PART 15
-
STANDARDS FOR TRUSTEES, CUSTODIANS AND INVESTMENT MANAGERS OF SUPERANNUATION ENTITIES
Division 2
-
Requirements for custodians and investment managers
History
Div 2 heading inserted by No 25 of 2008, s 3 and Sch 1 item 53, effective 26 May 2008.
SECTION 122
INVESTMENT MANAGER MUST NOT APPOINT OR ENGAGE CUSTODIAN WITHOUT THE TRUSTEE'S CONSENT
122(1)
An investment manager of a superannuation entity must not appoint or engage a custodian of the entity without the written consent of the trustee, or the trustees, of the entity.
History
S 122(1) amended by No 53 of 2004, s 3 and Sch 2 item 197, by inserting
"
, or the trustees,
"
after
"
the trustee
"
, effective 1 July 2004.
122(2)
The investment manager commits an offence if the investment manager contravenes subsection (1). This is an offence of strict liability.
Penalty: 50 penalty units.
Note 1:
Chapter 2 of the
Criminal Code
sets out the general principles of criminal responsibility.
Note 2:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 122(2) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 60, by substituting
"
Penalty
"
for
"
Maximum penalty
"
in the penalty, effective 27 July 2010.
S 122(2) substituted by No 160 of 2000, s 3 and Sch 3 item 58, effective 18 January 2001. S 122(2) formerly read:
122(2)
A person who intentionally or recklessly contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 50 penalty units.