Superannuation Industry (Supervision) Act 1993

PART 1 - PRELIMINARY  

Division 1 - Preliminary  

SECTION 5   GENERAL ADMINISTRATION OF ACT  

5(1)    
Subject to this section, the general administration of a provision is determined under the general administration table in section 6 . If a provision is covered by column 1 of the table, the general administration of the provision is conferred on a person, body or bodies in accordance with column 3 of the table.

5(2)    
Powers and duties are also conferred by the provisions referred to in subsection (3) of this section on:

(a)    APRA for the purposes of APRA ' s administration of the provisions it administers (including provisions both APRA and ASIC administer); and

(b)    ASIC for the purposes of ASIC ' s administration of the provisions it administers (including provisions both APRA and ASIC administer); and

(c)    the Commissioner of Taxation for the purposes of the administration of the provisions the Commissioner of Taxation administers.

5(3)    
The provisions are Parts 1 , 25 , 26 , 27 , 28 , 29 , 29A and 30 , but not including any of the following provisions:

(a)    Division 3 of Part 25 (see instead item 58 of the general administration table);

(b)    sections 328 and 332 (see instead subsection (8) of this section).

Note:

Generally APRA, ASIC and the Commissioner of Taxation are not referred to in these provisions, Regulator is used instead. See the definition of Regulator in section 10 .

Special rules about ASIC

5(4)    
Despite paragraph (2)(b) :

(a)    powers and duties conferred on ASIC by section 255 are conferred only in relation to persons who are relevant persons in relation to superannuation entities; and

(b)    powers and duties conferred on ASIC by section 256 are conferred only in relation to the affairs of superannuation entities.

Special rules about the Commissioner of Taxation

5(5)    
Despite paragraph (2)(c) :

(a)    powers and duties conferred on the Commissioner of Taxation by Divisions 4 to 8 of Part 25 (other than section 285 ) are conferred only in relation to:

(i) persons who are relevant persons in relation to superannuation entities; and

(ii) the affairs of superannuation entities; and

(b)    powers and duties are not conferred on the Commissioner of Taxation by section 342 (about pre-1 July 88 funding credits and debits).

5(6)    
Nothing in subsection (5) limits the powers and duties conferred on the Commissioner of Taxation by Part 25 (as mentioned in paragraph (2)(c) ) in relation to contributing employers.

Note:

The Commissioner of Taxation ' s powers and duties under Part 25 in relation to contributing employers are found in sections 255 and 256 , with related provisions in Divisions 7 , 8 and 9 of that Part.

5(7)    
To avoid doubt, for the purposes of the definition of taxation law in subsection 995-1(1) of the Income Tax Assessment Act 1997 , the Commissioner of Taxation is taken to have the general administration of a provision of this Act or the regulations that confers powers and duties on the Commissioner of Taxation.

Note:

An effect of a provision being administered by the Commissioner of Taxation is that people who acquire information under the provision are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1 to the Taxation Administration Act 1953 .

Modification and exemption powers

5(8)    
Powers and duties are also conferred by sections 328 and 332 on:

(a)    APRA for the purposes of the administration of provisions administered by APRA (including provisions both APRA and ASIC administer) or by the Commissioner of Taxation; and

(b)    ASIC for the purposes of the administration of provisions administered solely by ASIC.

Directions

5(9)    
The Minister may, by legislative instrument, give APRA or ASIC directions about the performance or exercise of its functions or powers under this Act.