Superannuation Industry (Supervision) Act 1993

Pt 24B heading amended by No 47 of 2021, s 3 and Sch 1 item 32, by substituting " NO MORE THAN 6 MEMBERS " for " FEWER THAN 5 MEMBERS " , effective 1 July 2021.

Pt 24B inserted by No 121 of 1999, s 3 and Sch 1 item 56, effective 8 October 1999.

No 121 of 1999, Sch 1 contained the following transitional and saving provisions:

PART 3 - TRANSITIONAL AND SAVING PROVISIONS

Transitional provision - no contravention of Act during transition period in certain circumstances  
133(1)
Despite the amendments made by this Schedule, a person does not contravene this Act or the regulations in respect of conduct engaged in by the person in relation to a superannuation fund if:
(a) immediately before the later of:

(i) the beginning of the transition period; and

(ii) the day on which this Act received the Royal Assent;

the superannuation fund was an excluded superannuation fund; and
(b) the person engaged in the conduct during the transition period; and
(c) the person engaged in the conduct at a time when the superannuation fund had fewer than 5 members, but was not a self managed superannuation fund; and
(d) the person's engaging in the conduct would not have been a contravention of this Act or the regulations if the fund had been a self managed superannuation fund at the time the person engaged in the conduct.

133(2)
In this item:

excluded superannuation fund
has the meaning given by the Superannuation Industry (Supervision) Act 1993 as in force immediately before the commencement of this item.

transition period
means the period:

(a) beginning on 1 July 1999; and

(b) ending at the end of 31 March 2000.

133(3)
In this item, a reference to engaging in conduct includes a reference to failing or refusing to engage in conduct.
Transitional provision relating to annual returns - application of amendments  
134(1)
Subject to item 135, the amendments made by items 31 and 32 of Part 1 of this Schedule apply to the 1999-2000 year of income and later years of income.

134(2)
Despite items 31 and 32 of Part 1 of this Schedule, section 36 continues to apply to a return in respect of the 1998-99 year of income, as if the amendments made by those items had not been made.
Special rule in relation to 1999-2000 year of income  
135(1)
If a superannuation fund was both:
(a) a self managed superannuation fund at any time during the 1999-2000 year of income; and
(b) a superannuation fund other than a self managed superannuation fund at another time during the 1999-2000 year of income;

the trustee of the fund is not required to submit an annual return for that year of income under both sections 36 and 36A of the Superannuation Industry (Supervision) Act 1993 .

135(2)
The trustee of the fund must submit an annual return under section 36 of that Act for the 1999-2000 year of income if:
(a) where the superannuation fund ceased to exist during the year of income - the fund was not a self managed superannuation fund on the day on which it ceased to exist; or
(b) otherwise - the fund was not a self managed superannuation fund on the last day of the year of income.

135(3)
The superannuation fund must submit an annual return under section 36A of that Act for the 1999-2000 year of income if:
(a) where the fund ceased to exist during the year of income - the fund was a self managed superannuation fund on the day on which it ceased to exist; or
(b) otherwise - the fund was a self managed superannuation fund on the last day of the year of income.
Transfer of records  
136(1)
The Treasurer may transfer from APRA to the Commissioner of Taxation records that relate to the functions of the Commissioner of Taxation.

136(2)
This item does not authorise the Commonwealth record to be transferred, or otherwise dealt with, except in accordance with the Archives Act 1983 .

136(3)
In this item:

Commonwealth record
and record
have the same meanings as in the Archives Act 1983 .

Div 1 heading amended by No 47 of 2021, s 3 and Sch 1 item 33, by substituting " no more than 6 members " for " fewer than 5 members " , effective 1 July 2021.

Div 1 inserted by No 121 of 1999, s 3 and Sch 1 item 56, effective 8 October 1999. For transitional and saving provisions, see the history note under the heading to Pt 24B .

S 252B repealed by No 61 of 2013, s 3 and Sch 1 item 113, applicable to contraventions of section 252A all of the physical elements of which occur on or after 1 July 2013. S 252B formerly read:

SECTION 252B CONTRAVENTION NOTICES  
252B(1) Service of notice.  

If APRA or the Commissioner of Taxation has reason to believe that a person has contravened section 252A , APRA or the Commissioner of Taxation, as the case requires, may cause a notice (a contravention notice ) to be served on the person in accordance with the regulations.

252B(2) Particulars.  

A contravention notice is to set out:

(a) particulars of the alleged contravention; and

(b) the prescribed penalty for the contravention and the person to whom, the place at which, and the manner in which, the penalty may be paid; and

(c) the date of the notice and a statement that the penalty may be paid within 14 days after that date;

and may contain any other particulars that APRA or the Commissioner of Taxation thinks necessary.

252B(3) Notification that person may pay prescribed penalty.  

A contravention notice is to state that, if the person does not wish the matter to be dealt with by a court, the person may lodge with APRA or the Commissioner of Taxation, as the case requires, a signed statement to that effect in the manner stated in the notice and pay the prescribed penalty for the contravention.

252B(4) Prescribed penalty.  

For the purposes of this section, the prescribed penalty for a contravention is 2 penalty units for each month or part of a month during which the contravention continues, up to a maximum of 10 penalty units.

252B(5) Consequences of payment of prescribed penalty.  

If:

(a) a contravention notice has been served on a person; and

(b) before the end of the period of 14 days stated in the notice, or, if APRA or the Commissioner of Taxation allows, at any time before service of the summons in respect of the contravention, the amount of the prescribed penalty is paid in accordance with the notice; and

(c) a statement, signed by the person, to the effect that the person does not wish the matter to be dealt with by a court, is received by the person to whom the amount of penalty is paid; and

(d) the contravention that resulted in the service of the contravention notice has ceased;

the following provisions have effect:

(e) any liability of the person in respect of the contravention is taken to be discharged;

(f) no further proceedings are to be taken in respect of the contravention;

(g) no conviction for the contravention is taken to have been recorded.

252B(6) Payment by cheque.  

If the amount of the prescribed penalty is paid by cheque, payment is taken not to be made unless the cheque is honoured upon presentation.

252B(7) Other proceedings not affected.  

Except as provided by subsection (5), this section does not prejudice or affect the institution or prosecution of proceedings in respect of a contravention of section 252A or limit the amount of the fine that may be imposed by a court in respect of such contravention.

252B(8) No requirement to serve contravention notice.  

This section does not require the service of a contravention notice or affect the liability of a person to be prosecuted in a court in respect of a contravention of section 252A in relation to which a contravention notice has not been served.

S 252B inserted by No 121 of 1999, s 3 and Sch 1 item 56, effective 8 October 1999. For transitional and saving provisions, see the history note under the heading to Pt 24B .