Superannuation Industry (Supervision) Act 1993
[ CCH Note: Part 9 has effect, in relation to regulated superannuation funds, and their trustees, as if it were modified by amending s 92 and inserting s 92A and 92B - see Modification Declaration No 10 under s 92 , 92A and 92B .]
This section applies to a standard employer-sponsored fund with more than 6, but fewer than 50, members.
View history note
Hide history noteThis section applies on and after 1 July 1995.
92(3) Public offer funds.If the fund is a public offer superannuation fund:
(a) either:
(i) the trustee of the fund must be an independent trustee; or
(b) if the regulations provide that the fund is subject to rules about the existence, number and functions of policy committees ( prescribed policy committees ) - the fund must comply with those rules; and (c) each prescribed policy committee must consist of equal numbers of employer representatives and member representatives.
(ii) the fund must comply with the basic equal representation rules; and
If the fund is not a public offer superannuation fund, the fund must comply with:
(a) the basic equal representation rules; or (b) the alternative agreed representation rule set out in subsection (5); or (c) an arrangement in relation to the management and control of the fund that:
(i) has been agreed to between a majority of the members of the fund and the employer, or employers, of those members; and
(ii) is approved by APRA in writing.
[ CCH Note: MODIFICATION DECLARATION No 10 (No GN 28, 19 July 1995) provides that Pt 9 is to have effect, in relation to regulated superannuation funds, and their trustees, as if it were modified by inserting after para (b):
; or
(c) an arrangement in relation to the management and control of the fund that:
(i) has been agreed between:
(A) a majority of the members of the fund; and
(B) the employer or employers of those members; and
(ii) is approved by the Commissioner in writing.
This declaration is taken to have commenced on 1 July 1995. The declaration was revoked effective from 6 September 2005.]
[ CCH Note: MODIFICATION DECLARATION No 10 (No GN 28 of 19 July 1995) provides that Pt 9 is to have effect, in relation to regulated superannuation funds, and their trustees, as if it were modified by inserting after subsection 92(4) :
92(4A) Imposing conditions on, and revoking, subparagraph (4)(c)(ii) approvals.An approval mentioned in subparagraph (4)(c)(ii):
(a) is subject to any conditions specified in the instrument of approval; and
(b) may be revoked by the Commissioner by written notice given to the holder of the approval.
This declaration is taken to have commenced on 1 July 1995. The declaration was revoked effective from 6 September 2005.]
[ CCH Note: MODIFICATION DECLARATION No 10 (No GN 28 of 19 July 1995) provides that Pt 9 is to have effect, in relation to regulated superannuation funds, and their trustees, as if it were modified by inserting after subsection 92(4A) :
92(4B) Varying the conditions of subparagraph (4)(c)(ii) approvals.The Commissioner may vary the conditions of an approval mentioned in subparagraph (4)(c)(ii) by written notice given to the holder of the approval.
This declaration is taken to have commenced on 1 July 1995. The declaration was revoked effective from 6 September 2005.]
When deciding whether or not to approve an arrangement under subparagraph (4)(c)(ii), APRA must have regard to any written guidelines determined by APRA under this subsection.
The approval of the arrangement given under subparagraph (4)(c)(ii) (the arrangement approval ): (a) is subject to the conditions set out in the approval (if any); and (b) may be revoked by APRA by written notice given to a trustee of the fund.
92(4C)
Without limiting paragraph (4B)(b), APRA may revoke an arrangement approval if: (a) APRA is satisfied that there has been a contravention of a condition to which the approval is subject; or (b) a trustee of the fund applies in writing for its revocation.
92(4D)
APRA may vary or revoke the conditions of the arrangement approval by written notice given to a trustee of the fund.
92(5) Alternative agreed representation rule.
For the purposes of this section, a fund complies with the alternative agreed representation rule if:
(a) there is a single trustee of the fund who is a constitutional corporation; and (b) the trustee is appointed following nomination by agreement between:
(i) a majority of the members of the fund; and
(c) the trustee is an RSE licensee; and (ca) a condition imposed under section 29EA on the RSE licensee ' s RSE licence requires the RSE licensee to ensure that the fund, or a class of funds to which the fund belongs, complies with the alternative agreed representation rule whenever this section applies to the fund; and (d) the trustee is not an associate of a standard employer-sponsor of the fund.
(ii) the employer or employers of those members; and
[ CCH Note 1: MODIFICATION DECLARATION No 10 (No GN 28 of 19 July 1995) provides that Pt 9 is to have effect, in relation to regulated superannuation funds, and their trustees, as if it were modified by omitting para 92(5)(c) and substituting:
(c) the trustee is an approved trustee; and
(ca) the trustee ' s approval under section 26 specifies that the trustee is approved for the purposes of this subsection, either generally or in relation to the fund or a class of funds to which the fund belongs; and
This declaration is taken to have commenced on 1 July 1995. The declaration was revoked effective from 6 September 2005.]
[ CCH Note: MODIFICATION DECLARATION No 10 (No GN 28 of 19 July 1995) provides that Pt 9 is to have effect, in relation to regulated superannuation funds, and their trustees, as if it were modified by inserting after subsection 92(5) :
92(5A) Commissioner must have regard to guidelines when deciding whether to grant approvals.When deciding whether or not to:
(a) approve an arrangement under subparagraph (4)(c)(ii); or
(b) specify in a trustee ' s approval under section 26 that the trustee is approved for the purposes of subsection (5);the Commissioner must have regard to any written guidelines determined by the Commissioner under this subsection.
This declaration is taken to have commenced on 1 July 1995. The declaration was revoked effective from 6 September 2005.]
(Repealed by No 53 of 2004)
92(7)
(Repealed by No 53 of 2004)
92(8)
(Repealed by No 53 of 2004)
92(9)
(Repealed by No 53 of 2004)
92(10)
(Repealed by No 160 of 2000)
92(11)
(Repealed by No 160 of 2000)
92(12)
(Repealed by No 160 of 2000)
92(13) Transitional.
If, at a particular time, the number of members of a fund increases from a number less than 7 to 7 or more, but less than 50:
(a) the trustee of the fund must make such arrangements (if any) as are necessary to enable the fund to comply with this section; and (b) the fund does not have to comply with this section during the period beginning at that time and ending:
(i) at the time at which such arrangements are made; or
whichever is the earlier.
(ii) 90 days after that time;
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