Financial Sector Reform (Hayne Royal Commission Response) Act 2020 (135 of 2020)
Schedule 9 Adjustment of APRA and ASIC's roles in superannuation
Part 2 Adjustments relating to financial services
Superannuation Industry (Supervision) Act 1993
63 Subsection 56(2)
Repeal the subsection, substitute:
(2) A provision in the governing rules of a superannuation entity is void in so far as it would have the effect of exempting a trustee of the entity from, or indemnifying a trustee of the entity against:
(a) liability for breach of trust if the trustee:
(i) fails to act honestly in a matter concerning the entity; or
(ii) intentionally or recklessly fails to exercise, in relation to a matter affecting the entity, the degree of care and diligence that the trustee was required to exercise; or
(b) liability for an amount of a criminal, civil or administrative penalty incurred by the trustee of the entity in relation to a contravention of a law of the Commonwealth (including this Act); or
(c) the payment of any amount payable under an infringement notice (however described) given under a law of the Commonwealth (including this Act); or
(d) liability for the costs of undertaking a course of education in compliance with an education direction (within the meaning of this Act).