Treasury Laws Amendment (Financial Reporting and Auditing of Registrable Superannuation Entities) Regulations 2023 (F2023L00990)
Schedule 1 Amendments
Corporations Regulations 2001
6 At the end of Division 2E of Part 7.9
Add:
Subdivision 2E.3 - Additional obligations to provide information
7.9.07ZB Obligation to provide information to the holder of a superannuation product via website
(1) This regulation is made for the purposes of paragraph 1017DA(1)(a) of the Act.
(2) The trustee of a superannuation entity (other than an entity referred to in subparagraph (b)(i), (ii) or (iii) of the definition of registrable superannuation entity in section 9 of the Act or a self managed superannuation fund) must provide the holder of a superannuation product (being an interest in that entity) with the information, relating to the entity and any relevant sub-plan (within the meaning of section 1017C of the Act), specified in an item in the table in subregulation (3).
(3) Subject to subregulations (5) to (7), the information specified in an item in the following table must be provided by making it publicly availableon the entity's website from:
(a) if, immediately before the day Schedule 6 to the Treasury Laws Amendment (2022 Measures No. 4) Act 2023 commences, the information was required under paragraph 29QB(1)(b) of the SIS Act to be made publicly available - the time the Treasury Laws Amendment (Financial Reporting and Auditing of Registrable Superannuation Entities) Regulations 2023 commences; or
(b) otherwise - the time specified in that item.
If that item specifies an end time, the trustee is not required to provide the information after that time.
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Information to be provided |
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Item |
Information |
Time from which information must be made publicly available |
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1 |
The current trust deed and any material not incorporated in the current version of the trust deed |
Either: (a) no later than 20 business days after the deed or material begins to apply; or (b) if the deed or material is amended or replaced - the later of: (i) the date of the amendment or replacement; and (ii) the effective date of the amendment or replacement |
|
2 |
The governing rules |
Either: (a) no later than 20 business days after the governing rules begin to apply; or (b) if the governing rules are amended or replaced - the later of: (i) the date of the amendment or replacement; and (ii) the effective date of the amendment or replacement |
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3 |
The rules relating to the nomination, appointment and removal of the trustee or a director of the trustee |
Either: (a) no later than 20 business days after the rules begin to apply; or (b) if the rules are amended or replaced - the later of: (i) the date of the amendment or replacement; and (ii) the effective date of the amendment or replacement |
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4 |
The most recent actuarial report, provided in relation to the entity under a provision of the RSE licensee law, for each defined benefit fund or each defined benefit sub-fund in each defined benefit fund |
For each report, no later than 20 business days after the trustee receives the report |
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5 |
The most recent Product Disclosure Statement, Supplementary Product Disclosure Statement or Replacement Product Disclosure Statement, for the product |
No later than 20 business days after the statement is first given to a person in respect of a recommendation, issue or sale of the product |
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6 |
If on 31 August in the current financial year both of the following circumstances exist: (a) APRA has given the trustee a notification of a determination under subsection 60C(2) of the SIS Act that the requirement in subsection 60D(1) of that Act has not been met for a Part 6A product (within the meaning of that Act) offered by the entity, in relation to the most recently completed financial year; (b) APRA had not given the trustee a notification of another determination under subsection 60C(2) of the SIS Act that the requirement in subsection 60D(1) of that Act had not been met for the Part 6A product, in relation to the financial year 2 years before the current financial year; a description of those circumstances |
From 1 business day after 31 August in the current financial year until 1 business day after 31 August in the following financial year |
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7 |
The most recent Financial Services Guide |
No later than 20 business days after the Financial Services Guide is first given to a person under section 941A or 941B of the Act |
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8 |
A summary of each change or event that the holder has been notified of under section 1017B of the Act in the previous 2 years |
No later than 20 business days after the most recent notice is given |
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9 |
The register of relevant interests, and the register of relevant duties, provided in relation to the entity under a provision of the RSE licensee law |
No later than 20 business days after the end of each period of 3 months ending on 31 March, 30 June, 30 September or 31 December |
|
10 |
A summary of the conflicts management policy |
Either: (a) no later than 20 business days after the policy begins to apply; or (b) if the policy is amended or replaced - the later of: (i) the date of the amendment or replacement; and (ii) the effective date of the amendment or replacement |
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11 |
The proxy voting policies |
For each policy - either: (a) no later than 20 business days after the policy begins to apply; or (b) if the policy is amended or replaced - the later of: (i) the date of the amendment or replacement; and (ii) the effective date of the amendment or replacement |
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12 |
A summary of when, during the previous financial year of the entity, and how the entity has exercised its voting rights in relation to shares in listed companies |
No later than20 business days after the end of the previous financial year |
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13 |
If the trustee is a body corporate - the constitution of the body corporate |
Either: (a) no later than 20 business days after the constitution begins to apply; or (b) if the constitution is amended or replaced - the later of: (i) the date of the amendment or replacement; and (ii) the effective date of the amendment or replacement |
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14 |
The annual financial statement for the previous financial year that the trustee, as a financial services licensee, is required to lodge with ASIC under Part 7.6 of the Act |
The day that the annual financial statement is first lodged with ASIC |
(4) The information must be:
(a) readily accessible from the entity's website; and
(b) kept up to date.
