2 Exempt
public sector superannuation schemes (1996‑97 year of income) 9
Part 3 Exempt
public sector superannuation schemes (1997‑98 year of income and
subsequent years of income) 12
Schedule 1A Payment limits for annuities and pensions
with a commencement day before 1 January 2006 16
Schedule 1AAB Payment limits for annuities and pensions with
a commencement day on and after 1 January 2006 21
Schedule 1B Pension valuation factors 27
Schedule 1 Conditions of release of benefits 32
Part 1 Regulated
superannuation funds 32
Part 2 Approved
deposit funds 36
Schedule 1AB Eligible temporary resident visas 41
Part 1 Visa
subclasses 41
Part 2 Special
purpose visas 46
Schedule 2 Modifications of the OSS laws in
relation to preserved benefits in regulated superannuation funds 47
Part 1 Modifications
of the Occupational Superannuation Standards Act 1987 47
Part 2 Modifications
of the Occupational Superannuation Standards Regulations 47
Schedule 2A Request to transfer whole balance of
superannuation benefits between funds form 50
Schedule 3 Prescribed
form of advertisement of scheme for winding‑up or dissolution 53
Schedule 4 Approved
bodies 54
Schedule 6 Payments for market linked income
streams 58
Schedule 7 Minimum
payment amount for a superannuation income stream 63
Notes 66
Schedule 1AAA Approved auditors — professional organisations
(subregulation 1.04 (2))
|
Item
|
Professional
Organisation
|
Manner
of Association
|
|
1.
|
CPA Australia Limited
|
Member
|
|
2.
|
The Institute of Chartered Accountants in Australia
|
Member
|
|
3.
|
National Institute of Accountants
|
Member
|
|
4.
|
Association of Taxation and Management Accountants
|
Member or Fellow
|
|
5.
|
National Tax and Accountants Association Ltd
|
Fellow
|
Schedule
1AA
(subregulation 1.04 (4A))
Part 1 Exempt public sector superannuation schemes (1994‑95
and 1995‑96 years of income)
Commonwealth
Schemes
established by or operated under:
Defence
Act 1903
Defence Force Retirement and
Death Benefits Act 1973
Governor‑General Act 1974
Judges’ Pensions Act 1968
Parliamentary Contributory
Superannuation Act 1948
New
South Wales
Schemes
established by or operated under:
First
State Superannuation Act 1992
Judges’ Pensions Act 1953
Local Government and other
Authorities (Superannuation) Act 1927
New South Wales Retirement
Benefits Act 1972
Parliamentary Contributory
Superannuation Act 1971
Police Regulation
(Superannuation) Act 1906
Public Authorities Superannuation
Act 1985
Public Sector Executives
Superannuation Act 1989
State Authorities Non‑contributory
Superannuation Act 1987
State Authorities Superannuation
Act 1987
State Public Service
Superannuation Act 1985
Superannuation Act 1916
Superannuation Administration Act
1991
Transport Employees Retirement
Benefits Act 1967
Victoria
Schemes
established by or operated under:
Attorney‑General
and Solicitor General Act 1972
Coal Mines (Pensions) Act 1958
Constitution Act 1975
County Court Act 1958
Judicial Remuneration Tribunal
Act 1995
Justices Act 1958
Magistrates Courts Act 1989
Magistrates (Summary Proceedings)
Act 1975
Mint Act 1958
Ombudsman Act 1973
Public Prosecutions Act 1994
Supreme Court Act 1986
Schemes
established under trust deeds:
City of
Melbourne Superannuation Fund
County Court Associates
Superannuation Scheme
Emergency Services Superannuation
Scheme
Gas and Fuel Superannuation Fund
Holmesglen Construction
Superannuation Plan
Hospitals Superannuation Fund
Local Authorities Superannuation
Fund
Melbourne Water Corporation
Employees’ Superannuation Fund
Parliamentary Contributory
Superannuation Fund
Pharmaceutical Organisations
Superannuation Fund
Port of Geelong Authority
Superannuation Fund
Port of Melbourne Authority
Superannuation Scheme
State Casual Employees
Superannuation Fund
State Employees Retirement Benefits
Fund
State Superannuation Fund
Supreme Court Associates
Superannuation Scheme
Transport Superannuation Fund
Victorian Electricity Industry
Superannuation Fund
Victorian Superannuation Fund
Zoological Board of Victoria
Superannuation Fund
Queensland
Schemes established by or
operated under:
Fire
Service Act 1990
Governors’ Pensions Act 1977
Judges (Pensions and Long Leave)
Act 1957
Parliamentary Contributory
Superannuation Act 1970
Police Superannuation Act 1974
State Service Superannuation Act
1972
Superannuation (Government and
Other Employees) Act 1988
Superannuation (State Public Sector)
Act 1990
South
Australia
Schemes established by or
operated under:
Electricity
Corporations Act 1994
Governors’ Pensions Act 1976
Judges’ Pensions Act 1971
Parliamentary Superannuation Act
1974
Police Superannuation Act 1990
Southern State Superannuation Act
1994
Superannuation Act 1988
Superannuation (Benefit Scheme)
Act 1992
Schemes established under
trust deeds
Lyell McEwen Health Service Incorporated
Superannuation Fund
Police Occupational Superannuation
Scheme
Western Australia
Schemes
established by or operated under:
Government
Employees Superannuation Act 1987
Judges’ Salaries and Pensions Act
1950
Parliamentary Superannuation Act
1970
Superannuation and Family
Benefits Act 1938
Tasmania
Schemes
established by or operated under:
Judges’
Contributory Pensions Act 1968
Parliamentary Retiring Benefits
Act 1985
Parliamentary Superannuation Act
1973
Retirement Benefits Act 1993
Solicitor‑General Act 1983
Australian
Capital Territory
Schemes
established by or operated under:
Superannuation (Legislative
Assembly Members) Act 1991
Northern
Territory
Schemes
established by or operated under:
Administrators
Pension Act 1981
Legislative Assembly Members’
Superannuation Act 1979
Superannuation Act 1986
Supreme Court (Judges Pensions)
Act 1980
Schemes
established under trust deeds or other means
Northern
Territory Police Supplementary Benefit Scheme
Northern Territory Supplementary
Superannuation Scheme
Part 2 Exempt public sector superannuation schemes (1996‑97
year of income)
Commonwealth
Schemes established by or
operated under:
Defence
Act 1903
Defence Force Retirement and
Death Benefits Act 1973
Governor‑General Act 1974
Judges’ Pensions Act 1968
Parliamentary Contributory
Superannuation Act 1948
New
South Wales
Schemes established by or
operated under:
First
State Superannuation Act 1992
Judges’ Pensions Act 1953
Local Government and Other
Authorities (Superannuation) Act 1927
New South Wales Retirement
Benefits Act 1972
Parliamentary Contributory
Superannuation Act 1971
Police Regulation
(Superannuation) Act 1906
Public Authorities Superannuation
Act 1985
Public Sector Executives
Superannuation Act 1989
State Authorities Non‑contributory
Superannuation Act 1987
State Authorities Superannuation
Act 1987
State Public Service
Superannuation Act 1985
Superannuation Act 1916
Superannuation Administration Act
1996
Transport Employees Retirement
Benefits Act 1967
Victoria
Schemes
established by or operated under:
Attorney
General and Solicitor General Act 1972
Coal Mines (Pensions) Act 1958
Constitution Act 1975
County Court Act 1958
County Court (Jurisdictions) Act
1968
Emergency Services Superannuation
Act 1986
Hospitals Superannuation Act 1988
Justices Act 1958
Local Authorities Superannuation
Act 1988
Magistrates (Summary Proceedings)
Act 1975
Mint Act 1958
Ombudsman Act 1973
Parliamentary Salaries and
Superannuation Act 1968
Port of Geelong Authority Act
1958
Port of Melbourne Authority Act
1958
Public Prosecutions Act 1994
Public Sector Superannuation
(Administration) Act 1993
State Superannuation Act 1988
Supreme Court Act 1986
Queensland
Government
Officers’ Superannuation Scheme (GoSuper)
Governors’ Pension Scheme
Judges Pension Scheme
Parliamentary Contributory
Superannuation Fund
Police Superannuation Fund (Police
Super)
Queensland Fire Service
Superannuation Plan
State Public Sector Superannuation
Scheme (Q Super)
State Service Superannuation Fund
(State Super)
South Australia
Schemes
established by or operated under:
Electricity
Corporations Act 1994
Governors’ Pensions Act 1976
Judges’ Pensions Act 1971
Parliamentary Superannuation Act
1974
Police Superannuation Act 1990
Southern State Superannuation Act
1994
Superannuation Act 1988
Superannuation (Benefit Scheme)
Act 1992
Schemes established by or
under trust deeds
Lyell McEwen Health Service
Incorporated Superannuation Fund
Police Occupational Superannuation
Scheme
Western
Australia
Schemes established by or
operated under:
Government
Employees Superannuation Act 1987
Judges’ Salaries and Pensions Act
1950
Parliamentary Superannuation Act
1970
Superannuation and Family
Benefits Act 1938
Tasmania
Schemes established by or
operated under:
Governor
of Tasmania Act 1982
Judges’ Contributory Pensions Act
1968
Parliamentary Retiring Benefits
Act 1985
Parliamentary Superannuation Act
1973
Retirement Benefits Act 1993
Solicitor‑General Act 1983
Australian Capital Territory
Schemes established by or
operated under:
Superannuation
(Legislative Assembly Members) Act 1991
Northern Territory
Schemes established by or
operated under:
Administrators
Pension Act 1981
Legislative Assembly Members’
Superannuation Act 1979
Superannuation Act 1986
Supreme Court (Judges Pensions)
Act 1980
Other schemes
Northern Territory Police Supplementary Benefit Scheme
Northern
Territory Supplementary Superannuation Scheme
Part 3 Exempt public sector superannuation schemes (1997‑98
year of income and subsequent years of income)
Commonwealth
Schemes established by or
operated under:
Defence
Act 1903
Defence Force Retirement and
Death Benefits Act 1973
Defence Forces Retirement
Benefits Act 1948
Governor‑General Act 1974
Judges’ Pensions Act 1968
Papua New Guinea (Staffing
Assistance) Act 1973
Parliamentary Contributory
Superannuation Act 1948
Superannuation Act 1922
New South Wales
Schemes established by or
operated under:
First
State Superannuation Act 1992
Judges’ Pensions Act 1953
Local Government and Other
Authorities (Superannuation) Act 1927
New South Wales Retirement
Benefits Act 1972
Parliamentary Contributory Superannuation
Act 1971
Police Regulation
(Superannuation) Act 1906
Public Authorities Superannuation
Act 1985
Public Sector Executives
Superannuation Act 1989
State
Authorities Non‑contributory Superannuation Act 1987
State Authorities Superannuation
Act 1987
State Public Service
Superannuation Act 1985
Superannuation Act 1916
Superannuation Administration Act
1996
Transport Employees Retirement
Benefits Act 1967
Victoria
Schemes
established by or operated under:
Attorney
General and Solicitor General Act 1972
Coal Mines (Pensions) Act 1958
Constitution Act 1975
County Court Act 1958
County Court (Jurisdictions) Act
1968
Emergency Services Superannuation
Act 1986
Hospitals Superannuation Act 1988
Justices Act 1958
Local Authorities Superannuation
Act 1988
Magistrates (Summary Proceedings)
Act 1975
Mint Act 1958
Ombudsman Act 1973
Parliamentary Salaries and
Superannuation Act 1968
Public Prosecutions Act 1994
Public Sector Superannuation
(Administration) Act 1993
State Superannuation Act 1988
Supreme Court Act 1986
Queensland
Governors’
Pension Scheme
Judges Pension Scheme
Parliamentary Contributory
Superannuation Fund
State Public Sector Superannuation
Scheme (Q Super)
South
Australia
Schemes established by or
operated under:
Electricity
Corporations Act 1994
Governors’ Pensions Act 1976
Judges’ Pensions Act 1971
Parliamentary Superannuation Act
1974
Police Superannuation Act 1990
Southern State Superannuation Act
1994
Superannuation Act 1988
Western Australia
Schemes established by or
operated under:
Government
Employees Superannuation Act 1987
Judges’ Salaries and Pensions Act
1950
Parliamentary Superannuation Act
1970
State Superannuation Act 2000
Superannuation and Family Benefits
Act 1938
Tasmania
Schemes established by or
operated under:
Governor
of Tasmania Act 1982
Judges’ Contributory Pensions Act
1968
Parliamentary Retiring Benefits
Act 1985
Parliamentary Superannuation Act
1973
Retirement Benefits Act 1993
Solicitor‑General Act 1983
Australian
Capital Territory
Schemes established by or
operated under:
Superannuation
(Legislative Assembly Members) Act 1991
Supreme Court Act 1933
Northern
Territory
Schemes
established by or operated under:
Administrators
Pension Act 1981
Legislative Assembly Members’
Superannuation Act 1979
Superannuation Act 1986
Supreme Court (Judges Pensions)
Act 1980
Other
schemes
Northern
Territory Police Supplementary Benefit Scheme
Northern Territory Supplementary
Superannuation Scheme
Schedule
1A Payment limits for annuities and
pensions with a commencement day before 1 January 2006
(subregulations 1.05
(4) and 1.06 (4))
1. Subject to clauses 3, 4 and 5, the maximum
limits mentioned in paragraph 1.05 (4) (f) or 1.06 (4) (e) are determined under
the formula:
where:
AB means the amount of the annuity account
balance, or pension account balance, as the case requires:
(a) on 1 July in the financial year in which the
payments are made; or
(b) if that year is the year in which the annuity
payments, or pension payments, commence — on the commencement day; and
PVF means the maximum pension valuation
factor set out in Column 3 in the Table in this Schedule in relation to the
item in the Table that represents the age of the beneficiary on:
(a) 1 July in the financial year in which the
payments are made; or
(b) if that is the year in which the annuity
payments, or pension payments, commence — the commencement day.
2. Subject to clauses 3 and 4, the minimum
limits mentioned in paragraph 1.05 (4) (f) or 1.06 (4) (e)
are determined under the formula:
where:
AB means the amount of the annuity account
balance, or pension account balance, as the case requires:
(a) on 1 July in the financial year in which the
payments are made; or
(b) if that year is the year in which the annuity
payments, or pension payments, commence — on the commencement day; and
PVF means the minimum pension valuation
factor set out in Column 4 in the Table to this Schedule in relation to the
item in the Table that represents the age of the beneficiary on:
(a) 1 July in the financial year in which the
payments are made; or
(b) if that is the year in which the annuity
payments, or pension payments, commence — the commencement day.
3. For a calculation of the maximum or
minimum limit in the year in which the commencement day of the pension or
annuity occurs if that day is a day other than 1 July, the appropriate value
set out in Column 3 or Column 4 must be applied proportionally to the number of
days in the financial year that include and follow the commencement day.
4. An amount determined under the formula in
clause 1 or clause 2, is rounded to the nearest 10 whole dollars.
Table
|
Column
1
|
Column
2
|
Column
3
|
Column
4
|
|
Item
|
Age of Beneficiary
|
Maximum Pension Valuation
Factor
|
Minimum Pension Valuation
Factor
|
|
1
|
20 or less
|
10
|
28.6
|
|
2
|
21
|
10
|
28.5
|
|
3
|
22
|
10
|
28.3
|
|
4
|
23
|
10
|
28.1
|
|
5
|
24
|
10
|
28.0
|
|
6
|
25
|
10
|
27.8
|
|
7
|
26
|
10
|
27.6
|
|
8
|
27
|
10
|
27.5
|
|
9
|
28
|
10
|
27.3
|
|
10
|
29
|
10
|
27.1
|
|
11
|
30
|
10
|
26.9
|
|
12
|
31
|
10
|
26.7
|
|
13
|
32
|
10
|
26.5
|
|
14
|
33
|
10
|
26.3
|
|
15
|
34
|
10
|
26.0
|
|
16
|
35
|
10
|
25.8
|
|
17
|
36
|
10
|
25.6
|
|
18
|
37
|
10
|
25.3
|
|
19
|
38
|
10
|
25.1
|
|
20
|
39
|
10
|
24.8
|
|
21
|
40
|
10
|
24.6
|
|
22
|
41
|
10
|
24.3
|
|
23
|
42
|
10
|
24.0
|
|
24
|
43
|
10
|
23.7
|
|
25
|
44
|
10
|
23.4
|
|
26
|
45
|
10
|
23.1
|
|
27
|
46
|
10
|
22.8
|
|
28
|
47
|
10
|
22.5
|
|
29
|
48
|
10
|
22.2
|
|
30
|
49
|
10
|
21.9
|
|
31
|
50
|
9.9
|
21.5
|
|
32
|
51
|
9.9
|
21.2
|
|
33
|
52
|
9.8
|
20.9
|
|
34
|
53
|
9.7
|
20.5
|
|
35
|
54
|
9.7
|
20.1
|
|
36
|
55
|
9.6
|
19.8
|
|
37
|
56
|
9.5
|
19.4
|
|
38
|
57
|
9.4
|
19.0
|
|
39
|
58
|
9.3
|
18.6
|
|
40
|
59
|
9.1
|
18.2
|
|
41
|
60
|
9.0
|
17.8
|
|
42
|
61
|
8.9
|
17.4
|
|
43
|
62
|
8.7
|
17.0
|
|
44
|
63
|
8.5
|
16.6
|
|
45
|
64
|
8.3
|
16.2
|
|
46
|
65
|
8.1
|
15.7
|
|
47
|
66
|
7.9
|
15.3
|
|
48
|
67
|
7.6
|
14.9
|
|
49
|
68
|
7.3
|
14.4
|
|
50
|
69
|
7.0
|
14.0
|
|
51
|
70
|
6.6
|
13.5
|
|
52
|
71
|
6.2
|
13.1
|
|
53
|
72
|
5.8
|
12.6
|
|
54
|
73
|
5.4
|
12.2
|
|
55
|
74
|
4.8
|
11.7
|
|
56
|
75
|
4.3
|
11.3
|
|
57
|
76
|
3.7
|
10.8
|
|
58
|
77
|
3.0
|
10.4
|
|
59
|
78
|
2.2
|
10.0
|
|
60
|
79
|
1.4
|
9.5
|
|
61
|
80
|
1
|
9.1
|
|
62
|
81
|
1
|
8.7
|
|
63
|
82
|
1
|
8.3
|
|
64
|
83
|
1
|
7.9
|
|
65
|
84
|
1
|
7.5
|
|
66
|
85
|
1
|
7.1
|
|
67
|
86
|
1
|
6.8
|
|
68
|
87
|
1
|
6.4
|
|
69
|
88
|
1
|
6.1
|
|
70
|
89
|
1
|
5.8
|
|
71
|
90
|
1
|
5.5
|
|
72
|
91
|
1
|
5.3
|
|
73
|
92
|
1
|
5.0
|
|
74
|
93
|
1
|
4.8
|
|
75
|
94
|
1
|
4.6
|
|
76
|
95
|
1
|
4.4
|
|
77
|
96
|
1
|
4.2
|
|
78
|
97
|
1
|
4.0
|
|
79
|
98
|
1
|
3.8
|
|
80
|
99
|
1
|
3.7
|
|
81
|
100 or more
|
1
|
3.5
|
Example
Iva Fortune, who turns 60 on 5 September 1994, invests
$100,000 in an allocated pension fund on 1 October 1994. The date of the first
payment to Ms Fortune is 1 January 1995.
Assume a fund earning rate of 7%.
1994/95: The maximum and minimum payments for 1994/95 are
based on:
(a) the
account balance on the day of purchase; and
(b) the
beneficiary’s age of 60 on the day of purchase:
Assume that total payments to Ms Fortune at 30 June 1995
are $6,000.
1995/96: The maximum and minimum payments for the year
1995/96 are based on:
(a) the
account balance on 1 July 1995 which is $99,145 (residue $94,000 + interest of
$5,145); and
(b) the
beneficiary’s age of 60 on 1 July 1995:
5. In a year in
which a PVF of 1 is used in calculating the maximum limit under clause 1,
payment of the full account balance may be made at any time during the year.
Schedule 1AAB Payment limits for annuities and pensions with a
commencement day on and after 1 January 2006
(subregulations
1.05 (4) and 1.06 (4))
1. Subject to
clauses 3, 4 and 5, the maximum limits mentioned in paragraph 1.05 (4) (f) or
1.06 (4) (e) are determined under the formula:
where:
AB means the amount of the annuity account
balance, or pension account balance, as the case requires:
(a) on 1 July in the financial year in which the
payments are made; or
(b) if that year is the year in which the annuity
payments, or pension payments, commence — on the commencement day.
PVF means the maximum pension valuation
factor set out in Column 3 of the Table in this Schedule in relation to the
item in the Table that represents the age of the beneficiary on:
(a) 1 July in the financial year in which the
payments are made; or
(b) if that is the year in which the annuity
payments, or pension payments, commence — the commencement day.
2. Subject to
clauses 3 and 4, the minimum limits mentioned in paragraph 1.05 (4) (f)
or 1.06 (4) (e) are determined under the formula:
where:
AB means the amount of the annuity account
balance, or pension account balance, as the case requires:
(a) on 1 July in the financial year in which the
payments are made; or
(b) if that year is the year in which the annuity
payments, or pension payments, commence — on the commencement day.
PVF means the minimum pension valuation
factor set out in Column 4 of the Table in this Schedule in relation to the
item in the Table that represents the age of the beneficiary on:
(a) 1 July in the financial year in which the
payments are made; or
(b) if that is the year in which the annuity
payments, or pension payments, commence — the commencement day.
3. For a
calculation of the maximum or minimum limit in the year in which the
commencement day of the pension or annuity occurs if that day is a day other
than 1 July, the appropriate value set out in Column 3 or Column 4 of the Table
in this Schedule as the case requires, must be applied proportionally to the
number of days in the financial year that include and follow the commencement
day.
4. An amount
determined under the formula in clause 1 or clause 2, is rounded to the
nearest 10 whole dollars.
5. In a year in
which a PVF of 1 is used in calculating the maximum limit under clause 1,
payment of the full account balance may be made at any time during the year.
