Superannuation Industry (Supervision) Act 1993

PART 5 - NOTICES ABOUT COMPLYING FUND STATUS

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Division 2 - The Regulator may give notices about complying fund status

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SECTION 38A

38A MEANING OF REGULATORY PROVISION

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In this Division:

regulatory provision
, in relation to a superannuation entity, means:

(a) a provision of this Act or the regulations; or

(aa) a provision of the Financial Sector (Collection of Data) Act 2001 ; or

(aba) a provision of the Financial Accountability Regime Act 2023 ; or

(ab) for a superannuation entity that is a self managed superannuation fund - any of the following provisions in Schedule 1 to the Taxation Administration Act 1953 :

(i) subsections 284-75(1) and (4) and section 284-95 ;

(ii) Division 390 ;

(iii) subsection 136-80(1) ; or

(b) any of the following provisions of the Corporations Act 2001 as applying in relation to financial products (within the meaning of Division 3 of Part 7.1 of that Act) that are interests in the superannuation entity:

(i) subsection 1013K(1) or (2) ;

(ii) subsection 1016A(2) or (3) ;

(iii) subsection 1017B(1) ;

(iv) subsection 1017C(2) , (3) or (5) ;

(v) subsection 1017D(1) ;

(vi) subsection 1017DA(3) ;

(vii) subsection 1017E(3) or (4) ;

(viii) subsection 1020E(8) or (9) ;

(ix) subsection 1021C(1) or (3) ;

(x) subsection 1021D(1) ;

(xi) subsection 1021E(1) ;

(xii) subsection 1021O(1) or (3) ;

(xiii) section 1041E ;

(xiv) subsection 1041F(1) ;

(xv) subsection 1043A(1) or (2) ;

(xvi) any other provisions that are specified in regulations made for the purposes of this subparagraph; or

(c) any of the following provisions of the Corporations Act 2001 :

(i) subsection 1021NA(1) , (2) or (3) ;

(ii) subsection 1021NB(1) , (2) or (3) .

(iii) (Repealed by No 40 of 2019)

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History

S 38A amended by No 76 of 2023, s 3 and Sch 2 item 717, by substituting " Division 3 of Part 7.1 " for " Chapter 7 " in para (b), effective 20 October 2023.

S 38A amended by No 68 of 2023, s 3 and Sch 1 item 86, by inserting para (aba), effective 15 September 2023.

S 38A amended by No 40 of 2019, s 3 and Sch 6 items 21 and 22, by substituting " (3). " for " (3); " in para (c)(ii) and repealing para (c)(iii), effective 6 April 2019. Para (c)(iii) formerly read:

(iii) subsection 1021NC(1), (2), (3) or (4).

S 38A amended by No 81 of 2016, s 3 and Sch 1 item 7, by substituting para (ab)(ii) and (iii) for para (ab)(ii), effective 1 January 2017 and applicable on and after 1 July 2017. Para (ab)(ii) formerly read:

(ii) Division 390; or

S 38A amended by No 171 of 2012, s 3 and Sch 3 item 43, by inserting para (c) at the end of the definition of " regulatory provision " , effective 1 July 2013.

S 38A amended by No 56 of 2010, s 3 and Sch 6 item 99, by substituting para (ab)(i), applicable in relation to things done on or after 4 June 2010. Para (ab)(i) formerly read:

(i) section 288-85;

S 38A amended by No 9 of 2007, s 3 and Sch 5 item 16, by inserting para (ab), applicable to the 2007 - 2008 income year and later years.

S 38A amended by No 123 of 2001, s 3 and Sch 2 item 9, by inserting para (aa), applicable only on or after the day on which the reporting standards determined under s 13 of the Financial Sector (Collection of Data) Act 2001 begin to apply under s 15 of that Act to financial sector entities (within the meaning of that Act) that are trustees of superannuation entities (within the meaning of the Superannuation Industry (Supervision) Act 1993 ).

S 38A inserted by No 123 of 2001, s 3 and Sch 2 item 8, effective 11 March 2002.

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