PART 11
-
INFORMATION TO BE GIVEN TO THE REGULATOR AND RELATED MATTERS
History
Heading to Pt 11 amended by SR No 193 of 1998.
REGULATION 11.07
OPERATING STANDARD
-
DISCLOSURE OF CERTAIN INFORMATION (FUNDS OTHER THAN SELF MANAGED SUPERANNUATION FUNDS)
11.07(1)
This standard:
(a)
is made for subsections
31(1)
,
32(1)
and
33(1)
of the Act; and
(b)
applies to a superannuation entity other than a self managed superannuation fund.
11.07(2)
The trustee of the entity must give written notice to the Regulator of any change in the following:
(a)
the name of the entity;
(b)
the postal address, registered address or address for service of notices of the entity;
(c)
details of the contact person for the entity, and contact telephone and facsimile numbers;
(d)
the RSE licensee of the entity.
11.07(3)
The notice for subregulation (2) must be given:
(a)
for a superannuation entity that is an eligible rollover fund
-
immediately after the change; or
(b)
in any other case
-
within 28 days of the change.
11.07(4)
An RSE licensee who is an incoming trustee of the entity must give written notice of that fact to the Regulator.
11.07(5)
The notice for subregulation (4) must be given:
(a)
as soon as practicable after the RSE licensee becomes a trustee of the entity; and
(b)
no later than 5 days after the date on which the RSE licensee becomes a trustee of the entity.
11.07(6)
The trustee of the entity must give written notice to the Regulator of a decision or resolution:
(a)
to wind up the entity; or
(b)
to retire as a trustee of the entity.
11.07(7)
The notice for subregulation (6) must be given
(a)
as soon as practicable after the making of the decision or resolution; and
(b)
before the winding up has commenced or the trustee has retired.
11.07(8)
The trustee of the entity must give written notice to the Regulator of a change in class of the RSE.
11.07(9)
The notice for subregulation (8) must be given before, or as soon as practicable after, the change in the class.
History
Reg 11.07 substituted by SLI No 155 of 2013, reg 4 and Sch 1 item 102, effective 1 July 2013. Reg 11.07 formerly read:
REGULATION 11.07 OPERATING STANDARD
-
DISCLOSURE OF CERTAIN INFORMATION (FUNDS OTHER THAN SELF MANAGED SUPERANNUATION FUNDS)
11.07(1)
For the purposes of subsections
31(1)
,
32(1)
and
33(1)
of the Act, it is a standard applicable to the operation of a superannuation entity other than a self managed superannuation fund that the trustee must give notice in writing to the Regulator, in accordance with subregulation (2), of any change in:
(a)
the name of the entity; or
(b)
the postal address, registered address or address for service of notices, of the entity; or
(c)
details of the contact person, and contact telephone and facsimile numbers; or
(d)
the RSE licensee of the entity.
History
Reg 11.07(1) amended by SLI No 343 of 2007, reg 3 and Sch 1 items 14 and 15 (as amended by SLI No 133 of 2008), by substituting
"
numbers; or
"
for
"
numbers.
"
in para (c) and inserting para (d), applicable 4 October 2007.
Reg 11.07(1) amended by SLI No 74 of 2007, reg 5 and Sch 3 item 85, by inserting
"
other than a self managed superannuation fund
"
after
"
a superannuation entity
"
, effective 1 July 2007.
Reg 11.07(1) amended by SR No 239 of 1999, SR No 239 of 1999 and SR No 193 of 1998.
11.07(2)
A notice mentioned in subregulation (1) must be given:
(a)
in the case of a superannuation entity that is an eligible rollover fund
-
immediately after the occurrence of the change; or
(b)
in any other case
-
within 28 days after the occurrence of the change.
History
Reg 11.07(2) amended by SLI No 74 of 2007, reg 5 and Sch 3 item 86, by substituting
"
28 days after
"
for
"
1 month of
"
in para (b), effective 1 July 2007.
11.07(2A)
For subsections
31(1)
,
32(1)
and
33(1)
of the Act, it is a standard applicable to the operation of a superannuation entity other than a self managed superannuation fund that an incoming trustee must give written notice to the Regulator that it has commenced as a trustee of the entity.
History
Reg 11.07(2A) inserted by SLI No 343 of 2007, reg 3 and Sch 1 item 16 (as amended by SLI No 133 of 2008), applicable 4 October 2007.
11.07(2B)
A notice mentioned in subregulation (2A) must be given as soon as practicable after the RSE licensee has commenced as a trustee of the entity but, in any event, no later than 5 days after that date.
History
Reg 11.07(2B) inserted by SLI No 343 of 2007, reg 3 and Sch 1 item 16 (as amended by SLI No 133 of 2008), applicable 4 October 2007.
11.07(3)
For subsections
31(1)
,
32(1)
and
33(1)
of the Act, it is a standard applicable to the operation of a superannuation entity that the trustee must give notice in writing to the Regulator, in accordance with subregulation (4), of:
(a)
a decision or resolution to wind up the entity; or
(b)
a decision or resolution to retire as a trustee of the entity.
History
Reg 11.07(3) substituted by SLI No 343 of 2007, reg 3 and Sch 1 item 17 (as amended by SLI No 133 of 2008), applicable 4 October 2007. Reg 11.07(3) formerly read:
11.07(3)
For the purposes of subsections
31(1)
,
32(1)
and
33(1)
of the Act, it is a standard applicable to the operation of a superannuation entity that the trustee must give notice in writing to the Regulator, in accordance with subregulation (4), of a decision or resolution to wind up the entity.
Reg 11.07(3) amended by SR No 239 of 1999 and SR No 193 of 1998.
11.07(4)
Notice under subregulation (3) must be given:
(a)
in the case of a regulated superannuation fund that is a self managed superannuation fund
-
before, or as soon practicable after, the winding up is commenced or the trustee of the entity has retired; or
(b)
in any other case
-
as soon as practicable after the making of the decision or resolution to wind up the entity or of the trustee to retire and, in any event, before the winding up is commenced or the trustee has retired.
History
Reg 11.07(4) amended by SLI No 343 of 2007, reg 3 and Sch 1 items 18 and 19 (as amended by SLI No 133 of 2008), by inserting
"
or the trustee of the entity has retired
"
after
"
commenced
"
in para (a) and substituting
"
entity or of the trustee to retire and, in any event, before the winding up is commenced or the trustee has retired.
"
for
"
entity and, in any event, before the winding up is commenced.
"
in para (b), applicable 4 October 2007.
Reg 11.07(4) amended by SR No 239 of 1999.
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