Superannuation Industry (Supervision) Regulations 1994
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Hide history noteThis regulation applies to the trustee of a regulated superannuation fund, other than a self managed superannuation fund, if: (a) the fund receives a contribution from an employer for a member of the fund; and (b) either or both of the following applies:
(i) the contribution is the first contribution received by the fund for the member from the employer, and the employer, before or with the contribution, did not provide any of the information mentioned in subregulation 7.07A(2) ;
(c) the contribution is not being made to a defined benefit interest.
(ii) the contribution is not accompanied by all of the information mentioned in subregulation 7.07E(2) ; and
7.07G(2)
The trustee must, not later than 5 business days after receiving the contribution, ask the employer to give the trustee the correct and complete information mentioned in subregulation 7.07A(2) or 7.07E(2) for the member.
7.07G(3)
If an employer receives a request from a trustee under subregulation (2) , the employer must make all reasonable efforts to give the trustee the complete or correct information for the member not later than 10 business days after receiving the request.
7.07G(4)
If the trustee is still unable to allocate the contribution to a member, the trustee must refund the contribution to the employer not later than 20 business days after receiving the contribution.
7.07G(5)
If a contribution is refunded under subregulation (4) , the contribution is taken not to have been made to the fund by the employer.
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CCH Note:
Reg 7.07G will be substituted by FRLI No F2026L00133, reg 4 and Sch 1 item 40, effective 1 July 2026. Reg 7.07G will read:
REGULATION 7.07G ALLOCATION OF CONTRIBUTIONS
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REGULATED SUPERANNUATION FUNDS (OTHER THAN SELF MANAGED SUPERANNUATION FUNDS)
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7.07G(1)
This regulation applies to the trustee of a regulated superannuation fund, other than a self managed superannuation fund, if:
(a)
the fund receives a contribution for a member of the fund; and
(b)
the contribution is not being made to a defined benefit interest.
7.07G(2)
If the trustee is able to allocate the contribution to the member, then the trustee must allocate the contribution to the member:
(a)
as soon as practicable; and
(b)
in any case, no later than 3 business days after the contribution has been received by the trustee.
7.07G(3)
If the trustee is unable to allocate the contribution to the member, the trustee must refund the contribution:
(a)
as soon as practicable; and
(b)
in any case, no later than 3 business days after the contribution has been received by the trustee.
7.07G(4)
If a contribution is refunded under subregulation
(3)
, then the contribution is taken not to have been made.
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