Table
|
Column 1
|
Column 2
|
Column 3
|
Column 4
|
|
Item
|
Age of Beneficiary
|
Maximum Pension Valuation
Factor
|
Minimum Pension Valuation
Factor
|
|
1
|
20 or less
|
12.0
|
29.2
|
|
2
|
21
|
12.0
|
29.0
|
|
3
|
22
|
12.0
|
28.9
|
|
4
|
23
|
12.0
|
28.7
|
|
5
|
24
|
12.0
|
28.6
|
|
6
|
25
|
12.0
|
28.4
|
|
7
|
26
|
12.0
|
28.3
|
|
8
|
27
|
12.0
|
28.1
|
|
9
|
28
|
12.0
|
27.9
|
|
10
|
29
|
12.0
|
27.8
|
|
11
|
30
|
12.0
|
27.6
|
|
12
|
31
|
12.0
|
27.4
|
|
13
|
32
|
12.0
|
27.2
|
|
14
|
33
|
12.0
|
27.0
|
|
15
|
34
|
12.0
|
26.8
|
|
16
|
35
|
12.0
|
26.6
|
|
17
|
36
|
12.0
|
26.4
|
|
18
|
37
|
12.0
|
26.2
|
|
19
|
38
|
12.0
|
26.0
|
|
20
|
39
|
12.0
|
25.8
|
|
21
|
40
|
12.0
|
25.5
|
|
22
|
41
|
12.0
|
25.3
|
|
23
|
42
|
12.0
|
25.0
|
|
24
|
43
|
12.0
|
24.8
|
|
25
|
44
|
12.0
|
24.5
|
|
26
|
45
|
12.0
|
24.2
|
|
27
|
46
|
12.0
|
24.0
|
|
28
|
47
|
12.0
|
23.7
|
|
29
|
48
|
12.0
|
23.4
|
|
30
|
49
|
12.0
|
23.1
|
|
31
|
50
|
12.0
|
22.8
|
|
32
|
51
|
11.9
|
22.5
|
|
33
|
52
|
11.8
|
22.2
|
|
34
|
53
|
11.8
|
21.8
|
|
35
|
54
|
11.7
|
21.5
|
|
36
|
55
|
11.5
|
21.1
|
|
37
|
56
|
11.4
|
20.8
|
|
38
|
57
|
11.3
|
20.4
|
|
39
|
58
|
11.2
|
20.1
|
|
40
|
59
|
11.0
|
19.7
|
|
41
|
60
|
10.9
|
19.3
|
|
42
|
61
|
10.7
|
18.9
|
|
43
|
62
|
10.5
|
18.5
|
|
44
|
63
|
10.3
|
18.1
|
|
45
|
64
|
10.1
|
17.7
|
|
46
|
65
|
9.9
|
17.3
|
|
47
|
66
|
9.6
|
16.8
|
|
48
|
67
|
9.3
|
16.4
|
|
49
|
68
|
9.1
|
16.0
|
|
50
|
69
|
8.7
|
15.5
|
|
51
|
70
|
8.4
|
15.1
|
|
52
|
71
|
8.0
|
14.6
|
|
53
|
72
|
7.6
|
14.2
|
|
54
|
73
|
7.2
|
13.7
|
|
55
|
74
|
6.7
|
13.3
|
|
56
|
75
|
6.2
|
12.8
|
|
57
|
76
|
5.7
|
12.3
|
|
58
|
77
|
5.1
|
11.9
|
|
59
|
78
|
4.5
|
11.4
|
|
60
|
79
|
3.8
|
10.9
|
|
61
|
80
|
3.1
|
10.5
|
|
62
|
81
|
2.3
|
10.0
|
|
63
|
82
|
1.4
|
9.6
|
|
64
|
83
|
1
|
9.1
|
|
65
|
84
|
1
|
8.7
|
|
66
|
85
|
1
|
8.3
|
|
67
|
86
|
1
|
7.9
|
|
68
|
87
|
1
|
7.5
|
|
69
|
88
|
1
|
7.2
|
|
70
|
89
|
1
|
6.9
|
|
71
|
90
|
1
|
6.6
|
|
72
|
91
|
1
|
6.3
|
|
73
|
92
|
1
|
6.0
|
|
74
|
93
|
1
|
5.8
|
|
75
|
94
|
1
|
5.5
|
|
76
|
95
|
1
|
5.3
|
|
77
|
96
|
1
|
5.1
|
|
78
|
97
|
1
|
4.9
|
|
79
|
98
|
1
|
4.7
|
|
80
|
99
|
1
|
4.5
|
|
81
|
100 or more
|
1
|
4.4
|
Example
Clive Long, who turns 65 on 8 February 2006, invests
$100,000 in an allocated pension fund on 1 March 2006. The date of the first
payment to Mr Long is 1 April 2006.
2005/06: The maximum and minimum
payments for 2005/06 are based on:
(a) the account balance on the day of purchase; and
(b) the beneficiary’s age of 65 on the day of purchase:
(maximum
limit, rounded to $3,380)
(minimum
limit, rounded to $1,930)
Assume that total payments to Mr Long at 30 June 2006 are
$3,000.
2006/07: The maximum and minimum
payments for 2006/07 are based on:
(a) the
account balance on 1 July 2006 which is $99,300 (residue $97,000 + earnings of
$2,300); and
(b) the beneficiary’s age of 65 on 1 July 2006:
(maximum
limit, rounded to $10,030)
(minimum
limit, rounded to $5,740)
Schedule
1B Pension valuation factors
(paragraph 1.06 (6) (g) and subregulation 1.08 (1))
1. The pension valuation factor for:
(a) a pension that is to be indexed at a rate
greater than 8% each year; or
(b) a pension that is included in a class of
pensions that are to be indexed at a rate that is greater than 8% each year;
is the factor determined in writing by the Regulator, on a case‑by‑case
basis, in relation to that pension or class of pensions.
2. The pension valuation factor for any other
pension is the factor applicable to the pension under the following tables.
3. A reference in the tables to Age
is a reference to the age of the recipient on the commencement day of the
relevant pension. If the age of a person on that day falls between 2 of the
ages specified in a table, the pension valuation factor is to be determined by
reference to the factors specified under the next greater age group in the
table.
4. If a pension has no reversion, the pension
valuation factor for the pension is to be the relevant factor specified in the
relevant table in the Below 50% group.
5. If the rules of a superannuation fund
provide that a pension is indexed to movements in salary, the pension valuation
factor for the pension is the relevant factor specified in the table relating
to an indexation rate of 8%.
6. If a pension is indexed by reference to
movements in a price index published by the Australian Statistician, the
pension valuation factor for the pension is the relevant factor applicable
under the table into which the standard indexation rate falls.
7. Subject to clause 8, if the governing
rules of a superannuation fund provide for a pension to be indexed at the
discretion of the trustees of the fund, the pension valuation factor is to be
determined as if the indexation rate were a rate worked out by:
(a) adding together the indexation rates
determined by the trustees for pensions of same kind as that pension in respect
of each year in the period of 5 years of which the year of income in which the
pension commences to be paid is the last year; and
(b) dividing the result by 5.
8. If a superannuation fund to which clause 7
applies has been in existence, or making pension payments, for less than a
continuous period of 5 years, the pension valuation factor is to be the
relevant factor specified in the table that relates to the standard indexation
rate.
Tables
Indexation
rate of 8%
|
Reversion
|
Age
next birthday of recipient on commencement day of pension
|
|
|
20
|
21
|
26
|
31
|
36
|
41
|
46
|
51
|
56
|
61
|
66
|
71
|
76
|
81
|
|
|
or
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
or
|
|
|
|
less
|
25
|
30
|
35
|
40
|
45
|
50
|
55
|
60
|
65
|
70
|
75
|
80
|
more
|
|
Below 50%
|
33
|
31
|
29
|
27
|
25
|
23
|
21
|
18
|
16
|
14
|
12
|
10
|
9
|
9
|
|
50%‑75%
|
34
|
33
|
31
|
29
|
27
|
25
|
22
|
20
|
18
|
15
|
13
|
11
|
10
|
9
|
|
Above 75%
|
35
|
34
|
32
|
30
|
28
|
26
|
24
|
21
|
19
|
16
|
14
|
12
|
10
|
10
|
Indexation
rate of at least 7% but less than 8%
|
Reversion
|
Age next birthday of recipient on commencement day of
pension
|
|
|
20
|
21
|
26
|
31
|
36
|
41
|
46
|
51
|
56
|
61
|
66
|
71
|
76
|
81
|
|
|
|
or
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
or
|
|
|
|
less
|
25
|
30
|
35
|
40
|
45
|
50
|
55
|
60
|
65
|
70
|
75
|
80
|
more
|
|
|
Below 50%
|
26
|
25
|
24
|
23
|
21
|
20
|
18
|
16
|
14
|
13
|
11
|
10
|
9
|
8
|
|
|
50%‑75%
|
27
|
26
|
25
|
24
|
23
|
21
|
19
|
18
|
16
|
14
|
12
|
10
|
9
|
9
|
|
|
Above 75%
|
28
|
27
|
26
|
25
|
24
|
22
|
20
|
19
|
17
|
15
|
13
|
11
|
10
|
9
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Indexation rate of least 6% but less than 7%
|
Reversion
|
Age next birthday of recipient on commencement day of
pension
|
|
|
20
|
21
|
26
|
31
|
36
|
41
|
46
|
51
|
56
|
61
|
66
|
71
|
76
|
81
|
|
|
|
or
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
or
|
|
|
|
less
|
25
|
30
|
35
|
40
|
45
|
50
|
5
|
60
|
65
|
70
|
75
|
80
|
more
|
|
|
Below 50%
|
22
|
21
|
20
|
19
|
18
|
17
|
16
|
4
|
13
|
12
|
10
|
9
|
8
|
8
|
|
|
50%‑75%
|
22
|
22
|
21
|
20
|
19
|
18
|
17
|
16
|
14
|
13
|
11
|
10
|
9
|
8
|
|
|
Above 75%
|
23
|
22
|
22
|
21
|
20
|
19
|
18
|
6
|
15
|
13
|
12
|
10
|
9
|
8
|
|
Indexation
rate of at least 5% but less than 6%
|
Reversion
|
Age next birthday of recipient on commencement day of
pension
|
|
|
20
|
21
|
26
|
31
|
36
|
41
|
46
|
51
|
56
|
61
|
66
|
71
|
76
|
81
|
|
|
|
or
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
or
|
|
|
|
less
|
25
|
30
|
35
|
40
|
45
|
50
|
55
|
60
|
65
|
70
|
75
|
80
|
more
|
|
|
Below 50%
|
18
|
18
|
17
|
17
|
16
|
15
|
14
|
13
|
12
|
11
|
10
|
9
|
8
|
8
|
|
|
50%‑75%
|
19
|
18
|
18
|
17
|
17
|
16
|
15
|
14
|
13
|
12
|
10
|
9
|
8
|
8
|
|
|
Above 75%
|
19
|
19
|
18
|
18
|
17
|
17
|
16
|
15
|
13
|
12
|
11
|
9
|
8
|
8
|
|
Indexation
rate of at least 4% but less than 5%
|
Reversion
|
Age next birthday of recipient on commencement day of
pension
|
|
|
20
|
21
|
26
|
31
|
36
|
41
|
46
|
51
|
56
|
61
|
66
|
71
|
76
|
81
|
|
|
|
or
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
or
|
|
|
|
less
|
25
|
30
|
35
|
40
|
45
|
50
|
55
|
60
|
65
|
70
|
75
|
80
|
more
|
|
|
Below 50%
|
16
|
15
|
15
|
15
|
14
|
13
|
13
|
12
|
11
|
10
|
9
|
8
|
8
|
7
|
|
|
50%‑75%
|
16
|
16
|
15
|
15
|
15
|
14
|
13
|
13
|
12
|
11
|
10
|
9
|
8
|
7
|
|
|
Above 75%
|
16
|
16
|
16
|
15
|
15
|
15
|
14
|
3
|
12
|
11
|
10
|
9
|
8
|
7
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Indexation rate of at least 3% but less than 4%
|
Reversion
|
Age next birthday of recipient on commencement day of
pension
|
|
|
20
|
21
|
26
|
31
|
36
|
41
|
46
|
1
|
56
|
61
|
66
|
71
|
76
|
81
|
|
|
|
or
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
or
|
|
|
|
less
|
25
|
30
|
35
|
40
|
45
|
50
|
55
|
60
|
65
|
70
|
75
|
80
|
more
|
|
|
Below 50%
|
14
|
14
|
13
|
13
|
13
|
12
|
11
|
11
|
10
|
9
|
8
|
8
|
7
|
7
|
|
|
50%‑75%
|
14
|
14
|
14
|
13
|
13
|
13
|
12
|
11
|
11
|
10
|
9
|
8
|
7
|
7
|
|
|
Above 75%
|
14
|
14
|
14
|
14
|
13
|
13
|
12
|
12
|
11
|
10
|
9
|
8
|
8
|
7
|
|
Indexation
rate of at least 2% but less than 3%
|
Reversion
|
Age next birthday of recipient on commencement day of
pension
|
|
|
|
20
|
21
|
26
|
31
|
36
|
41
|
46
|
51
|
56
|
61
|
66
|
71
|
76
|
81
|
|
|
or
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
or
|
|
|
less
|
25
|
30
|
35
|
40
|
45
|
50
|
5
|
60
|
65
|
70
|
75
|
80
|
more
|
|
Below 50%
|
12
|
12
|
12
|
12
|
11
|
11
|
10
|
0
|
9
|
9
|
8
|
7
|
7
|
7
|
|
50%‑75%
|
12
|
12
|
12
|
12
|
12
|
11
|
11
|
10
|
10
|
9
|
8
|
8
|
7
|
7
|
|
Above 75%
|
12
|
12
|
12
|
12
|
12
|
12
|
11
|
1
|
10
|
9
|
9
|
8
|
7
|
7
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Indexation
rate of at least 1% but less than 2%
|
Reversion
|
Age next birthday of recipient on commencement day of
pension
|
|
|
20
|
21
|
26
|
31
|
36
|
41
|
46
|
51
|
56
|
61
|
66
|
71
|
76
|
81
|
|
|
|
or
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
or
|
|
|
|
less
|
25
|
30
|
35
|
40
|
45
|
50
|
55
|
60
|
65
|
70
|
75
|
80
|
more
|
|
|
Below 50%
|
11
|
11
|
11
|
11
|
10
|
10
|
10
|
10
|
9
|
8
|
7
|
7
|
7
|
6
|
|
|
50%‑75%
|
11
|
11
|
11
|
11
|
11
|
10
|
10
|
10
|
9
|
8
|
8
|
7
|
7
|
6
|
|
|
Above 75%
|
11
|
11
|
11
|
11
|
11
|
10
|
10
|
10
|
9
|
9
|
8
|
7
|
7
|
6
|
|
Indexation
rate less that 1%
|
Reversion
|
Age
next birthday of recipient on commencement day of pension
|
|
|
20
|
21
|
26
|
31
|
36
|
41
|
46
|
51
|
56
|
61
|
66
|
71
|
76
|
81
|
|
|
|
or
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
to
|
or
|
|
|
|
less
|
25
|
30
|
35
|
40
|
45
|
50
|
55
|
60
|
65
|
70
|
75
|
80
|
more
|
|
|
Below 50%
|
10
|
10
|
10
|
10
|
9
|
9
|
9
|
8
|
8
|
8
|
7
|
7
|
6
|
6
|
|
|
50%‑75%
|
10
|
10
|
10
|
10
|
10
|
9
|
9
|
9
|
8
|
8
|
7
|
7
|
6
|
6
|
|
|
Above 75%
|
10
|
10
|
10
|
10
|
10
|
10
|
9
|
9
|
9
|
8
|
8
|
7
|
7
|
6
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Schedule
1 Conditions
of release of benefits
(Subregulations
1.03AB (2) and 6.01 (2), regulation 6.01A, paragraphs 6.15A (1) (a) and
(b), (2) (b), (3) (b), (4) (c) and (5) (c), subparagraph 6.16 (3) (b) (ii) and
paragraphs 6.18 (3) (a), 6.19 (3) (a), 6.23 (3) (a) and 7A.01A (a) and
(c))
Part 1 Regulated superannuation funds
|
Column 1
|
Column 2
|
Column 3
|
|
Item
|
Conditions of release
|
Cashing restrictions
|
|
101
|
Retirement
|
Nil
|
|
102
|
Death
|
Nil
|
|
102A
|
Terminal medical condition
|
Nil
|
|
103
|
Permanent incapacity
|
Nil
|
|
103A
|
Former temporary resident to whom regulation 6.20A or
6.20B applies, requesting in writing the release of his or her benefits
|
Amount that is at least the amount of the temporary
resident’s withdrawal benefit in the fund, paid:
(a) as a single lump sum; or
|
|
|
|
(b) if the fund receives any combination of
contributions, transfers and rollovers after cashing the benefits — in a
way that ensures that the amount is cashed
|
|
103B
|
The trustee is required to pay an amount to the
Commissioner of Taxation under the Superannuation (Unclaimed Money and
Lost Members) Act 1999 for the member’s superannuation interest in the
fund
|
Amount that the trustee is required to pay to the
Commissioner of Taxation under the Superannuation (Unclaimed Money and
Lost Members) Act 1999 for the member’s superannuation interest in the
fund, paid as a single lump sum to the Commissioner
|
|
104
|
Termination of gainful employment with a standard
employer‑sponsor of the regulated superannuation fund on or after
1 July 1997 (where the member’s preserved benefits in the fund at the
time of the termination are less than $200)
|
Nil
|
|
105
|
Severe financial hardship
|
For a person taken to be in severe financial hardship
under paragraph 6.01 (5) (a) — in each 12 month period
(beginning on the date of first payment), a single lump sum not less than
$1,000 (except if the amount of the person’s preserved benefits and
restricted non‑preserved benefits is less than that amount) and not
more than $10,000
|
|
|
|
For a person taken to be in severe financial hardship
under paragraph 6.01 (5) (b) — Nil.
|
|
106
|
Attaining age 65
|
Nil
|
|
107
|
Compassionate ground
|
A single lump sum, not exceeding an amount determined, in
writing, by the Regulator, being an amount that:
|
|
|
|
(a) taking account of the ground and of the person’s
financial capacity, is reasonably required; and
|
|
|
|
(b) in the case of the ground mentioned in paragraph
6.19A (1) (b) — in each 12 month period (beginning on the date
of first payment), does not exceed an amount equal to the sum of:
(i) 3 months’ repayments; and
(ii) 12 months’ interest on the outstanding
balance of the loan
|
|
108
|
Termination of gainful employment with an employer who
had, or any of whose associates had, at any time, contributed to the
regulated superannuation fund in relation to the member
|
1. Preserved benefits: Non‑commutable life
pension or non‑commutable life annuity
2. Restricted non‑preserved benefits:
Nil
|
|
109
|
Temporary incapacity
|
A non‑commutable income stream cashed from the
regulated superannuation fund for:
|
|
|
|
(a) the purpose of continuing (in whole or part) the
gain or reward which the member was receiving before the temporary
incapacity; and
|
|
|
|
(b) a period not exceeding the period of incapacity
from employment of the kind engaged in immediately before the temporary
incapacity
|
|
110
|
Attaining preservation age
|
Any of the following:
(a) a transition to retirement income stream;
(b) a non‑commutable allocated annuity;
(c) a non‑commutable allocated pension;
(d) a non‑commutable annuity;
(e) a non‑commutable pension
|
|
111
|
Being a lost member who is found, and the value of whose
benefit in the fund, when released, is less than $200
|
Nil
|
|
112
|
Either:
(a) a person gives a release authority to a
superannuation provider under subsection 292‑410 (1) of the Income
Tax Assessment Act 1997; or
(b) the Commissioner of Taxation gives a release
authority to a superannuation provider under subsection 292‑410 (4)
of the Income Tax Assessment Act 1997
|
Restrictions contained in
subsections 292‑415 (1) and (2) of the Income Tax Assessment
Act 1997
|
|
113
|
A person gives a transitional
release authority to a superannuation provider under section 292‑80B
of the Income Tax (Transitional Provisions) Act 1997
|
Restrictions contained in
subsections 292‑80C (1) and (2) of the Income Tax
(Transitional Provisions) Act 1997
|
|
114
|
Any other condition, if
expressed to be a condition of release, in an approval under subparagraph 62
(1) (b) (v) of the Act
|
Restrictions expressed in the
approval to be cashing restrictions applying to the condition of release
|
Part 2 Approved deposit funds
|
Column 1
|
Column 2
|
Column 3
|
|
Item no.
|
Conditions of release
|
Cashing restrictions
|
|
201
|
Retirement
|
Nil
|
|
202
|
Death
|
Nil
|
|
202A
|
Terminal medical condition
|
Nil
|
|
203
|
Permanent incapacity
|
Nil
|
|
204
|
Former temporary resident
to whom regulation 6.24A applies, requesting in writing the release of his or
her benefits
|
Amount that is at least the
amount of the temporary resident’s withdrawal benefit in the fund, paid:
(a) as a single lump sum; or
(b) if the fund receives any combination of
contributions, transfers and rollovers after cashing the benefits — in a
way that ensures that the amount is cashed
|
|
204A
|
The trustee is required to pay an amount to the
Commissioner of Taxation under the Superannuation (Unclaimed Money and
Lost Members) Act 1999 for the member’s superannuation interest in the
fund
|
Amount that the trustee is required to pay to the
Commissioner of Taxation under the Superannuation (Unclaimed Money and
Lost Members) Act 1999 for the member’s superannuation interest in the
fund, paid as a single lump sum to the Commissioner
|
|
205
|
Severe financial hardship
|
For a person taken to be in severe financial hardship
under paragraph 6.01 (5) (a) — in each 12 month period
(beginning on the date of first payment), a single lump sum not less than
$1,000 (except if the amount of the person’s preserved benefits and
restricted non‑preserved benefits is less than that amount) and not
more than $10,000
|
|
|
|
For a person taken to be in severe financial hardship
under paragraph 6.01 (5) (b) — Nil
|
|
206
|
Attaining age 65
|
Nil
|
|
207
|
Compassionate ground
|
A single lump sum, not exceeding an amount determined, in
writing, by APRA, being an amount that:
|
|
|
|
(a) taking account of the ground and of the person’s
financial capacity, is reasonably required; and
|
|
|
|
(b) in the case of the ground mentioned in paragraph
6.19A (1) (b) — in each 12 month period (beginning on the date
of first payment), does not exceed an amount equal to the sum of:
(i) 3 months’ repayments; and
(ii) 12 months’ interest on the outstanding
balance of the loan
|
|
208
|
Attaining
preservation age
|
Any of the following:
(a) a transition to
retirement income stream;
(b) a non‑commutable
allocated annuity;
(c) a non‑commutable
allocated pension;
(d) a non‑commutable
annuity;
(e) a non‑commutable
pension
|
|
209
|
Either:
(a) a person gives a release authority to a
superannuation provider under subsection 292‑410 (1) of the Income
Tax Assessment Act 1997; or
(b) the Commissioner of Taxation gives a release
authority to a superannuation provider under subsection 292‑410 (4)
of the Income Tax Assessment Act 1997
|
Restrictions
contained in subsections 292‑415 (1) and (2) of the Income
Tax Assessment Act 1997
|
|
210
|
A person
gives a transitional release authority to a superannuation provider under
section 292‑80B of the Income Tax (Transitional Provisions) Act 1997
|
Restrictions contained in subsections 292‑80C (1) and
(2) of the Income Tax (Transitional Provisions) Act 1997
|
|
211
|
Being a lost member who is found, and the value of whose benefit
in the fund, when released, is less than $200
|
Nil
|
Note The
definitions set out in subregulation 6.01 (2) apply, unless they are in
material or expressed not to apply, to Schedule 1; see that
subregulation.
