Superannuation Industry (Supervision) Regulations 1994

PART 13 - MISCELLANEOUS  

Division 13.1A - Transitional arrangements arising out of the Superannuation Legislation Amendment Act (No 3) 1999  

REGULATION 13.10A   TRANSITIONAL ARRANGEMENT - PRESERVED OSS ACT PROVISIONS  

13.10A(1)   [Interpretation]  

In this regulation:

OSS Act
means the Occupational Superannuation Standards Act 1987 , as in force on 30 June 1994.

preserved OSS Act provisions
means the following provisions of the OSS Act that, despite amendment or repeal by the Occupational Superannuation Standards Amendment Act 1993 (the Amendment Act ), have continued to apply under subsection 16(1) of the Amendment Act:

(a) sections 4, 5, 6 and 6A;

(b) Part II;

(c) sections 10 to 15CA inclusive;

(d) Part IIIAA;

(e) the remaining provisions of the OSS Act in so far as they relate to any or all of the provisions mentioned in the preceding paragraphs of this definition.

superannuation standards officer
has the meaning given by the OSS Act.

13.10A(2)   [Action by ``ISC'']  

If a preserved OSS Act provision provides that a thing must, or may, be done by the Insurance and Superannuation Commissioner, and the thing is to be done in respect of a self managed superannuation fund, the thing is validly done if done by the Commissioner of Taxation.

13.10A(3)   [Action involving ``ISC'']  

If a preserved OSS Act provision provides that an action, must, or may, be taken in relation to the Insurance and Superannuation Commissioner and a superannuation fund, and the fund in relation to which the action is to be taken is a self managed superannuation fund, the action is validly taken if taken in relation to the fund and the Commissioner of Taxation.

13.10A(4)   [Obligation of ``ISC'']  

If a preserved OSS Act provision imposes an obligation on the Insurance and Superannuation Commissioner, and the obligation is to be carried out in relation to a self managed superannuation fund, the obligation is taken to be imposed on the Commissioner of Taxation, and may be carried out by a member of the Commissioner of Taxation's staff.

13.10A(5)   [Immunity or privilege of ``ISC'']  

If a preserved OSS Act provision grants an immunity or privilege to the Insurance and Superannuation Commissioner or a superannuation standards officer, the immunity or privilege is taken, in relation to a self managed superannuation fund, to be an immunity or privilege of the Commissioner of Taxation and a member of the Commissioner of Taxation's staff.