Superannuation Industry (Supervision) Regulations 1994

Pt 3A inserted by SR No 113 of 2004, reg 3 and Sch 1 item 3, effective 1 July 2004.

Div 3A.4 repealed by SLI No 91 of 2015, reg 4 and Sch 1 item 35, effective 1 July 2015. SLI No 91 of 2015, reg 4 and Sch 1 items 40 to 45 contains the following application and transitional provisions:

Part 3 - Application and transitional provisions

40 General savings provision  
40
The repeals and amendments made by this Schedule do not apply in relation to acts done or omitted to be done, or states of affairs existing:

(a) before 1 July 2015; or

(b) on or after 1 July 2015 as a result of the operation of:

(i) Part 3 of Schedule 1 to the Tax and Superannuation Laws Amendment (2015 Measures No 1) Act 2015 ; or

(ii) this Part (including this item).

41 Making and amending assessments, and doing other things, in relation to past matters  
41
Even though a legislative instrument is amended by this Schedule, the amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument:

(a) making or amending an assessment (including under a provision that is itself repealed or amended);

(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);

in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.

42 Saving of provisions about effect of assessments  
42
If a provision or part of a provision that is repealed or amended by this Schedule deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies. 43 Repeals disregarded for the purposes of dependent provisions  
43
If the operation of a provision (the subject provision ) of any Act or legislative instrument made under any Act depends to any extent on a provision of a legislative instrument that is repealed by this Schedule, the repeal is disregarded so far as it affects the operation of the subject provision. 44 Interaction with other laws  
44
This Part does not limit the operation of section 7 of the Acts Interpretation Act 1901 . 45 Repeal of this Part  
45
This Part is repealed on 1 January 2020.

Div 3A.4 inserted by SLI No 171 of 2008, reg 3 and Sch 1 item 2, effective 9 August 2008.

Reg 3A.07 repealed by SLI No 91 of 2015, reg 4 and Sch 1 item 35, effective 1 July 2015. For application and transitional provisions see note under Div 3A.4 heading. Reg 3A.07 formerly read:

REGULATION 3A.07 CONDITIONS ON RSE LICENCES OF FHSA PROVIDERS  
3A.07(1)
For subsection 29E(7) of the Act, this regulation sets out conditions that apply to RSE licences of RSE licensees that hold authorisations as FHSA providers under Part 7 of the FHSA Act.

3A.07(2)
An RSE licensee must not:

(a) appoint or engage a person to be; or

(b) allow a person to act as;

an investment manager or custodian of a superannuation entity if the person is a disqualified person under Part 15 of the Act as applied by Division 2 of Part 7 of the FHSA Act.

3A.07(3)
An RSE licensee that becomes aware that it has breached the condition specified in subregulation (2) must, as soon as practicable after so becoming aware, remove the person from the position of investment manager or custodian of the trust.

Reg 3A.07 inserted by SLI No 171 of 2008, reg 3 and Sch 1 item 2, effective 9 August 2008.