Schedule
1AB Eligible temporary resident visas
(subregulation 6.01 (2))
Part 1 Visa subclasses
1. Subclass 301 (Australian Requirement)
2. Subclass 303 (Emergency (Temporary Visa
Applicant))
3. Subclass 304 (Special equivalent 1989)
4. Subclass 305 (Interdependency)
5. Subclass 309 (Spouse (Provisional))
6. Subclass 310 (Interdependency
(Provisional))
7. Subclass 410 (Retirement)
8. Subclass 411 (Exchange)
9. Subclass 412 (Independent Executive)
10. Subclass 413 (Executive)
11. Subclass 414 (Specialist)
12. Subclass 415 (Foreign Government Agency)
13. Subclass 416 (Special Program)
14. Subclass 417 (Working Holiday)
15. Subclass 418 (Educational)
16. Subclass 419 (Visiting Academic)
17. Subclass 420 (Entertainment)
18. Subclass 421 (Sport)
19. Subclass
422 (Medical Practitioner)
20. Subclass 423 (Media and Film Staff)
21. Subclass 424 (Public Lecturer)
22. Subclass 425 (Family Relationship)
23. Subclass 426 (Domestic Worker
(Temporary) — Diplomatic or Consular)
24. Subclass 427 (Domestic Worker
(Temporary) — Executive)
25. Subclass 428 (Religious Worker)
26. Subclass 429 (Homosexual Partner)
27. Subclass 430 (Supported Dependant)
28. Subclass 432 (Expatriate (Temporary))
29. Subclass 433 (Subsequent Entry)
30. Subclass 434 (PRC Citizen)
31. Subclass 435 (Sri Lankan)
32. Subclass 436 (Lebanese (Temporary))
33. Subclass 437 (PRC (Temporary))
34. Subclass 438 (Refugee (Temporary))
35. Subclass 439 (Extended Eligibility)
36. Subclass 441 (Gulf Conflict (Temporary))
37. Subclass 442 (Occupational Trainee)
38. Subclass 443 (Citizens of Former
Yugoslavia)
39. Subclass 445 (Dependent Child)
40. Subclass 446 (Confirmatory (Temporary))
41. Subclass 447 (Secondary Movement Offshore
Entry (Temporary))
42. Subclass
448 (Kosovar Safe Haven (Temporary))
43. Subclass 449 (Humanitarian Stay
(Temporary))
44. Subclass 450 (Resolution of Status —
Family Member (Temporary))
45. Subclass 451 (Secondary Movement
Relocation (Temporary))
46. Subclass 456 (Business (Short Stay))
47. Subclass 457 (Business (Long Stay))
48. Subclass 459 (Sponsored Business Visitor
(Short Stay))
49. Subclass 490 (Refugee and Humanitarian)
50. Subclass 497 (Graduate — Skilled)
51. Subclass 499 (Olympic (Support))
52. Subclass 550 (Private Subsidised Student)
53. Subclass 551 (AIDAB Student)
54. Subclass 552 (EMSS Student)
55. Subclass 553 (Formal Course Student)
56. Subclass 554 (Trainee (Non‑formal))
57. Subclass 555 (ELICOS Trainee (English
Language))
58. Subclass 556 (Student (Restricted))
59. Subclass 560 (Student)
60. Subclass 561 (Student (Category B))
61. Subclass 562 (Iranian Postgraduate
Student)
62. Subclass 563 (Iranian Postgraduate Student
Dependant)
63. Subclass 570 (Independent ELICOS Sector)
64. Subclass 571 (Schools Sector)
65. Subclass
572 (Vocational Education and Training Sector)
66. Subclass 573 (Higher Education Sector)
67. Subclass 574 (Masters and Doctorate
Sector)
68. Subclass 575 (Non‑award
Foundation/Other Sector)
69. Subclass 576 (AusAID or Defence Sector)
70. Subclass 660 (Tourist)
71. Subclass 661 (Tourist (Special
Arrangement))
72. Subclass 662 (Business Visitor)
73. Subclass 663 (Close Family Visitor)
74. Subclass 664 (Visitor (Other))
75. Subclass 665 (Medical Treatment Visitor)
76. Subclass 670 (Tourist (Short Stay))
77. Subclass 672 (Business (Short Stay))
78. Subclass 673 (Close Family Visitor (Short
Stay))
79. Subclass 674 (Other Visitor (Short Stay))
80. Subclass 675 (Medical Treatment (Short
Stay))
81. Subclass 676 (Tourist (Short Stay))
82. Subclass 679 (Sponsored Family Visitor
(Short Stay))
83. Subclass 680 (Tourist (Long Stay))
84. Subclass 682 (Business Visitor (Long
Stay))
85. Subclass 683 (Close Family Visitor (Long
Stay))
86. Subclass 684 (Other Visitor (Long Stay))
87. Subclass 685 (Medical Treatment (Long
Stay))
88. Subclass 686 (Tourist (Long Stay))
89. Subclass
771 (Transit)
90. Subclass 773 (Border)
91. Subclass 780 (Refugee A)
92. Subclass 781 (Refugee B)
93. Subclass 783 (PRC (Temporary))
94. Subclass 784 (Domestic Protection)
95. Subclass 785 (Temporary Protection)
96. Subclass 786 (Temporary (Humanitarian
Concern))
97. Subclass 820 (Spouse)
98. Subclass 822 (Family (Extended
Eligibility))
99. Subclass 823 (Economic (Extended
Eligibility))
100. Subclass 824 (Other (Extended Eligibility))
101. Subclass 825 (Processing)
102. Subclass 826 (Interdependency)
103. Subclass 827 (Refugee D (Restricted))
104. Subclass 828 (Limited Extended Eligibility)
105. Subclass 829 (PRC (Extended Eligibility)
106. Subclass 850 (Resolution of Status
(Temporary))
107. Subclass 956 (Electronic Travel Authority
(Business Entrant — Long Validity))
108. Subclass 976 (Electronic Travel Authority
(Visitor))
109. Subclass 977 (Electronic Travel Authority
(Business Entrant — Short Validity))
110. Subclass 995 (Diplomatic (Temporary))
Part 2 Special purpose visas
1. Special purpose visa taken to have been
granted to a person declared by the Minister for Immigration and Multicultural
and Indigenous Affairs under subparagraph 33 (2) (b) (ii) of the
Migration Act 1958 on 8 October 2005.
Note The
Minister’s declaration relates to a person on behalf of whom an application for
the Melbourne 2006 Commonwealth Games accreditation has been received by the
Melbourne 2006 Commonwealth Games Corporation.
General Note Some
of the visas mentioned in this Schedule no longer exist. However, they remain
relevant for regulations 6.20A, 6.20B and 6.24A.
Schedule
2 Modifications of the OSS laws in
relation to preserved benefits in regulated superannuation funds
(subregulation 6.02 (2))
Part 1 Modifications of the Occupational Superannuation
Standards Act 1987
101. Section 7 (Operating standards for
superannuation funds)
101.1 After subsection 7 (3), insert:
‘(4) Despite any other provision of this Act,
superannuation funds must comply with the standards prescribed for the purposes
of this section.’.
Part 2 Modifications of the Occupational Superannuation Standards
Regulations
201. Regulation 3 (Interpretation)
201.1 Paragraph 3 (2) (a):
Omit the paragraph.
201A. Regulation 8 (Vesting standards)
201A.1 After subregulation 8 (1A), insert:
‘(1B) Paragraph (1A) (a) does not apply in relation to
contributions made in accordance with a prescribed agreement or award’
202. Regulation
9 (Preservation standards)
201.1A Subparagraph 9
(1) (a) (i):
Omit ‘subject to regulation
10,’.
202.1 Paragraph
9 (1) (b):
After ‘the fund’, insert ‘before
the commencement day’.
202.2 Paragraph
9 (1) (c):
Omit the paragraph, substitute:
‘(c) member‑financed benefits must be
preserved if they arise from contributions made by a member to a superannuation
fund during any period during which the member did not have employer support in
the fund, being a period that:
(i) commenced on or after 13 March
1989 (in the case of a private sector fund) or 1 July 1990 (in the case of a
public sector fund); and
(ii) ended before the commencement day;
‘(d) member‑financed benefits must be
preserved if they arise from contributions (other than undeducted
contributions) made to a superannuation fund in relation to the member on or
after the commencement day;
‘(e) benefits must be
preserved if they arise from payments from the Superannuation Holding Accounts
Special Account;
‘(f) benefits must be preserved if they arise
from eligible spouse contributions within the meaning of section 159TC of the
Tax Act;
‘(g) benefits must be preserved if they arise from
a capital gains tax exempt component rolled over to the fund because of
subsection 160ZZPZF (1), 160ZZPZH (7) or 160ZZPZI (5) of the Tax Act.’.
202.3 Subregulation 9 (3):
After ‘arising’, insert
‘before the commencement day,’.
202.4 Add
at the end:
‘(5) In paragraphs (1) (b), (c) and (d) and subregulation
(3):
commencement day has the same meaning as in
Part 6 of the Superannuation Industry (Supervision) Regulations.
undeducted contributions has the same meaning
as in Part 6 of the Superannuation Industry (Supervision) Regulations.’
202A. New regulation 10A
202A.1 After
regulation 10, insert:
10A. Preservation standard — interaction
of subparagraph 9 (1) (a) (i) and regulation 10
‘Where, apart from this regulations, a fund must preserve, in
respect of a member:
(a) the amount of benefits in compliance with
subparagraph 9 (1) (a) (i); and
(b) an amount of benefits in compliance with
regulation 10;
it is sufficient compliance with those provisions if the fund
preserves the greater of those amounts.’.
203. Regulation 11 (Preservation and
portability standards)
203.1 Omit the regulation.
204. Regulation 12 (Preservation standards not
to apply in certain cases)
204.1 Omit the regulation.
Schedule
3 Prescribed form of advertisement of
scheme for winding‑up or dissolution
(regulation 13.20)
Scheme for [insert ‘Winding‑up’, ‘Dissolution’ or both]
of [insert
name of superannuation entity]
Acting under
subsection 142 (1) of the Superannuation Industry (Supervision) Act 1993,
[insert name of Regulator] has formulated a scheme for the [insert ‘Winding‑up’,
‘Dissolution’ or both] of [insert name of superannuation
entity].
Summary
of scheme:
[Set out a summary of the scheme].
The trustee of [insert
name of superannuation entity] has been notified in writing of the scheme.
Any person whose
interests are affected by the scheme may obtain a copy of the scheme from the
offices of [insert name of Regulator] listed below.
[Insert details of the Regulator’s offices].
Schedule
4 Approved bodies
(subregulation
13.15A (2), definition of approved body)
|
Item
|
Body
|
|
1
|
ASX Futures Pty Limited
|
|
2
|
Australian Stock Exchange Limited
|
|
3
|
Options Clearing House Pty Ltd
|
|
4
|
SFE Corporation Limited
|
|
5
|
SFE Clearing Corporation Pty Ltd
|
|
6
|
Sydney Futures Exchange Limited
|
|
7
|
American Stock Exchange Inc
|
|
8
|
The Amsterdam Stock Exchange
|
|
9
|
Belgium Futures and Options Exchange (BELFOX)
|
|
10
|
Board of Trade of the City of Chicago (CBOT)
|
|
11
|
Board of Trade of Kansas City, Missouri, Inc. (KCBT)
|
|
12
|
Bolsa de Derivados do Porto (The Portuguese Futures and
Options Exchange) (BDP)
|
|
13
|
Bolsa de Mercadorias & Futuros (Commodities &
Futures Exchange, Brazil) (BM & F)
|
|
14
|
Cantor Financial Futures Exchange (CFFE)
|
|
15
|
Chicago Mercantile Exchange (CME)
|
|
16
|
Coffee, Sugar and Cocoa Exchange, Inc. (CSCE)
|
|
17
|
Commodity Exchange Inc. (COMEX)
|
|
18
|
Copenhagen Stock Exchange (including FUTOP Clearing Centre
(FUTOP))
|
|
19
|
Eurex Deutschland
|
|
20
|
Eurex Zurich
|
|
21
|
European Options Exchange (EOE)
|
|
22
|
Financial Futures Exchange Barcelona (MEFF‑RF)
|
|
23
|
Financial Futures Exchange
Madrid (MEFF‑RV)
|
|
24
|
Financiele Termijnmarkt Amsterdam N.V. (Financial Futures
Market Amsterdam) (FTA)
|
|
25
|
Frankfurt Stock Exchange
|
|
26
|
Helsinki Securities and Derivatives Exchange, Clearing
House Limited
|
|
27
|
Hong Kong Futures Exchange Ltd (HKFE)
|
|
28
|
The International Petroleum Exchange of London Ltd. (IPE)
|
|
29
|
The International Stock Exchange of the United Kingdom and
the Republic of Ireland Limited
|
|
30
|
Italian Futures Exchange (MIF)
|
|
31
|
Italian Stock Exchange
|
|
32
|
Korea Futures Exchange (KOFEX)
|
|
33
|
Korea Stock Exchange (KSE)
|
|
34
|
Kuala Lumpur Commodity Exchange (KLCE)
|
|
35
|
Kuala Lumpur Options and Financial Futures Exchange
(KLOFFE)
|
|
36
|
The London International Financial Futures Exchange Ltd.
(LIFFE)
|
|
37
|
The London Securities and Derivatives Exchange Limited
(OMLX)
|
|
38
|
Malaysia Monetary Exchange (MME)
|
|
39
|
Marché à Terme International de France (The French
International Futures Market) (MATIF)
|
|
40
|
Marché des Options Négociables de Paris (Paris Traded
Options Market) (MONEP)
|
|
41
|
Mercados de Futuros Financieros, SA (Spanish Financial
Futures Market) (MEFFSA)
|
|
42
|
The Metal Market and
Exchange Company Ltd. (London Metal Exchange) (LME)
|
|
43
|
Mid America Commodity Exchange (MIDAM)
|
|
44
|
Milan Stock Exchange
|
|
45
|
Minneapolis Grain Exchange (MGE)
|
|
46
|
The Montreal Exchange (ME)
|
|
47
|
NASDAQ National Market
|
|
48
|
New York Cotton Exchange (NCE)
|
|
49
|
New York Futures Exchange, Inc. (NYFE)
|
|
50
|
New York Mercantile Exchange (NYMEX)
|
|
51
|
New York Stock Exchange Inc
|
|
52
|
New Zealand Futures & Options Exchange Ltd. (NZFOE)
|
|
53
|
New Zealand Stock Exchange
|
|
54
|
OM Stockholm AB (OMS)
|
|
55
|
Osaka Securities Exchange (OSE)
|
|
56
|
Oslo Stock Exchange (OSLO)
|
|
57
|
Paris Bourse
|
|
58
|
Philadelphia Stock Exchange (PHLX)
|
|
59
|
Philadelphia Board of Trade (PBOT)
|
|
60
|
Singapore Commodity Exchange Limited (SICOM)
|
|
61
|
Singapore Exchange (SGX)
|
|
62
|
South African Futures Exchange (SAFEX)
|
|
63
|
The Stock Exchange of Hong Kong Limited
|
|
64
|
Tokyo Commodity Exchange for Industry (TOCOM)
|
|
65
|
Tokyo Grain Exchange (TGE)
|
|
66
|
Tokyo International Futures Exchange (TIFFE)
|
|
67
|
Tokyo Stock Exchange (TSE)
|
|
68
|
The Toronto Futures Exchange (TFE)
|
|
69
|
Toronto Stock Exchange
|
|
70
|
The Winnipeg Commodity Exchange (WCE)
|
|
71
|
Wiener Börse AG
|
|
72
|
Zurich Stock Exchange
|
|
73
|
A body that performs
clearing house functions in relation to a body mentioned in items 5 to 59 (the
second body) in accordance with the rules of the second body or a law
of the country where the second body is situated.
|
Schedule
6 Payments for market linked income
streams
(subregulations 1.05
(10) and 1.06 (8))
1. Subject to the following clauses, the
total amount of the payments mentioned in paragraph 1.05 (10) (b) or
1.06 (8) (b) is determined using the formula:
where:
AB means the amount of the market linked
annuity account balance, or market linked pension account balance, as the case
requires:
(a) on 1 July in the financial year in which the
payment is made; or
(b) if that year is the year in which the market
linked annuity or pension commences — on the commencement day.
PF means the payment factor set out in Column
3 in the Table in relation to the item in the Table that represents the term of
the market linked annuity or pension remaining, expressed in whole years in
accordance with clause 5, on:
(a) 1 July in the financial year in which the
payment is made; or
(b) if that is the year in which the annuity or
pension commences — the commencement day.
2. Payment of the account balance is
sufficient to meet the payment for the financial year if, during the year, the
account balance becomes less than the lesser of the following amounts:
(a) the amount determined under clause 1;
(b) the balance of the amount determined under
clause 1 that remains to be paid for the year.
3. If, in the final year of the annuity or
pension, after payment of the amount determined under clause 1, there is a
residual balance in the account — payment of the account balance must be
made within 28 days after:
(a) the end of the term of the annuity or
pension; or
(b) if a period is chosen under clause 7 —
the end of that period.
4. An amount determined under the formula in
clause 1 is rounded to the nearest 10 whole dollars.
5. For clause 1, the remaining term of a
market linked annuity or pension is rounded as follows:
(a) if the commencement day of the market linked
annuity or pension is on or after 1 January in a financial year — rounded
up to the nearest whole year;
(b) if the commencement day of the market linked
annuity or pension is on or before 31 December in a financial year —
rounded down to the nearest whole year.
6. If the commencement day of the pension or
annuity is a day other than 1 July — the appropriate factor set out in
Column 3 of the Table must be applied proportionally to the number of days in
the financial year that include and follow the commencement day in that
financial year.
7. If, on 1 July in a financial year (current
year):
(a) the payment factor that applies to an
account balance for a market linked annuity or pension is 1.00; and
(b) the payment factor that applied on 1 July in
the previous financial year was not 1.00;
payments made in respect of the current year and the period after
(if any) are taken to be determined in accordance with clause 1 if they comply
with the following conditions:
(c) payment of the account balance over one of
the following periods:
(i) if the remaining term of the
annuity or pension is greater than 12 months — that period;
(ii) 12 months;
(d) if payments are made in accordance with
paragraph (c) — the provider has no obligation to make any other payment
that, but for this clause, would have been determined on 1 July in the
subsequent financial year.
8. An
amount is taken to have been determined in accordance with clause 1 of this
Schedule if the amount is:
(a) not less than the amount determined in
accordance with clause 1 of this Schedule, less 10 per cent of that amount; and
(b) not greater than the amount determined in
accordance with clause 1 of this Schedule, plus 10 per cent of that amount.
|
Item
|
Term of annuity or pension remaining rounded in whole
years
|
Payment Factor
|
|
1
|
70 or more
|
26.00
|
|
2
|
69
|
25.91
|
|
3
|
68
|
25.82
|
|
4
|
67
|
25.72
|
|
5
|
66
|
25.62
|
|
6
|
65
|
25.52
|
|
7
|
64
|
25.41
|
|
8
|
63
|
25.30
|
|
9
|
62
|
25.19
|
|
10
|
61
|
25.07
|
|
11
|
60
|
24.94
|
|
12
|
59
|
24.82
|
|
13
|
58
|
24.69
|
|
14
|
57
|
24.55
|
|
15
|
56
|
24.41
|
|
16
|
55
|
24.26
|
|
17
|
54
|
24.11
|
|
18
|
53
|
23.96
|
|
19
|
52
|
23.80
|
|
20
|
51
|
23.63
|
|
21
|
50
|
23.46
|
|
22
|
49
|
23.28
|
|
23
|
48
|
23.09
|
|
24
|
47
|
22.90
|
|
25
|
46
|
22.70
|
|
26
|
45
|
22.50
|
|
27
|
44
|
22.28
|
|
28
|
43
|
22.06
|
|
29
|
42
|
21.83
|
|
30
|
41
|
21.60
|
|
31
|
40
|
21.36
|
|
32
|
39
|
21.10
|
|
33
|
38
|
20.84
|
|
34
|
37
|
20.57
|
|
35
|
36
|
20.29
|
|
36
|
35
|
20.00
|
|
37
|
34
|
19.70
|
|
38
|
33
|
19.39
|
|
39
|
32
|
19.07
|
|
40
|
31
|
18.74
|
|
41
|
30
|
18.39
|
|
42
|
29
|
18.04
|
|
43
|
28
|
17.67
|
|
44
|
27
|
17.29
|
|
45
|
26
|
16.89
|
|
46
|
25
|
16.48
|
|
47
|
24
|
16.06
|
|
48
|
23
|
15.62
|
|
49
|
22
|
15.17
|
|
50
|
21
|
14.70
|
|
51
|
20
|
14.21
|
|
52
|
19
|
13.71
|
|
Item
|
Term of annuity or pension remaining rounded in whole
years
|
Payment Factor
|
|
53
|
18
|
13.19
|
|
54
|
17
|
12.65
|
|
55
|
16
|
12.09
|
|
56
|
15
|
11.52
|
|
57
|
14
|
10.92
|
|
58
|
13
|
10.30
|
|
59
|
12
|
9.66
|
|
60
|
11
|
9.00
|
|
61
|
10
|
8.32
|
|
62
|
9
|
7.61
|
|
63
|
8
|
6.87
|
|
64
|
7
|
6.11
|
|
65
|
6
|
5.33
|
|
66
|
5
|
4.52
|
|
67
|
4
|
3.67
|
|
68
|
3
|
2.80
|
|
69
|
2
|
1.90
|
|
70
|
1 or less
|
1.00
|
Schedule
7 Minimum
payment amount for a superannuation income stream
(paragraph 1.05 (11A) (a),
subparagraph 1.05 (11A) (b) (i), paragraph 1.06 (9A) (a),
subparagraph 1.06 (9A) (b) (i) and regulation 1.07D)
1 (1) Subject to
clauses 3 and 4, the amount of payments mentioned in paragraph 1.05 (11A) (a)
or 1.06 (9A) (a) is the amount worked out using the formula:
(2) In
subclause (1):
account balance
means:
(a) the amount of the annuity or pension
account balance:
(i) on 1
July in the financial year in which the payment is made; or
(ii) if that
year is the year in which the annuity or pension payments commence — on
the commencement day; or
(b) if the amount of
the annuity or pension account balance under paragraph (a) is less than the
withdrawal benefit to which the beneficiary would be entitled if the annuity or
pension were to be fully commuted — the amount of the withdrawal benefit.
percentage factor
means the percentage factor specified in the item in the table that applies to
the beneficiary because of the beneficiary’s age on:
(a) 1 July in the
financial year in which the payment is made; or
(b) if that is the year
in which the annuity or pension payments commence — the commencement day.
