Superannuation Industry (Supervision) Act 1993
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Pt 2A inserted by No 53 of 2004, s 3 and Sch 1 item 29, effective 1 July 2004.
Div 8 inserted by No 40 of 2019, s 3 and Sch 4 item 8, effective 5 July 2019. No 40 of 2019, s 3 and Sch 4 items 13
-
15 contain the following application and transitional provisions:
commencement day
13 Definitions
13
In this Part:
means the day on which this Schedule commences.
14(1)
This item applies if:
(a)
a person holds a controlling stake in an RSE licensee immediately before the commencement day; and
(b)
the person continues to hold a controlling stake in the RSE licensee on, or on and after, the commencement day.
14(2)
For the purposes of the
Superannuation Industry (Supervision) Act 1993
, the person is taken to have approval under section
29HD
to hold a controlling stake in the RSE licensee during the period:
(a)
beginning on the commencement day; and
(b)
ending when the period during which the person holds a controlling stake in the RSE licensee is broken.
15 Holding a controlling stake without approval
15
Section
29JCB
of the
Superannuation Industry (Supervision) Act 1993
, as inserted by item 9 of this Schedule, applies where a person begins to hold a controlling stake in an RSE licensee on or after the day that is 3 months after the commencement day.
Div 8 repealed by No 117 of 2012, s 3 and Sch 2 item 25, effective 9 September 2012.
Div 8 inserted by No 53 of 2004, s 3 and Sch 1 item 29, effective 1 July 2004.
Subdiv A inserted by No 40 of 2019, s 3 and Sch 4 item 8, effective 5 July 2019. For application and transitional provisions, see note under Pt 2A Div 8 heading.
Subdiv A repealed by No 117 of 2012, s 3 and Sch 2 item 25, effective 9 September 2012.
Subdiv A inserted by No 53 of 2004, s 3 and Sch 1 item 29, effective 1 July 2004.
S 29H inserted by No 40 of 2019, s 3 and Sch 4 item 8, effective 5 July 2019. For application and transitional provisions, see note under Pt 2A Div 8 heading.
S 29H repealed by No 117 of 2012, s 3 and Sch 2 item 25, effective 9 September 2012. S 29H formerly read:
An RSE licence will not be granted unless there is a risk management strategy that meets the requirements of this section: see paragraph
29D(1)(e)
.
SECTION 29H CONTENTS OF RISK MANAGEMENT STRATEGIES
29H(1)
A risk management strategy must set out reasonable measures and procedures that a body corporate or group of individual trustees is to apply to identify, monitor and manage risks that arise:
(a)
in relation to its activities, or proposed activities, as an RSE licensee; and
(b)
in relation to all its other activities, or proposed activities, to the extent that they are relevant to its activities, or proposed activities, as an RSE licensee.
29H(2)
Without limiting subsection (1), the risk management strategy of a body corporate or group of individual trustees must set out:
(a)
reasonable measures and procedures that the body or group is to apply to identify, monitor and manage:
(i)
the risks associated with governance and decision-making processes; and
(ii)
the risks that arise as a result of entering into outsourcing arrangements (other than arrangements that relate only to a particular registrable superannuation entity); and
(iii)
the risks arising from any changes to the RSE licensee law; and
(iv)
the risks of potential fraud and theft; and
(b)
the circumstances in which an audit of the risks referred to in this section is to be undertaken; and
(c)
such other matters as are prescribed by regulations made for the purposes of this paragraph.
29H(3)
The risk management strategy must be signed:
(a)
if it is the risk management strategy of a body corporate
-
by the body; or
(b)
if it is the risk management strategy of a group of individual trustees
-
by each member of the group.
Note:
29H(4)
The risk management strategy must not by reference incorporate provisions of any other document unless that other document is available, without charge, to members of the public.
29H(5)
A risk management strategy does not fail to comply with this section merely because it reproduces information contained in the risk management plan for an entity of which an applicant for an RSE licence is, or proposes to be, the RSE licensee.
S 29H inserted by No 53 of 2004, s 3 and Sch 1 item 29, effective 1 July 2004.
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