Superannuation Industry (Supervision) Act 1993

PART 25 - MONITORING AND INVESTIGATION  

Division 6 - Reports  

SECTION 284   REPORT OF INSPECTOR  

284(1)   [Investigation report]  

An inspector must, on completion or termination of an investigation, prepare a report about the investigation.

284(2)   [Contents of report]  

The report must set out:

(a) the inspector's findings about the matters investigated; and

(b) the evidence and other material on which these findings were based; and

(c) such other matters relating to or arising out of, the investigation as the inspector thinks fit.

284(3)   [Copies of report]  

The Regulator:

(a) must give a copy of the report to:

(i) each trustee of the superannuation entity to which the investigation related; or

(ii) the approved SMSF auditor to whom the investigation related; or

(iii) the person who conducted, or is conducting, the audit to which the investigation related; and

(b) if the report, or a part of the report, relates to the affairs of another person to a material extent - may, on the Regulator's own initiative or at the request of that person, give a copy of the report or part of that report, to that person; and

(c) if the report, or a part of the report, relates to a contravention of a law of the Commonwealth, of a State or of a Territory - may give a copy of the whole or a part of the report to:

(i) the Australian Federal Police; or

(ii) the Chief Executive Officer of the Australian Crime Commission; or

(iii) the Director of Public Prosecutions; or

(iv) a prescribed agency.

284(4)   [Copies for APRA and ASIC]  

APRA and ASIC must give each other a copy of any reports they prepare under this section.

284(5)    

ASIC and the Commissioner of Taxation must give each other a copy of any report they prepare under this section in relation to:

(a) a self managed superannuation fund; or

(b) an approved SMSF auditor; or

(c) a person who conducted, or is conducting, an audit of a self managed superannuation fund.