2 (1) The
amount of payments mentioned in
(a) subparagraph 1.05 (11A) (b) (i)
and sub‑subparagraph 1.05 (11A) (b) (ii) (D); and
(b) subparagraph 1.06 (9A) (b) (i)
and sub‑subparagraph 1.06 (9A) (b) (ii) (C);
is the amount worked out using the formula:
(2) In
subclause (1):
purchase price means the total amount paid as consideration to purchase
the income stream.
percentage factor
means the percentage factor specified in the item in the table that applies to
the beneficiary because of the beneficiary’s age on:
(a) the commencement
day; or
(b) the anniversary of
the commencement day.
3 For
the determination of the minimum total payment in the year in which the
commencement day of the annuity or pension occurs, if that day is a day other
than 1 July, the applicable value specified in column 3 of the table must be
applied proportionally to the number of days in the financial year that include
and follow the commencement day.
4 If
the commencement day of the annuity or pension is on or after 1 June in a
financial year, no payment is required to be made for that financial year.
5 An amount
determined under this Schedule is to be rounded to the nearest 10 whole
dollars. If the amount ends in an exact 5 dollars, it is to be rounded up
to the next 10 whole dollars.
Table
|
Item
|
Age of Beneficiary
|
Percentage factor
|
|
1
|
Under 65
|
4
|
|
2
|
65 – 74
|
5
|
|
3
|
75 – 79
|
6
|
|
4
|
80 – 84
|
7
|
|
5
|
85 – 89
|
9
|
|
6
|
90 – 94
|
11
|
|
7
|
95 or more
|
14
|
|
|
|
|
Notes
to the Superannuation Industry
(Supervision) Regulations 1994
Note 1
The Superannuation Industry (Supervision) Regulations 1994
(in force under the Superannuation Industry (Supervision) Act 1993) as
shown in this compilation comprise Statutory Rules 1994 No. 57 amended as
indicated in the Tables below.
The Superannuation Industry (Supervision) Regulations 1994
were amended by the Taxation Laws Amendment Act (No. 2) 1995 (Act No. 169,
1995). The amendments are incorporated in this compilation. For application,
saving or transitional provisions relating to the amendments see
Schedule 7 (item 3) of the abovementioned Act.
The Superannuation Industry (Supervision) Regulations 1994
were modified by Modification Declaration Nos. 10, 23, 24 and 26. The
modifications are not incorporated in this compilation. For the text of the
modifications, see Table B.
On 6 September 2005, Modification Declaration Nos. 4, 7, 11,
14, 18 and 21 were revoked by the Revocation of Modification Declarations
(see F2005L02475).
The Superannuation Industry (Supervision) Regulations 1994
were modified by Modification Declaration No. 2 of 2006 (see
F2006L02132) and No. 3 of 2006 (see F2006L02152). The modifications are
not incorporated in this compilation. For the text of the modifications, see
Table B.
For all relevant information pertaining to application,
saving or transitional provisions see Table A.
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. From 1 January 2005 the Statutory Rules series ceased to
exist and was replaced with Select Legislative Instruments (SLI series).
Numbering conventions remain the same, ie Year and Number.
Table of Instruments
|
Year and
number
|
Date of notification
in Gazette or FRLI registration
|
Date of
commencement
|
Application, saving or
transitional provisions
|
|
1994 No. 57
|
11 Mar 1994
|
Div. 2.2 (rr. 2.08–2.11), Subdiv. 2.8.2 (rr. 2.52,
2.53), rr. 3.10–3.12, Div. 6.5 (r. 6.30), Parts 9 and 10 (rr.
9.01–10.06),
r. 11.08 and Part 12
(rr. 12.01–12.20): 1 July 1994
Remainder: 11 Mar 1994
|
|
|
1994 No. 189
|
16 June 1994
|
R. 4: 1 July 1994
Remainder: 16 June 1994
|
—
|
|
1994 No. 432
|
23 Dec 1994
|
23 Dec 1994
|
—
|
|
1995 No. 47
|
23 Mar 1995
|
23 Mar 1995
|
—
|
|
1995 No. 64
|
5 Apr 1995
|
Rr. 8, 18, 20, 21 and 23: 1 July 1995
Remainder: 5 Apr 1995
|
—
|
|
1995 No. 142
|
15 June 1995
|
1 July 1995
|
—
|
|
1995 No. 158
|
29 June 1995
|
1 July 1995
|
—
|
|
1995 No. 159
|
29 June 1995
|
Rr. 22 and 25: 29 June 1995
Remainder: 1 July 1995
|
—
|
|
1995 No. 240
|
11 Aug 1995
|
11 Aug 1995
|
—
|
|
1995 No. 293
|
10 Oct 1995
|
10 Oct 1995
|
R. 3
|
|
1995 No. 384
|
6 Dec 1995
|
R. 5: 1 July 1996
Remainder: 6 Dec 1995
|
—
|
|
1995 No. 430
|
22 Dec 1995
|
Rr. 4 and 5: 9 Jan 1996 (see r. 1)
Remainder: 22 Dec 1995
|
—
|
|
1996 No. 44
|
17 Apr 1996
|
17 Apr 1996
|
—
|
|
1996 No. 57
|
15 May 1996
|
15 May 1996
|
—
|
|
1996 No. 122
|
28 June 1996
|
28 June 1996
|
—
|
|
1996 No. 344
|
24 Dec 1996
|
30 Dec 1996
|
Rr. 13 and 14
|
|
1997 No. 69
|
26 Mar 1997
|
26 Mar 1997
|
—
|
|
1997 No. 117
|
29 May 1997
|
Rr. 9.5, 10.5 and 15.1: 1 Oct 1997
Remainder: 1 July 1997
|
R. 57
|
|
1997 No. 152
|
26 June 1997
|
1 July 1997
|
R. 6
|
|
1997 No. 153
|
26 June 1997
|
1 July 1997
|
R. 5
|
|
1997 No. 221
|
27 Aug 1997
|
27 Aug 1997
|
—
|
|
1997 No. 243
|
10 Sept 1997
|
10 Sept 1997
|
—
|
|
1997 No. 293
|
16 Oct 1997
|
16 Oct 1997
|
—
|
|
1997 No. 309
|
5 Nov 1997
|
5 Nov 1997
|
—
|
|
1997 No. 343
|
9 Dec 1997
|
9 Dec 1997
|
R. 5
|
|
1997 No. 415
|
24 Dec 1997
|
24 Dec 1997
|
R. 3
|
|
1998 No. 76
|
5 May 1998
|
5 May 1998
|
—
|
|
1998 No. 83
|
5 May 1998
|
R. 15: 1 Nov 1998
Remainder: 5 May 1998
|
—
|
|
1998 No. 108
|
27 May 1998
|
27 May 1998
|
—
|
|
1998 No. 175
|
30 June 1998
|
30 June 1998
|
—
|
|
1998 No. 177
|
30 June 1998
|
R. 4: 1 July 1998
Remainder: 1 Jan 1998
|
—
|
|
1998 No. 193
|
30 June 1998
|
1 July 1998
|
—
|
|
1998 No. 240
|
22 July 1998
|
22 July 1998
|
—
|
|
1998 No. 312
|
19 Nov 1998
|
19 Nov 1998
|
R. 4
|
|
1999 No. 14
|
11 Feb 1999
|
11 Feb 1999
|
—
|
|
1999 No. 31
|
2 Mar 1999
|
2 Mar 1999
|
—
|
|
1999 No. 115
|
17 June 1999
|
Schedule 2: 28 June 1999 (see r. 2 (2))
Schedule 3: 1 July 1999
Remainder: 17 June 1999
|
—
|
|
1999 No. 239
|
20 Oct 1999
|
Schedule 2: 1 Nov 1999
Schedule 3: 1 July 2000
Remainder: 20 Oct 1999
|
R. 4
|
|
1999 No. 317
|
15 Dec 1999
|
15 Dec 1999
|
—
|
|
1999 No. 356
|
22 Dec 1999
|
22 Dec 1999
|
—
|
|
2000 No. 119
|
15 June 2000
|
15 June 2000
|
—
|
|
2000 No. 151
|
28 June 2000
|
28 June 2000
|
—
|
|
2000 No. 185
|
12 July 2000
|
12 July 2000
|
R. 4
|
|
2000 No. 280
|
18 Oct 2000
|
1 July 2000
|
—
|
|
2000 No. 281
|
18 Oct 2000
|
Rr. 1–3: 18 Oct 2000
Remainder: 1 July 1999
|
—
|
|
2001 No. 37
|
1 Mar 2001
|
1 Mar 2001
|
—
|
|
2001 No. 352
|
21 Dec 2001
|
21 Dec 2001
|
R. 4
|
|
2001 No. 353
|
21 Dec 2001
|
28 Dec 2002
|
—
|
|
2002 No. 21
|
21 Feb 2002
|
11 Mar 2002 (see r. 2 and Gazette
2001, No. GN42)
|
—
|
|
2002 No. 91
|
9 May 2002
|
1 July 2002
|
—
|
|
2002 No. 150
|
27 June 2002
|
1 July 2002
|
—
|
|
2002 No. 171
|
3 July 2002
|
3 July 2002
|
—
|
|
2002 No. 200
|
29 Aug 2002
|
29 Aug 2002
|
—
|
|
2002 No. 353
|
20 Dec 2002
|
28 Dec 2002 (see r. 2)
|
—
|
|
2003 No. 42
|
27 Mar 2003
|
27 Mar 2003
|
—
|
|
2003 No. 170
|
2 July 2003
|
2 July 2003
|
—
|
|
2003 No. 171
|
2 July 2003
|
1 Oct 2003
|
R. 4
|
|
2003 No. 196
|
31 July 2003
|
(a)
|
—
|
|
2003 No. 251
|
10 Oct 2003
|
1 July 2004
|
—
|
|
2004 No. 12
|
20 Feb 2004
|
20 Feb 2004
|
—
|
|
2004 No. 84
|
12 May 2004
|
12 May 2004
|
—
|
|
2004 No. 113
|
3 June 2004
|
Rr. 1–3 and Schedule 1: 1 July 2004
Remainder: 1 July 2006
|
—
|
|
2004 No. 148
|
25 June 2004
|
Rr. 1–3 and Schedule 1: 1 July 2004
Schedule 2: 1 Sept 2004
Remainder: 20 Sept 2004
|
—
|
|
2004 No. 152
|
25 June 2004
|
25 June 2004
|
—
|
|
2004 No. 153
|
25 June 2004
|
Rr. 1–3 and Schedule 1: 25 June 2004
Remainder: 1 July 2004
|
—
|
|
2004 No. 154
|
25 June 2004
|
1 July 2004
|
—
|
|
2004 No. 155
|
25 June 2004
|
25 June 2004
|
—
|
|
2004 No. 249
|
12 Aug 2004
|
20 Sept 2004
|
—
|
|
2004 No. 349
|
8 Dec 2004
|
1 July 2004
|
—
|
|
2004 No. 404
|
23 Dec 2004
|
Rr. 1–3 and Schedule 1: 1 Oct 2003
Remainder: 20 Sept 2004
|
—
|
|
2005 No. 34
|
14 Mar 2005 (see F2005L00635)
|
1 July 2005
|
—
|
|
2005 No. 56
|
4 Apr 2005 (see F2005L00729)
|
1 July 2005
|
—
|
|
2005 No. 142
|
16 June 2005 (see F2005L01457)
|
1 July 2005
|
—
|
|
2005 No. 143
|
17 June 2005 (see F2005L01452)
|
18 June 2005
|
—
|
|
2005 No. 218
|
7 Oct 2005 (see F2005L02918)
|
Rr. 1–3 and Schedule 1 [items 33–38]: 8 Oct 2005
|
—
|
|
2005 No. 261
|
14 Nov 2005 (see
F2005L03446)
|
15 Nov 2005
|
—
|
|
2005 No. 332
|
20 Dec 2005 (see F2005L03987)
|
Rr. 1–3 and Schedule 1: 21 Dec 2005
Remainder: 1 July 2006
|
—
|
|
2005 No. 333
|
20 Dec 2005 (see F2005L04028)
|
Rr. 1–3 and Schedule 1: 21 Dec 2005
Remainder: 1 Jan 2006
|
—
|
|
2005 No. 334
|
20 Dec 2005 (see F2005L04025)
|
Rr. 1–3 and Schedule 1: 21 Dec 2005
Remainder: 1 Jan 2006
|
—
|
|
2005 No. 335
|
20 Dec 2005 (see F2005L04047)
|
21 Dec 2005
|
R. 4
|
|
2006 No. 189
|
17 July 2006 (see F2006L02318)
|
18 July 2006
|
—
|
|
2007 No. 74
|
2 Apr 2007 (see
F2007L00820)
|
Rr. 1–3 and Schedule 1:
3 Apr 2007
R. 4 and Schedule 2:
5 Apr 2007
Remainder: 1 July 2007
|
—
|
|
2007 No. 105
|
27 Apr 2007 (see F2007L01127)
|
1 July 2007
|
—
|
|
2007 No. 204
|
29 June 2007 (see F2007L01891)
|
1 July 2007
|
—
|
|
2007 No. 331
|
28 Sept 2007 (see F2007L03806)
|
29 Sept 2007
|
—
|
|
2007 No. 343
|
8 Oct 2007 (see F2007L03906)
|
Rr. 1–3 and Schedule 1:
24 Sept 2007 (see r. 2 (a))
Schedule 2: 25 Sept 2008 (see r. 2 (b))
|
—
|
|
as
amended by
|
|
|
|
|
2008 No. 133
|
25 June 2008 (see F2008L02174)
|
4 Oct 2007
|
—
|
|
2008 No. 9
|
15 Feb 2008 (see F2008L00373)
|
16 Feb 2008
|
—
|
|
2008 No. 134
|
25 June 2008 (see F2008L02173)
|
4 Oct 2007
|
R. 2 (2)
[see Table A]
|
|
2008 No. 171
|
8 Aug 2008 (see F2008L02956)
|
9 Aug 2008
|
—
|
|
2008 No. 282
|
17 Dec 2008 (see F2008L04665)
|
Rr. 1–3 and Schedule 1:
18 Dec 2008 (see r. 2 (a) and F2008L04636)
R. 4 and Schedule 2:
(see r. 2 (b) and Note 2)
R. 5 and Schedule 3:
(see r. 2 (c) and Note 3)
|
—
|
(a) The Superannuation Industry (Supervision)
Amendment Regulations 2003 (No. 4) was to commence on 1 July 2004
but was disallowed by the Senate on 18 September 2003.
Table of
Amendments
|
ad. = added or inserted am. = amended rep. = repealed
rs. = repealed and substituted
|
|
|
Provision affected
|
How affected
|
|
Part 1
|
|
|
R. 1.01....................................
|
rs. 1998 No. 312
|
|
R. 1.03....................................
|
am. 1994 No. 189; 1995 Nos. 64, 159 and 384; 1996
No. 344; 1997 Nos. 117, 293 and 309; 1998 Nos. 83, 193 and 312;
1999 Nos. 14 and 239; 2000 No. 280; 2001 No. 353; 2002 Nos. 150 and 353; ;
2003 No. 251; 2004 Nos. 12, 148, 153 and 249; 2005 Nos. 218 and 334;
2007 Nos. 74 and 343; 2008 No. 171
|
|
R. 1.03A..................................
|
ad. 1995 No. 64
|
|
|
am. 1995 No. 159; 1997 No. 117; 1999 Nos. 14 and
239;
2007 No. 74
|
|
Note to r. 1.03A (3)................
|
am. 1999 Nos. 14 and 317
|
|
|
rs. 2002 No. 200
|
|
R. 1.03AA................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2003 No. 251
|
|
R. 1.03AB...............................
|
ad. 2002 No. 353
|
|
R. 1.03B..................................
|
ad. 2003 No. 251
|
|
R. 1.04....................................
|
am. 1994 No. 432; 1995 Nos.
240 and 430; 1996 Nos. 122 and 344; 1997 No. 117; 1998 Nos. 83 and 193;
1999 No. 239; 2000 Nos. 185 and 280; 2001 No. 352; 2007 Nos. 74 and
343
|
|
Note 1 to r. 1.04 (5)...............
|
ad. 2000 No. 280
|
|
Note 2 to r. 1.04 (5)...............
|
ad. 2000 No. 280
|
|
Notes to r. 1.04 (8)................
|
rep. 2000 No. 280
|
|
R. 1.04AAAA...........................
|
ad. 2005 No. 261
|
|
R. 1.04AAA.............................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 Nos. 113 and 153; 2005 No.
332
|
|
R. 1.04A..................................
|
ad. 1999 No. 239
|
|
R. 1.04AA................................
|
ad. 1999 No. 356
|
|
|
am. 2000 No. 119
|
|
Part 1A
|
|
|
Part 1A....................................
|
ad. 1994 No. 189
|
|
Division 1A.1
|
|
|
R. 1.05....................................
|
ad. 1994 No. 189
|
|
|
am. 1997 No. 309; 1998 Nos. 193 and 312; 2002 No.
150; 2003 No. 171; 2004 Nos. 148, 249 and 404; 2005 Nos. 332 and 333;
2007 Nos. 74, 105 and 204; 2008 No. 282
|
|
R. 1.06....................................
|
ad. 1994 No. 189
|
|
|
am. 1997 No. 309; 1998 Nos. 193 and 312; 1999
No. 239; 2001 No. 353; 2002 Nos. 150 and 353; 2003 No. 171; 2004 Nos.
148, 249 and 404; 2005 No. 333; 2007 No. 74; 2007 Nos. 74, 105 and 204; 2008
No. 282
|
|
R. 1.07....................................
|
ad. 1994 No. 189
|
|
R. 1.07A..................................
|
ad. 2003 No. 171
|
|
|
am. 2004 No. 404; 2005 No. 333;
2007 Nos. 74 and 105
|
|
R. 1.07B..................................
|
ad. 2003 No. 171
|
|
|
am. 2007 No. 74
|
|
R. 1.07C.................................
|
ad. 2004 No. 148
|
|
|
am. 2004 No. 404; 2007 No. 74
|
|
R. 1.07D.................................
|
ad. 2007 No. 74
|
|
Division 1A.2
|
|
|
R. 1.08....................................
|
ad. 1994 No. 189
|
|
|
am. 1997 No. 309; 1998 No. 193; 1999 No. 239;
2002 No. 353; 2007 No. 74
|
|
Part 2
|
|
|
Heading to Part 2..................
|
rs. 2002 No. 21
|
|
Division 2.1
|
|
|
R. 2.01....................................
|
am. 1997 Nos. 117 and 309;
1998 No. 193; 1999 Nos. 115 and 239; 2002 No. 21
|
|
R. 2.03....................................
|
am. 1994 No. 189; 2002 No. 21
|
|
R. 2.04....................................
|
am. 1999 No. 14; 2002 Nos. 21 and 171
|
|
R. 2.05....................................
|
am. 1995 Nos. 64 and 384; 1997 No. 117; 1999 No. 14;
2001 No. 353
|
|
|
rep. 2002 No. 21
|
|
|
ad. 2002 No. 171
|
|
|
am. 2002 No. 353
|
|
Rr. 2.06, 2.07.........................
|
rep. 2002 No. 21
|
|
Division 2.2............................
|
rep. 2002 No. 21
|
|
R. 2.08....................................
|
rs. 1995 No. 159
|
|
|
am. 1997 No. 117; 1998 No. 83
|
|
|
rep. 2002 No. 21
|
|
Notes to r. 2.08......................
|
am. 1995 No. 159
|
|
|
rep. 2002 No. 21
|
|
Note 2 to r. 2.08.....................
|
rs. 1998 No. 83
|
|
|
rep. 2002 No. 21
|
|
Note 4 to r. 2.08.....................
|
rs. 1997 No. 117
|
|
|
rep. 2002 No. 21
|
|
R. 2.09....................................
|
am. 1995 No. 159
|
|
|
rep. 2002 No. 21
|
|
R. 2.10....................................
|
am. 1995 No. 159; 1997 No. 117; 1999 No. 239
|
|
|
rep. 2002 No. 21
|
|
R. 2.11....................................
|
am. 1995 No. 159; 1999 No. 239
|
|
|
rep. 2002 No. 21
|
|
Heading to r. 2.11A...............
|
am. 1997 No. 117
|
|
|
rep. 2002 No. 21
|
|
R. 2.11A..................................
|
ad. 1995 No. 159
|
|
|
am. 1997 No. 117;
1999 No. 14
|
|
|
rep. 2002 No. 21
|
|
Div. 2.3 of Part 2....................
