Superannuation Industry (Supervision) Amendment Regulations 2009 (No. 3)

(71 of 2009)

Dated 30 April 2009

Superannuation Industry (Supervision) Act 1993

1   Name of Regulations

These Regulations are the Superannuation Industry (Supervision) Amendment Regulations 2009 (No. 3).

2   Commencement

These Regulations commence on the day after they are registered.

3   Amendment of Superannuation Industry (Supervision) Regulations 1994

Schedule 1 amends the Superannuation Industry (Supervision) Regulations 1994.

Schedule 1   Amendment

[1]   Subregulation 1.03 (1), definition of reviewable decision

substitute

reviewable decision means:

(a) a decision of APRA under paragraph 1.05 (2) (c) refusing to approve a sum payable as benefit; or

(b) a decision of the Regulator under paragraph 1.06 (2) (c) refusing to approve a sum payable as benefit; or

(c) a decision of the Regulator refusing to approve the use of a factor under subregulation 1.08 (2); or

(d) a decision of APRA under paragraph 4.08A (2) (e) refusing to approve an arrangement for management and control of a fund; or

(e) a decision of the Regulator under paragraph 4.12 (2) (b), 6.27B (b) or 7A.16 (8) (b) to not determine the form of consent; or

(f) a decision of APRA to refuse to suspend or vary an obligation of a trustee under subregulation 6.37 (6); or

(g) a decision of the Regulator under subparagraph 7A.03J (2) (a) (ii) refusing to allow a longer period for a rollover or transfer of a non-member spouse's interest; or

(h) a decision of the Regulator under paragraph 7A.03K (2) (b) or 7A.13 (7) (b) refusing to allow a longer period to pay a lump sum; or

(i) a decision of the Regulator under subparagraph 7A.12 (4) (a) (ii) refusing to allow a longer period for rolling over or transferring transferable benefits; or

(j) a decision of the Regulator under paragraph 7A.16 (3) (b) refusing to allow a longer period to allocate, rollover or transfer non-member spouse entitlements; or

(k) a decision of the Regulator to give a direction to a trustee to obtain a new or a replacement funding and solvency certificate under subregulation 9.09 (1A); or

(l) a decision of the Regulator under subregulation 9.24 (2) refusing to approve an actuary's recommendation for a defined benefit fund; or

(m) a decision of the Regulator under subregulation 9.44 (2) refusing to approve an actuary's recommendation for an accumulation fund; or

(n) a decision of APRA refusing to approve a proposed element of an actuarial basis for calculation of value A under subregulation 12.05 (5) or (6); or

(o) a decision of APRA refusing to approve a proposed assumption or element of an actuarial basis for calculation of value B under subregulation 12.06 (5); or

(p) a decision of APRA under regulation 12.08 to specify a day on or before which an application is to be made; or

(q) a decision of APRA refusing to approve an application to transfer a PJFC under subregulation 12.12 (2) or 12.13 (2); or

(r) a decision of APRA under regulation 12.14 to revoke an approval of an application to transfer a PJFC; or

(s) a decision of the Regulator refusing to consent to an alteration of accrued benefits under subparagraph 13.16 (2) (a) (ii) or (d) (ii); or

(t) a decision of the Regulator to confirm or vary a reviewable decision under regulation 13.25.