PART 25
-
MONITORING AND INVESTIGATION
History
Pt 25 heading substituted by No 158 of 2012, s 3 and Sch 2 item 41, effective 31 January 2013. For application provisions see note under Pt 16 Div
1A
heading. The heading formerly read:
PART 25
-
MONITORING AND INVESTIGATING SUPERANNUATION ENTITIES
Division 4
-
Investigations by Regulator
History
Heading to Div 4 substituted by No 54 of 1998.
SECTION 265
INSPECTORS
265(1)
The Regulator may, in writing, appoint a member of staff of the Regulator, or a member of staff of another person or body referred to in the definition of
Regulator
in subsection
10(1)
, to be an inspector for the purposes of the conduct of investigations under this Division in relation to:
(a)
the affairs of superannuation entities and approved SMSF auditors; and
(b)
the conduct of audits of self managed superannuation funds.
History
S 265(1) amended by No 135 of 2020, s 3 and Sch 9 items 20 and 21, by substituting
"
member of staff
"
for
"
member of the staff
"
(wherever occurring) and
"
another person or body referred to in the definition of
Regulator
in subsection 10(1)
"
for
"
the other Regulator
"
, effective 1 January 2021.
No 135 of 2020, s 3 and Sch 9 item 21 contains the following saving:
27 Saving
Appointments
(1)
An appointment:
(a)
made under subsection
265(1)
of the
Superannuation Industry (Supervision) Act 1993
; and
(b)
in force immediately before the commencement of this item;
has effect, from that commencement, as if it had been made under that subsection as amended by this Part.
…
S 265(1) substituted by No 158 of 2012, s 3 and Sch 2 item 56, effective 31 January 2013. For application provisions see note under Pt 16 Div
1A
heading. S 265(1) formerly read:
265(1)
The Regulator may, in writing, appoint a member of the staff of the Regulator, or a member of the staff of the other Regulator, to be an inspector for the purposes of the conduct of investigations under this Division in relation to the affairs of superannuation entities.
S 265(1) amended by No 54 of 1998.
265(2)
The Regulator must cause to be issued to each person appointed under subsection
(1)
an identity card that sets out the name and appointment of the person and to which is attached a recent photograph of the person.
History
S 265(2) amended by No 54 of 1998.
265(3)
A person who was appointed under subsection
(1)
must not, upon ceasing to be an inspector, fail, without reasonable excuse, to return to the Regulator the identity card issued to him or her under this section.
Penalty for a contravention of this subsection: One penalty unit.
History
S 265(3) amended by No 54 of 1998.
265(4)
[Strict liability]
Subsection
(3)
is an offence of strict liability.
Note 1:
Chapter 2 of the
Criminal Code
sets out the general principles of criminal responsibility.
Note 2:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 265(4) inserted by No 160 of 2000, s 3 and Sch 3 item 88, effective 18 January 2001.