|
rep. 2002 No. 21
|
|
R. 2.12....................................
|
am. 1995 No. 159; 1997 No. 117; 1999 No. 14
|
|
|
rep. 2002 No. 21
|
|
R. 2.13....................................
|
am. 1995 No. 64
|
|
|
rep. 2002 No. 21
|
|
R. 2.14....................................
|
am. 1995 No. 64; 1999 No. 14
|
|
|
rep. 2002 No. 21
|
|
R. 2.14A..................................
|
ad. 1997 No. 117
|
|
|
rep. 2002 No. 21
|
|
R. 2.15....................................
|
rep. 2002 No. 21
|
|
R. 2.16....................................
|
am. 1995 No. 159; 1997
No. 117; 1999 No. 239
|
|
|
rep. 2002 No. 21
|
|
R. 2.16A..................................
|
ad. 1997 No. 117
|
|
|
rep. 2002 No. 21
|
|
Division 2.4
|
|
|
Subdivision 2.4.1
|
|
|
R. 2.17....................................
|
am. 2002 Nos. 21 and 171
|
|
R. 2.18....................................
|
am. 1995 No. 159; 1999 No. 239; 2002 No. 21
|
|
R. 2.19....................................
|
am. 1998 No. 193
|
|
|
rep. 2002 No. 21
|
|
Rr. 2.20, 2.21.........................
|
rep. 2002 No. 21
|
|
Subdiv. 2.4.2 of Div. 2.4.......
|
rep. 2002 No. 21
|
|
R. 2.22....................................
|
am. 1997 No. 117
|
|
|
rep. 2002 No. 21
|
|
R. 2.23....................................
|
am. 1995 Nos. 158 and 159; 1997 No. 117; 1999 No. 239
|
|
|
rep. 2002 No. 21
|
|
R. 2.24....................................
|
am. 1997 Nos. 117 and 309; 1999 No. 239
|
|
|
rep. 2002 No. 21
|
|
Rr. 2.24A, 2.24B....................
|
ad. 1997 No. 117
|
|
|
rep. 2002 No. 21
|
|
R. 2.24C.................................
|
ad. 1999 No. 115
|
|
|
rep. 2002 No. 21
|
|
R. 2.25....................................
|
am. 1997 No. 309
|
|
|
rep. 2002 No. 21
|
|
R. 2.26....................................
|
rep. 2002 No. 21
|
|
R. 2.26A..................................
|
ad. 1995 No. 64
|
|
|
am. 1997 No. 309
|
|
|
rep. 2002 No. 21
|
|
R. 2.26B..................................
|
ad. 1995 No. 64
|
|
|
am. 1995 No. 159
|
|
|
rep. 2002 No. 21
|
|
Subdivision 2.4.3
|
|
|
Heading to Subdiv. 2.4.3.....
|
rs. 2002 No. 21
|
|
R. 2.27....................................
|
rep. 2002 No. 21
|
|
R. 2.28....................................
|
am. 1997 No. 117
|
|
|
rep. 2002 No. 21
|
|
R. 2.29....................................
|
am. 1995 Nos. 158 and
293; 1997 No. 309; 1998 Nos. 83 and 193
|
|
|
rs. 2002 No. 21
|
|
Division 2.5
|
|
|
Div. 2.5 of Part 2....................
|
rep. 2002 No. 21
|
|
|
ad. 2002 No. 171
|
|
Heading to r. 2.30.................
|
rs. 1999 No. 239
|
|
|
rep. 2002 No. 21
|
|
|
ad. 2002 No. 171
|
|
R. 2.30....................................
|
am. 1997 No. 309; 1999
No. 239
|
|
|
rep. 2002 No. 21
|
|
|
ad. 2002 No. 171
|
|
R. 2.31....................................
|
rs. 1998 No. 108
|
|
|
rep. 2002 No. 21
|
|
|
ad. 2002 No. 171
|
|
R. 2.32....................................
|
am. 1995 No. 159
|
|
|
rep. 2002 No. 21
|
|
|
ad. 2002 No. 171
|
|
R. 2.33....................................
|
am. 1995 No. 158
|
|
|
rep. 2002 No. 21
|
|
|
ad. 2002 No. 171
|
|
Rr. 2.34, 2.35.........................
|
rep. 2002 No. 21
|
|
R. 2.36....................................
|
am. 1995 No. 158; 1997 No. 117; 1998 No. 193; 1999
Nos. 14 and 239
|
|
|
rep. 2002 No. 21
|
|
R. 2.36A..................................
|
ad. 1995 No. 159
|
|
|
am. 1997 No. 117; 1999 No. 14
|
|
|
rep. 2002 No. 21
|
|
Division 2.5A
|
|
|
Div. 2.5A of Part 2..................
|
ad. 2001 No. 353
|
|
R. 2.36B..................................
|
ad. 2001 No. 353
|
|
R. 2.36C.................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353
|
|
R. 2.36D.................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353
|
|
R. 2.36E..................................
|
ad. 2002 No. 353
|
|
|
am. 2004 No. 153
|
|
Div. 2.6 of Part 2....................
|
rep. 2002 No. 21
|
|
Rr. 2.37–2.39.........................
|
rep. 2002 No. 21
|
|
R. 2.40....................................
|
am. 1997 No. 117
|
|
|
rep. 2002 No. 21
|
|
R. 2.41....................................
|
am. 1998 No. 83; 1999 No. 239
|
|
|
rep. 2002 No. 21
|
|
Heading to Div. 2.6A.............
|
am. 1998 No. 83
rep. 2002 No. 21
|
|
Div. 2.6A of Part 2..................
|
ad. 1997 No.
117
rep. 2002 No. 21
|
|
R. 2.41A..................................
|
am. 1998 No. 83
|
|
|
rep. 2002 No. 21
|
|
R. 2.41B..................................
|
rs. 1998 No. 83
|
|
|
rep. 2002 No. 21
|
|
Div. 2.7 of Part 2....................
|
rep. 2002 No. 21
|
|
R. 2.42....................................
|
am. 1995 Nos. 64 and 159
|
|
|
rep. 2002 No. 21
|
|
R. 2.43....................................
|
am. 1995 No. 158
|
|
|
rep. 2002 No. 21
|
|
R. 2.44....................................
|
rep. 2002 No. 21
|
|
R. 2.45....................................
|
am. 1997 No. 117
|
|
|
rep. 2002 No. 21
|
|
R. 2.46....................................
|
am. 1995 No. 158; 1997 No. 117; 1999 No. 239
|
|
|
rep. 2002 No. 21
|
|
R. 2.47....................................
|
am. 1997 No. 309; 1999 No. 239
|
|
|
rep. 2002 No. 21
|
|
R. 2.48....................................
|
am. 1997 No. 117; 1999 No. 14
|
|
|
rep. 2002 No. 21
|
|
R. 2.48A..................................
|
ad. 1995 No. 64
|
|
|
am. 1997 No. 309
|
|
|
rep. 2002 No. 21
|
|
Div. 2.7A of Part 2..................
|
ad. 1995 No. 64
rep. 2002 No. 21
|
|
Rr. 2.48B, 2.48C...................
|
ad. 1995 No. 64
|
|
|
rep. 2002 No. 21
|
|
Div. 2.8 of Part 2....................
|
rep. 2002 No. 21
|
|
Rr. 2.49–2.54.........................
|
rep. 2002 No. 21
|
|
R. 2.55....................................
|
am. 1998 No. 193
|
|
|
rep. 2002 No. 21
|
|
Rr. 2.56–2.63.........................
|
rep. 2002 No. 21
|
|
R. 2.64....................................
|
am. 1998 No. 193
|
|
|
rep. 2002 No. 21
|
|
Rr. 2.65–2.67.........................
|
rep. 2002 No. 21
|
|
Part 3
|
|
|
R. 3.01....................................
|
rs. 1994 No. 432
|
|
|
am. 1995 No. 430
|
|
|
rs. 1997 No. 293
|
|
|
am. 2001 No. 353; 2002 Nos. 150 and 353; 2004 No.
153; 2005 No. 334
|
|
Heading to r. 3.02.................
|
am. 1997 No. 69
|
|
R. 3.02....................................
|
am. 1997 No. 69
|
|
|
rep. 2004 No. 113
|
|
R. 3.03....................................
|
am. Act No. 169, 1995; 2004 No. 113
|
|
|
rep. 2004 No. 113
|
|
R. 3.04A..................................
|
ad. 1994 No. 432
|
|
R. 3.09A..................................
|
ad. 1995 No. 159
|
|
|
rs. 1999 No. 14
|
|
|
rep. 2002 No. 21
|
|
R. 3.09B..................................
|
ad. 1995 No. 159
|
|
|
rep. 2002 No. 21
|
|
R. 3.10....................................
|
am. 1994 No. 189; 1995 No. 158; 1998 No. 193; 2002
No. 21
|
|
R. 3.10A..................................
|
ad. 1999 No. 14
|
|
|
rep. 2002 No. 21
|
|
R. 3.11....................................
|
rs. 2002 No. 21
|
|
R. 3.12....................................
|
am. 1999 No. 115
|
|
|
rep. 2002 No. 21
|
|
R. 3.13....................................
|
ad. 1995 No. 159
|
|
|
rep. 2002 No. 21
|
|
Part 3A
|
|
|
Part 3A....................................
|
ad. 2004 No. 113
|
|
Division 3A.1
|
|
|
R. 3A.01..................................
|
ad. 2004 No. 113
|
|
R. 3A.02..................................
|
ad. 2004 No. 113
|
|
R. 3A.03..................................
|
ad. 2004 No. 113
|
|
Note to r. 3A.03 (2)................
|
am. 2005 No. 335
|
|
R. 3A.03A................................
|
ad. 2005 No. 335
|
|
Division 3A.2
|
|
|
R. 3A.04..................................
|
ad. 2004 No. 113
|
|
|
am. 2005 No. 335
|
|
Division 3A.3
|
|
|
Div. 3A.3 of Part 3A...............
|
ad. 2004 No. 154
|
|
R. 3A.05..................................
|
ad. 2004 No. 154
|
|
|
am. 2005 No. 335
|
|
R. 3A.06..................................
|
ad. 2004 No. 154
|
|
Division 3A.4
|
|
|
Div. 3A.4 of Part 3A...............
|
ad. 2008 No. 171
|
|
R. 3A.07..................................
|
ad. 2008 No. 171
|
|
Part 4
|
|
|
Division 4.1
|
|
|
R. 4.01....................................
|
am. 2002 No. 21
|
|
R. 4.03....................................
|
am. 1994 No. 189; 1999 No. 239
|
|
R. 4.04....................................
|
am. 1994 No. 189; 1999 No. 239
|
|
R. 4.05....................................
|
am. 1994 No. 189; 1999 No. 239
|
|
Division 4.1A
|
|
|
Div. 4.1A of Part 4..................
|
ad. 2004 No. 113
|
|
R. 4.07A..................................
|
ad. 2004 No. 113
|
|
R. 4.07B..................................
|
ad. 2004 No. 113
|
|
Division 4.2
|
|
|
R. 4.08....................................
|
am. 1998 No. 83
|
|
R. 4.08A..................................
|
ad. 2001 No. 37
|
|
R. 4.09....................................
|
am. 1994 No. 189; 1995 No. 384
|
|
R. 4.10....................................
|
am. 1998 No. 193; 1999 No. 239
|
|
R. 4.10A..................................
|
ad. 2004 No. 113
|
|
|
am. 2004 No. 113
|
|
R. 4.11....................................
|
am. 1998 No. 193
|
|
R. 4.11A..................................
|
ad. 2004 No. 113
|
|
|
am. 2004 No. 113
|
|
R. 4.12....................................
|
ad. 1995 No. 142
|
|
|
am. 1997 No. 117; 1998 No. 193; 1999 Nos. 14 and 239
|
|
R. 4.13....................................
|
ad. 1995 No. 158
|
|
|
am. 2001 No. 353
|
|
R. 4.14....................................
|
ad. 2004 No. 113
|
|
R. 4.15....................................
|
ad. 2004 No. 113
|
|
R. 4.16....................................
|
ad. 2004 No. 113
|
|
R. 4.17....................................
|
ad. 2004 No. 113
|
|
Part 4A....................................
|
ad. 2002 No. 150
|
|
|
rep. 2004 No. 148
|
|
Rr. 4A.01–4A.04....................
|
ad. 2002 No. 150
|
|
|
rep. 2004 No. 148
|
|
R. 4A.05..................................
|
ad. 2002 No. 150
|
|
|
am. 2002 No. 353
|
|
|
rep. 2004 No. 148
|
|
R. 4A.06..................................
|
ad. 2002 No. 150
|
|
|
rep. 2004 No. 148
|
|
R. 4A.07..................................
|
ad. 2002 No. 150
|
|
|
rep. 2004 No. 148
|
|
Part 5
|
|
|
Heading to Part 5..................
|
rs. 1995 No. 64
|
|
Division 5.1
|
|
|
R. 5.01....................................
|
am. 1994 No. 57; 1995 Nos. 159 and 384; 1997 Nos. 117 and
309; 1998 Nos. 83 and 193; 1999 No. 14; 2002 No. 200; 2004 Nos. 12 and
152; 2005 No. 218; 2007 No.74; 2008 No. 282
|
|
R. 5.01A..................................
|
ad. 1994 No. 189
|
|
|
am. 1997 No. 309
|
|
R. 5.01B..................................
|
ad. 1995 No. 64
|
|
R. 5.02....................................
|
am. 1995 Nos. 47 and 64; 2001 No. 353
|
|
R. 5.02A..................................
|
ad. 1995 No. 159
|
|
R. 5.02B..................................
|
ad. 1997 No. 309
|
|
R. 5.02C.................................
|
ad. 1997 No. 309
|
|
R. 5.03....................................
|
am. 1994 No. 189; 1995 No. 64; 1998 No. 175
|
|
Division 5.2
|
|
|
R. 5.04....................................
|
am. 2001 No. 353; 2004 Nos. 12 and 84; 2007 No. 105
|
|
R. 5.06....................................
|
am. 1997 No. 117; 2005 No. 334
|
|
R. 5.06A..................................
|
ad. 1997 No. 117
|
|
R. 5.06B..................................
|
ad. 2001 No. 353
|
|
Division 5.3
|
|
|
R. 5.08....................................
|
am. 2004 No. 84; 2005 No. 334
|
|
Div. 5.4 of Part 5....................
|
ad. 1995 No. 47
rep. 1999 No. 14
|
|
R. 5.09....................................
|
ad. 1995 No. 47
|
|
|
am. 1995 No. 159
|
|
|
rep. 1999 No. 14
|
|
R. 5.10....................................
|
ad. 1995 No. 47
|
|
|
rep. 1999 No. 14
|
|
R. 5.11....................................
|
ad. 1995 No. 64
|
|
|
rep. 1999 No. 14
|
|
Division 5.5
|
|
|
R. 5.12....................................
|
ad. 1995 No. 64
|
|
|
am. 2002 No. 21
|
|
R. 5.13....................................
|
ad. 1995 No. 64
|
|
|
rs. 1995 No. 159
|
|
R. 5.14....................................
|
ad. 1995 No. 64
|
|
|
am. 1995 Nos. 159 and 384
|
|
R. 5.15....................................
|
ad. 1995 No. 64
|
|
|
am. 2002 No. 21
|
|
R. 5.15A..................................
|
ad. 1995 No. 159
|
|
|
rep. 2002 No. 200
|
|
R. 5.15B..................................
|
ad. 1995 No. 159
|
|
R. 5.15C.................................
|
ad. 1995 No. 384
|
|
R. 5.15D.................................
|
ad. 1995 No. 384
|
|
R. 5.16....................................
|
ad. 1995 No. 64
|
|
|
am. 1999 No. 115
|
|
R. 5.17....................................
|
ad. 1995 No. 64
|
|
|
am. 1995 Nos. 159 and 384; 1997 No. 117; 1998
No. 193; 1999 No. 317; 2002 Nos. 21 and 200
|
|
R. 5.18....................................
|
ad. 1995 No. 64
|
|
|
am. 1995 No. 159
|
|
Division 5.6
|
|
|
Div. 5.6 of Part 5....................
|
ad. 1995 No. 159
|
|
R. 5.19....................................
|
ad. 1995 No. 159
|
|
R. 5.20....................................
|
ad. 1995 No. 159
|
|
R. 5.21....................................
|
ad. 1995 No. 159
|
|
|
am. 2002 No. 21
|
|
R. 5.22....................................
|
ad. 1995 No. 159
|
|
|
am. 2002 No. 200
|
|
R. 5.23....................................
|
ad. 1995 No. 159
|
|
R. 5.24....................................
|
ad. 1995 No. 159
|
|
Part 6
|
|
|
Division 6.1
|
|
|
Subdivision 6.1.1
|
|
|
R. 6.01....................................
|
am. 1994 No. 189; 1995 No. 64; 1996 Nos. 57 and 344;
1997 Nos. 117, 293 and 343; 1998 Nos. 83, 175 and 177; 2002 Nos. 91 and 200;
2003 No. 42; 2005 Nos. 56 and 334; 2007 No. 74; 2008 Nos. 9 and 282
|
|
R. 6.01A..................................
|
ad. 2008 No. 9
|
|
Subdivision 6.1.2
|
|
|
R. 6.02....................................
|
am. 1995 No. 159; 1997 Nos. 117, 152 and 153
|
|
|
rs. 1998 No. 175
|
|
R. 6.03....................................
|
am. 1998 No. 175
|
|
R. 6.04....................................
|
am. 1996 Nos. 57 and 344
|
|
|
rep. 1998 No. 175
|
|
R. 6.04A..................................
|
ad. 1997 No. 117
|
|
|
rep. 1998 No. 175
|
|
R. 6.06....................................
|
am. 1994 No. 189; 1998 No. 175
|
|
Subdivision 6.1.3
|
|
|
R. 6.07....................................
|
am. 1997 No. 117
|
|
|
rs. 1998 No. 175
|
|
|
am. 1999 No. 14
|
|
R. 6.08....................................
|
am. 1994 No. 189; 1997 No. 117
|
|
|
rs. 1998 No. 175
|
|
|
am. 1999 No. 14; 2007 No. 74
|
|
R. 6.09....................................
|
am. 1996 Nos. 57 and 344; 1997 No. 117
|
|
|
rs. 1998 No. 175
|
|
R. 6.09A..................................
|
ad. 1997 No. 117
|
|
|
rep. 1998 No. 175
|
|
Subdivision 6.1.4
|
|
|
R. 6.10....................................
|
am. 1994 No. 189; 1997 Nos. 117 and 293; 1998 No. 175;
2004 No. 148; 2007 No. 74
|
|
R. 6.11....................................
|
am. 1994 No. 189; 1997 Nos. 117 and 293; 1998 No. 175;
2004 No. 148; 2007 No. 74
|
|
R. 6.13....................................
|
rs. 1994 No. 189
|
|
Subdivision 6.1.5
|
|
|
R. 6.14....................................
|
am. 1998 No. 175
|
|
R. 6.15....................................
|
rs. 2005 No. 334
|
|
R. 6.15A..................................
|
ad. 1998 No. 83
|
|
|
am. 2000 No. 281; 2005 No. 333; 2007 No. 204
|
|
R. 6.16....................................
|
am. 1997 No. 117; 1998 Nos. 83 and 175
|
|
R. 6.16A..................................
|
ad. 1998 No. 175
|
|
Division 6.2
|
|
|
R. 6.17....................................
|
am. 1995 No. 159; 2001 No. 353; 2002 No. 21; 2003
No. 251; 2004 No. 153; 2005 Nos. 332 and 334
|
|
R. 6.17A..................................
|
ad. 1999 No. 115
|
|
|
am. 2001 No. 353; 2004 No. 153
|
|
R. 6.17AA................................
|
ad. 2002 No. 353
|
|
R. 6.17B..................................
|
ad. 1999 No. 115
|
|
R. 6.17C.................................
|
ad. 2007 No. 74
|
|
Division 6.3
|
|
|
Subdivision 6.3.1
|
|
|
R. 6.18....................................
|
am. 1998 No. 175; 2007 No. 74
|
|
R. 6.19....................................
|
am. 1998 No. 175; 2007 No. 74
|
|
R. 6.19A..................................
|
ad. 1997 No. 152
|
|
|
am. 1997 No. 309; 1998 No. 193; 1999 No. 239
|
|
R. 6.20....................................
|
am. 1994 No. 189; 2007 No. 74
|
|
R. 6.20A..................................
|
ad. 2002 No. 91
|
|
|
am. 2003 Nos. 42 and 251; 2008 No. 282
|
|
Note to r. 6.20A (5)................
|
rs. 2007 No. 74; 2008 No. 282
|
|
R. 6.20B..................................
|
ad. 2002 No. 91
|
|
|
am. 2003 Nos. 42 and 251; 2008 No. 282
|
|
Note to r. 6.20B (4)...............
|
rs. 2007 No. 74
|
|
R. 6.20C.................................
|
ad. 2008 No. 282
|
|
R. 6.21....................................
|
am. 1994 No. 189; 1997 No. 117; 1998 Nos. 83 and 175;
1999 No. 14; 2002 No. 150; 2004 Nos. 148 and 349; 2007 No. 74
|
|
R. 6.22....................................
|
am. 1994 No. 189; 1997 No. 117; 2001 No. 353;
2007 No. 74; 2008 No. 282
|
|
R. 6.22A..................................
|
ad. 1994 No. 189
|
|
R. 6.22B..................................
|
ad. 1997 No. 117
|
|
|
am. 1998 No. 193; 1999 No. 239
|
|
Subdivision 6.3.2
|
|
|
R. 6.23....................................
|
am. 1998 No. 175
|
|
R. 6.24A..................................
|
ad. 2002 No. 91
|
|
|
am. 2003 No. 42; 2008 No. 282
|
|
Note to r. 6.24A (5)................
|
rs. 2007 No. 74; 2008 No. 282
|
|
R. 6.24B..................................
|
ad. 2008 No. 282
|
|
R. 6.25....................................
|
am. 1994 No. 189; 1997 No. 117; 1998 No. 83; 1999
No. 14; 2007 No. 74
|
|
R. 6.26....................................
|
am. 2001 No. 353; 2007 No. 74; 2008 No. 282
|
|
R. 6.27....................................
|
rs. 2007 No. 74
|
|
|
am. 2008 No. 282
|
|
R. 6.27A..................................
|
ad. 1994 No. 189
|
|
Division 6.4
|
|
|
Heading to Div. 6.4...............
of Part 6
|
rs. 2003 No. 251
|
|
Note to Heading to...............
