Superannuation Industry (Supervision) Act 1993
The Regulator may collect such statistical information about superannuation entities as the Regulator considers appropriate.
For the purposes of subsection (1), the Regulator may, by writing, approve one or more forms (the survey forms ).
(a) filling up and supply of the particulars specified in the form;
(b) giving the filled-up form to a person (the authorised recipient ) specified in the instructions.
The authorised recipient must be the Regulator or a delegate of the Regulator.
The Regulator may, by written notice given to a trustee of a superannuation entity, determine that the trustee is a participant, or trustees of the entity are participants in the Regulator ' s statistics program. The notice must set out the effect of subsections (5) and (6).
At any time when a determination under subsection (4) is in force in relation to a trustee of a superannuation entity, the Regulator may give the trustee a survey form. In that event, the trustee must:
(a) fill up and supply, in accordance with the instructions contained in the form, the particulars specified in the form; and
(b) give the filled-up form to the authorised recipient in accordance with those instructions.
A trustee commits an offence if the trustee contravenes subsection (5).
Penalty: 50 penalty units.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
For the purposes of subsection (5), if a determination under subsection (4) is given to a trustee of a superannuation entity at the same time as a survey form, the determination is taken to have been in force at the time when the survey form was given to the trustee.
[ CCH Note: No 54 of 1998, s 3 and Sch 16 items 31 and 135, provided for the substitution in s 347A(7) of " APRA " for " The Commissioner " and " the Commissioner " (wherever occurring). This amendment could not be effected because neither of those phrases occurs in s 347A(7).]
The particulars specified in a survey form must relate to one or more specified periods (the survey periods ). The instructions contained in a survey form must not require a trustee to give the filled-up form to the authorised recipient before the 28th day after:
(a) the end of the survey period; or
(b) if there is more than one survey period - the end of the most recent survey period.
The Regulator may extend the period within which a particular filled-up form is to be given to the authorised recipient.
The Regulator may, by notice published in the Gazette , extend the period within which a specified class of filled-up survey forms is to be given to the authorised recipient.
The Regulator may, by writing, delegate to a person any or all of the Commissioner ' s powers under this section.
[ CCH Note: No 54 of 1998 did not amend 347A(11) by substituting " APRA ' s " for " the Commissioner ' s " .]
(a) any other provision of this Act; or
(b) anything in the Census and Statistics Act 1905. 347A(13)
In this section: