Superannuation Industry (Supervision) Act 1993

PART 12 - DUTIES OF TRUSTEES AND INVESTMENT MANAGERS OF SUPERANNUATION ENTITIES  

SECTION 108A   TRUSTEE ' S DUTY TO IDENTIFY ETC. MULTIPLE SUPERANNUATION ACCOUNTS OF MEMBERS  

108A(1)  
Each trustee of a superannuation entity (other than the trustee of a pooled superannuation trust or a self managed superannuation fund) must ensure that rules are established, which:


(a) set out a procedure for identifying when a member of the superannuation entity has more than one superannuation account in the superannuation entity; and


(b) require the trustee to carry out the procedure to identify such members at least once each financial year; and


(c) if the member has 2 or more superannuation accounts in the superannuation entity - require the trustee to merge the accounts so that the member has only one account balance in respect of those accounts, if the trustee reasonably believes that it is in the best interests of the member to do so; and


(d) provide that fees are not payable (other than a buy-sell spread) for any merger of superannuation accounts that occurs as a result of paragraphs (a) to (c).

108A(2)  
The requirement in paragraph (1)(c) does not apply if:


(a) it is not practicable in the circumstances to merge the member ' s superannuation accounts; or


(b) one or more of the superannuation accounts is a defined benefit interest or income stream.

108A(3)  


A superannuation account is a record of the member ' s benefits, in relation to a superannuation entity in which the member has an interest, which is recorded separately:


(a) from other benefits of the member in relation to the entity (if any); and


(b) from other benefits of any other member in relation to the entity.

108A(4)  
In determining, for the purpose of paragraph (1)(c), whether it is in the best interests of a member to merge his or her superannuation accounts, the trustee must consider the total amount of fees and charges payable by the member in respect of all of his or her accounts in the superannuation entity (including any fees and charges payable by the member for insurance provided in respect of all of his or her accounts).

108A(5)  
A trustee commits an offence if the trustee contravenes subsection (1). This is an offence of strict liability.

Penalty: 50 penalty units.

Note 1:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:

For strict liability, see section 6.1 of the Criminal Code .


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.