Div. 6.4 of Part 6
|
rs. 1995 No. 159
|
|
Heading to r. 6.27B..............
|
rs. 1998 No. 193
|
|
R. 6.27B..................................
|
ad. 1997 No. 117
|
|
|
am. 1998 No. 193; 1999 No. 239
|
|
R. 6.28....................................
|
rs. 1995 No. 142
|
|
|
am. 1997 No. 117; 1999 No. 14; 2002 No. 21; 2004
No. 113
|
|
Note to 6.28 (2).....................
|
rep. 2004 No. 113
|
|
Heading to r. 6.29.................
|
am. 1997 No. 117
|
|
R. 6.29....................................
|
rs. 1995 No. 142
|
|
|
am. 1995 No. 159; 1997 No. 117; 1999 No. 14; 2002
No. 21; 2004 No. 113
|
|
Note to 6.29 (2).....................
|
rep. 2004 No. 113
|
|
Div. 6.4A of Part 6..................
|
ad. 1995 No.
159
rep. 1999 No. 14
|
|
Rr. 6.29A, 6.29B....................
|
ad. 1995 No. 159
|
|
|
rep. 1999 No. 14
|
|
Division 6.5
|
|
|
Div. 6.5 of Part 6....................
|
rs. 2003 No. 251
|
|
R. 6.30....................................
|
am. 1994 No. 189; 1995
No. 64
|
|
|
rs. 2003 No. 251
|
|
|
am. 2004 No. 153;
2005 No. 142
|
|
R. 6.31....................................
|
ad. 2003 No. 251
|
|
|
am. 2007 No. 74
|
|
Heading to r. 6.31 (1)...........
|
ad. 2007 No. 74
|
|
R. 6.32....................................
|
ad. 2003 No. 251
|
|
R. 6.33....................................
|
ad. 2003 No. 251
|
|
|
am. 2007 No. 74
|
|
R. 6.34....................................
|
ad. 2003 No. 251
|
|
|
rs. 2007 No. 74
|
|
R. 6.35....................................
|
ad. 2003 No. 251
|
|
R. 6.36....................................
|
ad. 2003 No. 251
|
|
R. 6.37....................................
|
ad. 2003 No. 251
|
|
R. 6.38....................................
|
ad. 2003 No. 251
|
|
Division 6.6
|
|
|
Div. 6.6 of Part 6....................
|
ad. 2003 No. 251
|
|
R. 6.39....................................
|
ad. 2003 No. 251
|
|
Division 6.7
|
|
|
Div. 6.7 of Part 6....................
|
ad. 2005 No. 334
|
|
R. 6.40....................................
|
ad. 2005 No. 334
|
|
|
am. 2006 No. 189; 2007 No. 74
|
|
Heading to 6.41....................
|
rs. 2006 No. 189
|
|
R. 6.41....................................
|
ad. 2005 No. 334
|
|
|
am. 2006 No. 189; 2007 Nos. 74 and 204
|
|
R. 6.42....................................
|
ad. 2005 No. 334
|
|
|
am. 2006 No. 189; 2007 No. 74
|
|
R. 6.43....................................
|
ad. 2005 No. 334
|
|
R. 6.44....................................
|
ad. 2005 No. 334
|
|
|
am. 2006 No. 189
|
|
Note to r. 6.44 (4)..................
|
rs. 2007 No. 74
|
|
R. 6.45....................................
|
ad. 2005 No. 334
|
|
|
am. 2006 No. 189; 2007 No. 74
|
|
R. 6.46....................................
|
ad. 2005 No. 334
|
|
Part 7
|
|
|
Division 7.1
|
|
|
Heading to Div. 7.1...............
of Part 7
|
ad. 2004 No. 84
|
|
R. 7.01....................................
|
am. 2002 No. 150; 2004 Nos. 84 and 148; 2007 No. 74
|
|
Note to r. 7.01........................
|
ad. 2007 No. 74
|
|
Heading to r. 7.02.................
|
rs. 2004 No. 84
|
|
R. 7.02....................................
|
rs. 1997 No. 117
|
|
|
am. 2004 No. 84
|
|
Note to r. 7.02........................
|
rep. 1997 No. 117
|
|
R. 7.03....................................
|
am. 2004 No. 84
|
|
R. 7.03A..................................
|
ad. 2004 No. 113
|
|
|
am. 2004 No. 113
|
|
R. 7.04....................................
|
am. 1994 No. 432; 1997 Nos. 117 and 293; 2001 No. 353;
2002 No. 150; 2004 Nos. 12 and 148; 2007 No. 74
|
|
|
rs. 2007 No. 74
|
|
|
am. 2007 No. 204; 2008 No.171
|
|
R. 7.04A..................................
|
ad. 2007 No. 204
|
|
R. 7.05....................................
|
am. 1994 No. 432; 1997 Nos. 117 and 293; 2002 No. 150;
2004 Nos. 12 and 148
|
|
|
rs. 2007 No. 74
|
|
Division 7.2
|
|
|
Div. 7.2 of Part 7....................
|
ad. 2004 No. 84
|
|
R. 7.06....................................
|
ad. 2004 No. 84
|
|
|
am. 2007 No. 105
|
|
R. 7.07....................................
|
ad. 2004 No. 84
|
|
|
am. 2007 No. 105
|
|
R. 7.08....................................
|
ad. 2004 No. 84
|
|
|
rs. 2007 No. 105
|
|
Division 7.3
|
|
|
R. 7.09....................................
|
ad. 2007 No. 105
|
|
R. 7.10....................................
|
ad. 2007 No. 105
|
|
R. 7.11....................................
|
ad. 2007 No. 105
|
|
Part 7A
|
|
|
Part 7A....................................
|
ad. 2001 No. 353
|
|
Division 7A.1
|
|
|
R. 7A.01..................................
|
ad. 2001 No. 353
|
|
R. 7A.01A................................
|
ad. 2004 No. 153
|
|
R. 7A.02..................................
|
ad. 2001 No. 353
|
|
R. 7A.03..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353
|
|
Note to r. 7A.03......................
|
rs. 2002 No. 353
|
|
Division 7A.1A
|
|
|
Heading to Div. 7A.1A..........
of Part 7A
|
rs. 2004 No. 153
|
|
R. 7A.03A................................
|
ad. 2002 No. 353
|
|
|
am. 2004 Nos. 148 and 153
|
|
R. 7A.03B...............................
|
ad. 2002 No. 353
|
|
|
am. 2004 Nos. 148 and 153; 2005 No. 332
|
|
R. 7A.03C...............................
|
ad. 2002 No. 353
|
|
R. 7A.03D...............................
|
ad. 2002 No. 353
|
|
R. 7A.03E...............................
|
ad. 2002 No. 353
|
|
|
am. 2004 No. 148
|
|
|
rs. 2004 No. 153
|
|
R. 7A.03F................................
|
ad. 2002 No. 353
|
|
R. 7A.03G...............................
|
ad. 2002 No. 353
|
|
|
am. 2004 No. 153
|
|
R. 7A.03H...............................
|
ad. 2002 No. 353
|
|
|
am. 2004 No. 153; 2005 No. 332
|
|
R. 7A.03I.................................
|
ad. 2002 No. 353
|
|
|
am. 2004 No. 153
|
|
R. 7A.03J................................
|
ad. 2002 No. 353
|
|
R. 7A.03K...............................
|
ad. 2002 No. 353
|
|
Division 7A.2
|
|
|
R. 7A.04..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 Nos. 148 and 153
|
|
R. 7A.05..................................
|
ad. 2001 No. 353
|
|
R. 7A.06..................................
|
ad. 2001 No. 353
|
|
R. 7A.07..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 Nos. 148 and 153
|
|
R. 7A.08..................................
|
ad. 2001 No. 353
|
|
R. 7A.09..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 No. 153
|
|
R. 7A.10..................................
|
ad. 2001 No. 353
|
|
|
am. 2004 No. 153
|
|
R. 7A.11..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 Nos. 148 and 153
|
|
R. 7A.12..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 No. 153
|
|
R. 7A.13..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 Nos. 148 and 153
|
|
Division 7A.3
|
|
|
R. 7A.14..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 No. 153; 2007 No. 74
|
|
R. 7A.15..................................
|
ad. 2001 No. 353
|
|
|
rep. 2004 No. 153
|
|
R. 7A.16..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 Nos. 148 and 153
|
|
R. 7A.17..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 Nos. 148 and 153
|
|
R. 7A.18..................................
|
ad. 2001 No. 353
|
|
|
am. 2002 No. 353; 2004 Nos. 148 and 153
|
|
Division 7A.4
|
|
|
R. 7A.19..................................
|
ad. 2002 No. 353
|
|
R. 7A.20..................................
|
ad. 2002 No. 353
|
|
R. 7A.21..................................
|
ad. 2002 No. 353
|
|
R. 7A.22..................................
|
ad. 2002 No. 353
|
|
Part 8
|
|
|
R. 8.01....................................
|
am. 1998 No. 108; 2007 No. 343
|
|
R. 8.01A..................................
|
ad. 1996 No. 44
|
|
|
am. 1999 No. 239
|
|
|
rs. 2003 No. 170
|
|
|
rep. 2007 No. 343
|
|
R. 8.02....................................
|
am. 2007 No. 343
|
|
R. 8.02A..................................
|
ad. 2007 No. 343
|
|
|
rs. 2008 No. 134
|
|
R. 8.03....................................
|
rs. 1995 No. 430
|
|
|
am. 1999 Nos. 31 and 239; 2001 No. 37; 2002 No. 200;
2007 No. 343; 2008 No. 134
|
|
R. 8.04....................................
|
ad. 2007 No. 343
|
|
Part 9
|
|
|
Division 9.2
|
|
|
R. 9.02A..................................
|
ad. 2001 No. 353
|
|
Division 9.2A
|
|
|
Div. 9.2A of Part 9..................
|
ad. 2004 No. 84
|
|
R. 9.04A..................................
|
ad. 2004 No. 84
|
|
R. 9.04B..................................
|
ad. 2004 No. 84
|
|
R. 9.04C.................................
|
ad. 2004 No. 84
|
|
R. 9.04D.................................
|
ad. 2004 No. 84
|
|
Division 9.2B
|
|
|
Div. 9.2B of Part 9.................
|
ad. 2004 No. 84
|
|
R. 9.04E..................................
|
ad. 2004 Nos. 84
|
|
|
am. 2004 No. 148; 2007 No. 74
|
|
R. 9.04F..................................
|
ad. 2004 No. 84
|
|
R. 9.04G.................................
|
ad. 2004 No. 84
|
|
R. 9.04H.................................
|
ad. 2004 No. 84
|
|
R. 9.04I...................................
|
ad. 2004 No. 84
|
|
|
am. 2004 No. 155; 2005 No. 143
|
|
Division 9.3
|
|
|
R. 9.06....................................
|
am. 2004 No. 113
|
|
R. 9.09....................................
|
am. 2004 No. 113
|
|
R. 9.15.................................... ....................................... am.
|
am. 2001 No. 353
|
|
R. 9.19....................................
|
am. 1998 No. 193; 1999 No. 239
|
|
Division 9.4
|
|
|
R. 9.23....................................
|
am. 1998 No. 193; 1999 No. 239
|
|
Heading to r. 9.24.................
|
am. 1999 No. 239
|
|
R. 9.24....................................
|
am. 1998 No. 193; 1999 No. 239
|
|
Division 9.5
|
|
|
R. 9.27....................................
|
am. 1994 No. 189; 2001 No. 353
|
|
R. 9.29....................................
|
am. 2004 No. 113
|
|
Division 9.6
|
|
|
R. 9.35....................................
|
am. 2001 No. 353
|
|
R. 9.36....................................
|
am. 1994 No. 189
|
|
Division 9.7
|
|
|
R. 9.43....................................
|
am. 1998 No. 193; 1999 No. 239
|
|
Heading to r. 9.44.................
|
am. 1999 No. 239
|
|
R. 9.44....................................
|
am. 1998 No. 193; 1999 No. 239
|
|
Part 10
|
|
|
Heading to Part 10...............
|
rs. 1995 No. 159
|
|
Division 10.1
|
|
|
R. 10.01..................................
|
rs. 1995 No. 159
|
|
|
am. 1998 No. 193
|
|
Division 10.2
|
|
|
R. 10.02..................................
|
rep. 1995 No. 64
|
|
|
ad. 1995 No. 159
|
|
R. 10.03..................................
|
rs. 1995 No. 159
|
|
|
am. 2001 No. 353
|
|
R. 10.04..................................
|
rep. 1995 No. 159
|
|
R. 10.04A................................
|
ad. 1994 No. 432
|
|
|
rep. 1995 No. 159
|
|
R. 10.05..................................
|
rep. 1995 No. 64
|
|
Division 10.3
|
|
|
R. 10.06..................................
|
rs. 1995 No. 64
|
|
|
am. 1995 No. 159; 1997 No. 117; 2004 No. 113; 2005
No. 218
|
|
R.
10.07..................................
|
ad.
2004 No. 113
|
|
|
am. 2004 No. 113; 2005 No. 218
|
|
Part 11
|
|
|
Heading to Part 11...............
|
am. 1998 No. 193
|
|
R. 11.01..................................
|
am. 1998 No. 193
|
|
Heading to r. 11.02...............
|
rs. 1999 No. 239
|
|
|
rep. 2003 No. 239
|
|
R. 11.02..................................
|
am. 1998 Nos. 193 and 240; 1999 Nos. 31 and 239
|
|
|
rep. 2003 No. 170
|
|
Note to r. 11.02......................
|
ad. 1999 No. 239
|
|
|
rep. 2003 No. 170
|
|
R. 11.02A................................
|
ad. 1999 No. 239
|
|
Heading to r. 11.03...............
|
am. 1999 No. 239
|
|
R. 11.03..................................
|
am. 1998 No. 193
|
|
R. 11.04..................................
|
am. 1999 No. 239; 2007 No. 343
|
|
R. 11.05..................................
|
am. 2007 No. 343
|
|
R. 11.06..................................
|
am. 2007 No. 343
|
|
R. 11.06A................................
|
ad. 1999 No. 239
|
|
Heading to r. 11.07...............
|
rs. 2007 No. 74
|
|
R. 11.07..................................
|
am. 1998 No. 193; 1999 No. 239; 2007 Nos. 74 and
343
|
|
R. 11.07AA.............................
|
ad. 2007 No. 74
|
|
R. 11.07A................................
|
ad. 1999 No. 239
|
|
|
am. 2007 Nos. 74 and 343
|
|
R. 11.08..................................
|
rs. 1995 No. 64
|
|
|
am. 1995 Nos. 159 and 384; 1998 No. 193
|
|
|
rep. 1999 No. 317
|
|
Part 11A
|
|
|
Part 11A..................................
|
ad. 2004 No. 113
|
|
R. 11A.01................................
|
ad. 2004 No. 113
|
|
R. 11A.02................................
|
ad. 2004 No. 113
|
|
|
am. 2007 No. 343
|
|
R. 11A.03................................
|
ad. 2004 No. 113
|
|
|
am. 2007 No. 343
|
|
R. 11A.04................................
|
ad. 2004 No. 113
|
|
|
am. 2007 No. 343
|
|
Part 12
|
|
|
R. 12.01..................................
|
am. 1994 No. 432; 1996 No. 344; 1998 No. 193;
2007 No. 74
|
|
R. 12.05..................................
|
am. 1998 No. 193
|
|
R. 12.06..................................
|
am. 1998 No. 193
|
|
R. 12.08..................................
|
am. 1994 No. 432
|
|
|
rs. 1995 No. 430
|
|
|
am. 1998 No. 193
|
|
R. 12.10..................................
|
am. 2007 No. 74
|
|
R. 12.11..................................
|
am. 1994 No. 432; 1998 No. 193; 2007 No. 74
|
|
R. 12.12..................................
|
am. 1998 No. 193; 2007 No. 74
|
|
R. 12.13..................................
|
am. 1998 No. 193; 2007 No. 74
|
|
R. 12.14..................................
|
am. 1998 No. 193
|
|
R. 12.15..................................
|
am. 1998 No. 193; 2007 No. 74
|
|
Rr. 12.16–12.18....................
|
rep. 1996 No. 344
|
|
Part 13
|
|
|
Div. 13.1 of Part 13...............
|
rep. 2007 No. 343
|
|
Heading to Subdiv. 13.1.1...
|
rs. 1994 No. 189
|
|
|
rep. 2007 No. 343
|
|
R. 13.01..................................
|
am. 1994 No. 189
|
|
|
rep. 2007 No. 343
|
|
Heading to Subdiv. 13.1.1A
|
ad. 1994 No. 189
|
|
|
rep. 2007 No. 343
|
|
Subdiv. 13.1.2 of Div. 13.1...
|
rep. 1997 No. 117
|
|
R. 13.02..................................
|
rep. 2007 No. 343
|
|
R. 13.03..................................
|
rep. 2007 No. 343
|
|
R. 13.04..................................
|
rep. 1997 No. 117
|
|
Subdiv. 13.1.3 of Div. 13.1...
|
ad. 1994 No. 189
|
|
|
rep. 2007 No. 343
|
|
R. 13.05..................................
|
ad. 1994 No. 189
|
|
|
am. 2007 No. 343
|
|
Subdiv. 13.1.4 of Div 13.1....
|
ad. 1994 No. 189
|
|
|
rep. 2007 No. 343
|
|
R. 13.06..................................
|
ad. 1994 No. 189
|
|
|
rep. 2007 No. 343
|
|
R. 13.07..................................
|
ad. 1994 No. 189
|
|
|
am. 2002 No. 21
|
|
|
rep. 2007 No. 343
|
|
R. 13.08..................................
|
ad. 1994 No. 189
|
|
|
rep. 2007 No. 343
|
|
R. 13.09..................................
|
ad. 1994 No. 189
|
|
|
am. 1998 No. 193
|
|
|
rep. 2007 No. 343
|
|
R. 13.10..................................
|
ad. 1994 No. 189
|
|
|
rep. 2007 No. 343
|
|
Division 13.1A
|
|
|
Div. 13.1A of Part 13.............
|
ad. 1999 No. 239
|
|
R. 13.10A................................
|
ad. 1999 No. 239
|
|
R. 13.10B...............................
|
ad. 1999 No. 239
|
|
R. 13.10C...............................
|
ad. 1999 No. 239
|
|
R. 13.10D...............................
|
ad. 1999 No. 239
|
|
Division 13.2
|
|
|
R. 13.11..................................
|
am. 1994 Nos. 189 and 432
|
|
R. 13.13..................................
|
am. 1994 No. 189; 2001 No. 353
|
|
R. 13.14..................................
|
am. 1998 No. 83
|
|
R. 13.15A................................
|
ad. 1998 No. 83
|
|
|
am. 2002 No. 21; 2004 No. 113
|
|
R. 13.16..................................
|
am. 1994 No. 189; 1995 No. 158; 1997 No. 221; 1998
No. 193; 1999 No. 239; 2001 No. 353; 2002 No. 353; 2004 No. 12; 2005 No.
332; 2008 No. 282
|
|
R. 13.17..................................
|
rs. 1994 No. 189
|
|
|
am. 1994 No. 432; 1998 No. 193; 1999 No. 115; 2007
No. 343
|
|
R. 13.17A................................
|
ad. 1994 No. 189
|
|
|
am. 1994 No. 432; 1998 No. 193; 1999 No. 115; 2002
No. 150; 2007 No. 343
|
|
R. 13.17AA.............................
|
ad. 1994 No. 432
|
|
|
am. 1998 No. 193; 2007 No. 343
|
|
R. 13.17B...............................
|
ad. 1994 No. 189
|
|
R. 13.17C...............................
|
ad. 1995 No. 159
|
|
R. 13.18A................................
|
ad. 2005 No. 34
|
|
Division 13.3
|
|
|
R. 13.19..................................
|
am. Act No. 169, 1995
|
|
R. 13.19A................................
|
ad. 2008 No. 171
|
|
Rr. 13.22A, 13.22B...............
|
ad. 1997 No. 243
|
|
|
rep. 1998 No. 193
|
|
R. 13.22C...............................
|
ad. 1997 No. 243
|
|
|
am. 1998 No. 76
|
|
|
rep. 1998 No. 193
|
|
Division 13.3A
|
|
|
Div. 13.3A of Part 13.............
|
ad. 2000 No. 151
|
|
R. 13.22A................................
|
ad. 2000 No. 151
|
|
R. 13.22B...............................
|
ad. 2000 No. 151
|
|
R. 13.22C...............................
|
ad. 2000 No. 151
|
|
R. 13.22D...............................
|
ad. 2000 No. 151
|
|
Division 13.5
|
|
|
Div. 13.5 of Part 13...............
|
ad. 1996 No. 344
|
|
R. 13.24..................................
|
ad. 1996 No. 344
|
|
|
am. 1998 No. 193
|
|
R. 13.25..................................
|
ad. 1996 No. 344
|
|
|
am. 1997 No. 117; 1998 No. 193
|
|
R. 13.26..................................
|
ad. 1996 No. 344
|
|
|
am. 1998 No. 193
|
|
Schedule 1AAA
|
|
|
Schedule 1AAA......................
|
ad. 1995 No. 430
|
|
|
am. 2007 No. 74
|
|
Schedule 1AA
|
|
|
Schedule 1AA........................
|
ad. 1995 No. 240
|
|
|
am. 1996 No. 122; 1998 No. 83; 2002 No. 150;
2007 Nos. 105 and 331
|
|
Schedule 1A
|
|
|
Heading to Schedule 1A.....
|
rs. 2005 No. 333
|
|
Schedule 1A..........................
|
ad. 1994 No. 189
|
|
|
am. 2003 No. 171; 2005 No. 333
|
|
Schedule 1AAB
|
|
|
Schedule 1AAB.....................
|
ad. 2005 No. 333
|
|
Schedule 1B
|
|
|
Schedule 1B..........................
|
ad. 1994 No. 189
|
|
|
am. 1995 No. 158; 1998 No. 193; 1999 No. 239
|
|
Schedule 1
|
|
|
Heading to Schedule 1........
|
rs. 2007 No. 74; 2008 No. 9
|
|
Schedule 1.............................
|
am. 1994 No. 189; 1997 Nos. 152, 153, 343 and 415; 1998
No. 193; 1999 No. 239; 2002 No. 91; 2005 No. 56; 2007 No. 74; 2008 Nos. 9 and
282
|
|
Schedule 1AB
|
|
|
Schedule 1A..........................
|
ad. 2002 No. 91
|
|
Renumbered......................
