Legal database - View: Retirement Savings Accounts Act 1997

Retirement Savings Accounts Act 1997
PART 1 - PRELIMINARY
Division 1 - Preliminary
SECTION 1 SHORT TITLE
SECTION 2 COMMENCEMENT
SECTION 3 GENERAL ADMINISTRATION OF ACT
SECTION 4 APPLICATION OF ACT NOT TO BE EXCLUDED OR MODIFIED
SECTION 5 ACT EXTENDS TO EXTERNAL TERRITORIES
SECTION 6 CROWN TO BE BOUND
Division 2 - Summary and outline of the Act
SECTION 7 BRIEF SUMMARY OF THE ACT
PART 2 - KEY CONCEPTS AND OTHER DEFINITIONS
Division 1 - Key concepts
SECTION 8 DEFINITION OF RSA
SECTION 9 MEANING OF HOLD AND HOLDER
SECTION 10 MEANING OF PROVIDE AND PROVIDER
SECTION 11 WHO IS AN RSA INSTITUTION ?
SECTION 12 WHO IS AN RSA PROVIDER ?
SECTION 13 WHO IS AN ELIGIBLE PERSON ?
SECTION 14 WHAT CAPITAL GUARANTEED MEANS
SECTION 15 RSA BENEFITS
Division 2 - Interpretation
SECTION 16 DEFINITIONS
SECTION 17 APPROVALS, DETERMINATIONS ETC. BY REGULATOR
SECTION 18 ASSOCIATES
SECTION 19 DEFINITIONS OF EMPLOYEE AND EMPLOYER
SECTION 20 DEFINITION OF DEPENDANT
SECTION 20A INTERDEPENDENCY RELATIONSHIP
SECTION 21 PERSONS INVOLVED IN CONTRAVENTION
PART 3 - APPROVAL OF RSA INSTITUTIONS
SECTION 22 OBJECT OF PART
SECTION 23 APPLICATION FOR APPROVAL
SECTION 24 FURTHER INFORMATION MAY BE REQUESTED
SECTION 25 PERIOD WITHIN WHICH APPLICATION FOR APPROVAL IS TO BE DECIDED
SECTION 26 DECIDING AN APPLICATION FOR APPROVAL
SECTION 27 WHEN AN APPROVAL IS IN FORCE
SECTION 28 APPLICATION FOR VARIATION OF AN APPROVAL
SECTION 29 AN APPLICATION MUST BE DECIDED WITHIN A PERIOD OF TIME
SECTION 30 APRA MAY VARY AN APPROVAL ON ITS OWN INITIATIVE
SECTION 31 NOTIFYING THE RSA INSTITUTION OF THE OUTCOME OF AN APPLICATION
SECTION 32 WHEN A VARIATION OF APPROVAL COMES INTO FORCE
SECTION 33 SUSPENSION OR REVOCATION OF APPROVAL
SECTION 34 CONSEQUENCES OF SUSPENSION OR REVOCATION
SECTION 35 NOTIFICATION OF BREACH OF CONDITIONS
SECTION 36 INTERPRETATION
PART 4 - OPERATING STANDARDS ETC. AND ANNUAL RETURNS FOR RSAs
Division 1 - Object of Part
SECTION 37 OBJECT OF PART
Division 2 - Operating standards
SECTION 38 OPERATING STANDARDS FOR RSAs
SECTION 39 PRESCRIBED OPERATING STANDARDS MUST BE COMPLIED WITH
Division 3 - Portability forms
SECTION 39A PORTABILITY FORMS
Division 4 - Other provisions relating to the operation of RSAs
SECTION 40 INTEREST OFF-SET ARRANGEMENTS ETC. NOT PERMITTED
SECTION 41 CERTAIN USES OF RSAs PROHIBITED
SECTION 42 RSA PROVIDER NOT TO BREACH CAPITAL GUARANTEE
SECTION 43 CIVIL LIABILITY WHERE SECTION 42 CONTRAVENED
SECTION 43A RULES ABOUT CASHING BENEFITS AFTER DEATH OF RSA HOLDER
SECTION 44 RSA PROVIDER TO GIVE COPY OF AUDIT REPORT TO APRA
PART 4A - DATA AND PAYMENT REGULATIONS AND STANDARDS RELATING TO RSAS
Division 1 - Data and payment regulations and standards relating to RSAs
SECTION 45 OBJECT OF PART
SECTION 45A ALTERNATIVE CONSTITUTIONAL BASIS
SECTION 45B DATA AND PAYMENT REGULATIONS AND STANDARDS RELATING TO RSAS
SECTION 45C RELATIONSHIP BETWEEN STANDARDS AND OTHER LAW
Division 2 - Compliance with data and payment regulations and standards relating to RSAs
SECTION 45D COMPLIANCE REQUIREMENT - RSA PROVIDERS
SECTION 45E COMPLIANCE REQUIREMENT - EMPLOYERS
SECTION 45F REGULATOR ' S POWER TO GIVE DIRECTIONS IN CERTAIN CIRCUMSTANCES - RSA PROVIDERS
SECTION 45G REGULATOR ' S POWER TO GIVE DIRECTIONS IN CERTAIN CIRCUMSTANCES - EMPLOYERS
Division 3 - Infringement notices
SECTION 45H WHEN AN INFRINGEMENT NOTICE MAY BE GIVEN
SECTION 45J MATTERS TO BE INCLUDED IN NOTICE
SECTION 45K EXTENSION OF TIME TO PAY AMOUNT
SECTION 45L WITHDRAWAL OF AN INFRINGEMENT NOTICE
SECTION 45M EFFECT OF PAYMENT OF AMOUNT
SECTION 45N EFFECT OF THIS DIVISION
Division 4 - Information
Subdivision A - Correction and rectification of information
SECTION 45P CORRECTION AND RECTIFICATION OF INFORMATION
Subdivision B - Register of information about certain RSAs
SECTION 45Q REGISTER OF INFORMATION ABOUT CERTAIN RSAs
SECTION 45R RSA PROVIDERS TO PROVIDE INFORMATION FOR INCLUSION IN REGISTER
PART 5 - DUTIES ETC. OF RSA PROVIDERS AND EMPLOYERS
Division 1 - Preliminary
SECTION 46 CONTRAVENTION OF PART DOES NOT AFFECT VALIDITY OF A TRANSACTION OR ANY OTHER ACT
Division 2 - Duties of RSA providers
SECTION 47 DISPUTE RESOLUTION SYSTEMS
SECTION 48 DUTY TO KEEP MINUTES AND RECORDS
SECTION 49 DUTY TO KEEP REPORTS
### (Repealed) SECTION 50 DUTY TO TRANSFER BALANCE OF RSA
(Repealed) Division 3 - Offering RSAs and applications for RSAs
### (Repealed) SECTION 51 APPLICATION FORMS
### (Repealed) SECTION 52 EMPLOYERS MUST PROVIDE EMPLOYEES WITH ALTERNATIVE OPTIONS
Division 4 - Provisions relating to information given to prospective RSA holders
### (Repealed) SECTION 53 INFORMATION TO BE GIVEN TO A PERSON BEFORE BECOMING AN RSA HOLDER
### (Repealed) SECTION 54 INFORMATION TO BE GIVEN TO EMPLOYERS WHO APPLY FOR RSAs ON BEHALF OF EMPLOYEES
### (Repealed) SECTION 55 DOCUMENTS TO BE GIVEN TO EMPLOYEES
### (Repealed) SECTION 56 REGULATIONS REQUIRING THE GIVING OF INFORMATION
Division 5 - Stop orders
### (Repealed) SECTION 57 ORDER TO STOP CONTRACTS ETC. FOR PROVISION OF NEW RSAs
### (Repealed) SECTION 58 WHEN A STOP ORDER IS IN FORCE
### (Repealed) SECTION 59 REVOCATION OF STOP ORDER
### (Repealed) SECTION 60 EFFECT OF STOP ORDER
Division 6 - How certain money to be held
### (Repealed) SECTION 61 RSA PROVIDER TO COMPLY WITH REQUIREMENTS OF THE REGULATIONS IN RELATION TO CERTAIN MONEY
Division 7 - Cooling-off period
### (Repealed) SECTION 62 COOLING-OFF PERIOD WHERE EMPLOYER APPLIES FOR RSA
PART 6 - RECORDS, AUDITS AND AUDITORS
SECTION 63 OBJECT OF PART
SECTION 64 RECORDS
SECTION 65 AUDIT OF RECORDS
SECTION 66 OBLIGATIONS OF AUDITORS - COMPLIANCE
SECTION 66A AUDITOR MAY GIVE INFORMATION TO THE REGULATOR
SECTION 66B SELF INCRIMINATION
SECTION 67 COURT POWER OF DISQUALIFICATION
SECTION 67A COURT POWER TO REVOKE OR VARY A DISQUALIFICATION ETC.
