Superannuation Industry (Supervision) Act 1993
The Regulator may collect such statistical information about superannuation entities as the Regulator considers appropriate.
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Hide history noteFor the purposes of subsection (1) , the Regulator may, by writing, approve one or more forms (the survey forms ).
A survey form must contain instructions about the following matters:
(a) filling up and supply of the particulars specified in the form; (b) giving the filled-up form to a person (the authorised recipient ) specified in the instructions.The authorised recipient must be the Regulator or a delegate of the Regulator.
The Regulator may, by written notice given to a trustee of a superannuation entity, determine that the trustee is a participant, or trustees of the entity are participants in the Regulator ' s statistics program. The notice must set out the effect of subsections (5) and (6) .
At any time when a determination under subsection (4) is in force in relation to a trustee of a superannuation entity, the Regulator may give the trustee a survey form. In that event, the trustee must:
(a) fill up and supply, in accordance with the instructions contained in the form, the particulars specified in the form; and (b) give the filled-up form to the authorised recipient in accordance with those instructions.Note:
Section 166 imposes an administrative penalty for a contravention of subsection (5) in relation to a self managed superannuation fund.
A trustee commits an offence if the trustee contravenes subsection (5) .
Penalty: 50 penalty units.
Note:
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
347A(7) Survey form and determination may be given at the same time.
For the purposes of subsection (5) , if a determination under subsection (4) is given to a trustee of a superannuation entity at the same time as a survey form, the determination is taken to have been in force at the time when the survey form was given to the trustee.
[ CCH Note: No 54 of 1998, s 3 and Sch 16 items 31 and 135, provided for the substitution in s 347A(7) of " APRA " for " The Commissioner " and " the Commissioner " (wherever occurring). This amendment could not be effected because neither of those phrases occurs in s 347A(7).]
The particulars specified in a survey form must relate to one or more specified periods (the survey periods ). The instructions contained in a survey form must not require a trustee to give the filled-up form to the authorised recipient before the 28th day after:
(a) the end of the survey period; or (b) if there is more than one survey period - the end of the most recent survey period.The Regulator may extend the period within which a particular filled-up form is to be given to the authorised recipient.
The Regulator may, by notifiable instrument, extend the period within which a specified class of filled-up survey forms is to be given to the authorised recipient.
The Regulator may, by writing, delegate to a person any or all of the Commissioner ' s powers under this section.
[ CCH Note: No 54 of 1998 did not amend 347A(11) by substituting " APRA ' s " for " the Commissioner ' s " .]
This section does not, by implication, limit:
(a) any other provision of this Act; or (b) anything in the Census and Statistics Act 1905. 347A(13)In this section:
Regulator
means the Commissioner of Taxation.
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