Schedule 1AB
|
2002 No. 200
am. 2005 No. 334
|
|
Schedule 2
|
|
|
Heading to Schedule 2........
|
am. 1995 No. 159
|
|
Schedule 2.............................
|
am. 1994 No. 189; 1997 No. 293; 2005 No. 218
|
|
Schedule 2A
|
|
|
Schedule 2A..........................
|
ad. 2007 No. 74
|
|
Schedule 3
|
|
|
Schedule 3.............................
|
am. 1998 No. 193; 1999 No. 239
|
|
Schedule 4
|
|
|
Schedule 4.............................
|
ad. 2002 No. 21
|
|
Schedule 5.............................
|
ad. 2004 No. 113
|
|
|
rep. 2004 No. 113
|
|
Schedule 6
|
|
|
Schedule 6.............................
|
ad. 2004 No. 148
|
|
|
am. 2005 No. 333
|
|
Schedule 7
|
|
|
Schedule 7.............................
|
ad. 2007 No. 74
|
|
|
|
Note 2
Superannuation Industry (Supervision) Amendment Regulations 2008
(No. 4) (2008 No. 282)
The following amendments commence on
1 April 2009:
Schedule 2
[1] Subregulation 6.01 (2), definition of condition
of release
omit
, and
insert
and, subject to regulation 6.01B,
[2] After regulation 6.01A
insert
6.01B Conditions
of release for temporary residents
(1) This regulation applies to a member who is or was a
temporary resident.
(2) This regulation does not apply to a member who:
(a) is an Australian citizen, a New Zealand
citizen or a permanent resident; or
(b) is, at any time, the holder of a Subclass 405
(Investor Retirement) visa or a Subclass 410 (Retirement) visa described in
Schedule 2 to the Migration Regulations 1994.
(3) The only conditions of release that can apply to
the member are:
(a) a condition of release that was satisfied by
the member before 1 April 2009; and
(b) the conditions of release in items 102, 102A,
103, 103A, 103B, 109, 202, 202A, 203, 204 and 204A of Schedule 1.
[3] After subregulation 6.18 (1)
insert
Note For conditions of release for
temporary residents, see regulation 6.01B.
[4] After subregulation 6.19 (1)
insert
Note For conditions of release for
temporary residents, see regulation 6.01B.
[5] After subregulation 6.23 (1)
insert
Note For conditions of release for
temporary residents, see regulation 6.01B.
As at 18 December 2008
the amendments are not incorporated in this compilation.
Note 3
Superannuation Industry (Supervision) Amendment Regulations 2008
(No. 4) (2008 No. 282)
The following amendments commence
on 1 July 2009:
Schedule 3
[1] Subregulation 6.01 (2), definition of eligible
temporary resident visa, including the note
omit
[2] Schedule 1AB
omit
As at 18 December 2008
the amendments are not incorporated in this compilation.
Table A Application,
saving or transitional provisions
Statutory Rules 1995 No. 293
3 Application
3.1 The
amendment made by regulation 2 applies in relation to the reporting period of a
fund or sub‑plan, as the case requires, for the 1995‑96 financial
year and each succeeding reporting period.
Statutory Rules 1996 No. 344
13 Application of amendments —
reconsideration and review of decisions
13.1 The amendments of the Superannuation Industry (Supervision)
Regulations made by regulations 3, and 8 to 12, of these regulations apply in
relation to decisions of the Insurance and Superannuation Commissioner (other
than decisions made under regulation 12.17 of the Superannuation Industry
(Supervision) Regulations as in force at any time before 30 December 1996) made
on and after 30 December 1996.
14 Transitional —
approved auditors
14.1 Despite
regulations 8.03 and 11.02 of the Superannuation Industry (Supervision)
Regulations, the date by which:
(a) a report mentioned in subsection
113 (4) of the Superannuation Industry (Supervision) Act 1993 must
be given; or
(b) an annual return mentioned in subsection
36 (1) of that Act must be lodged;
is 31 March 1997 in the case of a report or annual return
that:
(c) relates to a superannuation entity (other
than an excluded fund or a public offer entity) in respect of which an auditor
is, not later than 31 January 1997, granted an approval under
subregulation 1.04 (2A) of the Superannuation Industry (Supervision)
Regulations (as amended by these regulations); and
(d) relates to the year of income of that
superannuation entity that ended on 30 June 1996.
Statutory Rules 1997 No. 117
57 Transitional
57.1 The
amendment of the Superannuation Industry (Supervision) Regulations made by
regulation 56 of these regulations applies in relation to requests made by a
person under subregulation 13.25 (1) of the Superannuation Industry
(Supervision) Regulations that are received by the Commissioner on or after 1
July 1997.
Statutory
Rules 1997 No. 152
6 Transitional
6.1 An
application to the Commissioner, before 1 July 1997, for a determination that
benefits be provided for the member on compassionate grounds, must, if it is an
application capable of being dealt with, be dealt with by the Commissioner as
if the amendments of the Superannuation Industry (Supervision) Regulations made
by subregulations 3.1, 4.1, 5.2 and 5.4 had not occurred.
6.2 An
application to the Commissioner, before 1 July 1997, for a determination under
subregulation 6.01 (5) of the Superannuation Industry (Supervision)
Regulations as in force immediately before the commencement of these
regulations, must be dealt with by the Commissioner as if the amendments of the
Superannuation Industry (Supervision) Regulations made by subregulations 3.1,
3.2, 5.1 and 5.3 had not occurred.
Statutory Rules 1997 No. 153
5 Transitional
5.1 A
written request to a trustee, before 1 July 1997, for release of benefits on
the ground of permanent departure from Australia, as defined in subregulation
6.01 (2) of the Superannuation Industry (Supervision) Regulations as in
force immediately before the commencement of these regulations, must be dealt
with by the trustee as if the amendments of the Superannuation Industry
(Supervision) Regulations made by regulations 3 and 4 had not occurred.
Statutory Rules 1997 No. 343
5 Application
5.1 The
amendments made by regulation 2 and subregulation 4.2 do not apply in relation
to an application made to a trustee before the commencement of these
regulations.
5.2 The
insertion of item 103A by subregulation 4.1 does not limit the operation of
regulation 5 of Statutory Rules 1997 No. 153.
Statutory Rules 1997 No. 415
3 Application
3.1 Subregulation
2.1 does not limit the operation of regulation 5 of Statutory Rules 1997 No.
153.
3.2 Subregulation
2.2 does not apply in relation to an application made to a trustee before the
commencement of these regulations.
Statutory Rules 1998 No. 312
4 Application
The
amendments made by items 2, 3, 4, 5, 6, 7, 8, 9 and 12 of Schedule 1 apply to:
(a) a benefit in the nature of an annuity that
arises under a contract under which the payment of the purchase price was
completed on or after 20 September 1998; or
(b) a benefit in the nature of a pension to which
the primary beneficiary became entitled, on or after 20 September 1998, under
rules that provide that the commencement day is the day when the primary
beneficiary became entitled to the benefit.
Statutory Rules 1999 No. 239
4 Transitional
The
amendment of paragraphs 8.03 (a) and (b) of the Superannuation Industry
(Supervision) Regulations 1994 by Schedule 1 do not have effect in relation
to a year of income of a superannuation entity before the 1999‑2000 year
of income of the entity.
Statutory Rules 2000 No. 185
4 Transitional
(1) This
regulation applies to a unit trust that, immediately before the commencement of
these Regulations, was a pooled superannuation trust.
(2) On
the commencement of these Regulations, the unit trust continues to be a pooled
superannuation trust.
(3) Subregulation
(2) ceases to apply to the unit trust immediately after the time of lodgment,
in accordance with subsection 36 (1) of the Superannuation Industry
(Supervision) Act 1993, of the first return in relation to the unit trust
after the commencement of these Regulations.
Statutory Rules 2001 No. 352
4 Transitional
(1) This regulation applies to a trust:
(a) in relation to which the time of lodgment
was before commencement of these Regulations; and
(b) the trustee of which did not give
confirmation by the time of lodgment; and
(c) the trustee of which either:
(i) gave APRA before the commencement
of these Regulations a purported confirmation, even though the time for doing
so had passed; or
(ii) gives confirmation by the time
allowed under sub‑subparagraph 1.04 (5) (c) (iii) (B)
of the SIS Regulations (as amended by these Regulations).
(2) The trust is taken to be a trust in relation to
which the circumstance mentioned in subparagraph
1.04 (5) (c) (iii) of the SIS Regulations applies from:
(a) for a trust mentioned in
subparagraph (1) (c) (i) — the commencement of these
Regulations; or
(b) for a trust mentioned in
subparagraph (1) (c) (ii) — the day confirmation is given.
(3) In addition, the trust is taken to have been a trust
in relation to which the circumstance mentioned in subparagraph
1.04 (5) (c) (iii) of the SIS Regulations applied between the
time of lodgment and:
(a) for a trust mentioned in
subparagraph (1) (c) (i) — the commencement of these
Regulations; or
(b) for a trust mentioned in
subparagraph (1) (c) (ii) — the day confirmation is given.
(4) The trustee of a trust may give APRA a notice, in
writing, that the trust does not wish subregulation (3) to apply to the
trust.
(5) A notice under subregulation (4) must be given:
(a) for a trust mentioned in
subparagraph (1) (c) (i) — within 3 months after
commencement of these Regulations; or
(b) for a trust mentioned in
subparagraph (1) (c) (ii) — when confirmation is given.
(6) A notice under subregulation (4) is
irrevocable.
(7) In this regulation:
confirmation
means the confirmation mentioned in
subparagraphs 1.04 (5) (c) (i) to (iv) of the SIS
Regulations.
SIS Regulations
means the Superannuation Industry (Supervision) Regulations 1994.
time of lodgment
means the time of lodgment mentioned in subparagraph 1.04 (5) (c) (iii)
of the SIS Regulations.
Statutory Rules 2003 No. 171
4 Transitional
The amendments made by Schedule 1 apply to an
annuity or a pension with a commencement date on or after 1 October 2003.
Select Legislative Instrument 2005 No.
335
4 Transitional
(1) The amendment made by item [3] of Schedule 1 applies
in relation to an application for an RSE licence made on or after the day on
which these Regulations commence.
Note An application made by an applicant
that has been examined using AASB 1017, and on which a decision has been made,
before the day on which these Regulations commence, will not be re‑examined
using AASB 124.
Select Legislative Instrument 2008 No.
134
2 Commencement
(2) However, for the period starting on
4 October 2007 and ending immediately before the day on which these Regulations
are registered, the amendment made by item [1] of Schedule 1 does not apply to
the extent to which:
(a) the rights of a person (other than the
Commonwealth or an authority of the Commonwealth) as at the
day on which these Regulations are registered would be affected so as to
disadvantage that person; or
(b) liabilities would be imposed on a person
(other than the Commonwealth or an authority of the Commonwealth) in respect of
anything done or omitted to be done before the day on which
these Regulations are registered.
Table B Modifications
MODIFICATION DECLARATION No 10
I, Frederick George Herbert Pooley,
Insurance and Superannuation Commissioner, under section 332 of the Superannuation
Industry (Supervision) Act 1993 (the “Act”), DECLARE that:
[Note: For modifications of the Act see
the Superannuation Industry (Supervision) Act 1993]
2. Part 4 of the Superannuation Industry
(Supervision) Regulations is to have effect, in relation to regulated
superannuation funds, and their trustees, as if it were modified by inserting
after regulation 4.08 the following:
“Operating standard ‑
member representation in certain regulated superannuation funds in relation to
which a declaration under subsection 18(7) of the Act is in force
Operating standard
4.08A. (1) For the purposes of subsection
31(1) of the Act, the standard stated in subregulation (2) is applicable to the
operation of regulated superannuation funds.
Arrangement for member representation
(2) A
regulated superannuation fund:
(a) that is not a standard
employer‑sponsored fund; and
(b) that has more than 4 members;
and
(c) in relation to which a
declaration under subsection 18(7) (which allows for funds to be declared not
to be public offer funds) is in force;
must have in place an arrangement in relation to
the management and control of the fund that:
(d) has been agreed to by a
majority of the members of the fund; and
(e) is approved by the
Commissioner in writing.
Imposing conditions on,
and revoking, paragraph (2)(e) approvals
(3) An
approval mentioned in paragraph (2)(e):
(a) is subject to any conditions
specified in the instrument of approval; and
(b) may be revoked by the
Commissioner by written notice given to the holder of the approval.
Varying the conditions of paragraph (2)(e) approvals
(4) The Commissioner may vary the conditions of an
approval mentioned in paragraph (2)(e) by written notice given to the holder of
the approval.
Transitional
(5) A fund has 90 days from the time when
subregulation (2) first applies to it to comply with that subregulation.
Commissioner must have
regard to guidelines when deciding whether to approve an arrangement
(6) When
deciding whether or not to approve an arrangement under paragraph (2)(e), the
Commissioner must have regard to any written guidelines determined by the
Commissioner under this subregulation.
This regulation does not
apply if acting trustee appointed
(7) This
regulation does not apply to a fund if the fund has an acting trustee appointed
under Part 17 of the Act. ”
This declaration is taken
to have commenced to have effect on 1 July 1995.
Dated 14 July 1995
F G H Pooley
Commissioner
MODIFICATION DECLARATION No 23
I, Thomas Karp, a delegate of the Australian
Prudential Regulation Authority, under section 332 of the Superannuation
Industry (Supervision) Act 1993 (the “Act”), DECLARE that:
1. Regulations 2.29, 5.08, 7.03, 9.08,
9.09, 9.17, 9.23, 9.24, 9.25, 9.29 and 9.30 of the Superannuation Industry
(Supervision) Regulations (the “Regulations”), (being operating standards
for the purposes of Part 3 of the Act); and
2. Regulations 1.03, 5.01, 5.04, 7.05,
9.01, 9.05, 9.06, 9.07, 9.10, 9.11, 9.12, 9.13, 9.14, 9.16, 9.18, 9.19, 9.20,
9.21, 9.22, 9.26, 9.27, 9.28 and 9.31, but only to the extent that they were
made for the purposes of Part 3 of the Act,
shall have effect, in relation to trustees and
members of superannuation entities (other than public sector superannuation
schemes), as if the following regulations were modified:
a. By omitting the definition of “defined benefit fund” in subregulation
1.03(1) and substituting:
“
“defined benefit fund” means:
(a) a
public sector superannuation scheme that:
(i) is a regulated superannuation fund; and
(ii) has at least 1 defined benefit member;
or
(b) a
regulated superannuation fund (other than a public sector superannuation
scheme) that has at least 1 defined benefit member;”
b. By omitting the definition of “defined benefit member” in subregulation
1.03(1) and substituting:
“
“defined benefit member” means a member (which, in this definition, has
the same meaning as “member” in subregulation 2.01(2)):
(a) entitled,
on retirement or termination of his or her employment, to be paid a benefit
defined, wholly or in part, by reference to either or both of the following:
(i) the
amount of:
(A) the member’s salary at a particular date,
being the date of the termination of the member’s employment or of the member’s
retirement or an earlier date; or
(B) the member’s salary averaged over a
period before retirement; or
(ii) a specified amount; or
(b) for
the purposes of determining the meaning of “defined benefit fund” in
regulations 2.29, 5.01, 5.04 and 7.05, Divisions 9.3 and 9.4 of Part 9, and
regulations 9.26, 9.27, 9.28, 9.29, 9.29A and 9.30, who is being paid a defined
benefit pension;”
c. By inserting the following definition into
subregulation 1.03(1):
“ “defined benefit pension” means a pension
under section 10 of the Act other than:
(a) a
pension wholly determined by reference to policies of life assurance purchased
or obtained by the trustee of a regulated superannuation fund solely for the
purposes of providing benefits to members of that fund; or
(b) a
pension that is provided under rules to which subregulation 1.06(4) applies (an
allocated pension);”
d. By inserting the following definition into regulation 9.01:
“
“defined benefit sub‑fund” means
a segment of a regulated superannuation fund (other than a public sector
superannuation scheme) that has the
following characteristics:
(a) the
segment has at least 1 defined benefit member who is being paid a defined
benefit pension from the fund; and
(b) the
segment has separately identifiable assets and separately identifiable
beneficiaries; and
(c) each
beneficial interest in the segment is an interest only in the assets of the
segment and not in any other assets of the regulated superannuation fund; and
(d) there
is no transfer of assets, benefits or money between the segment and any other
part of the regulated superannuation fund without a transfer of a corresponding
beneficial interest; and
(e) the
insurance and administration costs of the segment are attributable only to that
segment.
[Note: Paragraph (c) of this definition does not
prevent a beneficiary having more than one beneficial interest in one segment
or more than one beneficial interest in one regulated superannuation fund.]”
e. By inserting after “regulation 9.29” in the definition of “valuation
date” in regulation 9.27:
“ or regulation 9.29A”
f. By inserting after “regulations 9.29” in regulation 9.28:
“ , 9.29A”
g. By adding after regulation 9.29:
“9.29A(1) From
the date of commencement of this Modification Declaration:
(a) regulation
9.29 ceases to apply to trustees of defined benefit funds which have at least 1
defined benefit member who is being paid a defined benefit pension from the
fund; and
(b) those
trustees are required to comply with subregulations (2) and (3).
9.29A(2) Subject
to subregulation (3), a trustee of a defined benefit fund which has at least 1
defined benefit member who is being paid a defined benefit pension from the
fund, must require an actuarial investigation to be made in relation to the
fund:
First actuarial investigation after the commencement of this
Modification Declaration
(a) if
that fund is paying a defined benefit pension immediately before the
commencement of this Modification Declaration, then:
(i) in
the case of a fund in respect of which an actuarial investigation under
regulation 9.29 has been made, as at the date at which the next actuarial
investigation would have been required under regulation 9.29, had regulation
9.29 not ceased to apply under paragraph 9.29A(1)(a); and
(ii) in
all other cases, as at a date not later than 30 June 1999; and
(b) if that fund first pays a defined
benefit pension after the commencement of this Modification Declaration:
(i) as
at a date not later than 1 year; or
(ii) where
that fund is not an excluded fund,
as at a date otherwise determined in writing (if any) by the Chief Executive
Officer of
APRA in relation to the particular fund, which is not less than 1 year and not
more than 3 years;
after the
commencement day of that defined benefit pension;
Second and
further actuarial investigations after the commencement of this Modification
Declaration
and, in all cases,
further regular actuarial investigations must be made:
(c) for
a regulated superannuation fund which has at least 1 defined benefit member who
is being paid a defined benefit pension from the fund and which is not an
excluded fund,
as at a date:
(i) not
later than 1 year; or
(ii) otherwise
determined in writing (if any) by the Chief Executive Officer of APRA in relation to the
particular fund which is not less than 1 year and not more than 3 years; and
(d) in
all other cases, as at a date not later than 1 year;
after the date on
which the last actuarial investigation was made.
9.29A(3) With
respect to a regulated superannuation fund which has a defined benefit sub‑fund,
subregulation (2):
(a) applies
to the defined benefit sub‑fund; and
(b) does
not apply to require actuarial investigation in accordance with subregulation
(2) into other segments of that regulated superannuation fund, unless those
other segments are also defined benefit sub‑funds.”
h. By inserting after “regulation 9.29” in subregulation 9.30(1):
“ or regulation 9.29A”
i. By inserting after paragraph 9.31(1)(b):
“
(ba) for a regulated
superannuation fund which has at least 1 defined benefit member who is being
paid a defined benefit pension from the fund, a statement of the actuary’s
opinion on whether, at the valuation date, there is a reasonable degree of probability that the
fund will be able to pay the pension as required under the fund’s governing
rules; and”.
This declaration commences to have effect on the date that it is signed.
Dated 12 January 1999
(signed)
Tom Karp
Executive General Manager
Insurance and Superannuation Division
AMENDMENT OF
MODIFICATION DECLARATION No 23
I,
Graeme John Thompson, Chief Executive Officer of, and a delegate of, the
Australian Prudential Regulation Authority, under subsection 33(3) of the Acts
Interpretation Act 1901 and section 332 of the Superannuation Industry
(Supervision) Act 1993 (the Act), AMEND
modification declaration number 23, which was made on 12 January 1999:
a. By omitting “is
not an excluded fund” from subparagraph 9.29A(2)(b)(ii) and paragraph
9.29A(2)(c) of the Superannuation Industry (Supervision) Regulations 1994
(the SIS Regulations) (which were added by Part g of modification
declaration number 23) and substituting “has five or more members”; and
b. By omitting
“reasonable” from paragraph 9.31(1)(ba) of the SIS Regulations (which was added
by Part i of modification declaration number 23) and substituting “high”.
This declaration commences to
have effect on the day it is published in the Gazette.
Dated 18 October 2000
SIGNED
Graeme Thompson
Chief Executive Officer
AMENDMENT OF
MODIFICATION DECLARATION No 23
I,
Graeme John Thompson, Chief Executive Officer of, and a delegate of, the
Australian Prudential Regulation Authority, under subsection 33(3) of the Acts
Interpretation Act 1901 and section 332 of the Superannuation Industry
(Supervision) Act 1993, AMEND modification declaration number 23,
which was made on 12 January 1999 by omitting all references to “the Chief
Executive Officer of”, wherever it appears.
This
amendment is in addition to the amendment of modification declaration number 23
dated 18 October 2000.
This
declaration commences to have effect on the day it is published in the Gazette.
Dated 25 January 2001
[signed]
Graeme Thompson
Chief Executive Officer
MODIFICATION DECLARATION No 24
I,
Brandon Khoo, a delegate of APRA under section 332 of the Act, DECLARE that
subregulations 6.21(1) and 6.21(1A) of the Regulations are to have effect in
relation to trustees and members of superannuation entities as if they were
modified by inserting after subregulation 6.21(1A):
“(1B) During
the period 1 July 2004 to 30 June 2005, the benefits of a member (including a
member’s post‑65 employer‑financed benefits) are not required to be
cashed in accordance with paragraph 6.21(1)(a) or 6.21(1A)(a).
(1C) A
trustee’s failure to cash a member’s benefits (including a member’s post‑65
employer‑financed benefits) in accordance with paragraph 6.21(1)(a) or
6.21(1A)(a) during the period 1 July 2004 to the date of commencement of
Modification Declaration No 24 is not a breach of those paragraphs.”