SECTION 67AA PRIVILEGE AGAINST EXPOSURE TO PENALTY - DISQUALIFICATION UNDER SECTION 67
SECTION 67B DISQUALIFIED PERSONS NOT TO BE AUDITOR OF RSA PROVIDER
SECTION 68 APRA MAY REFER MATTERS TO A PROFESSIONAL ASSOCIATION
SECTION 69 AUDITOR MUST NOTIFY THE REGULATOR OF ATTEMPTS TO UNDULY INFLUENCE ETC. THE AUDITOR ETC.
SECTION 70 GIVING FALSE OR MISLEADING INFORMATION TO AUDITOR
PART 7 - PROHIBITED CONDUCT IN RELATION TO RSAs
### (Repealed) SECTION 71 FRAUDULENTLY INDUCING A PERSON TO ENGAGE IN A REGULATED ACT - CRIMINAL LIABILITY
### (Repealed) SECTION 72 MISLEADING CONDUCT IN CONNECTION WITH A REGULATED ACT - CIVIL LIABILITY
### (Repealed) SECTION 73 MISLEADING CONDUCT BY RSA PROVIDERS - CIVIL LIABILITY
SECTION 74 CIVIL LIABILITY WHERE SECTION 78 CONTRAVENED
### (Repealed) SECTION 75 REGULATED DOCUMENTS NOT TO BE FALSE OR MISLEADING - CRIMINAL LIABILITY
### (Repealed) SECTION 76 REGULATED DOCUMENTS NOT TO BE FALSE OR MISLEADING - CIVIL LIABILITY
### (Repealed) SECTION 77 STATEMENTS BY EXPERTS
SECTION 78 IMPROPER CONDUCT IN THE PROVISION OF RSAs
SECTION 79 CONTRAVENTION OF PART DOES NOT AFFECT VALIDITY OF TRANSACTIONS ETC.
(Repealed) PART 8 - PAYMENT OF UNCLAIMED RSA MONEY TO THE COMMISSIONER OF TAXATION
### (Repealed) SECTION 80 OBJECT OF PART
### (Repealed) SECTION 81 MEANING OF UNCLAIMED MONEY
### (Repealed) SECTION 82 STATEMENT OF UNCLAIMED MONEY
### (Repealed) SECTION 83 PAYMENT OF UNCLAIMED MONEY TO COMMISSIONER OF TAXATION
### (Repealed) SECTION 84 PAYMENT OF UNCLAIMED MONEY TO A STATE OR TERRITORY AUTHORITY
### (Repealed) SECTION 85 REGISTER OF UNCLAIMED MONEY
### (Repealed) SECTION 86 MEANING OF STATE OR TERRITORY AUTHORITY
PART 9 - FACILITY TO PAY BENEFITS TO ELIGIBLE ROLLOVER FUNDS
SECTION 87 OBJECT OF PART
SECTION 88 INTERPRETATION
SECTION 89 PAYMENT OF BENEFITS TO ELIGIBLE ROLLOVER FUND
SECTION 90 OPERATING STANDARDS FOR RSA PROVIDERS - INFORMATION AND RECORDS
PART 10 - MONITORING AND INVESTIGATION
Division 1 - Objects of Part
SECTION 91 OBJECTS OF PART
Division 2 - Monitoring RSA providers
SECTION 92 INFORMATION TO BE GIVEN TO REGULATOR
SECTION 93 REGULATOR MAY REQUIRE PRODUCTION OF BOOKS
SECTION 94 ACCESS TO PREMISES
SECTION 94A ALTERNATIVE CONSTITUTIONAL BASIS
Division 3 - Investigations by the Regulator
SECTION 95 INVESTIGATION OF RSA PROVIDER
SECTION 96 INSPECTORS
SECTION 97 DELEGATION BY INSPECTOR
SECTION 98 REGULATOR MAY EXERCISE POWERS OF INSPECTOR