Exception - personal information
(5) If:
(a) the trustee is required under subregulations (2) and (3) to make available a document referred to in item 1, 2, 4, 5 or 8 of the table in subregulation (3); and
(b) the document contains personal information in relation to a beneficiary or former beneficiary of the registrable superannuation entity;
the trustee may instead comply with the requirement by making available a version of the document that has been redacted to exclude personal information (within the meaning of the Privacy Act 1988) in relation to a beneficiary or former beneficiary of the registrable superannuation entity.
Transitional exceptions - standard employer-sponsored sub-plan
(6) If:
(a) before 1 July 2024, the trustee is required under subregulations (2) and (3) to make available a document referred to in item 1, 2, 4, 5 or 8 of the table in subregulation (3); and
(b) the document only relates to the entity because it relates to a standard employer-sponsored sub-plan;
the trustee may instead comply with the requirement by making the document available from 1 July 2024.
(7) If:
(a) before 1 July 2024, the trustee is required under subregulations (2) and (3) to make available a document referred to in item 1, 2, 4, 5 or 8 of the table in subregulation (3); and
(b) the document contains information that only relates to the registrable entity because it relates to a standard employer-sponsored sub-plan;
then, until 1 July 2024, the trustee may instead comply with the requirement by making available a version of the document that has been redacted to exclude information that only relates to the registrable entity because it relates to a standard employer-sponsored sub-plan.
(8) A standard employer-sponsored sub-plan means a segment of a public offer superannuation fund (within the meaning of the SIS Act) for which each member of the segment is:
(a) a standard employer-sponsored member (within the meaning of the SIS Act); or
(b) a member of a class that is a prescribed class for the purposes of sub-subparagraph 18(1)(a)(ii)(B) of the SIS Act.
7.9.07ZC Transitional obligation to provide information to the holder of a superannuation product via website
(1) This regulation is made for the purposes of paragraph 1017DA(1)(a) of the Act.
(2) The trustee of a superannuation entity (other than an entity referred to in subparagraph (b)(i), (ii) or (iii) of the definition of registrable superannuation entity in section 9 of the Act or a self managed superannuation fund) must provide the holder of a superannuation product (being an interest in that entity) with the information, relating to the entity and any relevant sub-plan (within the meaning of section 1017C of the Act), specified in subregulations (3), (5) and (7).
Remuneration details - on commencement
(3) If, immediately before the day Schedule 6 to the Treasury Laws Amendment (2022 Measures No. 4) Act 2023 commences, the trustee was required under paragraph 29QB(1)(a) of the SIS Act to make details of remuneration publicly available, the information is those details.
(4) The information referred to in subregulation (3) must be provided by making it publicly available on the entity's website throughout the period:
(a) starting on the day the Treasury Laws Amendment (Financial Reporting and Auditing of Registrable Superannuation Entities) Regulations 2023 commences; and
(b) ending on the day before the start of the period referred to in subregulation (6).
The information must be readily accessible from the entity's website.
Remuneration details - 2022-23 financial year
(5) The information is the details set out in regulation 2M.3.04 in relation to the remuneration of each member of the key management personnel of the superannuation entity for the entity's 2022-23 financial year.
(6) The information referred to in subregulation (5) must be provided by making it publicly available on the entity's website throughout the period:
(a) starting on the day that is 3 months after the later of the following:
(i) the day the Treasury Laws Amendment (Financial Reporting and Auditing of Registrable Superannuation Entities) Regulations 2023 commences;
(ii) the last day of the entity's 2022-23 financial year; and
(b) ending on the day before the entity first reports to members under section 314AA of the Act.
The information must be readily accessible from the entity's website.
Annual report - on commencement
(7) If, immediately before the day Schedule 6 to the Treasury Laws Amendment (2022 Measures No. 4) Act 2023 commences, the trustee was required under paragraph 29QB(1)(b) of the SIS Act to make an annual report publicly available, the information is the annual report.
(8) Subject to subregulation (9), the information referred to in subregulation (7) must be provided by making it publicly available throughout the period:
(a) starting on the day the Treasury Laws Amendment (Financial Reporting and Auditing of Registrable Superannuation Entities) Regulations 2023 commences; and
(b) ending on the day that the entity next provides fund information under regulation 7.9.32.
The information must be readily accessible from the entity's website.
(9) Subregulations 7.9.07ZB(5) to (7) apply to the requirement under this regulation to provide the information referred to in subregulation (7) of this regulation in the same way subregulations 7.9.07ZB(5) to (7) would apply if the information were a document referred to in item 1 of the table in subregulation 7.9.07ZB(3).
Note: Subregulations 7.9.07ZB(5) to (7) permit later provision of information or provision of redacted information in certain circumstances, for example, in relation to standard employer-sponsored sub-plans.