SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993

PART 1 - PRELIMINARY  

Division 2 - Interpretation  

SECTION 13A   RSE LICENSEES THAT ARE GROUPS OF INDIVIDUAL TRUSTEES  

13A(1)   [Changes in trustee group composition]  

Subject to this section, for the purposes of this Act, the regulations and the prudential standards, a change in the composition of a group of individual trustees that is an RSE licensee does not affect the continuity of the group of individual trustees for the duration of the period during which the RSE licence continues in force.

Note:

So, for example, an RSE licence granted to a group of individual trustees will not cease to continue in force, merely because of a change in the membership of the group.

13A(2)   [Obligations imposed on licensee]  

An obligation that would be imposed on an RSE licensee that is a group of individual trustees of a registrable superannuation entity by a provision of this Act, the regulations or the prudential standards is imposed instead on each of the trustees but, subject to the entity ' s governing rules, may be discharged by any of them.

13A(3)   [Discharge of responsibilities]  

A person who is a member of a group of individual trustees that is an RSE licensee is not liable under any offence of strict liability or civil penalty provision of this Act or the regulations in respect of any breach of a provision of this Act or the regulations, or failure, by the RSE licensee if the person proves that he or she:


(a) made all inquiries (if any) that were reasonable in the circumstances; and


(b) after doing so, believed on reasonable grounds that the obligations of the RSE licensee were being complied with.

Note:

In a prosecution for an offence of strict liability against a provision of this Act or the regulations, a defendant bears a legal burden in relation to the matters in subsection (3) (see section 13.4 of the Criminal Code ).

13A(4)   [Directions, etc, given to licensee]  

If a group of individual trustees is an RSE licensee, a direction, notice or other document is taken, for the purposes of a provision of this Act, the regulations or the prudential standards, to be given to the RSE licensee if it is given to any member of the group.

13A(5)   [Requests made to licensee]  

If a group of individual trustees of a registrable superannuation entity is an RSE licensee, a request is taken, for the purposes of a provision of this Act, the regulations or the prudential standards, to have been made to the RSE licensee if it is made to any member of the group and, subject to the entity ' s governing rules, may be dealt with by any member of the group.

13A(6)   [Signature required from licensee]  

Any requirement under this Act, the regulations or the prudential standards that a document be signed by an RSE licensee is taken, if the RSE licensee is a group of individual trustees, to be a requirement that the document be signed by each of the members of the group.

13A(7)   [Provisions made by licensee]  

An RSE licensee that is a group of individual trustees is taken, for the purposes of a provision of this Act, the regulations or the prudential standards, to have provided something to a person if one of the members of the group has provided that thing to the person.

13A(8)   [Effect on licensee of reviewable decisions]  

For the purposes of this Act and the regulations, if an RSE licensee that is a group of individual trustees is affected by a reviewable decision, each member of the group is taken to be affected by that decision.

13A(9)   [Regulations]  

The regulations may exclude or modify the effect of the subsections of this section (other than subsections (2) and (3)) in relation to specified provisions.

13A(10)   [Effect]  

This section has effect subject to a contrary intention in a provision of this Act or regulations made for the purposes of subsection (9).




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