Superannuation Industry (Supervision) Act 1993
A person who is affected by a reviewable decision of the Regulator may, if dissatisfied with the decision, request the Regulator to reconsider the decision.
[ CCH Note: S 344(1) will be amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 items 128 and 129, by inserting " or the Registrar " after " of the Regulator " and substituting " request the decision maker " for " request the Regulator " , effective a day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2024, they commence on that day.]
View history note
Hide history noteThe request must be made by written notice given to the Regulator within the period of 21 days after the day on which the person first receives notice of the decision, or within such further period as the Regulator allows.
[ CCH Note: S 344(2) will be amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 130, by substituting " decision maker " for " Regulator " (wherever occurring), effective a day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2024, they commence on that day.]
[ CCH Note: S 344(2A) will be inserted by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 131, effective a day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2024, they commence on that day. S 344(2A) will read:
]
344(2A)
If the Registrar is the decision maker, the request must meet any requirements of the data standards.
The request must set out the reasons for making the request.
344(4) Regulator to reconsider decision.Upon receipt of the request, the Regulator must reconsider the decision and may, subject to subsection (5) , confirm or revoke the decision or vary the decision in such manner as the Regulator thinks fit.
[ CCH Note: S 344(4) will be amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 items 132 and 133, by substituting " Decision maker " for " Regulator " in the heading and " decision maker " for " Regulator " (wherever occurring), effective a day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2024, they commence on that day.]
If the Regulator does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which the Regulator received the request under subsection (1) to reconsider the decision, the Regulator is taken, at the end of that period, to have confirmed the decision under subsection (4) .
[ CCH Note: S 344(5) will be amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 133, by substituting " decision maker " for " Regulator " (wherever occurring), effective a day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2024, they commence on that day.]
If the Regulator confirms, revokes or varies a decision before the end of the period referred to in subsection (5) , the Regulator must give written notice to the person telling the person:
(a) the result of the reconsideration of the decision; and (b) the reasons for confirming, varying or revoking the decision, as the case may be.[ CCH Note: S 344(6) will be amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 items 134 and 135, by substituting " Decision maker ' s " for " Regulator ' s " in the heading and " decision maker " for " Regulator " (wherever occurring), effective a day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2024, they commence on that day.]
If the Regulator gives a notice to a person under subsection (6) telling the person that a decision under section 40 has been revoked or varied, the Regulator must give to the Commissioner of Taxation particulars of the notice.
[ CCH Note: S 344(7) will be amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 items 136 and 137, by inserting " if Regulator is decision maker " after " Taxation " in the heading and " is the decision maker and the Regulator " after " If the Regulator " , effective a day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2024, they commence on that day.]
Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Regulator that have been confirmed or varied under subsection (4) .
[ CCH Note: S 344(8) will be amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 items 138 and 139, by omitting " of Regulator ' s decisions " from the heading and " of the Regulator " , effective a day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2024, they commence on that day.]
If a decision is taken to be confirmed because of subsection (5) , section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period of 28 days beginning on the day on which the decision is taken to be confirmed.
344(10) Section 41 of AAT Act.If a request is made under subsection (1) in respect of a reviewable decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for a review of that decision.
344(11)(Repealed by No 25 of 2008)
For the purposes of this section and section 345 , a person is taken not to be affected by a reviewable decision (other than a reviewable decision covered by paragraph (dd), (de), (df), (dg), (dl), (dm), (dn), (doa), (dob), (dod), (q), (qa), (qb), (r), (ra), (rb), (rc), (rd), (re), (rf), (rg), (rh), (ri), (s), (t), (ua) or (ub) of the definition of reviewable decision in section 10 ) unless the person is a trustee of a superannuation entity that is affected by the decision.
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