SECTION 99 INSPECTOR MAY ENTER PREMISES FOR PURPOSES OF AN INVESTIGATION
SECTION 100 INSPECTOR MAY REQUIRE PRODUCTION OF BOOKS
SECTION 101 POWERS OF INSPECTOR TO REQUIRE ASSISTANCE FROM, AND EXAMINE, CURRENT AND FORMER RELEVANT PERSONS AND OTHER PERSONS
SECTION 102 APPLICATION FOR WARRANT TO SEIZE BOOKS NOT PRODUCED
SECTION 103 GRANT OF WARRANT
SECTION 104 POWERS IF BOOKS PRODUCED OR SEIZED
SECTION 105 POWERS IF BOOKS NOT PRODUCED
Division 4 - Examinations
SECTION 106 APPLICATION OF DIVISION
SECTION 107 REQUIREMENTS MADE OF AN EXAMINEE
SECTION 108 EXAMINATION TO BE IN PRIVATE
SECTION 109 EXAMINEE'S LAWYER MAY ATTEND
SECTION 110 RECORD OF EXAMINATION
SECTION 111 GIVING COPIES OF RECORD TO OTHER PERSONS
SECTION 112 COPIES GIVEN SUBJECT TO CONDITIONS
SECTION 113 RECORD TO ACCOMPANY REPORT
Division 5 - Reports
SECTION 114 REPORT OF INSPECTOR
Division 6 - Offences
SECTION 115 COMPLIANCE WITH REQUIREMENTS MADE UNDER THIS ACT
SECTION 116 CONCEALING BOOKS RELEVANT TO INVESTIGATION
SECTION 117 SELF-INCRIMINATION
SECTION 118 LEGAL PROFESSIONAL PRIVILEGE
SECTION 119 POWERS OF COURT WHERE NON-COMPLIANCE WITH THIS ACT
Division 7 - Evidentiary use of certain material
SECTION 120 STATEMENTS MADE AT AN EXAMINATION: PROCEEDINGS AGAINST EXAMINEE
SECTION 121 STATEMENTS MADE AT AN EXAMINATION: OTHER PROCEEDINGS
SECTION 122 WEIGHT OF EVIDENCE ADMITTED UNDER SECTION 121
SECTION 123 OBJECTION TO ADMISSION OF STATEMENTS MADE AT EXAMINATION
SECTION 124 COPIES OF, OR EXTRACTS FROM, CERTAIN BOOKS
SECTION 125 REPORT UNDER DIVISION 5
SECTION 126 EXCEPTIONS TO ADMISSIBILITY OF REPORT
SECTION 127 MATERIAL OTHERWISE ADMISSIBLE
Division 8 - Miscellaneous
SECTION 128 REGULATOR MAY CAUSE CIVIL PROCEEDING TO BE BEGUN
SECTION 129 PERSON COMPLYING WITH REQUIREMENT NOT TO INCUR LIABILITY TO ANOTHER PERSON
SECTION 129A AUTHORISATION OF MEMBERS OF STAFF
PART 11 - TAX FILE NUMBERS
Division 1 - Object of Part
SECTION 130 OBJECT OF PART
Division 2 - Quotation of holder's tax file number
SECTION 131 EMPLOYEE MAY QUOTE TO EMPLOYER
SECTION 132 EMPLOYER MAY INFORM RSA PROVIDER OF TAX FILE NUMBER
SECTION 133 EMPLOYER MUST INFORM RSA PROVIDER OF TAX FILE NUMBER
SECTION 133A USE OF TAX FILE NUMBER TO VALIDATE INFORMATION
Division 3 - Quotation, use and transfer of holder's tax file number
SECTION 134 HOLDER OR APPLICANT MAY QUOTE TAX FILE NUMBER
SECTION 135 RSA PROVIDER MAY REQUEST HOLDER'S OR APPLICANT'S TAX FILE NUMBER
SECTION 136 RSA PROVIDER MUST REQUEST PERSON BECOMING HOLDER OF AN RSA TO QUOTE TAX FILE NUMBER
SECTION 137 USE OF TAX FILE NUMBER FOR CERTAIN PURPOSES
SECTION 137A USE OF TAX FILE NUMBER TO LOCATE AMOUNTS OR FOR CONSOLIDATION
SECTION 137B USE OF TAX FILE NUMBER TO VALIDATE INFORMATION
SECTION 138 RSA PROVIDER MUST INFORM OTHER RSA PROVIDER OR TRUSTEE OF CERTAIN SUPERANNUATION ENTITIES OF TAX FILE NUMBER FOR CERTAIN PURPOSES
SECTION 138A PORTABILITY FORMS
Division 4 - Method of quotation of tax file numbers, including deemed quotation
SECTION 139 METHOD OF QUOTING TAX FILE NUMBER
SECTION 140 EMPLOYEE TAKEN TO HAVE QUOTED TO RSA PROVIDER WHERE RSA PROVIDER INFORMED BY EMPLOYER
SECTION 140A HOLDER TAKEN TO HAVE QUOTED WHERE COMMISSIONER GIVES NOTICE
SECTION 141 INFORMATION PROVIDED BY RSA PROVIDER TAKEN TO HAVE BEEN PROVIDED BY HOLDER
SECTION 142 PERSON CLAIMING BENEFIT TAKEN TO HAVE QUOTED WHERE HE OR SHE PROVIDED TAX FILE NUMBER IN CONNECTION WITH CLAIM
SECTION 143 HOLDER OR APPLICANT TAKEN TO HAVE QUOTED IF HE OR SHE QUOTED FOR OTHER PURPOSES
Division 4A - Commissioner of Taxation may issue notices about tax file numbers
SECTION 143A EFFECT OF MISTAKEN QUOTATION OF TAX FILE NUMBER
SECTION 143B EFFECT OF INVALID QUOTATION OF TAX FILE NUMBER
SECTION 143C COMMISSIONER OF TAXATION MAY INFORM RSA PROVIDER OF TAX FILE NUMBER
SECTION 143D VALIDATION NOTICE - HOLDERS OF RSAs
SECTION 143E VALIDATION NOTICE - EMPLOYEES
SECTION 143F COMMISSIONER OF TAXATION MAY PROVIDE ELECTRONIC INTERFACE
Division 5 - Provision of tax file numbers in forms etc.
SECTION 144 FORMS ETC. MAY REQUIRE TAX FILE NUMBER
SECTION 145 FAILURE TO QUOTE TAX FILE NUMBER
Division 6 - General
SECTION 146 STATE INSURANCE
SECTION 147 THIS PART TO BE SUPERANNUATION LAW
SECTION 147A TRANSITIONAL PROVISIONS
PART 12 - OFFENCES RELATING TO RECORDS ETC.
SECTION 148 OBJECT OF PART
SECTION 149 INTERPRETATION
### (Repealed) SECTION 150 FALSE OR MISLEADING STATEMENTS
SECTION 151 INCORRECTLY KEEPING RECORDS ETC.
### (Repealed) SECTION 152 RECKLESSLY MAKING FALSE OR MISLEADING STATEMENTS
### (Repealed) SECTION 153 INTENTIONALLY MAKING FALSE OR MISLEADING STATEMENTS
SECTION 154 INCORRECTLY KEEPING OR MAKING RECORDS
SECTION 155 INCORRECTLY KEEPING RECORDS WITH INTENTION OF DECEIVING OR MISLEADING ETC.
SECTION 156 FALSIFYING OR CONCEALING IDENTITY WITH INTENTION OF DECEIVING OR MISLEADING ETC.
PART 13 - POWERS OF COURTS
SECTION 157 OBJECT OF PART
SECTION 158 POWER TO GRANT RELIEF
SECTION 159 POWER OF COURT TO GIVE DIRECTIONS WITH RESPECT TO MEETINGS ORDERED BY THE COURT
SECTION 160 IRREGULARITIES
SECTION 161 POWER OF COURT TO PROHIBIT PAYMENT OR TRANSFER OF MONEY OR PROPERTY
SECTION 162 COURT MAY ORDER THE DISCLOSURE OF INFORMATION OR THE PUBLICATION OF ADVERTISEMENTS - CONTRAVENTION OF PROVISIONS RELATING TO PROVISION OF RSAs ETC.
SECTION 163 INJUNCTIONS
SECTION 164 EFFECT OF SECTIONS 161, 162 AND 163
SECTION 165 POWER OF COURT TO PUNISH FOR CONTEMPT OF COURT
SECTION 166 COURT MAY RESOLVE TRANSITIONAL DIFFICULTIES
PART 14 - PROCEEDINGS
SECTION 167 OBJECT OF PART
SECTION 168 POWER OF REGULATOR TO INTERVENE IN PROCEEDING
SECTION 169 CIVIL PROCEEDING NOT TO BE STAYED
SECTION 170 EVIDENCE OF CONTRAVENTION
SECTION 171 VESTING OF PROPERTY
PART 15 - EXEMPTIONS AND MODIFICATIONS
SECTION 172 OBJECT OF PART
SECTION 173 INTERPRETATION
SECTION 174 REGULATOR'S POWERS OF EXEMPTION - MODIFIABLE PROVISIONS
SECTION 175 REGULATOR'S POWERS OF EXEMPTION - GENERAL ISSUES
SECTION 176 ENFORCEMENT OF CONDITIONS TO WHICH EXEMPTION IS SUBJECT
SECTION 177 REGULATOR'S POWERS OF MODIFICATION - MODIFIABLE PROVISIONS
SECTION 178 REGULATOR'S POWERS OF MODIFICATION - GENERAL ISSUES
SECTION 179 REVOCATION OF EXEMPTIONS AND MODIFICATIONS
SECTION 180 PUBLICATION OF EXEMPTIONS AND MODIFICATIONS ETC.
PART 16 - MISCELLANEOUS
SECTION 181 OBJECT OF PART
SECTION 182 REGULATOR MAY DIRECT RSA INSTITUTIONS NOT TO ACCEPT EMPLOYER CONTRIBUTIONS
SECTION 183 RSA CONTRIBUTIONS - DEDUCTIONS FROM SALARY OR WAGES TO BE REMITTED PROMPTLY
SECTION 184 COMPLIANCE WITH DETERMINATIONS OF THE SUPERANNUATION COMPLAINTS TRIBUNAL
SECTION 185 CONDUCT BY DIRECTORS, SERVANTS AND AGENTS
SECTION 186 CONVICTION DOES NOT RELIEVE DEFENDANT FROM CIVIL LIABILITY
### (Repealed) SECTION 187 LIABILITY FOR DAMAGES
SECTION 188 CIVIL IMMUNITY WHERE DEFENDANT WAS COMPLYING WITH THIS ACT
SECTION 189 REVIEW OF CERTAIN DECISIONS
SECTION 190 STATEMENTS TO ACCOMPANY NOTIFICATION OF DECISIONS
### (Repealed) SECTION 191 SECRECY
### (Repealed) SECTION 192 HOW INFORMATION MAY BE GIVEN TO THE COMMISSIONER OF TAXATION
### (Repealed) SECTION 193 APRA MAY COLLECT STATISTICAL INFORMATION
### (Repealed) SECTION 194 APRA MAY PUBLISH STATISTICAL INFORMATION
SECTION 195 THIS ACT AND THE REGULATIONS HAVE EFFECT SUBJECT TO THE CRIMES (SUPERANNUATION BENEFITS) ACT 1989 AND THE AUSTRALIAN FEDERAL POLICE ACT 1979
SECTION 196 PAYMENT OUT OF AN RSA IN ACCORDANCE WITH THE BANKRUPTCY ACT 1966
SECTION 197 CONCURRENT OPERATION OF STATE/TERRITORY LAWS
### (Repealed) SECTION 198 ADDITIONAL FUNCTIONS OF THE CHIEF EXECUTIVE MEDICARE
### (Repealed) SECTION 199 ANNUAL REPORTS
SECTION 200 REGULATIONS

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