Superannuation Industry (Supervision) Act 1993

PART 24B - PROVISIONS RELATING TO THE ADMINISTRATION BY APRA AND THE COMMISSIONER OF TAXATION OF SUPERANNUATION FUNDS WITH NO MORE THAN 6 MEMBERS

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History

Pt 24B heading amended by No 47 of 2021, s 3 and Sch 1 item 32, by substituting " NO MORE THAN 6 MEMBERS " for " FEWER THAN 5 MEMBERS " , effective 1 July 2021.

Pt 24B inserted by No 121 of 1999, s 3 and Sch 1 item 56, effective 8 October 1999.

No 121 of 1999, Sch 1 contained the following transitional and saving provisions:

PART 3 - TRANSITIONAL AND SAVING PROVISIONS
Transitional provision - no contravention of Act during transition period in certain circumstances
133(1)
Despite the amendments made by this Schedule, a person does not contravene this Act or the regulations in respect of conduct engaged in by the person in relation to a superannuation fund if:
(a) immediately before the later of:

(i) the beginning of the transition period; and

(ii) the day on which this Act received the Royal Assent;
the superannuation fund was an excluded superannuation fund; and
(b) the person engaged in the conduct during the transition period; and
(c) the person engaged in the conduct at a time when the superannuation fund had fewer than 5 members, but was not a self managed superannuation fund; and
(d) the person's engaging in the conduct would not have been a contravention of this Act or the regulations if the fund had been a self managed superannuation fund at the time the person engaged in the conduct.

133(2)
In this item:
excluded superannuation fund
has the meaning given by the Superannuation Industry (Supervision) Act 1993 as in force immediately before the commencement of this item.

transition period
means the period:

(a) beginning on 1 July 1999; and

(b) ending at the end of 31 March 2000.

133(3)
In this item, a reference to engaging in conduct includes a reference to failing or refusing to engage in conduct.
Transitional provision relating to annual returns - application of amendments
134(1)
Subject to item 135, the amendments made by items 31 and 32 of Part 1 of this Schedule apply to the 1999-2000 year of income and later years of income.

134(2)
Despite items 31 and 32 of Part 1 of this Schedule, section 36 continues to apply to a return in respect of the 1998-99 year of income, as if the amendments made by those items had not been made.
Special rule in relation to 1999-2000 year of income
135(1)
If a superannuation fund was both:
(a) a self managed superannuation fund at any time during the 1999-2000 year of income; and
(b) a superannuation fund other than a self managed superannuation fund at another time during the 1999-2000 year of income;
the trustee of the fund is not required to submit an annual return for that year of income under both sections 36 and 36A of the Superannuation Industry (Supervision) Act 1993 .

135(2)
The trustee of the fund must submit an annual return under section 36 of that Act for the 1999-2000 year of income if:
(a) where the superannuation fund ceased to exist during the year of income - the fund was not a self managed superannuation fund on the day on which it ceased to exist; or
(b) otherwise - the fund was not a self managed superannuation fund on the last day of the year of income.

135(3)
The superannuation fund must submit an annual return under section 36A of that Act for the 1999-2000 year of income if:
(a) where the fund ceased to exist during the year of income - the fund was a self managed superannuation fund on the day on which it ceased to exist; or
(b) otherwise - the fund was a self managed superannuation fund on the last day of the year of income.
Transfer of records
136(1)
The Treasurer may transfer from APRA to the Commissioner of Taxation records that relate to the functions of the Commissioner of Taxation.

136(2)
This item does not authorise the Commonwealth record to be transferred, or otherwise dealt with, except in accordance with the Archives Act 1983 .

136(3)
In this item:
Commonwealth record
and record
have the same meanings as in the Archives Act 1983 .

Division 3 - Transitional and savings provisions relating to the regulation of self managed superannuation funds by the Commissioner of Taxation

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SECTION 252F OBLIGATIONS OWED BY OR TO APRA OR THE COMMISSIONER OF TAXATION

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252F(1) [Transfer of obligations]

Subject to section 252G , an obligation that:

(a) relates to a superannuation fund; and

(b) was owed by APRA, or to APRA, immediately before a particular time (the switching time ); and

(c) was owed (whether before, on or after the commencement day) under a provision of this Act that:

(i) immediately before the switching time, was administered by APRA in relation to the fund; and

(ii) as at the switching time, is administered by the Commissioner of Taxation in relation to the fund;

has effect, at and after the switching time (subject to any later application of this section), as if it had been owed by, or to, the Commissioner of Taxation.

252F(2) Rights and powers of APRA.

Subject to section 252G , a right or power that:

(a) relates to a superannuation fund; and

(b) was possessed by, or conferred on, APRA immediately before a particular time (the switching time ); and

(c) was possessed or conferred (whether before, on or after the commencement day) under a provision of this Act that:

(i) immediately before the switching time, was administered by APRA in relation to the fund; and

(ii) as at the switching time, is administered by the Commissioner of Taxation in relation to the fund;

has effect, at and after the switching time (subject to any later application of this section), as if it had been possessed by, or conferred on, the Commissioner of Taxation.

252F(3) Obligations owed by, or to, the Commissioner of Taxation.

An obligation that:

(a) relates to a superannuation fund; and

(b) was owed by the Commissioner of Taxation, or to the Commissioner of Taxation, immediately before a particular time (the switching time ); and

(c) was owed under a provision of this Act that:

(i) immediately before the switching time, was administered by the Commissioner of Taxation in relation to the fund; and

(ii) as at the switching time, is administered by APRA in relation to the fund;

has effect, at and after the switching time (subject to any later application of this section), as if it had been owed by, or to, APRA.

252F(4) Rights and powers of the Commissioner of Taxation.

A right or power that:

(a) relates to a superannuation fund; and

(b) was possessed by, or conferred on, the Commissioner of Taxation immediately before a particular time (the switching time ); and

(c) was possessed or conferred under a provision of this Act that:

(i) immediately before the switching time, was administered by the Commissioner of Taxation in relation to the fund; and

(ii) as at the switching time, is administered by APRA in relation to the fund;

has effect, at and after the switching time (subject to any later application of this section), as if it had been possessed by, or conferred on, APRA.

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