PART 7
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PRUDENTIAL PROVISIONS
Division 2
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Application of the Superannuation Industry (Supervision) Act 1993
SECTION 120
Covenants to be included in governing rules
-
investment management
120(1)
The
Superannuation Industry (Supervision) Act 1993
applies in accordance with subsection
114(2)
with the modifications set out in this section.
120(2)
Treat the reference in paragraph
52(2)(b)
of the
Superannuation Industry (Supervision) Act 1993
to a
"
prudent superannuation trustee
"
as a reference to a prudent FHSA provider.
History
S 120(2) substituted by No 61 of 2013, s 3 and Sch 1 item 26, effective 1 July 2013. S 120(2) formerly read:
120(2)
Insert at the beginning of paragraph
52(2)(f)
of the
Superannuation Industry (Supervision) Act 1993
"
if paragraph (fa) does not apply
-
"
.
120(3)
After subparagraph
52(6)(a)(vii)
of the
Superannuation Industry (Supervision) Act 1993
, insert the following subparagraph:
"
(viia)
if the trustee holds an authorisation as an FHSA provider
-
the risk of capital losses in light of the purpose of the FHSA and the minimum term of the FHSA having regard to subparagraph
32(1)(c)(i)
or (ii) of the
First Home Saver Accounts Act 2008
;
"
History
S 120(3) substituted by No 61 of 2013, s 3 and Sch 1 item 26, effective 1 July 2013. S 120(3) formerly read:
120(3)
Add at the end of paragraph
52(2)(f)
of the
Superannuation Industry (Supervision) Act 1993
the following subparagraph:
"
(v)
the risk of capital losses in light of the purpose of the FHSA and the minimum term of the FHSA having regard to subparagraph 32(1)(c)(i) or (ii) of the
First Home Saver Accounts Act 2008
;
"
120(4)
Treat the reference in paragraph
52A(2)(b)
of the
Superannuation Industry (Supervision) Act 1993
to a
"
prudent superannuation entity director
"
as a reference to a prudent director of an FHSA provider.
History
S 120(4) substituted by No 61 of 2013, s 3 and Sch 1 item 26, effective 1 July 2013. S 120(4) formerly read:
120(4)
Insert after paragraph
52(2)(f)
of the
Superannuation Industry (Supervision) Act 1993
the following paragraph:
"
(fa)
if the FHSA provider allows individual FHSA holders to choose between investment options specified by the FHSA provider
-
to formulate and give effect to an investment strategy for each option having regard to the matters mentioned in subparagraphs 52(2)(f)(i), (ii), (iii), (iv) and (v);
"
120(5)
(Repealed by No 61 of 2013)
History
S 120(5) repealed by No 61 of 2013, s 3 and Sch 1 item 26, effective 1 July 2013. S 120(5) formerly read:
120(5)
Omit subsection
52(4)
of the
Superannuation Industry (Supervision) Act 1993
.
120(6)
(Repealed by No 61 of 2013)
History
S 120(6) repealed by No 61 of 2013, s 3 and Sch 1 item 26, effective 1 July 2013. S 120(6) formerly read:
120(6)
Treat the reference in subsection
55(5)
of the
Superannuation Industry (Supervision) Act 1993
to
"
an investment strategy formulated under a covenant referred to in paragraph 52(2)(f)
"
as including a reference to an investment option formulated under a covenant referred to in paragraph 52(2)(fa) of that Act (as it applies because of subsection (4) of this section).
120(7)
(Repealed by No 61 of 2013)
History
S 120(7) repealed by No 61 of 2013, s 3 and Sch 1 item 26, effective 1 July 2013. S 120(7) formerly read:
120(7)
Replace paragraph
58(2)(d)
of the
Superannuation Industry (Supervision) Act 1993
with the following paragraph:
"
(d)
a direction given by an FHSA holder by way of a choice mentioned in paragraph 52(2)(fa); or
"