Superannuation Industry (Supervision) Regulations 1994

Part 2 heading substituted by SR No 21 of 2002, reg 3 and Sch 1 item 1, effective 11 March 2002. The heading formerly read:

PART 2 - INFORMATION FOR MEMBERS AND OTHERS

Div 2.6 inserted by SLI No 155 of 2013, reg 4 and Sch 1 item 91, effective 1 July 2013.

Former Div 2.6 omitted by SR No 21 of 2002, reg 3 and Sch 1 item 26, effective 11 March 2002. Div 2.6 heading formerly read " Information on request " .

Reg 2.38 repealed by FRLI No F2023L00990, reg 4 and Sch 1 item 38, effective 8 July 2023. Reg 2.38 formerly read:

REGULATION 2.38 OBLIGATION TO MAKE INFORMATION PUBLICLY AVAILABLE - RSE LICENSEE OF REGISTRABLE SUPERANNUATION ENTITY  
2.38(1)
This regulation is made for paragraph 29QB(1)(b) of the Act.

2.38(2)
The following documents and information relating to the registrable superannuation entity are prescribed (if applicable):
(a) both:

(i) a current version of the trust deed; and

(ii) any material not incorporated in the current version of the trust deed;

(b) the governing rules;
(c) rules relating to the nomination, appointment and removal of trustees or trustee directors;
(d) the most recent actuarial report for each defined benefit fund;
(e) the most recent product disclosure statement for each superannuation product (within the meaning of Chapter 7 of the Corporations Act 2001 ) offered by the entity;
(ea) if both of the following circumstances exist:

(i) APRA has given the trustee or trustees of the entity a notification of a determination under subsection 60C(2) of the Act that the requirement in subsection 60D(1) of the Act has not been met for a Part 6A product offered by the entity, in relation to a financial year;

(ii) APRA had not given the trustee or trustees a notification of another determination under subsection 60C(2) of the Act that that requirement had not been met for the Part 6A product, in relation to the previous financial year;

a description of those circumstances.
(f) the annual report for the previous financial year;
(g) the financial services guide;
(h) a summary of each significant event or material change notice made to members within the previous 2 years;
(i) the name and Australian Business Number of each outsourced service provider who provides a service which may affect a material business activity of the entity;
(j) the following information about each executive officer of the RSE licensee of the entity or each individual trustee of the entity ( relevant person ):

(i) the relevant person ' s name;

(ii) the qualifications of the relevant person;

(iii) a summary of the relevant person ' s experience as a trustee or board member, including the periods during which the relevant person served as a trustee or board member;

(k) the record of attendance at board meetings for each director for:

(i) the last 7 financial years; or

(ii) if the director has served for a period of less than 7 years - that period;

(l) a register of relevant interests and a register of relevant duties;
(m) a summary of the conflicts management policy;
(n) the proxy voting policies;
(o) a summary of when, during the previous financial year, and how the entity has exercised its voting rights in relation to shares in listed companies.

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History

Reg 2.38(2) amended by FRLI No F2021L01077, reg 4 and Sch 1 item 2, by inserting para (ea), effective 6 August 2021. For transitional provision, see s 14.28.

2.38(3)
The following documents or information relating to the RSE licensee are prescribed:
(a) if the RSE licensee is a body corporate - the constitution;
(b) the annual financial statement for the previous financial year.

2.38(4)
In this regulation a requirement that is expressed to apply to a defined benefit fund may be met by the requirement being satisfied in relation to each defined benefit sub-fund in the defined benefit fund.

[ CCH Note: For modifications to the operation of reg 2.38 , see the CCH Notes below former s 29QB of the SIS Act.]

Reg 2.38 inserted by SLI No 155 of 2013, reg 4 and Sch 1 item 91, effective 1 July 2013.

Former reg 2.38 omitted by SR No 21 of 2002, reg 3 and Sch 1 item 26, effective 11 March 2002. Reg 2.38 formerly read:

REGULATION 2.38 DOCUMENTS MAY BE MADE AVAILABLE FOR INSPECTION  
2.38
It is sufficient compliance with a requirement under this Division to give information, or to give a copy of a document, to a person if:

(a) a document containing the information; or

(b) a copy of the document;

as the case requires, is made available for inspection by the person:

(c) at a suitable place (having adequate facilities for the person to inspect and photocopy the document); and

(d) during normal business hours;

or as otherwise agreed between the trustee of a superannuation entity who is required to give the information to the person, and the person.