This Declaration commences on the
date it is signed.
Dated 2 May 2005
[signed]
Brandon Khoo
Executive General Manager
Specialised Institutions Division
Interpretation
In this Declaration
Act means
the Superannuation Industry (Supervision) Act 1993
APRA
means the Australian Prudential Regulation Authority
Regulations means the Superannuation Industry (Supervision) Regulations 1994
MODIFICATION DECLARATION NO 26
I, Wayne
Stephen Byres, a delegate of the Australian Prudential Regulation Authority,
make this Modification Declaration under section 332 of the Superannuation
Industry (Supervision) Act 1993.
Dated 22 July 2005
[Signed]
Wayne Byres
Executive General Manager
Diversified Institutions Division
1 Name of Modification
Declaration
This
Modification Declaration is called Modification Declaration No 26.
2 Commencement
This
Modification Declaration is taken to have commenced on 12 May 2004.
3 Modifications
The
Superannuation Industry (Supervision) Regulations 1994 have effect, in
relation to superannuation entities and their trustees, as if they were
modified as specified in the Schedule.
Schedule Modifications
Add after subregulation
5.08(2):
(2A) Subregulation
(1) does not apply in relation to an amount of minimum benefits of a member
(the forfeited member) in an accumulation fund (the forfeiting
fund) that is not a self managed superannuation
fund if all the following conditions are satisfied:
1. The
amount is attributable only to non‑mandated employer contributions that
were made, for the benefit of the forfeited member, to:
(a) the
forfeiting fund; or
(b) another
regulated superannuation fund (other than a self managed superannuation fund)
of which the forfeited member was a member and in which the forfeited member
did not have a defined benefit interest.
2. The
forfeited member’s entitlement to the amount is subject to certain minimum
service provisions (the applicable minimum service provisions)
that are contained in one or more of the following:
(a) the governing rules
of the forfeiting fund;
(b) a written agreement
between the forfeited member and the forfeited member’s employer;
(c) an award relating to
the forfeited member’s conditions of employment;
(d) a certified agreement
relating to the forfeited member’s conditions of employment.
Note: Some
of the applicable minimum service provisions may be contained in one of the
documents mentioned in paragraphs (a) to (d) while others may be contained in
another of those documents.
3. The
forfeited member failed to satisfy the minimum service requirement contained in
the applicable minimum service provisions.
4. As
a result of that failure, the forfeited member lost their entitlement to the
amount.
5. Either:
(a) the
applicable minimum service provisions applied to the forfeited member during
the whole of the period (the post‑11 May 2004 period) from
11 May 2004 to the occurrence of the forfeiting event; or
(b) the
applicable minimum service provisions applied to the forfeited member during
the latter part of the post‑11 May 2004 period and predecessor minimum
service provisions applied to the member during the rest of the post‑11
May 2004 period.
6. If
paragraph (b) of condition 5 applies – the trustee of the forfeiting fund is
satisfied, on reasonable grounds, that the applicable minimum service
provisions are not more unfavourable to the forfeited member than the
predecessor minimum service provisions.
Note: An
example of the applicable minimum service provisions being more unfavourable to
the forfeited member than the predecessor minimum service provisions is where
the predecessor minimum service provisions specify a minimum service period of
10 years while the applicable minimum service provisions specify a minimum
service period of 12 years.
7. If
any of the applicable minimum service provisions are contained in the governing
rules of the forfeiting fund – the trustee of the forfeiting fund believes, on
reasonable grounds, that the provisions, or their effect, were disclosed to the
forfeited member in accordance with applicable disclosure requirements imposed
by or under the Act or the Corporations Act 2001.
8. The
contributions mentioned in condition 1 were required to be made by:
(a) the
applicable minimum service provisions; or
(b) predecessor
minimum service provisions.
Note 1: Note the use of the term required in condition 8.
If, under the applicable minimum service provisions or predecessor minimum
service provisions, the employer merely has a discretion to make non‑mandated
employer contributions to the fund for the benefit of the forfeited member, but
is not obliged to make the contributions, the exception in subregulation (2A)
will not apply to the minimum benefits financed by such discretionary
contributions.
Note 2: If a member
loses their entitlement to an amount of benefits in the manner described in
subregulation (2A), the amount cannot be paid out to the employer unless the
payment complies with section 117 of the Act.
(2B) In this regulation:
applicable minimum service
provisions has the meaning given in subregulation (2A).
award
means an award relating to conditions of employment which is made by an
employment tribunal under a law of the Commonwealth, a State or a Territory.
certified
agreement means an agreement relating to conditions of employment which
is certified by an employment tribunal under a law of the Commonwealth, a State
or a Territory.
employment
tribunal means a tribunal or body having
authority under a law of the Commonwealth, a State or a Territory to make an
award or to certify an agreement relating to conditions of employment.
forfeited member has
the meaning given in subregulation (2A).
forfeiting event, in
relation to the forfeited member, means the event (involving ceasing to be an
employee or member) which results in the forfeited member failing to satisfy
the minimum service requirement in the applicable minimum service provisions,
and consequently losing their entitlement to the amount of minimum benefits
mentioned in subregulation (2A).
forfeiting fund has
the meaning given in subregulation (2A).
minimum service provisions
has the meaning given in subregulation (2C).
minimum service requirement
has the meaning given in subregulation (2C).
non‑mandated employer
contributions means employer contributions other than mandated employer
contributions.
predecessor minimum service provisions has
the meaning given in subregulation (2D).
(2C) In this regulation, minimum service provisions
means provisions that satisfy all the following conditions:
1. The provisions are
contained in one or more of the following:
(a) the governing rules
of a regulated superannuation fund (other than a self managed superannuation
fund);
(b) a written agreement
between a member of the fund and the member’s employer;
(c) an award relating to
the member’s conditions of employment;
(d) a certified agreement
relating to the member’s conditions of employment.
Note: Some
of the minimum service provisions may be contained in one of the documents
mentioned in paragraphs (a) to (d) while others may be contained in another of
those documents.
2. The
provisions require the member’s employer to make non‑mandated employer
contributions to the fund for the benefit of the member.
3. The
provisions make the member’s entitlement to the benefits that are attributable
to those non‑mandated employer contributions conditional or contingent on
the member satisfying a stipulation (a minimum service requirement)
contained in the provisions that the member be, for a specified minimum period
(a minimum service period):
(a) an employee (or a
particular class or category of employee) of the employer; or
(b) an employee (or a
particular class or category of employee) of a person (a previous
employer) who previously carried on the business of the employer; or
(c) an employee (or a
particular class or category of employee) of a related body corporate (a related
employer) of the employer or a previous employer; or
(d) a member (or a
particular class or category of member) of the fund; or
(e) a member (or a
particular class or category of member) of another regulated superannuation
fund (other than a self managed superannuation fund) to which the employer, a
previous employer or a related employer made contributions for the benefit of
the member.
Note: The
minimum service requirement may require the member to belong to only one of the
categories mentioned in paragraphs (a) to (e), or to only some of those
categories. For example, a given minimum service requirement may require the
member to be an employee of either the employer or a related employer for a
minimum of 10 years.
Also,
a minimum service requirement may permit the member to be in different
categories during different parts of the minimum service period (as long as the
member is in one or other of those categories at all times during that period).
(2D) In this regulation, predecessor
minimum service provisions, in relation to the applicable minimum service provisions,
means:
(a) an earlier version of the
applicable minimum service provisions, which applied to the forfeited member when
they were a member of the forfeiting fund; or
(b) other minimum service
provisions, which applied to the forfeited member when they were a member of
another regulated superannuation fund (other than a self managed superannuation
fund) from which they were subsequently transferred to the forfeiting fund.
Superannuation
Industry (Supervision) modification declaration No. 2 of 2006
Superannuation Industry (Supervision) Act 1993
I, Thomas Karp, a
delegate of APRA, under section 332 of the Superannuation Industry
(Supervision) Act 1993 (the Act), DECLARE that regulation 4.16 of the
Regulations has effect as if it were modified as specified in the attached
Schedule.
The declaration comes
into force upon registration on the Federal Register of Legislative Instruments
and ceases to have effect on 1 July 2007.
Dated 29 June 2006
[signed]
………………………
Thomas Karp
Executive General Manager
Supervisory Support Division
Interpretation
In this Notice
APRA means
the Australian Prudential Regulation Authority.
Federal
Register of Legislative Instruments means the register established
under section 20 of the Legislative Instruments Act 2003.
Regulations
means the Superannuation Industry (Supervision) Regulations 1994.
Note 1 This instrument is a
legislative instrument for the purposes of the Legislative Instruments Act
2003 (the LIA) (see section 5 and Item 15 of section 7 of the LIA).
Under section 56 of the LIA, the obligation under section 336 of the Act, to
publish this exemption in the Gazette, is satisfied by its registration on the
Federal Register of Legislative Instruments.
Note 2 Under paragraph (zb) of the definition of reviewable
decision in subsection 10(1) of the Act, the decision to make this
declaration is a reviewable decision. If you are dissatisfied with this
decision, you may request APRA to reconsider it in accordance with subsection
344(1) of the Act. The request for reconsideration must be made in writing,
must set out the reasons for making the request, and must be given to APRA within
21 days after the day on which you first received notice of this decision, or
within such further period as APRA allows. If you are dissatisfied with the
outcome of APRA’s reconsideration of the decision, you may, subject to the Administrative
Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for
review of the reconsidered decision.
Note 3 The address where the request for reconsideration
referred to in this instrument may be given to APRA, is Level 26, 400 George
Street, Sydney, NSW 2000.
Schedule —
the class of persons to whom this declaration applies
All RSE licensees
Schedule — the manner in which the specified
modifiable provision is modified
Regulation 4.16 of the
Regulations is modified by including, after subregulation 4.16(6):
(6A) However,
subregulation (6) does not apply to a material outsourcing agreement between an
RSE licensee of a registrable superannuation entity and a custodian to the
extent that:
(a)
the agreement or arrangement is between the custodian and another
service provider that is a sub‑custodian; and
(b)
the material outsourcing agreement contains a provision that the
custodian accepts responsibility for liability arising from the failure of the
sub‑custodian to exercise reasonable care in the custody of the assets of
the registrable superannuation entity.
(6B) For the purposes of
subregulation (6A), the liability of a custodian to an RSE licensee must not be
dependent upon any recovery of losses by the custodian from the sub‑custodian.
(6C) For the purposes of
subregulations (6A) and (6B), a sub‑custodian means a
person (other than an RSE licensee of a registrable superannuation entity or a
securities depository) who, under a written contract with a custodian, holds
assets of a registrable superannuation entity.
(6D) For
the purposes of subregulation (6C), securities depository means a
book‑entry or other settlement system or clearing house or agency through
which a custodian or a sub‑custodian may transfer, settle, clear, deposit
or maintain securities, whether in certificated or uncertificated form, and
includes any services provided by any network service provider or carriers or
settlement banks used by a settlement system or clearing house or agency.
Superannuation
Industry (Supervision) modification declaration No. 3 of 2006
Superannuation Industry (Supervision) Act 1993
I, Thomas Karp, a delegate of APRA, under section 332 of the Superannuation
Industry (Supervision) Act 1993 (the Act), DECLARE that regulation 6.21 of
the Regulations has effect in relation
to the
class of persons described in
the attached
Schedule, as if it were modified
in the manner specified in the attached
Schedule.
The declaration comes
into force upon registration on the Federal Register of Legislative Instruments
and ceases to have effect on 1 July 2007.
Dated 29 June 2006
[signed]
………………………
Thomas Karp
Executive General Manager
Supervisory Support Division
Interpretation
In this instrument
APRA means the Australian Prudential Regulation Authority.
Federal Register of Legislative Instruments means
the register established under section 20 of the Legislative Instruments Act 2003.
Regulations means the Superannuation Industry (Supervision) Regulations 1994.
\
Note
1 This instrument is a legislative instrument for the purposes
of the Legislative Instruments
Act
2003 (the LIA) (see
section 5 and Item 15
of section
7 of
the LIA).
Under section 56 of the
LIA, the obligation
under section 336 of the Act, to publish this exemption in the Gazette, is satisfied by its
registration on the Federal Register of
Legislative Instruments.
Note
2 Under paragraph (zb) of
the definition
of reviewable decision in subsection 10(1) of the Act, the decision to make this declaration is a
reviewable decision. If you are dissatisfied with this decision,
you may request APRA to reconsider it in accordance with subsection 344(1) of the Act.
The request
for reconsideration
must be made in writing,
must set out the reasons
for making
the
request, and must be given to APRA within 21 days
after the day on which you first received notice of this
decision, or within such further period as APRA allows. If you are dissatisfied
with the outcome of APRA’s reconsideration of the decision, you may,
subject to the Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review
of the
reconsidered decision.
Note 3 The address where the request for
reconsideration referred to in this instrument may be given to APRA, is Level
26, 400 George Street, Sydney, NSW 2000.
Schedule — the class of persons
to whom
this declaration applies
Trustees of regulated superannuation funds
Schedule — the manner in which
the specified modifiable provisions are modified
Regulation 6.21 is to have effect in relation to trustees and members of superannuation
entities as if it was
modified, by inserting after subregulation
6.21(1C)
(as inserted by Modification Declaration No 24):
“6.21(1D) During
the period
10 May
2006 to 30 June 2007:
(i) a member’s
benefits in a regulated superannuation fund (other than the
member’s post‑65 employer‑financed
benefits) are not required to
be cashed in accordance with paragraphs 6.21(1)(a), 6.21(1)(b) or 6.21(1)
(c); and
(ii) a member’s post‑65 employer‑financed
benefits are not required to be cashed in accordance with paragraphs 6.21(1A)(a) or 6.21(1A)(b).
6.21 (1E)
The cashing
of a
member’s benefits (including the member’s post‑65 employer‑financed
benefits) by a trustee during
the period
10 May
2006 to the date of registration
of this
modification declaration is not
a breach
of regulation 6.21 as modified.
Superannuation
Industry (Supervision) modification declaration No. 1 of 2007
Superannuation Industry (Supervision) Act 1993
I, Thomas Karp, a delegate of
APRA, under section 332 of the Superannuation Industry (Supervision) Act
1993 (the Act), DECLARE that regulation 4.16 of the Regulations has effect
in relation to the class of persons described in the attached Schedule, as if
it were modified in the manner specified in the attached Schedule.
This declaration comes into force on 1
July 2007.
Dated 28 June 2007
[Signed]
Thomas Karp
Executive General Manager
Supervisory Support Division
Interpretation Document ID: 129791
In this instrument
APRA
means the Australian Prudential Regulation Authority.
Federal
Register of Legislative Instruments means the register
established under section 20 of the Legislative
Instruments Act 2003.
Regulations
means the Superannuation
Industry (Supervision) Regulations 1999.
Note 1 This instrument is a legislative instrument for the
purposes of the Legislative
Instruments Act 2003 (the LIA) (see
section 5 and Item 15 of section 7 of the LIA). Under section 56 of the LIA,
the obligation under section 336 of the Act, to publish this exemption in the
Gazette, is satisfied by its registration on the Federal Register of
Legislative Instruments.
Note 2 Under
paragraph (zb) of the definition of reviewable decision in subsection 10(1) of the Act, the
decision to make this declaration is a reviewable decision. If you are
dissatisfied with this decision, you may request APRA to reconsider it in
accordance with subsection 344(1) of the Act. The request for reconsideration
must be made in writing, must set out the reasons for making the request, and
must be given to APRA within 21 days after the day on which you first received
notice of this decision, or within such further period as APRA allows. If you
are dissatisfied with the outcome of APRA’s reconsideration of the decision,
you may, subject to the Appeals Tribunal Act 1975, apply to the Administrative Appeals
Tribunal for review of the reconsidered decision.
Note 3 The
address where the request for reconsideration referred to in this instrument
may be given to APRA, is Level 26, 400 George Street, Sydney, NSW 2000.
Schedule ‑ the class of
persons to whom this declaration applies
Schedule ‑ the class of persons
to whom this declaration applies
All RSE Licensees
Schedule – the manner in which the
specified modifiable provisions are modified
Regulation 4.16
of the Regulations is modified by including, after subregulation 4.16(6):
(6A) Subregulation
(6) does not apply to a material outsourcing agreement between an RSE licensee
of a registrable superannuation entity and a custodian, to the extent that:
(a) the agreement or
arrangement is between:
(i) the custodian and a sub‑custodian;
or
(ii)
a sub‑custodian and another sub‑custodian; and
(b) the material outsourcing agreement contains
a provision that the custodian accepts responsibility for any liability arising
from the failure of any sub‑custodian to exercise reasonable care in the
custody of the assets of the registrable superannuation entity.
(6B) For the
purposes of subregulation (6A), the liability of a custodian to an RSE licensee
must not be dependent upon any recovery of losses by the custodian from any sub‑custodian.
(6C) For the
purposes of subregulations (6A) and (6B), a sub‑custodian means a
person (other than an RSE licensee of a registrable superannuation entity or a
securities depository) who, under a written contract with a custodian or
another sub‑custodian, performs any custodial function, in relation to
the assets of a registrable superannuation entity, that the custodian is
required to perform under a written contract with the RSE licensee of the
registrable superannuation entity.
(6D) For the
purposes of subregulation (6C), securities
depository means a book‑entry or other settlement system or
clearing house or agency through which a custodian or a sub‑custodian may
transfer, settle, clear, deposit or maintain securities, whether in
certificated or uncertificated form, and includes any services provided by any
network service provider or carriers or settlement banks used by a settlement
system or clearing house or agency.
Superannuation
Industry (Supervision) modification declaration No. 2 of 2007
Superannuation Industry
(Supervision) Act 1993
I, Thomas Karp, a delegate of APRA, under
section 332 of the Superannuation Industry (Supervision) Act 1993
(the Act), DECLARE that 7.04 of the Regulations has effect in relation to the class of persons
described in the attached Schedule, as if it were modified
in the manner specified in the attached
Schedule.
This declaration comes into force upon
registration of this instrument on the Federal Register of Legislative
Instruments.
Dated 31 July 2007
[Signed]
Thomas Karp
Executive General Manager
Supervisory Support Division
Interpretation Document ID: 147630
In this
instrument
APRA means the Australian Prudential Regulation Authority.
Federal Register
of Legislative Instruments means the register
established under section
20 of the Legislative Instruments Act 2003.
Regulations means the Superannuation Industry
(Supervision) Regulations 1994.
Note 1 This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA) (see section 5 and Item 15 of section 7 of the LIA). Under section 56 of the LIA, the obligation
under section 336 of the Act, to publish this exemption in the Gazette, is satisfied by its registration on the Federal Register of Legislative Instruments.
Note 2 Under paragraph (zb) of the definition of reviewable decision in subsection 10(1) of the Act, the decision to make this declaration is a reviewable decision. If you are dissatisfied with this decision, you may request APRA to reconsider it in accordance with subsection 344(1) of the Act. The request for reconsideration must be made in writing, must set out the reasons for making the request, and must be given to APRA within 21 days after the day on which you first received notice of this decision, or within such further period as APRA allows. If you are dissatisfied with the outcome of APRA’s reconsideration of the decision, you may, subject to the Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review of the reconsidered decision.
Note 3 The address where the request for reconsideration referred to in this instrument may be given to APRA, is Level 26, 400 George
Street, Sydney, NSW 2000.
Schedule ‑ the class of persons to whom this declaration applies
All RSE Licensees
Schedule ‑ the manner in which the
specified modifiable provisions are modified
Regulation 7.04 of the Regulations is modified by
replacing subparagraph (4)(a)(i) with:
for an amount received
in a manner that is inconsistent with subregulation (2):
(A) the member's
tax file number is quoted (for superannuation purposes) within 30 days of this amount being received by the
trustee of the fund; or
(B) the member’s
only interest in the fund is a risk insurance interest and, by 31 December 2007:
I. the member's
tax file number is quoted (for
superannuation purposes); or
II the
trustee of the fund returns the amount received to the entity or person that
paid the amount; or
Superannuation
Industry (Supervision) modification declaration No. 3 of 2007
Superannuation Industry
(Supervision) Act 1993
I, Wayne Byres, a delegate
of APRA, under
section 332 of the Superannuation Industry (Supervision) Act 1993
(the Act), DECLARE that subregulation 7.04(4) of the Regulations
has effect in relation to the class of persons
described in the attached Schedule, as if it were modified in the manner specified in
the attached Schedule.
This declaration comes into force upon registration of this instrument on the Federal
Register of Legislative Instruments.
Dated 19 November 2007
[Signed]
Wayne Byres
Executive General Manager
Diversified Institutions Division
Interpretation Document ID: 150538
In this
instrument
APRA means the Australian Prudential Regulation Authority.
Federal Register
of Legislative Instruments means the register
established under section
20
of the Legislative Instruments Act 2003.
Regulations means the Superannuation Industry
(Supervision) Regulations 1994.
Note 1 This
instrument is a legislative instrument for the purposes of the Legislative Instruments
Act 2003 (the LIA) (see section 5 and Item 15 of section 7 of the LIA). Under
section 56 of the LIA, the obligation under section 336 of the Act, to publish
this exemption in the Gazette, is satisfied by its registration on the Federal
Register of Legislative Instruments.
Note 2 Under
paragraph (zb) of the definition of reviewable decision in subsection 10(1) of
the Act, the decision to make this declaration is a reviewable decision. If you
are dissatisfied with this decision, you may request APRA to reconsider it in
accordance with subsection 344(1) of the Act. The request forreconsideration
must be made in writing, must set out the reasons for making the request, and
must be given to APRA within 21 days after the day on which you first received
notice of this decision, or within such further period as APRA allows. If you
are dissatisfied with the outcome of APRA’s reconsideration of the decision, you
may, subject to the Appeals Tribunal Act 1975, apply to the Administrative
Appeals Tribunal for review of the reconsidered decision.
Note
3 The address where the request for reconsideration referred
to in this instrument may be given toAPRA, is Level 26, 400 George Street,
Sydney NSW 2000.
Schedule ‑ the class of persons to whom this declaration applies
All RSE licensees
Schedule ‑ the manner in which the specified modifiable provisions are modified
Subregulation 7.04(4) of the Regulations, as modified by Modification Declaration No.2 of 2007, is
modified by inserting at the end of paragraph (a):
“(C) the
amount was a government co‑contribution payment in respect
of a member contribution, where the member contribution was made
prior to 1 July 2007; or”